HomeMy WebLinkAbout10/05/2010 TENTATIVE AGENDA
CITY OF SHAKOPEE
REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 5, 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.
Agenda items are tied to the following long -term goals that support the City's strategic vision as noted after each
agenda item:
A. Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles.
B. Positively manage the challenges and opportunities presented by growth, development and change.
C. Maintain the City's strong financial health.
D. Maintain, improve and create strong partnerships with other public and private sector entities.
E. Deliver effective and efficient public services by a staff of well- trained, caring, and professional employees.
F. Housekeeping item
Mayor John Schmitt presiding
1] Roll Call at 7:00 p.m.
2] Pledge of Allegiance
3] Approval of Agenda
4] Mayors Report
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
B] Public Works and Engineering
1. Declare the Cost to be Assessed and Set Public Hearing for 2010 Street Reconstruction,
Project No. 2010 -1— Resolution No. 7048 (E)
2. Order Preliminary Report for 2 Avenue and Shumway Street Sewer and Water
Improvements - Res. No. 7049 (E)
3. Declare Surplus Equipment for Public Works (C)
4. Approve Fuller Street LED Lighting from T.H. 169 to 10 Avenue (E)
5. Certify Delinquent Bills — Resolution No. 7050 (E)
TENTATIVE AGENDA
October 5, 2010
Page 2
5] Consent Business continued:
C] Parks, Recreation, and Natural Resources
D] Police and Fire
1. Surplus Property — Miscellaneous Items held by the Police Department (C &F)
2. Surplus Property — Vehicles (C)
3. Purchase of Document Scanners and Software (F)
E] Personnel
1. Resolutions of Appreciation for Retiring Firefighters: Daniel Leadstrom, Lion Baden,
and Alan Geis — Resolution Numbers 7043, 7044 and 7045 (F)
2. Resignation of Firefighter Paul Laxen (F)
F] General Administration
1. Approve Bills in the Amount of $449,126.22 (C)
2. Approve Minutes of September 7, 2010 (F)
3. Auditor's Proposal for 2010 Audit (F)
4. Appointment of Election Judges for General Election — Res. No. 7047 (F)
5. On Sale and Sunday On Sale Intoxicating Liquor Licenses — Apple Minnesota
LLC, 1568 Vierling Drive East (F)
6. Off Sale Liquor License and Tobacco License — Chea Kong Inc. dba/ Southside
Liquor, 1667 17 Avenue East (F)
7. Parking Restrictions Adjacent to Central School (A &D)
8. Proposed Special Workshop Date (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: None
11] Re- convene
12] Recommendations from Boards and Commissions: None
TENTATIVE AGENDA
October 5, 2010
Page 3
13] General Business:
A] Community Development
1. Review of Conditional Use Permit and Mineral Extraction and Land Rehabilitation
Permit for Shakopee Gravel (B)
2. Comment on Metropolitan Council Update of Transportation Policy Plan (TPP) (B &D)
B] Public Works and Engineering
C] Parks, Recreation and Natural Resources
D] Police and Fire
E] Personnel
F] General Administration
14] Council Concerns
15] Other Business - EXCutkVz. SESS<C,o
16] Adjourn to Monday, October 11, 2010 at 7:00 p.m.
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 5, 2010
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Matt
Lehman, Pamela Punt, and Pat Heitzman present. Also present was Mark McNeill, City
Administrator; Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Judith
S. Cox, City Clerk; Bruce Loney, City Engineer /Public Works Director; and R. Michael Leek,
Community Development Director.
The Pledge of Allegiance was recited.
Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill asked
to add 15, Closed Session — Status of Labor Negotiation; also, on the Consent Agenda, table
5.D.3, Purchase of Document Scanners and Software.
Clay /Heitzman moved to approve the agenda as amended. Motion carried 5 -0.
Mayor Schmitt had nothing to report in the Mayor's Report.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda.
Mr. McNeill had no additions or deletions. Cncl. Heitzman asked to remove 5.B.2., Order
Preliminary Report for 2 Avenue and Shumway Street Sewer and Water Improvements — Res.
No. 7049.
Lehman/Heitzman moved to approve the Consent Agenda as amended. Mr. McNeill read the
consent agenda. Motion carried 5 -0.
Lehman/Heitzman offered Resolution No. 7048, A Resolution Declaring the Costs to be
Assessed and Ordering the Preparation of Proposed Assessments for the 2010 Street
Reconstruction, Project No. 2010 -1, and moved its adoption. (Motion carried under the Consent
Agenda)
Lehman/Heitzman moved to declare the following as surplus property.
Item Details Model Serial # Manual
1994 Toro Turf 5400HL 40112 Yes
Sweeper
1978 Jacobsen 720E 720E 720E Yes
Sweeper
Leaf Vac - Ronsomes Kohler Magnum 14 gas M145 2023900503
TGT Loader 14 engine
Brant Heater Series -A 29R Input 100 -341 20316
100,000 BTU /Output
80,000 BTU Type of gas:
Natural
Rezonr Heater Normal Output 300,000 FE300 AZL66M6N95121X
Dec 2000 BTU Output 240,000
BTU Minimum Output
150,000 BTU Type of
Gase: Natural
Lennox Elite Series G24M3/4- 100a -11 6399A 02323
Official Proceedings of the October 5, 2010
Shakopee City Council Page -2-
Nipco Heater Master Brand B1500 B 150D
Homelite Generator w/22.9 amps /120V Briggs 170432 174A27 -1
motor
Air Compressor w /6.5hp Kohler motor K141T 9232096 201144
Curtis Tank
Air Compressor w /5.0 Dayton electric 3NZ21
motor, Nicole Mfg air
compressor
Orange Air Not on the books anymore ? ?
Compressor
Toro 2 -cycle GTS 16585 8003858
Walkbehind Mower
Toro 2 -cycle GTS 16785 8004069
Self- propelled 21"
Mower
Miller 250 AC /DC
Dialarc Welder
1PM of -0018 Free -Run Shakopee #0823
Starter Tester
Hydra -Cell Pump 49458
Rotary Blade Grinder
Tranny /Clutch Tools
Black Hawk Hydraulic 40 -800 494111
Jack pkup box crane
Branick Universal SSC -514X
Pneumatic
MacPherson Spring
Compressor
Fire Hose End Elkhart Brass Mfg Co.
Repairer
Simions Sickle GE electric motor 'A hp IE152
Grinder w /stand
Drill Press w/bits
Sioux valve face
grinding machine
Sioux valve seat
' grinder
Oil Tank/Hydraulic
Tank
Stainless Steel Sink S-
tub
18' Glencoe Field M3- FC105 -336A 106234 Yes
Cultivator
12' International Disc 350 35041111 No
350
New Holland Manure 328 276156 Yes
Spreader
Vicon Pendulum Can't get parts anymore ? 7525101457 Yes
Spreader
Army. Trailer Brian Theis is interested
in
(Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize staff to install thirteen (13) LED Street lights, from T.H.
169 to 10 Avenue and with three (3) street lights to be break away poles, with funding from the
Capital Improvement Fund. (Motion carried under the Consent Agenda)
Official Proceedings of the October 5, 2010
Shakopee City Council Page -3-
Lehman/Heitzman offered Resolution No. 7050, A Resolution Certifying Delinquent Storm
Drainage; False Alarms; Engineering Fees; and Pawn Shop Transaction Fees for Collection on
the Tax Rolls Payable 2011, and moved its adoption. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to declare items held by the Police Department as surplus property, as
identified in the October 5, 2010 memo from Angela Trutnau, Sergeant. (CC Document No.
483) (Motion carried under the Consent Agenda)
Lehman/Heitzman motion to declare the 1997 Chevrolet Tahoe, VIN: 1GNEK13RXVJ433334
and the 2002 Toyota Camry, VIN: 4T1BF30K82U514695 as surplus property. (Motion carried
under the Consent Agenda)
Lehman/Heitzman moved to table the purchase of four scanners, and related software and
licenses using DWI forfeiture funds. (Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7043, a Resolution of Appreciation for Lion D.
Baden, Resolution No. 7044, a Resolution of Appreciation for Alan R. Geis, and Resolution No.
7045, a Resolution of Appreciation for Daniel L. Leadstrom, and moved their adoption. (Motion
carried under the Consent Agenda)
Lehman/Heitzman moved to accept, with regret, the resignation of Paul Laxen from his position
as paid -on -call firefighter with the Shakopee Fire Department. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve the bills in the amount of $490,978.58 and electronic
transfers in the amount of $8,147.74 for a total of $499,126.32. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve the minutes of September 7, 2010. (Motion carried under
the Consent Agenda)
Lehman/Heitzman moved to retain Kern, DeWenter and Viere as auditors for fiscal year 2010 at
the proposed amount of $38,500 plus $3,000 if a single audit for federal funds is needed.
(Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7047, A Resolution Appointing Judges of Election
and Establishing Compensation, and moved its adoption. (Motion carried under the Consent
Agenda)
Lehman/Heitzman moved to approve the application and grant an on sale and Sunday on sale
intoxicating liquor license to Apple Minnesota LLC, 1568 Vierling Drive East, conditioned upon
compliance with all licensing requirements and the surrender of the current liquor licenses issued
to Applebee's Restaurants North LLC. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to approve the applications and grant an off sale liquor license and
tobacco license to Chea Kong Inc. dba Southside Liquors, 1667 17 Avenue East, conditioned
upon compliance with all licensing requirements and the surrender of the current liquor and
Official Proceedings of the October 5, 2010
Shakopee City Council Page -4-
tobacco licenses issued to Hoang's South Side Liquors, Inc. (Motion carried under the Consent
Agenda)
Lehman/Heitzman moved that staff be directed to designate 10- minute parking restrictions
during school hours in the five eastern -most diagonal parking spaces on the northside of 6th
Avenue, adjacent to Central School. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved that a workshop meeting be called for 7:00 p.m. Monday, October
11 in City Council Chambers. (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. Heitzman asked to remove item 5.B.2., Ordering Preliminary Engineering Report for 2nd
Avenue and Shumway Street Sewer and Water Improvements.
Mr. Heitzman said that he was approached by the son of the owner of property at 211 Shumway
Street. He said he was confused on the process between the City and County regarding the sewer
and water improvements. Mr. Heitzman said they went to Scott County and got the requirements
for putting the new septic tank in and began work but the work was shut down by the City
because a study was being done. Mr. Heitzman asked that Mr. Loney clarify the process.
Mr. Loney said that with the replacement of a septic system there has to be an application to the
County. The County does the review and approval. The County had a requirement that the City
Engineer needs to sign off saying that there's no sewer and water available to the site in order for
the County to process the application. Mr. Loney said he did not sign off on the request. The
County did not accept the application. Mr. Loney said the item is now in front of the City
Council to approve ordering a preliminary report to see if sewer and water is feasible to be
brought to the site.
Heitzman/Clay offered Resolution No. 7049, A Resolution Ordering a Preliminary Engineering
Report for 2" d Avenue and Shumway Street Extension of Sanitary Sewer and Water
Improvements, and moved its adoption; and, also, authorized staff to obtain a benefit analysis on
properties to be assessed. Motion carried 5 -0.
Mayor Schmitt asked for Council liaison reports. Cncl. Clay attended the Shakopee Public
Utility Commission meeting. Discussed were foreclosed homes and water shut offs, service lines
to the High School's new environmental center, an agreement with NSP regarding their
transmission line to supply power to the Pike Lake substation, and approval of the Fuller Street
lighting project. Cncl. Lehman and Cncl. Punt had no reports. Cncl. Heitzman said he attended
the school board meeting, the Downtown Partnership, and the First Ave. Corridor meeting.
Michael Leek, Community Development Director, presented Council with the Review of the
Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for Shakopee
Gravel.
Official Proceedings of the October 5, 2010
Shakopee City Council Page -5-
Mr. Leek said that Shakopee Gravel, Inc. has submitted an application for annual review for their
operation located at 1650 County State Aid Highway 83.
Shakopee Gravel, Inc. received approval of an amendment to the Conditional Use Permit and a
Mineral Extraction and Land Rehabilitation Permit Renewal on November 21, 2006 and recently
received a positive review of their operation by the Board of Adjustment and Appeals (BOAA)
on September 9, 2010. The Board of Adjustment and Appeals, recommended that the Council
accept the review of the permit as conditioned in approved Resolution No. 6533, with an
additional condition that Shakopee Gravel, Inc. conduct maintenance of the public right -of -way
along all adjacent streets to their property.
Mr. Leek said that Shakopee Gravel asked that the annual review be changed to every other year.
The BOAA recommended to keep the annual review.
Discussion ensued regarding the end date identified in the Conditional Use Permit (CUP). Mr.
Leek said that it is expected that material will last past the 2013 end date. Mr. Thomson, City
Attorney, said that when the day comes and mining continues, a judge will need to determine
whether or not the city has the authority to impose an end date.
Attorney Jack Perry of Briggs Morgan Law Firm representing Shakopee Gravel Co. addressed
the Council. Mr. Perry said that Shakopee Gravel's intent is to exploit materials as soon as
possible which may extend past the January 2013 deadline as originally thought.
Beverly Koehnen, 2036 Canterbury Road, presented Council with several issues. Ms. Koehnen
has concerns with the amount of dust that is generated from the Shakopee Gravel operation, the
quality of the groundwater in the area of the city due to the activities of the gravel operation and
that the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit should
still expire on January 17, 2013 as originally conditioned and as confirmed in the past by John
Shardlow, applicant representative for Shakopee Gravel., Inc. She also expressed concern about
the fill that is being brought in.
Joel Spear representative of Shakopee Gravel stated that each load is checked and that they have
provided the City with the records of all loads that are brought into the Gravel operation. Mayor
Schmitt noted that the owner needs to be aware of the risk for contamination.
Clay /Lehman moved to accept the review of the permit as conditioned in approved Resolution
No. 6533, subject to an additional condition that Shakopee Gravel, Inc. conduct maintenance of
the public right -of -way along all adjacent streets to their property and to continue the annual
review of the CUP. Discussion followed.
Cncl. Lehman said he wanted to address Ms. Koehnen's issues. He said that Shakopee Public
Utilities has been following up on monitoring their wells which is currently done on a quarterly
basis. The dust issue could be resolved by the Shakopee Gravel Co. spraying water to minimize
the dust. The soil contamination issue is their concern because they are liable for any radio
active waste.
Mayor Schmitt asked for a vote on the motion. Motion carried 5 -0.
Official Proceedings of the October 5, 2010
Shakopee City Council Page -6-
Mr. Leek presented Council with a letter that has been drafted regarding the Metropolitan
Council Update of Transportation Policy Plan (TPP).
Mr. Leek said that the Metropolitan Council issued a proposed update to the regional TPP.
Public comment will be taken on the TPP until October 7, 2010. Because the TPP is the
document which determines what transportation and projects can compete for funding, staff
believes that it is important that the City of Shakopee comment on the draft and request that it be
modified significantly before it is adopted. The TPP in its current form ignores the need for
roadway and transit capacity investments that would serve not only the City of Shakopee but
residents and businesses on either side of the Minnesota River. The need for these capacity
investments is highlighted by the regional impacts of both the current flooding and Spring
flooding of the Minnesota River, which has closed a significant portion of the north -south
transportation network from U.S. 169 to Scott CR 25 in Belle Plaine.
Mr. Leek drafted a letter to be signed by Mayor Schmitt citing all of the concerns stated above
and asking that the TPP update not be adopted at this time until there is more significant dialogue
about the approach and balance taken in the update.
Lehman/Punt moved to direct staff to submit the letter, commenting on the Metropolitan Council
update of the Transportation Policy Plan (TPP), drafted by Mr. Leek to the Metropolitan Council
by the October 7, 2010 deadline. Motion carried 5 -0.
Lehman/Heitzman moved to recess to a closed session, after a five minute recess, to discuss
labor negotiations, at 7:57 p.m. Motion carried 5 -0.
Mayor Schmitt re- convened the meeting at 8:27 p.m. No action was taken by the City Council
during the closed session.
Heitzman/Punt moved to adjourn to Monday, October 11, 2010, at 7:00 p.m. Motion carried 5 - 0.
Meeting , adjourned at 8:27 p.m.
L
Judith S. Cox
City Clerk
Kim Weckman
Recording Secretary