HomeMy WebLinkAbout03/16/2010 TENTATIVE AGENDA
CITY OF SHAKOPEE
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 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 play
in a community with a proud past, promising future, and small -town atmosphere within a metropolitan setting.
Acting Mayor Steve Clay 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.
C. Great place for kids to grow up.
3] Approval of Agenda 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] Community Development
1. Request for Home Improvement Loan under Residential Rehabilitation
Loan Program (B &D)
B] Public Works and Engineering
1. Re- purchase Agreement for the John Deere 6430 Tractor (D)
2. Re- purchase Agreement for the John Deere Gator (D)
3. Re- purchase Agreement for Two 2009 S -185 Bobcats (D)
4. Recycling Program Agreement with Scott County (D)
5. Parking Control Signage for Crossings Boulevard from Foothill Trail to Fescue Circle (D)
6. Purchase of All Terrain Vehicle with Grass Pak and Trailer (D)
C] Parks, Recreation, and Natural Resources
1. Movies In The Park at Huber Park — 2010 (A,B,C)
2. Donation of Property Adjacent to Huber Park (C)
D] Police and Fire
1. Surplus Property — Three Vehicles (E)
TENTATIVE AGENDA
March 16, 2010
Page 2
5] Consent Business continued
E] Personnel
1. Completion of Probationary Period — Police Records Technician Jennifer Boudreau (B)
2. Extension of Light Duty (F)
F] General Administration
1. Approve Bills in the Amount of $1,206,053.88 (F)
2. Approve Minutes of February 23 and March 2, 2010 (F)
3. Accept Donation from the Downtown Partnership — Resolution No. 6993 (B)
4. Public Works Workshop Date Change (F)
5. Purchase New Graphics System for Government Access Channel (D)
6. Resolution of Support for SCALE Application for Google's Fiber to the Horne Project,
Resolution No. 6994 (B)
7. Application for Wine and On Sale 3.2 Beer License — Snover BBQ LLC, dba Dickey's
Barbecue Pit, 8088 Old Carriage Court No. (F)
8. Tobacco Violation — Tobacco Express Inc. (F)
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: None
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
13] General Business
A] Public Works and Engineering
1. Presentation of CR 101/First Avenue Project and Design Alternatives (D)
2. Presentation of CH 17 and CH 42 Interchange Preliminary Design (D)
3. Closing of Valley View Road for the CR 83 Project (D)
4. Cost Participation of Railroad Crossing Improvements within the City of Shakopee (D)
TENTATIVE AGENDA
March 16, 2010
Page 3
13] General Business continued
B] Parks, Recreation and Natural Resources
C] Community Development
1. Request of Mr. Vik Uppal to be Relieved of Certificate of Occupancy Penalty (B)
D] Police and Fire
1. Spring Flooding Mitigation Efforts (D)
E] P ersonnel
F] General Administration
1. Dick's Sanitation Contract Renewal (D)
14] Council Concerns
15] Other Business
16] Recess for executive session to discuss labor negotiations
17] Re- convene
18] Adjourn
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 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; Judith S. Cox, City Clerk; Jim Thomson, City Attorney; R.
Michael Leek, Community Development Director; Bruce Loney, Public Works Director /City
Engineer; Jamie Polley, Parks, Recreation and Natural Resources Director; Gregg Voxland, 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 said he was
asked to delete at the request of the petitioner, 13.C.1, Request of Mr. Vik Uppal to be Relieved of
Certificate of Occupancy Penalty.
Clay /Punt moved to approve the amended agenda. Motion carried 5 -0.
In the Mayor's report Mayor Schmitt said he had nothing to report.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda.
Cncl. Lehman asked to removed 5.A.1, Request for Home Improvement Loan under Residential
Rehabilitation Loan Program, 5.C.1, Movies in the Park and 5.F.3 Accept Donation from the
Downtown Partnership — Resolution No. 6993.
Lehman/Heitzman moved to approve the Consent Agenda as amended. Mr. McNeill read the consent
agenda. Motion carried 5 -0.
Lehman/Heitzman moved to authorize staff to utilize the re- purchase agreement with Ag Power
Enterprises, Inc. for the 2009 John Deere 6430 Tractor for the price of $8,282.82 with the funds to be
expended from the Surface Water Fund. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to direct staff to utilize the re- purchase agreement with Ag Power, Inc. on
the John Deere Gator for the price of $1,597.50. The purchase price to be funded out of the Internal
Service Equipment Fund, and direct staff to invoice Shakopee Downtown Partnership $1,597.50 to
reimburse the fund. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize staff to utilize the re- purchase agreement with Lano Equipment,
Inc. on unit #154 and #174 2009 s -185 Bobcats for the price of $7,797.42 to be expended from the
Internal Service Equipment Fund. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize the appropriate officials to sign the "Recycling Program
Agreement" with Scott County for the April 24, 2010, City Waste Clean-Up Day. (Motion carried
under the Consent Agenda)
Official Proceedings of the March 16, 2010
Shakopee City Council Page -2-
Lehman /Heitzman moved to approve the no parking signs on Crossings Boulevard, from Foothill Trail
to Fescue Circle. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize the purchase of a 2010 Ranger 800 6x6 and Grass Pak from
Diggers Polaris & Marine, Inc. for the price of $24,403.36 and a trailer from Ace Trailer Sales for the
price of $1,550.00 with the funds to be expended from the Equipment Fund; and, moved to declare the
2001 Polaris Sportsman 6x6 as surplus equipment and direct the Fire Department to put the unit up for
sale. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to direct staff to have performed an environmental assessment on the
property. Assuming no negative environmental issues are found, direct the City Attorney to prepare the
appropriate documentation for the transfer of the property adjacent to Huber Park to the City; and have
that document brought back to Council for final action. Provide necessary donation documentation
requested by the donors. (Motion carried under the Consent Agenda) (Gary and Sharla Monnens
property east of Huber Park on the corner of Bluff Avenue and Market street)
Lehman/Heitzman moved to declare the 1995 Chevrolet Camaro, VIN: 2G1FP22S5S2192185; the
2000 Mitsubishi Galant, VIN: 4A3AA46G7YE135744 and the 2000 Dodge Dakota, VIN:
1B7GG26X3YS560721 as surplus property. (Motion carried under the Consent Agenda)
Lehman /Heitzman moved grant Jennifer Boudreau full -time regular status as a Police Records
Technician. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize continued light duty status for Officer Cortnie Anderson not to
exceed September 22, 2010. (Motion carried under the Consent Agenda)
Lehman /Heitzman moved to approve the bills in the amount of $850,341.36 and electronic transfers in
the amount of $355,712.52 for a total of $1,206,053.88. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to approve the minutes of February 23, 2010 and March 2, 2010. (Motion
carried under the Consent Agenda)
Lehman/Heitzman moved to set the revised date of the Public Works Workshop to Tuesday, April 27,
2010 at 7:00 p.m. The meeting will be held in the City Council Chambers. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve the purchase and installation of the Broadcast Pix system, with
related labor, materials and equipment, as outlined in the proposal submitted by Alpha Video, at a cost
not to exceed $40,000.00 (Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 6994, a Resolution Supporting the Application by SCALE
to Google's Request for Information for the "Fiber to the Home" project, and moved its adoption.
(Motion carried under the Consent Agenda)
Official Proceedings of the March 16, 2010
Shakopee City Council Page -3-
Lehman/Heitzman moved to approve the application and grant a wine license and an on sale 3.2
percent malt liquor license to Snover BBQ LLC dba Dickey's Barbecue Pit, 8088 Old Carriage
Court North, conditioned upon meeting all licensing requirements of the City Code. (Motion carried
under the Consent Agenda)
Lehman /Heitzman moved to acknowledge receipt of the "Waiver and Admission of Violation" from
Tobacco Express Inc., 1148 Vierling Drive East, for the sale of tobacco to a minor and impose a
penalty for the first violation in the amount of $500.00 and a one day license suspension, provided,
however, that the one day license suspension will be suspended for one year on the condition that both
the licensee and his employees have no further incidents of furnishing, selling or attempting to sell
tobacco products or tobacco related devises to a minor. (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.
Mayor Schmitt asked to discuss items removed from the consent agenda.
Cncl. Lehman asked to remove 5.A.1., Approval of Request for Home Improvement Loan under
Residential Rehabilitation Loan Program because at the last Economic Development (EDA) meeting
this topic was discussed and at that time the boundaries were limited to 3rd Avenue and the request is
for 906 Lewis St. which is outside the boundary area and would like more information on it.
Michael Leek, Community Development Director, said that he had done some research and found that
in 2001 there had been an amendment to the map. Mr. Leek said that staff at the Carver Community
Development Agency (CDA) was under the impression that the original agreement was closed out.
The only things that needed to be done for DEED was to file the annual report on the use of the funds
and that the existing funds be used for rehabilitation anywhere within the City as long as the criteria
are met for the loan program. Discussion ensued on establishing new boundaries for applications,
accepting applications for properties within the R1C zone, and limiting applications for houses that are
75 years or older and have been on the site for 75 years or longer.
Clay /Punt moved to approve the request for a Residential Rehabilitation Loan for 906 Lewis Street,
and directed staff to work with the Carver CDA to implement the loan. Motion carried 5 -0.
Lehman /Heitzman directed staff to take the existing residential rehabilitation loan program and make
the necessary recommended adjustments and bring it back to Council using the R1 C zone and the 75
year old houses and located on site for 75 years, and not ruling out other zones. Motion carried 5 -0.
Cncl. Lehman asked to remove 5.C.1., Movies In the Park at Huber Park — 2010 because of the
economic downturn he didn't feel this was a wise use of tax payer's money. Cncl. Lehman said he
would like to see a fee charged for people attending the movies or sell concessions to try and offset the
costs.
Jamie Polley, Parks, Recreation, and Natural Resources Director, said that it would be difficult to
charge a fee because the park is so open plus it would cost additional money to staff the entrances.
Ms. Polley said that Brad Eller, Recreation Supervisor, is working diligently to get sponsorships to
help offset the costs.
Official Proceedings of the March 16, 2010
Shakopee City Council Page -4-
Clay /Heitzman moved to authorize the extension of the Huber Park hours past 10:00 p.m. on the
following dates and the proposed times in order to facilitate four `Movie In The Park' community
events in 2010: Sat., June 5 closing time 11:40 p.m., Sat., June 26 closing time 11:49 p.m., Wed., Aug.
4 closing time 11:22 p.m., and Sat., Aug. 28 closing time 10:44 p.m.
Motion carried 4 -1 with Cncl. Lehman opposed.
Cncl. Lehman asked to remove 5.F.3., Acceptance of Donation - Downtown Partnership, because of the
economic downturn he didn't feel using City funds for caring for the flower pots throughout the
downtown was a wise use of the tax payer's money. He suggested the business owners care for the
plants themselves.
Clay /Heitzman offered Resolution No. 6993, Accepting a Donation of $1,326 from the Shakopee
Downtown Partnership for Flower Baskets, and moved its adoption. Motion carried 3 -2 with Cncl.
Lehman and Cncl. Punt opposed.
Mayor Schmitt asked for Council liaison reports. Cncl. Clay had nothing to report. Cncl. Lehman
attended Congressman Kline's Townhall meeting. Cncl. Punt attended the Scott County Transit
Review Board. Discussed was the Denny Hecker transit site. It's been put on hold with some different
funding options being looked at. Also discussed was the 69/169 interchange study. She also said there
was another request to Scott County staff to get a presentation on County Transit Improvement Board
(CTIB) which has member counties of which Scott County is not a member, to possibly look at joining
CTIB. She said that the 169/494 interchange was discussed. Cncl. Heitzman had no report.
Lehman /Punt moved to recess for an Economic Development Authority meeting. Motion carried 5 -0.
Mayor Schmitt re- convened the meeting at 7:30 p.m.
Chris Chromy of Bolton & Menk, Inc. gave a presentation on the C.R. 101 /First Avenue Project and
design alternatives.
Mr. Chromy outlined the problem statement as well as the goals and benchmarks of the project. He
then presented the alternatives.
Alternative #1 includes 5 lane undivided roadway with removal of up to 25 private driveways, mid-
term installation of median, relocation of the traffic signal at 1 Avenue to Spencer Street. Alternative
#2 includes a 4 -lane divided roadway with removal of 9 private driveways, median opening at Spencer,
Market and Naumkeag Streets and relocation of traffic signal on 1 Avenue to Spencer Street.
Mr. Chromy discussed the short and long term benefits and disadvantages to both alternatives. He said
the median alternative has a higher probability of maintaining acceptable motorist delay during peak
hours, maintaining acceptable crash rates and lowering exposure of pedestrian to vehicular traffic over
the 5 -lane alternative.
Official Proceedings of the March 16, 2010
Shakopee City Council Page -5-
Mr. Chromy asked that Council consider the facts and affected stakeholders with the median
alternative. If the 5 -lane alternative is chosen it is only a matter of a few years that the median would
need to be installed due to high traffic volumes. He said the next step is to gather Council input,
County Board Update, begin meeting with property owners in the corridor, and construction to begin
in 2011.
Cncl. Heitzman had concerns regarding closed accesses to business on First Avenue. He was also
concerned the right -turn only accessing First Avenue via Sommerville Street.
Cncl. Punt had questions regarding the funding for the median between the two alternatives. Mr.
Chromy said that alternative #2 would be eligible for state turn-back dollars to pay for the median.
Alternative #1 would not be eligible for the state turn -back dollars when the median was installed in
the future. The cost for the median at a future date would be a local cost.
Cncl. Lehman had concerns regarding traveler's capabilities to make u -turns with alternative #2. Mr.
Chromy stated the importance of Bluff Avenue improvement to accommodate traffic to circulate
around the block. Cncl. Lehman also had concerns about funding street improvements on Bluff
Avenue and Second Avenue to accommodate the 1 Avenue improvements. He also has concerns
about the traffic flow and lack of ability to access certain business on the opposite side in which they
are traveling.
Cncl. Clay didn't have any comment because he would like to study the information first.
Mayor Schmitt also said he would like to study the information first before commenting. He suggested
meeting at a later date for a workshop meeting to discuss the questions that the Council has after
reviewing and studying the alternatives.
Mitch Rasumussen, Scott County Engineer, said that the business accesses are certainly critical for this
project but that a vast majority of the traffic traveling through the corridor is not accessing businesses
as per the modeling and traffic counts done for this study. He said that no matter what alternative is
chosen there is going to be pain at some location at some point.
Mayor Schmitt thanked Mr. Chromy for the good presentation and noted that the Council now has
something to work with.
Lehman/Clay moved to recess for a five minute break. Motion carried 5 -0.
Mayor Schmitt re- convened the meeting at 9:00 p.m.
Mitch Rasmussen, Scott County Engineer, gave a presentation of C.H. 17 & C.R. 42 Interchange
Preliminary Design.
Mr. Rasmussen highlighted the traffic movements for each direction at the intersection of C.H. 17 and
C.R. 42.
Official Proceedings of the March 16, 2010
Shakopee City Council Page -6-
Mr. Rasmussen said the County is seeking additional funding for an interchange alternative and has
secured approximately $1.3 million of American Recovery and Reimbursement Act (ARRA) funds
through a partnership with the Shakopee Mdewakanton Sioux Community and $1.8 million dollars of
funds through Highway Improvement Safety Program. Construction is to begin in 2011.
Council members had minimal questions regarding the design.
Bruce Loney, Public Works Director /City Engineer, presented Council with the closing of Valley
View Road for the C.R. 83 Project.
Mr. Loney said that staff has received a request from Scott County to consider a temporary closing
Valley View Road from C.R. 83 for a period of time to facilitate construction and to improve safety of
the public during hauling operations.
Lehman/Clay moved to approve the closure of Valley View Road from C.R. 83 for a period of no more
than 60 days, subject to the City Engineer approving the traffic control plan for the detour of traffic.
Motion carried 5 -0.
Mr. Loney presented Council with the Cost Participation of Railroad Crossing Improvements within
the City of Shakopee.
Mr. Loney stated that at a previous meeting a representative of Union Pacific Railroad was not able to
be present to discuss questions Council had regarding the cost participation of the railroad crossing
improvements.
Rich Ellison of Union Pacific Railroad was present to answer questions Council had regarding the
improvements. Cncl. Lehman had questions regarding the quality of the wood planking used by the
railroad. Mr. Ellison said the wood is the same technology just bigger planks. Cncl. Lehman asked the
life expectancy of the concrete pad over the wood plank. Mr. Ellison said he has only seen one pad fail
in over 28 years. He also said that if there were issues with the concrete pad, the railroad would be
responsible for the replacement. Mr. Ellison also said that upgrading the rail will mean increased
trains through the City.
Lehman/Heitzman moved to direct staff to participate in the railroad crossing improvement project for
11 crossings and to participate in the additional costs of concrete plank crossings for nine crossings
(the railroad paying for two) at an estimated cost not to exceed $126,000 with funding from the State
Aid Fund and Capital Improvement Fund. Discussion followed.
Cncl. Clay asked Mr. Ellison the average number of current cars per train. Mr. Ellison said there are
approximately 50 -60 cars per train today. After the improvements the car increase will be
approximately 100 cars per train. He also said if the railroad was able to run at "time -table speed" (40
mph) the City would probably get crossing arms paid for by the rail company. Mr. Loney said that
City and Railroad Safety Committee may want to look at alternatives to the current 10 mph speed
through town because of the increased train cars that will be coming through town.
Mayor Schmitt asked for a vote on the motion.
Motion carried 5 -0.
Official Proceedings of the March 16, 2010
Shakopee City Council Page -7-
Mark McNeill, City Administrator, presented Council with the Dick's Sanitation Contract Renewal.
Mr. McNeill said that Council is asked to approve a three year extension of the term of the contract
with Dick's Sanitation, Inc., for garbage and recycling service.
Punt /Clay moved to authorize an extension of the contract with Dick's Sanitation Services, Inc., dba
Lakeville Sanitary Services Inc., to May 31, 2014, for the provision of garbage and recycling services
to the City's designated contract service area. Discussion followed.
Cncl. Lehman feels that the contract should go out for bids but also said that Dick's Sanitation has
provided good service to the City.
Mayor Schmitt asked for a vote on the motion.
Motion carried 4 -1 with Cncl. Lehman opposed.
Jeff Tate, Police Chief, presented Council with Spring Flooding Mitigation Efforts.
Chief Tate said that the Police Department is requesting Council direction to determine what level of
support the City should provide to public and private interests likely to be impacted by projected
moderate flood levels.
Clay /Lehman moved to authorize appropriate city officials to purchase and use City materials,
equipment and staff as needed with written consent to assist spring flooding mitigation efforts in
Shakopee. Motion carried 5 -0.
Punt/Heitzman moved to recess for an executive session to discuss labor negotiations at 10:00 p.m.
Motion carried 5 -0.
Mayor Schmitt re- convened the meeting at 10:11 p.m. and stated that there was no action taken during
the executive session.
Punt/Heitzman moved to adjourn to Tuesday, April 6, 2010 at 7:00 p.m. Motion carried 5 -0.
The Council meeting ended at 10:10 p.m. on Tuesday, March 16, 2010.
i; Cr/-
J dith S. Cox
ity Clerk
Kim Weckman
Recording Secretary