HomeMy WebLinkAbout5.F.2. Approval of Minutes: November 01 and 15, 2011 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 01, 2011
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members, Matt Lehman,
Steve Clay, Pat Heitzman, and Pamela Punt present. Also present Mark McNeill, City
Administrator; Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; R.
Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City
Engineer; Judith S. Cox, CityClerk; Julie Linnihan, Finance Director; and Sherry Dvorak, Park
and Recreation Supervisor.
The Pledge of Allegiance was recited.
Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill said
there were no changes to the agenda_
Clay/Heitzman moved to approve the agenda. Motion carried 5-0.
In the Mayor's Report Mayor Schmitt said he visited a potential industrial tenant. He said it's a
strong possibility that the company may settle in Shakopee with new facilities. The
Transportation and Economic Development meeting was held on 10-28-11. Discussed was
working on an economic development strategy and the flood mitigation process with MN
Department of Transportation. On 10/31/11 the Mayor attended a meeting at the MN
Department of Transportation with Mn/DOT representatives and other Scott County
representatives. The primary discussion was the Highway 101 bridge corridor. Discussed was
design phase, closing the road for 12 months for construction and funding issues.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Cncl.
Heitzman asked to add to the consent agenda 12.A., Naming of Greenfield East/Park Meadows
Park and 13.F.1., Authorize Purchase of Two Storage Area Networks (SANs). Cncl. Lehman
asked to defer to a later meeting 12.B., Park Planning Process Policy, Resolution No. 7134, and
add 13.A.2., Future of Environmental Advisory Committee to the consent agenda.
Lehman/Heitzman moved to approve the Consent Agenda as amended. Mr. McNeill read the
Consent Agenda. Motion carried 5-0.
Lehxnan/Heitzman moved to authorize stop signs on Gotland Avenue and Danube Avenue; and
on Jutland Avenue and Nordic Street, as per the drawing labeled Proposed Stop Sign Map.
(Motion carried under the Consent Agenda) (CC Document No. 501)
Lehman/Heitzman moved to authorize the no parking signs on the south side of Levee Drive and
the removal of the 2-hour parking signs on the north side of Levee Drive from Atwood Street to
Fuller Street. Also, move to approve painting yellow curb at the ramp to the gazebo to indicate
no parking in front of the ramp. (Motion carried under the Consent Agenda)
Lehxnan/Heitzman moved to authorize the appropriate City officials to execute the Scott County
Standard Road Maintenance Agreement for CSAH 15 and C.R. 77. (Motion carried under tne
Consent Agenda)
Official Proceedings of the November Ol, 2011
Shakopee City Council page 2
Lehman/Heitzman moved to authorize the Change Orders 1 through 3 for Greenfield East/Park
Meadows Park for $12,223.05 in favor of Chard Tiling & Excavating; Inc. (Motion carriecl urider
the Consent Agenda)
Lehman/Heitzman moved to accept, with regrets, the resignation of Rachael Romansky from the
Environmental Advisory Committee, to thank her for the contributions she has made for the
residents of Shakopee and to authorize staff to advertise to fill the vacant position during the
annual City wide advertisements for expiring terms on boards and commissions. (Motion carried
under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7133, a Resolution Setting the Public Hearing Date to
Consider the Vacation of Right-Of-Way of a Portion of Clay Street North of County Road 69,
and moved its adoption. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to approve the bills in the amount of $209.867.86 and electronic
transfers in the amount of $474,614.99 for a total of $684,482.85. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve the minutes of October 18, 2011 (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve the engagement of Kern DeWenter and Viere, as auditors
for the fiscal year 2011 audit, the proposed amount of $39,200, with additional funds as budgeted
for a Single Audit process, if needed, as mandated by use and receipt for federal funds. (Motion
carried under the Consent Agenda)
Lehman/Heitzman moved to approve the transfer of $125,000 from the Employee Benefits
Internal Service fund and $25,453 from the General Fund to the Information Technology Internal
Service Fund in 201 l. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize the hiring of St. Croix Solutions for set-up, programming
and mapping of the new SANs at a cost not to exceed $19,000. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve the recommendation of the Park and Recreation Advisory
Board to name Greenfield East/Park Meadows Park, Green Meadows Park. (Motion carried
under the Consent Agenda)
Lehman/Heitzman moved to defer the Park Planning Process Policy, Resolution No. 7134, until
a future meeting when the Park, Recreation & Natural Resources Director can be present.
(Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize Environmental Advisory Committee to meet, as needed,
when environmental policy issues arise. (Motion casried under the Consent Agenda)
Lehman/Heitzman moved to authorize the purchase of two EMC Storage Area Networks from
Shipping House International (5HI) at a cost not to exceed $134,215.00. (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.
Official Proceedings of the November O1, 2011
Shakopee City Council Page 3
Mayor Schmitt asked for Council liaison reports. Cncl. Punt attended the Scott Communities
Transit Review board meeting. The focus of the meeting was a presentation by the Metropolitan
Council on regional transit way guidelines. Cncl. Heitzman, Clay and Lehman had no reports.
Bruce Loney, Public Works Director/City Engineer presented Council with the Donation of Land
to the Minnesota Department of Natural Resources (MN/DNR). Also present was Tamera
Simonage with the MN/DNR.
Mr. Loney said City staff has been working with staff from the DNR and Scott County to
determine options to replace the pedestrian bridge in Memorial Park. During the conversations
regarding the bridge a local land owner near 1Vlemorial Park has approached the DNR to accept
the donation of his land. The land is approximately three acres and is located between Valley
Haven Mobile Home Park and the Travel Lodge HoteL
The DNR is considering accepting the donation and feel that they can use a portion of the
property to possibly reroute the MN Valley State Trail from the campground through the land,
and along Hwy. 101 to Memorial Park. This would eliminate the need to replace the bridge in
Memorial Park.
Prior to accepting the land the DNR would like to obtain feedback from the City Council about
the donation of land and the rerouting of the state trail along Hwy 101. Mr. Loney also reminded
Council that the trail is also used as a snowmobile trail during the winter.
Ms. Simonage with the DNR addressed Council and stated that the DNR's biggest concern is to
get the existing trail out of the flood plain. She also said the DNR thinks the property could also
be used as a trailhead. Ms. Simonage also said the bridge on the state trail will need to be
replaced in the near future and moving the trail out of the flood plain would eliminate the cost of
rebuilding a bridge.
Mr. McNeill asked Council to consider the three acres that is being donated. He said over the
years the land has been considered for commercial development. Mr. McNeill is asking Council
if there is a potential economic development opportunity since Highway 101 was recently
reconsfiructed. Mr. McNeill also said he spoke to the owner. The owner is open to further
discussion with the City with the possibility of the land donation to the City. Discussion
followed.
Council agreed to have staff work with the property owner regarding donating theland to the
City and then the City could work with the DNR regarding the trail relocation.
Mr. Loney presented Council with the Recommendations by the Traffic Safety Review
Committee (TSRC) regarding Downtown Parking.
Mr. Loney said the Traffic Safety Review Committee has reviewed the downtown street signage
on parking requirements and is recommending the following signage changes for Council to
consider based on the City's ordinance and the current parking requirements of 30-minutes, 2-
hour and 8-hour limits.
1. Remove 30-minute parking signs on Holmes Street but retain 30-minute parking on
Sommerville Street by the post office.
Official Proceedings of the November O1, 2011
Shakopee City Council Page 4
2. Provide 2-hour parking signs on Fuller Street, Holmes Street, Lewis Street and '
Sommerville Street, from 1 St Avenue to 2 Avenue. Also, 1 St Avenue from Holmes
Street to Sommerville Street; Fuller Street by Stans Museum and the Scott County Jail;
and on Holmes Street from 3 Avenue to 4� Avenue due to adjacent residents. The 2-
hour parking signs to be from 8:00 a.m. to 6:00 p:m., except Sunday and Holidays.
3. 8-hour parking signs to be moved as they are difficult to enforce and parking limits in the
current ordinance would suffice.
4. Signs restricting parking from 2:00 a.m. to 6:00 a.m. every day of the year to be added on
2 Avenue, l Avenue and Levee Drive, between Sommerville Street and Fuller Street;
and on Lewis Street, Holmes Street and Fuller Street, between 2 Avenue and Levee
Drive as per ordinance. Other areas outside these streets, the 2:00 a.m. to 6:00 a.m. signs
to be removed. Discussion followed.
Lehxnan/Punt moved to approve the Traffic Safety Review Committee's recommendations, as
presented by stafF, regarding downtown street signage on parking requirements. Discussion
followed.
Cncl. Clay had concerns regarding the signage between l and 2" Avenues that state there is no
overnight parking. He realizes the purpose of the signage is for snow removal but would like to
see it changed to odd, even parking.
Mr. Loney said the purpose of no overnight parking in the downtown area is for snow removal
for the businesses in the district. After longer discussion regarding the subject, Cncl. Lehman
called the question. Motion canied 4-1 with Councilor Clay in the negative.
Mayor Schmitt asked for a vote on the main motion. Motion carried 4-1 with Mayor Schmitt
opposed.
Mayor Schmitt asked there were any other Council concerns or business. Cncl. Clay asked if the
police department had a backup generator. He thought he read in one of the Consent agenda
items that the building was not equipped with a backup generator. Mr. McNeill confirmed that
the building is equipped with a backup generator.
Lehman/Heitzman moved to adjourn to Tuesday, November 15, 2011 at 7:00 p.m. Motion
carried 5-0.
The Council meeting ended at 8:27 p.m.
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;Ju�ith S. Cox
C�ty Clerk
Kim Weckman
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 15, 2011
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members, Matt Lehman,
Steve Clay, Pat Heitzman, and Pamela Punt present. Also present Mark McNeill, City
Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek,
Community Development Director; Bruce Loney, Public Works Director/City Engineer; Julie
Linnihan, Finance Director; Michael Hullander, Public Works Supervisor; and Rick Coleman,
Fire Chief.
The Pledge of Allegiance was recited.
Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill said
there were no changes to the agenda.
Punt/Heitzman moved to approve the agenda. Motion carried 5-0.
In the Mayor's Report Mayor Schmitt had nothing to report.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. There were
no additions or deletions to the Consent Agenda.
LehmanlHeitzman moved to approve the Consent Agenda Mr. McNeill read the Consent
Agenda. Motion carried 5-0.
Lehman/Heitzman ofFered Resolution Number 7139, a Resolution of the City of Shakopee,
Minnesota, accepting $1,000.00 from the Shakopee Jaycees to purchase a new laser for speed
enforcement, and moved its adoption. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize staff to purchase furnishings and equipment for the new
Fire Station as described in the November 10, 2011 memo from Kris Wilson and Rick Coleman
at a total cost not to exceed $48,000. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to accept, with thanks for her service to the City of Shakopee, the
resignation of Christine Gorton from the Planning Commission/BOAA, and directed staff to take
the appropriate steps to fill the vacancy created by her resignation. (Motion carried under the
Consent Agenda)
Lehman/Heitzman offered Resolution No. 7135, A Resolution Authorizing the Appropriate City
Officials to Execute Mn/DOT Agreement No. 99924, and moved its adoption (for federal
participation in construction). (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize appropriate City officials to execute an extension
agreement between WSB & Associates, Inc. and the City of Shakopee for the Lift Station L-16
VFD's replacement and installation of a back=up control system. Also, moved to authorize staff
to obtain quotes for the replacement of the variable frequency drive's (VFD's) and installation of
a back-up control system to be brought back to City Council at a later date. (Motion carried
under the Consent Agenda)
Lehman/Heitzman moved to authorize continued light duty status for Officer Brad Bisek up
through February 16, 2012. (Motion carried under the Consent Agenda}
Official Proceedings of the November 15, 2011
Shakopee City Council Page 2
Lehman/Heitzman moved to approve the bills in the amount of $1,821,277.08 and electronic
transfers in the amount of $384,605.83 for a total of $2,205,882.91. (Motion carried under the
Consent Agenda)
Lehman/Heitzman offered Resolution No. 7134, A Resolution Canvassing Returns for the 2011
Municipal Election, and moved its adoption (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to direct staff to continue negotiations with the Department of Natural
Resources, Scott County, Three Rivers Park Districts, and Scott County Water Conservarion
District, for the donation of a three acre parcel of land located east of Marschall road, and north
of First Avenue. (Motion camied 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.
Jeff Weyandt, Assistant Engineer, presented Council with the Assessment Hearing for the 2011
Street Reconstruction Project, Project No. 2011-1.
Lehma.n/Punt moved to open the public hearing. Motion carried 5-0.
Mr. Weyandt advised Council that the project has been completed and the costs identified. The
final project cost is $3,486,261.66, which consists of construction costs, financing costs and
engineering/administration costs. The final cost is approximately $1.4 million less than the
feasibility study cost estimates.
City policy is to assess 30% of the project costs to the benefiting properties. Properties will be
assessed on a per lot basis. The proposed assessment rate is $2,975.96/lot which is
approximately $1,100.00/lot less than the feasibility study cost estimate. The assessment will be
spread over 10 yrs wi�h and interest rate of 5%.
Mayor Schmitt asked if there was anyone in the audience who�wished to speak at the public
hearing.
Sherman Thurmer, 742 Madison St., asked Council to explain why the City tax collected doesn't
pay for streex reconstruction. Mayor Schmitt explained the reason for assessments and the
purpose of property taxes.
Jim Thomson, City Attorney, also explained to the residents the assessment appeal process.
Heitzman/Punt moved to close the public hearing. Motion carried 5-0.
Lehman/Punt ofFered Resolution No. 7138, A Resolution Adopting Assessments for the 2011
Street Reconstruction Project, Project No. 2011-1, and moved its adoption. Motion carried 5-0.
Judy Cox, City Clerk, presented Council with the 2011 Currency Exchange Licenses.
Clay/Lehman moved to open the public hearing. Motion carried 5-0.
Ms. Cox stated that Council is being asked to consider applications for renewal of three currency
exchange licenses. The businesses are Madison Financial Companies dba MoneyXchange, 1147
Canterbury Road; DRM LLC of Shakopee, dba Excel Pawn, 450 West l� Avenue; and Los
Gallos 13 nc. Dba Los Gallos, 582 S. Marschall Rd.
Official Proceedings of the November 15, 2011
Sha.kopee City Council Page 3
Ms. Cox said the Police Department has advised that they are unaware of any reason for �he City
of Shakopee to object to the granting of the currency exchange license to the applicants.
Mayor Schmitt asked if there was anyone in the audience who wished to speak at the public
hearing. No one responded.
Clay/Heitzman moved to close the public hearing. Motion carried 5-0.
Lehman/Clay offered Resolution No. 7136; A Resolution Approving the Applications of
Madison Financial Companies dba MoneyXchange, DRM LLC of Shakopee dba Excel Pawn,
and Los Gallos 13 Inc. dba Los Gallos for a Currency Exchange License, and moved its
adoption. Motion carried 5-0.
Mayor Schmitt asked for Council liaison reports. Cnc1. Punt and Cncl. Heitzman had nothing to
report. Cncl. Clay said he attended the Shakopee Public Utility Commission (SPUC) meeting.
He said the Pike Lake substation is fully energized. He also said that SPUC approved their 2012
budget. Cncl. Lehman attended the Derby Days year end financial meeting and they realized a
$1,500 profit from the Derby Days celebration.
Heitzman/Clay moved to recess for an Economic Development Authority Meeting. Motion
carried 5-0.
Mayor Schmitt reconvened the meeting, at 7:27 p.m.
Michael Leek, Community Development Director, presented Council with the Residential
Pointing Policy.
Mr. Leek said that in 2005 the City adopted the Residential Pointing Policy (RPP). The RPP was
adopted at a time when the City was experiencing tremendous amounts of residential
development. The intent of the RPP was to achieve a higher quality of development than was
achieved by simply following the City Code requirements. The RPP was applied to a small
number of residential development proposals before the housing market experienced its decline.
The development proposals were not significantly different from those development projects
completed prior to the implementation of the RPP.
Mr. Leek said that staff discussed the RPP with the City Attorney who advised that in order for
the RPP to be fully defensible, any requirements should either be adopted into the City Code ar
should be adopted by resolution. At the time that the RPP was adopted, it was done so by
motion rather than by resolution.
Staff recommends that the use of the RPP be suspended and that the Planning Commission and
City Council provide direction as to the elements of the RPP that they would like to see carried
forward into proposed text amendments for inclusion in the City's Zoning and/or Subdivision
Ordinance.
The Planning Commission also recommends that the use of the RPP be suspended. The
Commission requested that staff compile a comparison of provisions in the RPP and the
requirements of City Code. The recommendations of the Commission will be forwarded to City
Council at a later date. Discussion Followed.
Official Proceedings of the November 15, 2011
Shakopee City Council Page 4
Lehman/Heitzman moved to suspend the use of the Residential Pointing Policy effective
immediately. Motion carried 5-0.
Mike Hullander, Public Works Superintendent, presented Council with the discussion and
approval of the 2011-2012 Sidewalk/Trail Routes for snow removal.
Mr. Hullander provided Council with a map of the current sidewalk and trail snow plow map
with the new additions for discussion. He noted that in 1994 staff was directed to remove snow
from sidewalks on collector streets, county roads and school routes. Mr. Hullander explained
that staff is requesting direction from Council to eliminate all or part of the newly constructed
trail and sidewalk segments along CSAH 83, 21, 18 and 16. Staff would also recommend only
doing the west trail segment on CSAH 18 between Crossings Blvd. and CSAH Z1.
Cncl. Punt said she would like to see the section of trail plowed on CSAH 21 between
Southbridge Parkway to Southbridge Parkway which would loop with the Southbridge trail.
Council members agreed with Ms. Punt.
Lehman/Punt moved to approve the 2011/2012 sidewalk and trail snow plow route map dated
November 15, 2011 and to include the north trail on CSAH 21 from Southbridge Parkway to
Southbridge Parkway. Motion carried 5-0. (CC Document No. 502)
Bruce Loney, Public Works Director/Engineer, presented Council with the Review of the
Engineering Work Schedule for 2012 Public Projects.
Mr. Loney said that in July 201 l, staff provided the 5 year Capital Improvement Program (CIl')
as part of the budget process. Mr. Loney said staff has reviewed the CIP projects for 2012 and
has updates as to where they are with the program in order to proceed with preliminary surveys,
designs and cost estimates for some of the projects. Mr. Loney provided an overview and
discussed each of the proposed projects for 2012.
Mr. Loney asked for Council direction on CSAH 17/�ierling Drive intersection improvements.
The City applied for and was selected for a Federal Highway Improvement Safety grant in the
amount of $1,080,000 for reconstruction of the intersection. The City will be responsible for
50% of right-of-way cost, 50% local construction match, and 100% of engineering and Vierling
Drive pavement rehabilitation. Scott County's share is 50% right-of-way and 50% of local
construction match.
Cncl. Lehman said that if this project moves forward and the City can't carry the tax levy what
happens to the remaining 2012 projects.
Julie Linnihan, Finance Director, asked Council if they are in agreement with the proposed
agreement by Scott County to pay less for a county road project than the City is asked to pay.
She then discussed a rough overview of where the City is going to be on the CIP fund. She said
that staff is recommending to maintain the CIP fund and increase the tax levy. She also talked
about taking General fund budget underspend for 2011/2012 at the end of the year and routing
those funds to help supplement the CIP fund.
Mr. Loney then asked Council for a motion on the CSAH 17/Vierling Dr. intersection
improvements and also the County's letter of intent.
Official Proceedings of the November 15, 2011
Shakopee City Council Page 5
Lehma.n/Heitzman moved to direct staff to move forward with the CSAH 17/Vierling Drive
intersection improvements providing that it's a 50/50 cost split with Scott County. Motion
carried 5-0.
Mr. Loney discussed the C.R. 101 Trail from Memorial Park to Sara.zin Street. Thisproject was
originally scheduled for 2413. However, staff has been in contact with the DNR for a possible
local trail connection program grant. If the grant can be obtained; staff would like to move this
project up from 2013 to 2012. Scott County has identified some funding support as well. The
DNR grant is for a maximum of 25% of the eligibility project costs. '
Clay/Punt moved to direct staff to move the C.R. 101 Trail from Memorial Park to Sarazin Street
to 2012 if the grant is obtained from the DNR; and, directed staff to begin the survey work on the
project. Motion carried 5-0.
Mr. Loney discussed in detail and wanted Council direction on the street reconstruction project
on Wood Duck Trail from C.R. 17 to Maple Trail. Mr. Loney said sta.ff would like direction on
whether to proceed with the project next year.
PuntlHeitzman moved to direct staff to obtain a preliminary survey of Wood Duck Trail. Motion
carried 5-0.
Mayor Schmitt asked there were any other Council concerns or business. Cncl. Lehman asked
staff to follow up with the railroad regarding the length of time conductors are blowing the train
whistle while going through town.
Punt/Heitzman moved to adjourn to Tuesday, November 22, 2011 at 7:00 p.m. Motion carried 5-
0.
The Council meeting ended at 8:50 p.m.
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�udith S. Cox
City Clerk
Kim Weckman
Recording Secretary