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HomeMy WebLinkAbout7. Approval of Minutes: January 4, 2005 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SfUU(OPEE,MITNNESOTA JANUARY 4, 2005 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Lehman, Menden, Helkamp and Joos present. Also Present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg V oxland, Finance Director; Jim Thomson, City Attorney; Mark Themig, Parks, Recreation and Facilities Director (7:28 p.m.) and Dan Hughes, Police Chief. The pledge of allegiance was recited. Helkamp/Joos moved to approve the Agenda as written. Motion carried 5-0. Helkamp/Menden moved to approve the Consent Agenda as written. Motion carried 5-0 Mayor Schmitt asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Helkamp/Menden moved to approve the meeting minutes for December 7, 2004. (Motion carried under the Consent Agenda). Cnc1. Helkamp abstained from voting on the December 7, 2004 meeting minutes because he. was absent from the meeting. It was noted that there was a correction on the table for the meeting minutes of December 7, 2004. . Helkamp/Mendenmoved to approve the bills in the amount of$511,083.45 plus $10,367.05 for refunds, returns and pass through for a total of$521,450.50. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Helkamp/Joos moved to recess at 7:08 for the purpose of conducting the Economic Development Authority meeting. Motion carried 5-0. Mayor Schmitt re-convened the City Council meeting at 7: 13 p.m. Helkanlp/Menden offered Resolution No. 6169, A Resolution Setting The Public Hearing Date To Consider The Vacation Of Easement For Property At 2460 Emerald Lane. (Motion carried under the Consent Agenda). Mr. Loney, Public Works Director/City Engineer, reported on the issuance of building permits for Valley Creek Crossings. Mr. Loney noted that this issue had been tabled at the December 21, 2004 City Council meeting because Dale Dahlke, developer for Associated Capital, had not been at that meeting. Mr. Loney noted Mr. Dahlke's request was to allow construction on gravel streets rather than on bituminous streets. Mr. Loney noted in June of2004 the City changed its policy to only allow construction on bituminous streets. Mr. Loney noted the developer did not get the street paved; he did get sub~tantial grading done, the concrete curb and gutter and Official Proceedings of January 4, 2005 Shakopee City Council Page -2- aggregate base put in as well as the small utilities were put in. Mr. Loney noted the request to start home construction on gravel streets had been granted before. The num.ber of permits had . been limited along with other requirements for building on non-bituminous streets. -"".:-' Dale Dahlke, Associated Capital, developer for Valley Creek Crossing, stated he thought the development would be further along by this time but some difficulties had been encountered. He noted in the area he was requesting building permits for the lots had been graded, the concrete curb and gutter were in and gas lines and other small utilities were in. He noted the road now consisted of eight inches of class five sub grade material with drain tile and granular material in certain areas. He stated Associated Capital chose not to put bituminous down because of the weather. He proposed that Associated Capital maintain the roadway. He stated Associated Capital would like to start approximately ten houses in January or February.so they would be ready in the Spring with the intention of putting the bituminous down in May. He noted no certificate of occupancy's would be issued by the City until the bituminous roadway was in. He noted the lot irons would be in before any construction began. He noted that he would bring in class five crushed red rock and put that over the curb where the builders would be going over the curb. He noted he was agreeable to the builders not working when the road was in the process of being paved and the models, if approved, would not be shown before the bituminous was put down. He noted the sub-base was thicker than normal and he had unique circumstances with this plat. He did not feel a precedent would be set because class five aggregate, the concrete curb and gutter and the utilities were in where he was requesting permits. Mr. Dahlke noted it took 90 to 120 days to construct one of his homes. encl. Lehman was concerned about the thaw in the Spring of the year. He felt a mess would happen and because one developer would be allowed to build homes on gravel most other developers would then request the same. Cncl. Joos noted class five was considered an impervious surface. Mr. Dahlke noted Associated Capital would be responsible for the snowplowing and any damage the snowplows did. He noted the road would not be open to the public; it was just for use by the builders and workers. If necessary he could put up signs stating "for construction traffic only". Mr. Dahlke noted that about five of the requested permits would be for model homes. Mr. Loney stated it was in a memo that the developers should be able to negotiate model homes in their developer's agreements on gravel streets. Mayor Schmitt asked if every condition was fulfilled for Valley Creek Crossing so the plat could be recorded? Ms. Cox, City Clerk, noted there was an issue left to be resolved; this issue regarded the agreement between Associated Capital and Shakopee Public Utilities regarding the booster station. This agreement was still being worked on. Mayor Schmitt noted the City was very strict about not issuing building permits before the final plat was recorded. Mayor Schmitt stated the City needed to take a consistent position. Mr. Dahlke noted it was Associated Capital's intent to record the plat before any building was done. Mayor Schmitt stated he would be agreeable to some models. Cncl. Joos stated he would like the Council to look at this issue on a case by case basis rather than have a blanket policy. He felt the season of the year played an important role in determining if something could b~ qOnstructed on a gravel surface. Mayor Schmitt stated he Official Proceedings of January 4, 2005 Shakopee City Council Page -3- thought the curb needed to be mounded on both sides for protection. It was noted Mr. Dalke's request on behalf of Associated Capital was different from other developers request's to construct homes on gravel streets because class five aggregate was on the roadway surface, concrete curb and gutter and the small utilities were done at this time. Mr. Loney noted the difference in the policy now from the past policy. The City now had the discretion to let a developer construct homes on a gravel surface if the City found the developer's request permissible and certain criteria were met. Helkamp/Joos moved to approve the issuance of five building permits for models only in Valley Creek Crossing with no construction activity during the bituminous surfacing, the road was to be open to construction traffic only, there were to be no occupancy permits issued until the bituminous was in place, all future permits by any developer were to be looked at on a case-by- case basis with utilities and curb and gutter already being in place. Mr. Dahlke stated he would work with his builders to determine which five model homes would be built. Mr. Loney noted there were adequate controls in place to protect the City if any building permits were permitted for this request. Motion carried 5-0. Mr. Loney reported on the preliminary design of the new Public Works building. He noted that Mr. Jeff Oertel, from Oertel Architects, had received approval to move ahead with several alternates in the bidding process. Cncl. Helkamp and Cncl. Joos contacted Mr. Loney with some concerns after the December 21,2004 meeting and Mr. Loney set up a meeting with Mr. Oertel, Mr. McNeill, City Administrator, Mr. Loney, Cncl. Helkamp and Cncl. Joos to address concerns regarding the cost of the project, energy costs, the size of the building maintenance area and the size of the parts room. Mr. Loney noted as a result of this meeting a new concept was in the Councilors packet. He noted the vehicle maintenance area had been reduced in size, which resulted in a savings.ofapproximately $130,000. Mr. Loney stated other areas in the building had been rearranged. He noted the number of services bays in the vehicle maintenance area actually increased by one. Mr. Loney noted that he thought the new revised plan was workable. Mr. Oertel, Oertel Architects, stated when the meeting took place several ways had been explored to find ways to reduce the area in the vehicle maintenance area. He noted the design had progressed quite far along. Mr. Oertel explained the revised plan. Mr. Oertel stated he did meet with the Public Works Department after the meeting and they felt the revised plan would work. They were concerned about the size of the parts room but it could be made to work to store parts and small tools. Mr. Oertel did give some projected costs of the utilities for the new building based on research he had done. Official Proceedings of January 4, 2005 Shakopee City Council Page -4- Cnc1. Joos noted the cost of the project had been a concern of his also. The bonding had been for $6 million and even before the last meeting the cost had increased to around $6,600,000. He -- ---- \Vantedto_~~e theprojectat.$6-millionor less. encl. Helkamp noted the ongoi~g utility cost ha~ . -~ - been a big concern of his also and this had been addressed in the revised plan with the reduction of the maintenance area. Also, he did not like the design of the mechanics area blocking a service bay; the new design allowed another drive-thru bay and the mechanics bay area no longer blocked the service bay. It was noted the City would be paying for all the fixed equipment elements but other equipment and parts would be moved to the new building. Cncl. Lehman noted he had information on above ground hoists for each Cncl. member to look at. Cncl. Lehman thought the below ground hoists would be just to expensive because of the amount of bedrock at the site. He noted he was a firm supporter of above ground hoists. He stated he would like to know what the added costs are for an in ground hoist system. Mr. Oertel stated that he thought the extra costs for an in-ground hoist would be about $50,000. Mr. Oertel proposed a base bid for the building without the hoists and then a couple bid alternates with the hoists. Helkamp/Lehman moved to approve and accept the redesign of the vehicle maintenance area, to proceed with the final design on this revised concept, to approve the expansion ofthe parts room by squaring up the machine shop, to remove the knock out for a future lift,.to continue bidding the hoists as an alternate as previously approved and to look at the mobile hoist system suggested by Councilor Lehman. Mayor Schmitt did not think it wise to contemplate a future lift for one of the service bays. Mr. Oertel agreed with Mayor Schmitt and stated that this future lift would be removed. Cncl. Lehman suggested a mobile lift. Mayor Schmitt was comfortable using a mobile lift. A mobile lift for all service bays was to be used as an alternate in the bidding process. Mr. Oertel stated because of the redirection, Oertel Architects figured they needed an extra week before they went out for bid. They were hoping to go out for bids in Mid-February and the bids were due back the second week in March. Mr. Oertel stated Oertel Architects were pretty close to being on schedule. He noted the fee was affected with all the redesigns but he figured this fee could be made up. Cncl. Lehman stated he would like to meet with Mr. Oertel concerning the hoist issue for the Public Works building. Mr. Oertel agreed to this meeting. Mayor Schmitt suggested there be two Councilors present to discuss the hoists. It was noted the Council should have had a liaison person to begin with when the building design for the New Public building initially began. Main motion carried 5-0. Cncl. Helkamp and encl. Lehman stated they would be glad to work with the architect and City staff regarding upcQming gesign i~~lles em the Public Works building and they would report back Official Proceedings of January 4, 2005 Shakopee City Council Page -5- to the City Council. It was decided to add this liaison position to the list with the other liaison positions for 2005. -- ~'_..-.."'.'...-..~ "'_.~ ",'~'~...::i,r''''''r,.,_~~' ~_...._...:,.." .~; ""=.,,-~- Helkamp/Menden moved to ratify the election of officers of the Shakopee Fire Department for the year 2005 as proposed in the memo from Terry Stang, Fire Chief. (C.C. Document No.369). (Motion carried under the Consent Agenda). Helkamp/Menden moved to authorize the purchase of a ZoDiac Boat and Motor from Great American Marine in the amount of $1 0,363. (Motion carried under the Consent Agenda). Helkamp/Menden moved to authorize the appropriate City officials to enter into a two-year contractual agreement with Shakopee Towing, Inc. for towing, impounding and storage of motor vehicles. (Motion carried under the Consent Agenda). Mr. Themig reported on the delay of the Aggregate Industries Quarry Acquisition. Mr. Themig noted that the Council at their last meeting appointed two Council members to represent the Council if any issues came up with the phase two environmental assessment. Mr. Themig noted on Tuesday December 28,2004 the preliminary results of the phase two environmental assessment were received by the City noting some concerns regarding diesel range organics (DRO) contamination from fuels; A conference call was held with Cncl. Menden and encl. Helkamp, Jim Thomson, City Attorney, and Bonestro, Rosene and Anderlik, who did the phase two environmental study. There was more information thru soil borings and surface water testillgs provided by Bonestroo, Rosene and Anderlik in this conference call. Mr. Themig noted where DRO's had been found to date (ground water and surface water) but more testing needed to be done (the full study was not done yet). It was noted that DRO's do not generate clean-up decisions but they do trigger the need to look for other kinds of contamination. Mr. Themig noted tests had been done for other contaminants on the site and all those testing results showed very, very low amounts of contamination. Mr. Themig stated they were waiting for the full report before a definite decision was made. He noted the deal from Aggregate Industries was still on the table. The December 31, 2004 deadline had been an accounting deadline. Aggregate Industries wanted to get the deal done. Cncl. Helkamp noted he and Cncl. Menden did not feel comfortable moving forward on this quarry purchase for parkland until they knew more about the DRO's and where the DRO's were coming from. encl. Helkamp stated it was disappointing to have to delay this purchase but the good of the City needed to be kept in mind. Cncl. Menden agreed with this statement. encl. . Menden stated he thought the level of the DRO's were high enough that the City needed to back away at this time. The City needed a better understanding of what was on the site. City Attorney, Jim Thomson, stated caution was the way to approach this land purchase now that the City knew about the DRO's. The Council agreed with Cncl. Helkamp's and Cncl. Joos' decision. Official Proceedings of January 4, 2005 Shakopee City Council Page -6- Mayor Schmitt noted it would be critical to take soil borings on the southeast side where the two large diesel fuel tanks are located for the Excel power plant to make ce.rtain that there is no fuel migra!ing !l:~ross.the limerock. Mr.Jb.~l,l1Jg_nQted th~l:~"w~nts~yeralpotential sources for the DRO's (this was an old industrial site). ,. Mr. Themig noted the City would continue to look into the DRO's, they would contact Aggregate Industries and see if they were interested in participating in the cost for further study and would then bring that information back to the Council. Mr. Leek noted Aggregate Industries had some ground water modeling from Barr and Associates and perhaps this modeling could shed some light on the DRO's. Mr. Themig noted the Waterski Association also had done some water testing and that information from them could be helpful also. Helkamp/Menden moved to ratify the 2005 pay plan for Public Works as attached to the memo from Mark McNeill, City Administrator, dated December 29, 2004 (C.C. Docum.ent No. 370). (Motion carried under the Consent Agenda). Helkamp/Menden offered Resolution No. 6168, A Resolution Of Appreciation To Gerald M. Poole, and moved its adoption. (Motion carried under the Consent Agenda). Helkanlp/Menden moved to remove the application of Ganle Cash Inc. from the table. .(Motioll carried under the Consent Agenda). Helkamp/Menden offered Resolution No. 6164, A Resolution Of The City Of Shako pee, Mhmesota, Approving The Application Of Gmne.Cash, Inc. For A Currency Exchange License, and moved its adoption. (Motion carried under the Consent Agenda). Helkamp/Menden moved to designate the Shakopee Valley News as the officialllewspaper for the City of Shakopee for the year 2005. (Motion carried under the Consent Agenda). Mayor Schmitt reported on some proposed changes for Council meeting procedures. Mayor Schmitt wanted to make one minor change to the current Council meeting procedures. This change pertained to liaison reports. Mayor Schmitt was trying to cut down on the amOlmt of time spent on liaison reports. Cncl. Lehman was uncomfortable with this revision to the Council meeting procedures. Cncl. Lehman felt the shortened liaison reports at the Council meeting would be a disservice to the residents of Shakopee. There was discussion on this proposed change. There was also discussion on the Council knowing what action the Platming Commission had taken on issues in a timely fashion. Official Proceedings of January 4, 2005 Shakopee City Council Page -7- Mayor Schmitt noted the intent of the request was to have the liaison reports consist of something that would impact the Council and the residents. Some of the liaison information .~could be hxought, up under ':other business". . -- -~ ~~".:---; ',"- ---.. Helkamp/Menden moved to endorse the policies listed in the memo from John Schmitt, Mayor, dated December 30, 2004 with changes (underlined). Cnc1. Helkamp noted No. 11 was also a change and Cncl. Helkamp added every Council member should make an effort to stay on topic. Motion carried 5-0. (CC Docum.ent No. 371) Mayor Schmitt addressed the liaison appointments. Mayor Schmitt had some adjustments to make on the liaison appointments. These adjustments were: 1) item 14 Board of Review - Cncl. Lehman and encl. Joos agreed to this liaison position; 2) new Public Works building - Cncl. Helkamp and Cncl. Lehman agreed to be a liaison for this Public Works building project and 3) items under Ad Hoc Committee representatives - U.S. 169 corridor committee and trunk highway 41 crossing committee in which Cncl. Lehman would act as liaison and the technical advisory committee - would have Mr. Leek and Mr. Loney from the City of Shakopee; and 4) item 8 Suburban Rate Authority - alternate would be the Assistant City Administrator. It was noted that the Environmental Advisory Board and the EAC were the same. Helkamp/Lehman moved to affirm the appointments to the liaison positions as recommended in the memo from John Schmitt, Mayor, dated January4, 2005, and as discussed. Motion carried 5- O. (CC Document No. 372) Mayor Schmitt noted the highway 41 crossing committee had been put on hold, at least until there was legislative action, because of funding issues by the State. Mr. McNeill reported on a date for the review and update of the 2004 goals and objectives. Mr. McNeill suggested 5:00 p.m. Tuesday, January 25,2005 with a working supper. He noted the Council could decide the location. Cncl. Helkamp suggested the Police Training room because of the kitchen. Helkamp/Lehman moved to establish the goals and objectives workshop for Tuesday January 25, 2005 at 5:00 p.m. to be held in the Police Station training room. Motion carried 5-0. Mr. McNeill reported on the discussion of the watershed management organization rules proposed by Scott County. He noted the City of Shakopee had some real concerns about these rules. After further research, he foUnd out several cities in Scott County had concerns regarding these rules. He noted it was a council member from New Prague that asked that this item be discussed at the SCALE meeting (Scott COWlty Alliance for Efficiency and Leadership). Mr. McNeill noted Shakopee's City Council wondered if SCALE was the appropriate forum to discuss this issue. Mr. McNeill provided the Council some background information regarding the role of SCALE. There still was the question whether WMO rules should be discussed by Official Proceedings of January 4, 2005 Shakopee City Council Page -8- SCALE; however, there was no other forum at this time for all affected parties to be heard. Mr. McNeill noted there were a few things SCALE had done that impacted cities financially and . these were brought back to pertinent coun<;ils -fg.r their approval because of the partieipati'On in .. the cost. Cncl. Lehman had some problems with SCALE discussing the WMO rules. He disagreed with SCALE having that discussion. Cncl. Helkamp noted SCALE was not set up to make decisions on behalf of cities. It was a forum to express what was going on in the different cities to see if there was some common ground for working together. Cncl. Lelunan noted the comments this Council had given the City of Shakopee staff needed to be given to the staff at Scott County. Cncl. Lehman felt tlns was a Scott County Board issue. Mayor Schmitt noted all the cities in Scott County basically had problems with the WMO rules. SCALE had all the cities represented, perhaps, this was the forum to let the County know of the problems the cities had Witll the WMO rules. Basically every one had the same problem. SCALE gave the cities an opportunity to work with the County on a group basis. Mr. Leek, Community Development Director, addressed this issue also. Mr. Leek thought there was a strategic advantage to have this discussion with SCALE when everyone was represented at the same meeting at the same time. Mr. Loney noted a meeting would be held January 25, 2005 with the Scott County WMO Commission. It was felt by Scott County tllat this was the appropriate forum for cities to attend and discuss the WMO rules with their staff. Cncl. Joos noted the City of Shako pee needed to make sure that their representatives, Mr. Hennen and Ms. Marshall understood the Council's position on the WMO. Mayor Schmitt thought SCALE was the place to discuss the WMO because the legislators (2 senators and 8 representatives) were there. Helkamp/Menden offered Resolution No. 6170, A Resolution Amending The Vehicle Acquisition, Use And Replacement Policy Adopted By Resolution No. 4582, and moved its adoption. (Motion carried under the Consent Agenda). Cncl. Lehman asked for clarification on Huber Park because he was confused after the last Council meeting in December 2004. It was his understanding that nothing could be done with the park tmtil the river was stabilized and this confused him because in his opinion the park could still flood even with the river stabilized. Cncl Helkamp noted it was his understanding that the Council wanted the river stabilized so all the money spent on the park did not wash down the river. It had nothing to do with flooding but everything to do with protecting the assets of the City. Cncl. Lehman did not think stabilizing the river would stop the river from flooding and destroying the pa* accommodations. Mr. Loney stated there probably was some loss of the riverbank even this sum.mer even though this summer was fairly dry. Cncl. Joos stated this riverbank stabilization would protect the City's assets from washing away because of the riverbank erosion. C~19L Lehman stated he thought the project was too expensive to begin with; Official Proceedings of January 4, 2005 Shakopee City Council Page -9- he wanted to see it scaled back and kept within reason. It made no sense to him to do nothing in the park until the stabilization was done because the riverbank stabilization really had no impact ~~~!1-the.park itself., CncL.~ndetlfeltthe,soilbankerosionneededto be addressed first. Mayor .;;.-=- Schmitt also agreed that the riverbank stabilization needed to be addressed first. He wanted the City to proceed cautiously. Mr. Leek noted there were some assets now that were being affected by the riverbank erosion. Mr. Leek noted this issue may not have to be re-Iooked at now, the opportunity was there to do that when more information was brought back before the Council. Mr. Themig approached the podium and stated he needed direction as to what the Council wanted to do first (riverbank stabilization or Huber Park). He noted this did make a difference as to how the phasing plan was put together. He noted there had been no action on the list of cost reductions presented to the Council at the last Council meeting. He needed to know what the Council wanted to do so he could make an educated presentation at the meeting next week. Cncl. Lehman gave his idea as to how Huber Park should be phased. It was noted by Mr. Themig that this was what the consultant had proposed at the last meeting but the. cost of the Park had come in over budget. Mr. Themig noted Huber Park had been designed so the Park could flood without the asset being destroyed. There was discussion on how the Park Reserve Fund should be used (was riverbank stabilization a proper use for the Park Reserve Fund - was this a park function?). If alternative funding were found for the riverbank stabilization that would leave more money in the Park Reserve Fund to develop Huber Park itself. Mayor Schmitt asked if the Council would like to change the direction given to Mr. Themig at the last Council meeting? Cnc1. Helkamp stated he thought this issue had been voted on at the last meeting. Staff had been directed at the last meeting to find alternative funds for some or all of the riverbank stabilization. Ifthis issue needed to be revisited it needed to be on another agenda. Cnc1. Lehman stated the park improvements to Huber Park should be on the high elevation, within budget and riverbank stabilization should be phased in over the course of years. Lehman/Joos moved that the park improvements to Huber Park should be on the high elevation, within budget and riverbank stabilization should be phased in over the course of years. Motion failed 2-3. Cncl. Helkamp, Cncl. Menden and Mayor Schmitt voted in the negative. Direction to Mr. Themig on Huber Park remained as it was given at the December 21, 2004 Council meeting. Cncl. Menden noted it was his understanding that the Council had directed bids to go out on the new Public Works :a4ilpil1.g, he Wl:lS cPl1J~erned at what point after a Council decision was made Official Proceedings of January 4, 2005 Shakopee City Council Page -10- do other Council members have the liberty to revisit issues. He was tIDcomfortable with Cncl. Helkamp and Cncl. Joos having a meeting with the architect and changing the plan of the new Eublic W.orks Building afterthe Council had directed that bids should be,sought-for the design -'-":",:'>~~- ~:' ~.,-,-~ proposed on December 21,2004. Although he was pleased with the plan changes, he was concerned about how the Council will work together as a Council. Cncl. Joos noted he had concerns from the beginning regarding this building and he was not getting answers to some of his questions so he asked if a meeting could be held with the architect. Cnc1. Joos stated he also had a sense that the rest of the Council really was not comfortable with the cost of the project. Cnc1. Helkamp noted that it would have been better addressing this as a Council, but stated that if infonnation was received after a Council decision, he hoped each Councilor would be bold enough to ask that the issue be revisited. Helkamp/Menden moved to adjourn the meeting to Tuesday, January 18,2005, at 7:00 p.m. The meeting adjourned at 9:46 p.m. Motion carried 5-0. ~~,Crf- 11th s. Cox City Clerk Carole Hedlund Recording Secretary