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HomeMy WebLinkAbout5.F.2. Approval of Minutes: June 21, and July 05, 2011OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 21, 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; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director /City Engineer; and Julie Linnihan, Finance Director. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill said staff had no changes to the agenda. Clay/Punt moved to approve the agenda. Motion carried 5 -0. In the Mayor's report, Mayor Schmitt said he attended the 169 Corridor meeting and discussed the impact of the possible government shutdown to the Highway 101/13 interchange project. Mayor Schmitt also attended the SCALE board meeting. Discussed were capital projects for the future. He attended the Minnesota Go program put on by Mn/DOT. He also attended the Chamber luncheon in which three legislatures also attended. Mayor Schmitt said there was also a girls youth softball tournament over the weekend and on Monday the Police Department's torch run for Special Olympics took place. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Lehman/Heitzman moved to approve the Consent Agenda. Mr. McNeill read the Consent agenda. Motion carried 5 -0. Lehman/Heitzman offered Ordinance No. 487, An Ordinance Amending Chapter 11 (Zoning) Regarding Variances, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to accept with regret the resignation of Mr. Francis Hagen from the Transit Advisory Committee, and authorized the appropriate City officials to take the steps necessary to fill the vacancy created by Mr. Hagen's resignation. (Motion carried under the Consent Agenda) Lehman/Heitzman authorized the appropriate City officials to execute the Signal System Agreement with Scott County for the replacement of a traffic control signal system on CSAH 101 and Stagecoach Road. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the appropriate City official to enter into an extension agreement with WSB & Associates for Updates to the Comprehensive Water Resources Management Plan (CWRMP) for the City of Shakopee (estimated cost $11,000412,000). (Motion carried under the Consent Agenda) Official Proceedings of the June 21, 2011 Shakopee City Council Page -2- Lehman/Heitzman moved to approve Change Order #1 and authorize the expenditure of $15,659 from the project contingency fund for plumbing- related changes to the new fire station. (Motion carried under the Consent Agenda) Lebman/Heitzman moved to approve the bills in the amount of $626,313.98 and electronic transfers in the amount of $404,749.25 for a total of $1,031,063.23. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the minutes of June 6, 2011 and June 7, 2011. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the application and grant an on sale liquor license for all days of the week to Raceway Park Inc. dba Raceway Park, One Checkered Flag Boulevard, conditioned upon compliance with all licensing requirements of the City Code, effective July 1, 2011. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to waive the requirement of the City Code Section 5.02, Subd. 9 for Stonebrook Golf Club LLC dba Stonebrook Golf Club, and approve the applications and grant an on sale and Sunday on sale liquor license to Stonebrooke Golf Club LLC dba Stonebrooke Golf Club, 2693 County Road 79, effective July 1, 2011. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize Police Chief Jeff Tate and one police captain to attend the IACP Conference to be held in Chicago, Illinois, October 22 -26, 2011. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to direct that the Employment Agreement with Police Chief Jeff Tate be amended to extend the take home city vehicle provision for an additional two years until May 31, 2013, or until such time as a replacement vehicle is needed, whichever is first. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 7105, A Resolution Authorizing Banking Services with Voyager Bank, and move its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzinan moved to approve the application and grant a temporary on -sale liquor license to the Fraternal Order of Eagles #4120, 220 2nd Avenue West, for July 9, 2011, conditioned upon meeting all licensing requirements. (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. Julie Linnihan, Finance Director, introduced Kara Gaffy, CPA Audit Manager with Kern, DeWenter, Viere, Ltd. (KDV) who presented the 2010 comprehensive audit. In an overview, Ms. Gaffy discussed the Comprehensive Annual Financial Report, Compliance with Government Auditing Standards /Legal Compliance Audit Guide and the Management Letter. Official Proceedings of the June 21, 2011 Shakopee City Council Page -3- Ms. Gaffy discussed the City's material weaknesses, significant deficiencies and control deficiencies. This is due to the small number in staff in some divisions who control incoming and outgoing cash flow. Overall Ms. Gaffy said that the City of Shakopee is in good financial standings with a Moody Bond rating of Aa2, which is a good rating. Ms. Gaffy then summarized the required communication summary with regard to the auditing performance and process preformed by KDV. Lehman /Clay moved to accept the findings of the audit for 2010. Motion carried 5 -0. Mayor Schmitt asked for Council liaison report. Cncl's. Punt, Heitzman, Clay and Lehman had nothing to report. Lehman/Clay moved to recess for an Economic Development Authority meeting at 7:23 p.m. Motion carried 5 -0. Mayor Schmitt reconvened the meeting. Lehman/Heitzman moved to recess for five minutes. Motion carried 5 -0. Mayor Schmitt reconvened the meeting at 7:50 p.m Michael Leek, Community Development Director, presented Council with the Planned Unit Development (PUD) Amendment Request for Dean Lakes PUD. Mr. Leek said the Ryan Companies has made application for a PUD Amendment to the Dean Lakes PUD. The original PUD approval allows for development consistent with the approved development plan only, specifically, commercial, residential, and business park uses. The applicant is requesting to amend the PUD to allow the planting and harvesting of agricultural crops for seven years on 60 acres of vacant property designated for business park development. Mr. Leek said that if the request was approved by Council, Scott County Taxation Department noted that the request would reclassify the property to an agricultural status beginning 2012. Reclassification would result in approximately $231,000 less taxes being collected which would include $7,600 less to the City of Shakopee. Mr. Leek said the Planning Commission recommended to the City Council the approval of the request subject to conditions. Casey Hankinson, Vice President, 6615 Parkwood Lane, Edina of Ryan Companies, Chris Brink, Civil Engineer of Ryan Companies and Dale Coffman from Outdoor Vision who Ryan Companies contracts with for farming were present to answer questions from Council. Mr. Hankinson discussed the initial intent Ryan Companies had for the Dean Lakes properties and that is for business development. However, the 90 acres of business park within the property has been very slow to develop. Mr. Hankinson said that Ryan Companies is now paying $1.2 Official Proceedings of the June 21, 2011 Shakopee City Council Page -4- million dollars in taxes with the current configuration. Mr. Hankinson said the company has been able to absorb the amount for the last couple of years but they are now trying to find a way to help curb the cost. After Council asked questions of Mr. Hankinson, Mayor Schmitt asked for a motion. Clay /Lehman moved to deny the request for the PUD amendment and direct staff to prepare a resolution of denial. Discussion followed. Mayor Schmitt asked if the other properties in the City that are zoned industrial and vacant at this time, if they are being taxed as agricultural land. Mr. Leek said he would have to check the County classifications for those properties. Ms. Punt commended Ryan Companies for the plans process they have gone through which included keeping the adjacent residences appraised of their plans. Cncl. Lehman said he would support the plan but not for seven years. Mr. Hankinson reminded Cncl. Lehman that if any of the 35 conditions in the resolution are not followed, the amendment could be denied. Mr. Hankinson said that the reason for seven year amendment was to eliminate going through the process again. Mr. Clay said his objection to the request is not about agriculture but about taxes. He believes that the City has helped Ryan Companies with the development with tax abatement and changed the use to residential and commercial. Chris Brink, 14317 Kippling Ave. S., Savage, Engineer for Ryan Companies, addressed Council stating that farming would maintain the property esthetically for the surrounding residents. Mayor Schmitt asked for a vote on the motion. Motion failed 3 -2 with Cncl. Punt, Cncl. Heitzman and Mayor Schmitt opposing. Heitzman/Punt moved to approve Resolution No. 7106, Approving An Amendment to the Planned Unit Development for Dean Lakes Allowing Agricultural Uses. Cncl. Lehman said he would approve the motion if the motion was to change the length of the amendment. Mayor Schmitt asked for a vote on the motion. Motion carried 3 -2 with Cncl. Lehman and Cncl. Clay opposing. Mr. Leek presented Council with the Discussion of Regulations Regarding Pawnshop Locations. Mr. Leek said that effective August 1, 2011 the Legislature has repealed a provision in statute that prohibited pawnshops from being any closer to "gambling casinos" than "ten driving miles ". With the change, there would be increased opportunities for new pawnshop locations within the City of Shakopee. Official Proceedings of the June 21, 2011 Shakopee City Council Page -5- Mr. Leek asked Council to provide direction whether to consider changes to the Shakopee City Code to address the changed circumstances. Jeff Tate, Shakopee Police Chief, said that if an additional pawn shop were to locate to Shakopee, his department would see an increase in work load. He also said that last year the two current pawn shops took in over 100 items that were stolen outside of Shakopee and approximately 80 items that were stolen within Shakopee. Mayor Schmitt asked that staff work with Chief Tate and Mr. Thomson to draft amendments to both City Code Chapters 6 and 11 for Council consideration. Ms. Linnihan, Finance Director, presented Council with the Performance Measurement Program. Ms. Linnihan said that 2010 the legislature created the Council on Local Results and Innovation. The group established 10 performance measures for Counties and Cities that would provide a guide for determination of effectiveness and efficiency of existing services. To participate in the program, cities must submit a report to the Office of State Auditor by July 1, 2011, consisting of a declaration of intent to participate. Council discussed the pros and cons of the Performance Measurement Program. Heitzman/Lehman moved to not participate in the Performance Measurement Program. Motion carried 5 -0. Mayor Schmitt asked if there any other business or Council concerns. Cncl. Heitzman asked when the sidewalks going across the railroad tracks on Second Avenue and Spencer Street are going to be finished. Bruce Loney, Public Works Director /Engineer said the City has not been able to confirm with the railroad company when the project will be finished. Cncl. Lehman said he's received a few phone calls regarding road conditions between Main Street and Bluff Ave because of the equipment from the Hwy 101 Project damaging the road. Mr. Loney said that any damage the contractor creates will be repaired by the contractor. He also cautioned Council that the sewer line is very shallow on the west end of Bluff Ave. Lehman/Heitzman moved to overlay Main Street between First Avenue and Bluff Avenue, and also overlay Bluff Avenue between Market St. and Main St. and charge the contractor for damages they are responsible for. Discussion followed. Mr. McNeill asked if Council would be okay if the issues discussed were brought back for the July 5 0 ' meeting so staff could gather information. Lehman/Heitzman modified the motion to reflect adding the Bluff Avenue concerns to the July 5, 2011 Council meeting. Motion carried 5 -0. Lehman/Clay moved to adjourn to Tuesday, July 5, 2011 at 7:OOp.m. Motion carried 5 -0. The Council meeting ended at 9:21 p.m. ` Ju th S. Cox Kim Wecknan City Cleric Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JULY 5, 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; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Looney, Public Works Director /City Engineer; Julie Linnihan, Finance Director; and Jeff Tate, Police Chief. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill asked to add to Other Business discussion of the location of July 12 s workshop and a brief presentation by Kris Wilson regarding email addresses. Clay / Heitzman moved to approve the agenda as amended. Motion carried 5 -0. In the Mayor's report Mayor Schmitt said he attended the Boards and Commissions picnic, a needs assessment meeting with St. Francis /Park Nicollet Clinic, the Transportation and Economic Development for the Greater Minnesota Area, and the school Superintendent interviews. Mayor Schmitt also said he attended the SCALE Board Meeting. Discussion involved the government shutdown, the Scott County lawsuit and the possible changes to the 2012 Met Council appointments. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Mr. McNeill asked to remove 5.A.3, Order a Feasibility Report for Sewer and Water Extensions on CSAH 69 from Scott Street to Apgar Street — Resolution No. 7109. Lehman/Heitzman moved to approve the Consent Agenda as amended, removing 5.A.3., Ordering a Feasibility Report for Sewer and Water Extensions on CSAH 69 from Scott Street to Apgar Street. Mr. McNeill read the Consent agenda. Motion carried 5 -0. Lehman/Heitzman moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the design of the Upper Valley Drainage Ditch Wall Improvements by CSAH 17. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the quote from Final Grade, Inc. in the amount of $68,189.00 and an alternate quote for the replacement of a wall cap on the southernmost retaining wall tier for $1,577.66 for the Upper Valley Drainage way Slope Stabilization Project in Scenic Heights. (Motion carried under the Consent Agenda) Lelmnan/Heitzman moved to declare the 1996 Cadillac Seville, VIN: 1G6KY5290TU800971; the 2000 Mitsubishi Mirage, VIN: JA3AY26CX6U045363; the 2003 Kin Sorento, VIN: KDNJC733X35181304; the 2005 Nissan Alfima, VIN: 1N4AL11D15C251950; and the 2006 Jeep Commander, VIN: IJ8HG58216C219261 as surplus property. (Motion carried under the Consent Agenda) Official Proceedings of the July 5, 2011 Shakopee City Council Page -2- Lebman/Heitzman offered Resolution Number 7108, a Resolution Authorizing Acceptance of a Traffic Safety Award, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 7107, a Resolution Approving a Joint Powers Agreement with the Minnesota Internet Crimes Against Children Multi- Agency Task Force and the State of Minnesota, acting through its Commissioner of Public Safety, Bureau Of Criminal Apprehension, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to direct the appropriate City officials to execute the Amendment to the PUD Agreement for Dean Lakes Project. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to accept, with regret, the resignation of Carrie Duckett from the position of IT Coordinator, effective July 15, 2011, and authorize the appropriate staff to begin the selection process for the City's next IT Coordinator. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to accept the resignation of Luke Struck from his position as paid -on- call firefighter with the Shakopee Fire Department. (Motion carried under the Consent Agenda) Lebman/Heitzman moved to approve the bills in the amount of $815,025.77 and electronic transfers in the amount of $512,129.69 for a total of $1,327,155.46. (Motion carried under the Consent Agenda) Lebman/Heitzman 1. Moved to approve the application and grant a temporary on -sale 3.2 percent malt liquor license to the Shakopee Jaycees, Inc. for the fenced in beer garden (Tent A- near Stage area) at Huber Park, on Friday, August 5, 2011, from 5:00 pm to midnight and the bar being cleared of alcohol by 12:30 a.m., and on Saturday, August 6, 2011 from 11:00 a.m. to midnight and the bar being cleared of alcohol by 12:30 a.m. 2. Moved to approve the application and grant a temporary on -sale 3.2 percent malt liquor license to the Shakopee Jaycees, Inc. for the fenced in beer garden (Tent B — near Taste of Shakopee area) at Huber Park, on Thursday, August 4, 2011 from 5:00 p.m. to 9:00 p.m. and the bar being cleared of alcohol by 9:30 p.m., and on Saturday, August 6, 2011, from 11:00 a.m. to midnight and the bar being cleared of alcohol by 12:30 a.m. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 7110, A Resolution Changing the August 2, 2011 Council Meeting Date, 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. Bruce Loney, Public Works Director /City Engineer, stated that Mayor Schmitt asked that 5.A.3 be removed from Consent to discuss Ordering Preliminary Engineering Report for CSAH 69 utility Improvements. Mayor Schmitt stated that he asked for the removal of 5.A.3 to discuss the inclusion of 126 Scott Street and 406 1 st Ave. W. in the preliminary engineering report to analyze the extension of sanitary sewer and water services. Official Proceedings of the July 5, 2011 Shakopee City Council Page -3- Lehman/Punt offered Resolution No. 7109, a Resolution Ordering a Preliminary Engineering Report for the CSAH 69 Utility Improvements and to include the property at 126 Scott Street and 406 1 st Ave. W. in the report, and moved its adoption. Motion carried 5 -0. Mayor Schmitt asked for the Council liaison reports. Cnel. Lehman and Cncl. Clay had no reports. Cnel. Heitzman said he attended the school board meeting which was the last meeting that Jon MCBroom, Superintendent, attended before his retirement. Cnet. Punt attended the Scott County Transit meeting. She said they discussed the Eagle Creek Park and Ride progress as well as the progression of the Marshall Road Transit station. Clay / Heitzman moved to recess for an Economic Development Authority Meeting at 7:20 p.m. Motion carried 5 -0. Mayor Schmitt reconvened the meeting at 7:31 p.m Mr. Loney presented Council with the C.R. 101 Change Order for Paving of Main Street, from 1" Avenue to Bluff Avenue and Bluff Avenue from Main Street to Market Street. Mr. Loney reminded Council that they approved a change order to repave Minnesota Street, Dakota Street and Prairie Street from C.R. 101 to Bluff Avenue in conjunction with the C.R. 101 project. Mr. Loney said staff has worked with the contractor N.W. Asphalt to obtain a cost estimate for the paving noted above. The price is $34,710.00. Mr. Loney said the issues for Main Street north of C.R. 101 are the sanitary sewer which is very shallow and the services to the homes to the east that freeze up during the winter. It was proposed with the reconstruction of Main Street to reroute the sanitary sewer main to Bluff Ave which has more depth. Shakopee Public Utilities (SPUC) has commented that their watermain is of the age to be replaced and not at the depth they would desire and there are service line issues that should be corrected with a new water line. Financially SPUC advised staff that it would be better for them to replace the watermain next year. It is staff's opinion that the utilities should be replaced on Main Street before repaving the street. After staff answered Council's questions, Joe Adams, Engineer with Shakopee Public Utilities Commission, discussed the water issue on Main Street. Clay /Lehman moved to direct staff to hold off on the repaving of Main Street from C.R. 101 to Bluff Avenue until next year or such time as the water and sewer reconstruction has been completed and to hold off on the repaving Bluff Avenue from Main Street to Market Street until a connection is made to residence that has a water main connection to Main Street that SPUC wants to reconnect to Bluff Avenue. Discussion followed. Mr. Loney wanted to clarify the motion that Cncl. Clay wanted to put a connection out from the residence discussed in the motion. Cnel. Clay verified that he intended to put a connection out from the residence. Cncl. Clay modified his motion regarding Bluff Avenue to have the temporary water connection put in place for the residence and then pave Bluff Avenue from Main Street to Market Street this year. Official Proceedings of the Shakopee City Council July 5, 2011 Page -4- Mayor Schmitt asked for a vote on the motion. Motion failed 5 -0 with all Council members opposing the motion. Clay /Punt moved to direct staff to pave Bluff Avenue from Market Street to Main Street and have the water stubbed in for the one property owner as part of that process and defer Main Street water, sewer and paving until 2012 or whatever date is feasable. Motion carried 5 -0. Michael Leek, Community Development Director, presented Council with the Proposed Amendment to Shakopee City Code Sec. 6.28 Related to Pawn Brokers. Mr. Leek said that at the June 21" Council meeting, Council directed staff to work with the City Attorney to draft an amendment to Shakopee City Code Sec. 6.28 to address licensing of pawnbrokers in light of the pending repeal of the location limitation for pawnbrokers. Mr. Leek said the draft addresses a limitation on the number of licenses based on population and also the distance between pawn establishments intended to lessen any risk of illegal activities. Clay /Punt offered Ordinance No. 848, Fourth Series, and Ordinance of the City of Shakopee Amending Shakopee City Code Sec. 6.28 as it relates Specifically to Pawnbrokers, and moved its adoption. Discussion followed. Cncl. Lehman stated he opposes the amendment because of the restrictions of licensing of these types of businesses in the community. Jeff Tate, Police Chief, also addressed Council stating that additional pawnbrokers in the community would significantly increase the workload of the police department that would require additional staff. Mayor Schmitt asked for a vote on the motion. Motion carried 4 -1 with Cnel. Lehman opposing. Mark McNeill, City Administrator, presented Council with the Derby Days Authorizations. Mr. McNeill said that Council is asked to consider approval to a number of requests from the Derby Days Committee and City staff related to this year's event. Mr. McNeill highlighted the changes from last year which include adding a second beer tent. The other includes a change to the Derby Day's parade route due to road construction and various public parking restrictions. Jack McGovern of the Derby Day's committee answered questions Council had regarding the requests. Mr. McGovern also asked to add to the request list that the Annual Water Fight could be moved from 3rd Avenue between Lewis and Somerville to Second Avenue and Fuller Street, as an option. Punt /Lehman moved to approve the various requests of the Derby Days Committee and staff regarding the Derby Days Weekend to be held Wednesday August 3 through Sunday, August I 2011. Also, approve the request that the Annual Water Fight be moved from 3' Avenue between Lewis and Somerville to Second Avenue and Fuller Street, as an option. (Memo from Recreation Supervisor and City Administrator dated July 5, 2011, CC Document No. 497.) Discussion followed. Cncl. Lehman thanked the Derby Day's Committee for all of their time and effort to put together the Derby Day's events. Official Proceedings of the July 5, 2011 Shakopee City Council Page -5- Mayor Schmitt asked for a vote on the motion. Motion carried 5 -0. Kris Wilson, Assistant City Administrator, presented Council with the Future of Downtown Fire Station Building. Ms. Wilson stated that upon the completion of the new fire station at 1001 Vierling Dr. W., the Fire Department will no longer have a need for the old station located at 334 2nd Ave. W. Ms. Wilson said that no other City department has an interest in taking over the building. Ms. Wilson asked the Council to authorize the sale of the old fire station. Discussion followed. Consensus of council members was for staff to hire an appraiser to get an appraisal of the property and to explore the City's options regarding the property. Mayor Schmitt asked if there was any other business or Council concerns. Mr. McNeill asked for Council's input on where to hold the Julyl2tii budget workshop meeting. Council members agreed to holding the meeting at the Police Station conference room. Ms. Wilson advised Council that the City will be changing their email software from Microsoft Outlook to Google. She noted that no one's email address will change; however, the access point to obtain email has changed. She gave Council a brief overview of how to access their email on gmail. Mayor Schmitt asked if there were any other Council concerns. Cnel. Heitzman asked staff to look into why the Animal Control activity reports that were requested have not been in the Council activity packets. Mr. McNeill stated that he would look into the matter. Clay /Lehman moved to adjourn to Tuesday, July 12, 2011 at 7:00 p.m. at the Police Station. Motion carried 5 -0. The Council meeting ended at 8:53 p.m. jJu�dith S. Cox City Clerk Kim Weckman Recording Secretary