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HomeMy WebLinkAbout02/16/2010 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 16, 2010 LOCATION: Council Chambers, City Hall, 129 Holmes Street South Shakopee Mission Statement The Mission of the City of Shakopee is to provide the opportunity to live, workand pray in a community with a proud past, promising future, and small -town atmosphere within a metropolitan setting. Mayor John J. Schmitt presiding Agenda items are tied to the following long -term goals that support the City's strategic vision as noted after 1] Roll Call at 7:00 p.m. each agenda item: 2] Pledge of Allegiance A. Active and healthy community. B. High quality of life. 3] Approval of Agenda C. Great place for kids to grow up. D. Vibrant, resilient and stable. E. Financially strong. 4] Mayors Report F. Housekeeping item. 5] Consent Business — (All items listed in this section are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered following the public hearing portion of the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) A] Parks, Recreation, and Natural Resources 1. Surplus Property — Gymnastics and Fitness Equipment (F) B] Police and Fire C] Community Development D] Public Works and Engineering 1. Approve Plans and Specifications for 2010 Cured In -Place Pipe (CIPP) Project, Project No. 2010 -3 — Res. No. 6987 (D) 2. Wetland Replacement Plan for Jackson Elementary School Site — Res. No. 6989 (D) E] Personnel 1. Resignation of Firefighter Scott MacKinnon (F) F] General Administration 1. Approve Bills in the Amount of $833,631.27 (F) 2. Approve Minutes of January 26 and February 3, 2010 (F) 3. Temporary On -Sale Liquor License for a Wine Tasting Fund Raiser (F) 4. Appointments to Boards and Commissions — Res. No. 6988 (A) 5. Bond Redemption (E) 6. City Voicemail Server Update (D) TENTATIVE AGENDA February 16, 2010 Page 2 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS — (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) 7] Public Hearings: A] Proposed 2010 Bituminous Overlay, Project No. 2010 -2 — Res. No. 6986 (D) B] Proposed 2010 Street Reconstruction, Project No. 2010 -1 — Res. No. 6985 (D) 8] Business removed from the consent agenda will be discussed at this time 9] Liaison Reports from Council Members 10] Recess for Economic Development Authority Meeting 11] Re- convene 12] Recommendations from Boards and Commissions A] Text Amendment to City Code for Seasonal Sales — Ord. No. 830 (F) B] Text Amendment to City Code for Projecting Signage — Ord. No.829 (D) 13] General Business A] Parks, Recreation and Natural Resources B] Police and Fire C] Community Development D] Public Works and Engineering E] Personnel F] General Administration 1. Out of State Travel for Fire Conference (D) 14] Council Concerns 15] Other Business 16] Adjourn to Tuesday, February 23, 2010 at 7:00 p.m. to the Scott County Board Room OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 16, 2010 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Matt Lehman, Pat Heitzman, Steve Clay 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; Rick Coleman, Fire Chief; and Jeff Weyandt, Assistant City Engineer. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill said there were no additions or deletions to the agenda. Lehman/Punt moved to approve the agenda. Motion carried 5 -0. In the Mayor's report Mayor Schmitt said he attended the 169 Corridor Committee meeting in St. Peter. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Mr. McNeill had no changes to the Consent Agenda. Cncl. Lehman asked to remove 5.F.5, Bond Redemption. Cncl. Punt asked to remove 5.F.6, City Voicemail Server Update. Lehman/Punt moved to approve the Consent Agenda as amended. Mr. McNeill read the consent agenda. Motion carried 5 -0. Lehman/Punt moved to declare the unused gymnastics and fitness items surplus property and authorize staff to appropriately dispose of these items. (Motion carried under the Consent Agenda) Lehman/Punt offered Resolution No. 6987, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 2010 Cured -In -Place -Pipe Project, Project No. 2010 -3, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Punt offered Resolution No. 6989, a Resolution Approving a Wetland Replacement Plan for the Jackson Elementary School Site, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Punt moved to accept, with regret, the resignation of Scott MacKinnon from his position as paid -on -call firefighter with the Shakopee Fire Department. (Motion carried under the Consent Agenda) Lehman/Punt moved to approve the bills in the amount of $648,575.55 and electronic transfers in the amount of $365,055.72 for a total of $833,631.27. (Motion carried under the Consent Agenda) Official Proceedings of the February 16, 2010 Shakopee City Council Page -2- Lehman/Punt moved to approve the minutes of January 26, 2010 and February 3, 2010. (Motion carried under the Consent Agenda) Lehman/Punt moved to approve the application and grant a temporary on -sale liquor license to the Minnesota Farm Winery Association for April 24, 2010 at Canterbury Park, 110 Canterbury Road. (Motion carried under the Consent Agenda) Lehman/Punt moved to concur with the recommendations of the interview panel and offer Resolution No. 6988, A Resolution Appointing Individuals to Various Boards and Commissions, and moved its adoption. 1. Planning Commission/BOAA — Andy Seidensticker, Michael Klemm 2. Park and Recreation Advisory Board — Eric Krieger, Gretchen Seifert 3. Shakopee Public Utilities Commission — Bill Mars, Michael Romans 4. Police Civil Service Commission — Barb Danielson 5. Environmental Advisory Committee — Eric Burfeind, Rachel Romansky 6. Telecommunications Advisory Commission — Michael Guncheon, Terrance Brandon 7. Transit Commission — Premm Badhwa, Mark McLaughlin 8. Board of Review — Terry Joss (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. Clay/Punt moved to open the public hearing for the 2010 Bituminous Overlay, Project No. 2010- 2. Motion carried 5 -0. Jeff Weyandt, Assistant City Engineer, presented Council with Resolution No. 6986. Mr. Weyandt said that City Council ordered the preparation of a preliminary engineering report to analyze a bituminous overlay of various streets throughout the City. On February 10, 2010, staff conducted an informational meeting for the proposed project. A majority of the residents in attendance were concerned about the need for the project and the one year pay back. Mr. Weyandt said the residents were asking for a two year payback rather than the one year pay back. Mr. Weyandt said the total cost of the project is $739,700.00 with $136,542.42 of the street improvements will be assessed to the benefiting properties. The remaining costs associated with the improvements will be paid with State Aid Funds ($603,157.58). Mayor Schmitt asked if there was anyone in the audience with wanted to speak at the public hearing. No one responded. Heitzman/Clay moved to close the public hearing. Motion carried 5 -0. Official Proceedings of the February 16, 2010 Shakopee City Council Page -3- Clay/Heitzman offered Resolution No. 6986, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for the 2010 Bituminous Overlay, Project No. 2010 -2, and moved its adoption. Motion carried 5 -0. Clay /Lehman moved to direct staff to make provisions for a two -year payback for residents in the 2010 -2 project area who wish to use the option. Motion carried 5 -0. Cncl. Lehman asked to remove himself from the public hearing for the 2010 Street Reconstruction Project, Project No. 2010 -1 because he owns property in the reconstruction area. Punt/Heitzman moved to open the public hearing for the 2010 Street Reconstruction Project, Project No. 2010 -1. Motion carried 4 -0. (with Councilor Lehman abstaining) Jeff Weyandt, Assistant Engineer, presented Council with Resolution No. 6985. Mr. Weyandt stated that City Council ordered the preparation of a preliminary engineering report for the 2010 Street Reconstruction Project. The report was completed and accepted by City Council on January 19, 2010. The project includes reconstruction of the following streets: Shakopee Avenue — Main Street to Market Street; 7 Avenue — Market Street to East of Dakota Street; 8 Avenue — Market Street to East of Dakota Street; Minnesota Street — 7 Avenue to Shakopee Avenue; and Dakota Street — 7 Avenue to Shakopee Avenue. Mr. Weyandt said an informational meeting for the property owners was held on February 10, 2010. General questions were asked regarding design, construction schedule and assessment payments. Mr. Weyandt said that all of the streets in the project area are residential streets. The City's standard street width for residential streets is 37 feet. Previous street projects in the area have been reduced from street widths of 41 to 45 feet to 37 feet street widths. Mr. Weyandt discussed the concerns on Dakota Street from 4 Avenue to Milwaukee Manor. Due to a number of complaints regarding parking on Dakota Street, the Public Works Director has been investigating options for the road. Options include declaring Dakota Street from 4 Avenue to 10 Avenue a snow emergency route and then restrict parking on one side after streets have been plowed. Mr. Weyandt also asked for Council's direction if the City should maintain the new sidewalk along Dakota Street from 4 Avenue to 10 Avenue. Staff has talked with the School District and they are in favor of installing a sidewalk along Dakota Street adjacent to their property. The total estimated project cost for the project is $1,940,000.00. 30% of the street improvements ($306,270.00) will be assessed to the benefitting properties. The remaining costs associated with the street improvements will be paid from General Tax Levy Funds (714,630.00) and the State Aid Fund ($49,400.00). Storm sewer improvements ($164,000.00) will be paid from the Storm Sewer Funds. Water main improvements ($401,600.00) will be funded by Shakopee Public Utilities. Sanitary Sewer improvements ($304,100.00) will be paid from the Sanitary Sewer Fund. Mayor Schmitt asked if there was anyone in the audience that wanted to speak at the public hearing. Official Proceedings of the . bruary 16, 2010 Shakopee City Council Page -4- Matt Lehman, 815 8th Ave. E., address Council with concerns regarding the street width of 37 feet and the possibility of parking restrictions on both sides of Dakota, the addition of sidewalks from a maintenance standpoint, the additional maintenance of lawn added by shortening the width of the street, the care of the new sod in that area and the sewer in the area is not sloped enough. Mr. Lehman also said they were not notified at the informational meeting what the appeal process is for assessments. Mr. Loney answered the questions for Mr. Lehman. Mr. Loney then discussed the options for parking on Dakota Street and Fourth Avenue to Seventh Avenue. Curtis Frey, 512 Shakopee Avenue East, discussed the water pressure issues he's been having in his home for the past year and would like it addressed as part of the construction project. Elmer Otto, 1057 Eastview Circle, has concerns about the narrower street and parking on both sides of Dakota Street near the multi- housing units in the area. Bruce Bade, 806 8 Avenue E., has concerns about the new road width of 37 feet. He said one of the reasons he purchased his home was because of the wide streets. Jerry Hennen, 825 Dakota Street, expressed his concerns regarding the 37 foot street width and the parking problems that have occurred on Dakota Street near the multifamily housing units. He is also against only allowing parking on the east side of Dakota Street, which is the side he lives on. He also asked who will be maintaining the sidewalk once it's put in. Mr. Loney said that on major routes and collector streets Council has directed Public Works to maintain the sidewalks. Mr. Hennen believes that a four way stop at Dakota Street and Shakopee Avenue should be studied since its near Pearson Elementary school. Mr. Hennen also asked about the estimated time length of the project. Mr. Loney explained the process of scheduling the project. He also said the stop sign issue will be referred to the Traffic Safety Committee. Heitzman/Clay moved to close the public hearing. Motion carried 4 -0. (with Councilor Lehman abstaining) Cncl. Punt questioned if the resolution should be tabled due to the several concerns over the 37 foot street width so there could be discussion with the residents. Discussion followed. Clay /Heitzman offered Resolution No. 6985, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for the 2010 Street Reconstruction, Project No. 2010 -1, and moved its adoption. Discussion followed. Cncl. Punt is concerned that the residents' concerns over the 37 foot street width were not addressed to their satisfaction. She doesn't feel that she has enough information to say that the problems were resolved to the residents' satisfaction. Official Proceedings of the February 16, 2010 Shakopee City Council Page -5- Mayor Schmitt explained that all of the roads that have been built are at 37 feet. He said that if this project has a different road width, the streets would not match those that have been constructed in previous projects. Cncl. Clay also said that if the road width is widened then the cost would be significantly more than what's been projected. Mr. Loney said that a majority of the residents agree that the project should move forward. He said the motion is to approve and order the project. The final plans of the project will be brought back to Council for final approval. Mayor Schmitt asked for a vote on the motion. Motion carried 4 -0. (with Councilor Lehman abstaining) Heitzman/Clay moved to direct staff to consider the sidewalk connection at Dakota Street and Fourth Avenue, the sidewalk in front of Pearson Elementary school and from Shakopee Avenue to Tenth Avenue, the snow emergency route, no parking on the west side of Dakota street near the multi- family housing, and recommending to the Traffic Safety Committee the four way stop sign at Dakota and Shakopee Avenue. Motion carried 4 -0. (with Councilor Lehman abstaining) Mayor Schmitt noted that the assessment hearing on the project will be held in the fall. Councilor Lehman returned to his chair. Mayor Schmitt asked to discuss items removed from the consent agenda. Cncl. Lehman asked for the 5.F.5, Bond Redemption, removal from the consent agenda because he would like to know what the bond issues were regarding and where the money came from to satisfy the bonds. Since the Finance Director, Gregg Voxland, was not at the meeting Mr. McNeill said he would try to answer the questions for Cncl. Lehman. Mr. McNeill said he did not know what the first two bond issues were regarding but believes they are all street reconstruction projects. Mr. McNeill explained the situation of the third bond by what Mr. Voxland had written in his memorandum to Council. Lehman/Clay moved to table calling the 2002A, 2002B, and 2003A bonds for early redemption to the next meeting. Motion carried 5 -0. Ms. Punt asked for the removal of 5.F.6, City Voicemail Server Update because she wanted clarification of what was budgeted and what is now being spent on the updated server. Kris Wilson, Assistant City Administrator, explained the reasons for the additional costs for the voicemail server. Punt /Clay moved to authorize the appropriate city staff to purchase the voicemail system upgrade from Integra Telecom at an additional cost of $11,311.44 including tax. Motion carried 5 -0. Official Proceedings of the February 16, 2010 Shakopee City Council Page -6- Mayor Schmitt asked for liaison reports. Cncl. Clay said he attended the Shakopee Public Utility Commission meeting. The wind generator is not producing electricity because they are waiting for a chip to be installed. Cncl. Clay said several people applied for the general manager's position. Cncl. Clay also said that the utility crews have been shoveling out fire hydrants and they area asking citizens to assist them by cleaning snow away from the fire hydrants. Cncl. Lehman, Punt and Clay had nothing to report. Lehman/Heitzman moved to recess for an Economic Development Authority meeting. Motion carried 5 -0. Mayor Schmitt re- convened the meeting at 8:38 p.m. Michael Leek, Community Development Director, presented Council with the Text Amendment for Seasonal Sales. Mr. Leek said current regulations only stipulate that seasonal sales uses shall receive prior review and written approval from the Zoning Administrator. The current language in the City Code does not provide any criteria or regulations to measure the request against. The proposed language includes a list of conditions that must be met as a part of the application. Clay /Punt offered Ordinance No. 830, Fourth Series, An Ordinance Amending Chapter 11 (zoning) Regarding Seasonal Sales in the Highway Business (B1) Zone, and moved its adoption. Motion carried 5 -0. Mr. Leek presented Council with the Text Amendment for Projecting Signage. Mr. Leek said the text amendment regarding the provisions in City Code is addressing the regulations associated with projecting signage. Currently, projecting signs are allowed in the Central Business (B -3) Zone, the proposed language allows additional flexibility in design and materials. The Planning Commission reviewed and directed staff to add a condition that would limit the number of projecting signs to one sign per business. Punt /Clay offered Ordinance No. 829, Fourth Series, An Ordinance Amending Chapter 11 (zoning) Regarding Projecting Signs, and moved its adoption. Motion carried 5 -0. Mr. McNeill presented Council with the Out -of -State Travel — Fire Conference. Mr. McNeill said the City has restricted out of state travel by employees for training or conferences unless the costs of the conferences are paid substantially by other means. Mr. McNeill said the Fire Chief, Rick Coleman, has asked permission to attend a Fire Conference in Indiana as well as the Assistant Fire Chief, Dave Judd. Mr. McNeill said the City will not be responsible for travel costs to the conference. The City will pay for registration, meals and lodging for three days at a cost of approximately $1,200.00. Mr. McNeill said the funding would come out of the Fire Department's training budget. Discussion followed. Official Proceedings of the _ :,bruary 16, 2010 Shakopee City Council Page -7- Punt /Lehman moved to authorize Fire Chief Rick Coleman and Assistant Chief Dave Judd to attend the Fire Department International Conference to be held in Indianapolis, Indiana on April 19 -24, 2010 for 2 -1/2 days to include the cost for travel to and from the conference, registration, meals, and lodging. Motion carried 5 -0. Heitzman/Clay moved to adjourn to Tuesday, February 23, 2010 at 7:OOp.m. at the Scott County Board Room. Motion carried 5 -0. The Council meeting ended at 9:04 p.m. on Tuesday, February 16, 2010. i Judith S. Cox lity Clerk Kim Weckman Recording Secretary