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HomeMy WebLinkAbout5.F.2. Approval of Minutes: April 04, 2007 c; ~: ). v. i OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,M~ESOTA APRIL 4, 2006 Mayor John J. Schmitt called the meeting to order at 7:01 p.m. with Council members Steve Clay, Terry Joos, Steven Menden and Matt Lehman present. Also present were 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; Mark Themig, Park, Recreation and Facilities Director. The Pledge of Allegiance was recited. Menden/Joos moved to approve the agenda. Motion carried 5-0. Mayor Schmitt reported that the ADA staff meetings were well attended and fruitful. Staff had good comments and questions. Mayor Schmitt asked for any additions, deletions or corrections to the Consent Agenda. Cncl. Lehman removed item 5.C.2. from the Consent Agenda regarding revised design criteria for Chapter 12 of the City Code, Subdivision Regulations, Resolution No. 6391. Clay/Lehman moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent Agenda business for the record. Motion carried 5-0. Clay/Lehman Authorized the appropriate city officials to execute an encroachment agreement for Chipolte Mexican Grill. (Motion carried under the Consent Agenda). Clay/Lehman moved to approve the Certificate of Correction to the Plat for Southern Meadows. (Motion carried under the Consent Agenda). Clay/Lehman offered Resolution No. 6394, A Resolution of the City of Shako pee, Minnesota, Restricting Parking on 17th Avenue, from Independence Drive to CSAH 83, Project No. 2006-1, and moved its adoption. (Motion carried under the Consent Agenda)" Clay/Lehman offered Resolution No. 6395, A Resolution of the City of Shako pee, Minnesota, Accepting a $5,500 Donation from the Shakopee Eagles Aerie 4120, To Be Used For Automatic External Defibulators, And The Remaining Balance To Purchase Equipment Which Will Have A Community Benefit, and moved its' adoption. (Motion carried under Consent Agenda). Clay/Lehman moved to accept the completion of Dale Gade's probationary period. (Motion carried under Consent Agenda). Official Proceedings of the April 4, 2006 Shakopee City Council Page 2 ClaylLehman moved to authorize the hiring of Jeff Evens for the position of Engineering Technician IV starting at Grade Level 7, Step B ofthe 2006 Non-Union Pay Plan ($58,354.00Nr.) effective May 15, 2006 with vacation accrual of 120 hours annually, based on 5 years experience and subject to a successful completion of a pre-employment physical and background check. (Motion carried under the Consent Agenda). ClaylLehman moved to approve the hiring of Dan Eckroth as Facility Maintenance Worker at Grade 2, Step B($17.23 per hour), effective on or about April 17, 2006, contingent upon successful pre-employment screening. (Motion approved under the Consent Agenda). ClaylLehman moved to authorize the hiring of probationary police officer Kathleen .. Siercks at Step 1 of the current labor contract, at a monthly rate or $3,635.79, subject to the satisfactory completion of pre-employment medical and psychological examinations. (Motion carried under the Consent Agenda). ClaylLehman moved to. authorize the appointment of probationary officer Police Captain Jeff Tate, at Step B, grade 10, of the non-union pay plan at an annual salary of$78,291; and authorize pay for performance according to the police sergeants existing labor agreement; and buy back existing comp time hours at the current rate of pay of Sergeant Tate. (Motion carried under consent agenda). Clay/Lehman moved to approve the revised IT Specialist job description and authorize the appropriate City officials to re-post and fill the open IT Specialist position. (Motion carried under the Consent Agenda). (CC Document No. 405) ClaylLehmanmoved to approve bills in the amount of$297,218.94 plus $55,392.94 for refunds, returns, and pass through for a total of $352,611.81. (Motion carried under the Consent Agenda). ClaylLehman moved to approve the minutes of the February 21 and 28,2006 meetings. (Motion carried under the Consent Agenda). ClaylLehman moved to authorize the proper City officials to execute documents to implement the U.S. Bank One Card program and offered Resolution No. 6392, Depository Services Resolution for Governmental Entities, and moved its' adoption. (Motion carried under the Consent Agenda). ClaylLehman moved to set a Council workshop meeting for April 26, 2006 at 7:00 p.m. (Motion carried under the Consent Agenda). Official Proceedings of the April 4, 2006 Shakopee City Council Page 3 Clay/Lehman moved to declare a 1974 Mack fire truck (VlN # CF685F1588) and a 1985 Hendrickson fire truck (VIN # 11HFT4284FLZ16384) as surplus. (Motion carried under the Consent Agenda). Mayor Schmitt asked if there were any interested parties in the audience who wished to speak on a matter not included on the agenda. There being none, the meeting moved forward. The item removed from the agenda was discussed at this time. Cncl. Lehman raised a few questions regarding the revised design criteria for Chapter 12 of the CityCode. Cncl. Lehman asked if these criteria applied to redevelopment. Mr. Loney stated that the criteria applied only to new construction, the City already has guidelines for redevelopment. Cncl. Lehman also questioned the noise standards. Mr. Leek referred to page 24 where it stated that either buffer or alternative barriers are to be used to keep noise at acceptable level. A noise study has to be done ifthere are concerns that it won't meet state standards. In that report it states what would be acceptable barriers. Mr. Loney told the Council that he wanted to review this every year to ensure that the City is up-to- date. Lehman/Clay offered Resolution No. 6291, A Resolution ofthe City of Shakopee, Minnesota, A Resolution Adopting Design Criteria for Chapter 12 of the City Code, Subdivision Regulations, and moved its' adoption. Motion carried 5-0. Mayor Schmitt asked the Councilors if they had any liaison reports. Cncl. Lehman attended the Chamber meeting. The Chamber established a committee which would handle smaller policies directed down from the Board. The Chamber felt that it had not received enough information to decide how they could participate in the Sesquicentennial celebration. Cncl. Lehman stated that the ADA workshop session was informative. Cncl. Ioos attended the Shakopee Public Utility Commission meeting where they entered into a franchise agreement with Prior Lake. Approximately 500 homes will be served with the agreement. The Commission also approved the 1st Avenue water piping on the. east end. Mr. Leek presented a detached single family home plat of Kensington Estates. Moraine Circle will be extended from the Glacier Estates Development and 8 lots will be placed on the 3.2 acres. Mr. Leek stated that the Planning Commission recommended on a vote of7-0 to approve the preliminary plat with the condition that the trail segment along County Road 16 be constructed by the developer. The trail segment is a part of the Park and Rec. trail system plan. The cost would be approximately $8,000-9,000. The most cost effective measure is for the developer to put the trail in as the project progresses. Official Proceedings of the April 4, 2006 Shakopee City Council Page 4 Cncl. Lehman asked ifthere were benefits to the whole community with this trail. Mr. Leek pointed out that while there would be recreational benefits to the whole community, this trail would also serve as an alternate means of transportation for this area, especially with the future school to be built at the intersection of Pike Lake Road and County Road 16. Cncl. Menden asked if the trail should be installed now or wait until County Road 16 is upgraded. Mr. Leek stated that the trail should be installed now. The upgrade of County Road 16 is contingent upon several factors. If the trail is put in soon, Mr. Leek felt that it would be several years before it would have to be tom out to accommodate an upgrade in the roadway. There are several homes being built in the area and it makes sense to accommodate those houses now. Mayor Schmitt asked if the applicant would like to speak before the Council. Sonya Kraft, 1744 Windsor Drive South, addressed the Council. Ms. Kraft stated that she was concerned about the trail installation. She felt that they have already paid a considerable amount of fees, including almost $43,000 in park dedication fees and approximately $12,OOO/lot in City fees. The additional $8,000-$9,000 in constructing a trail would only increase their costs. Ms. Kraft asked ifpart of the park dedication fees could be used to pay for the trail. Mark Themig, Director of Parks and Recreation, stated that all other developments have paid the full cost of their trail segment. The Glacier Estates development will also be paying for a portion of a recreation trail through their development because they believe that trail will benefit future homeowners in their development. Ms. Kraft stated that their development was considerably smaller than the other developments, therefore these fees posed more of a hardship. Ms. Kraft also stated that the County is taking a larger percentage of her development for right-of-way. Cncl. Menden stated that the cost in this development would be approximately $1,000 per lot. The Glacier Estates development has more users per linear foot and the trail is not meant for people just adjacent to it. Cncl. Menden asked if there is a policy that limits the cost per lot? Mr. Themig stated that there is no such policy, but that the policy of all developers paying for the trail system through the development has been uniformly applied to all developers. Cncl. Joos stated that if there were city wide benefits to these trails, then the costs should be paid for by everyone, not just the developer. Official Proceedings of the April 4, 2006 Shakopee City Council Page 5 Cncl. Clay asked Ms. Kraft for the listed price of the lots. Ms. Kraft stated they were $159,000-$189,000, but noted that she has not sold a lot in the three months they have been listed. Cncl. Clay noted that approximate $1,OOO/lot cost of the trail was only 1/159th of the selling price of the lot. Mr. Themig produced a rough calculation of what other developers paid for trails. There are approximately 9 miles of trails in the Countryside development. At $25/1inear foot trail cost with 437 lots, that equates to $2718/1ot for trails. CncL Lehman stated that although the trail cost seems small, when added with all other fees, it becomes a large burden for a small developer. Therefore he recommended the developer should receive partial credit for the fees already paid. MendenlLehman offered Resolution No. 6393, A Resolution of the City of Shakopee, Minnesota Approving the Preliminary and Final Plat of Kensington Estates and moved its adoption with changes to LH. The applicant shall provide cash up front for a proposed eight (8) foot bituminous trail along County Road 16, or they shall install an eight foot (8) bituminous trail along County Road 16 within the County right-of-way, at a cost not to exceed 50%, designed to be consistent with the ADA requirements and consistent with the City of Shako pee's design standards. Discussion of the motion followed. Cncl. Joos stated that he was concerned that the Council would be setting a very expensive precedent if this motion were to pass. He offered that the costs could be delayed until the lots were sold as opposed to requiring the funds upfront. Mayor Schmitt suggested that Ms, Kraft work with neighboring developers to do several sections ofthe trail at once and save costs that way. Mayor Schmitt also noted that this development will benefit from the trails that other developers are building; trails have been required from all developers. City Attorney Jim Thomson stated that Cncl. Joos' concerns about being consistent with all developers was understandable, but all plats are different. As a percentage of land, the amount that this developer has to give to the County for right-of-way is higher than other developments because of its' small size. Mr. Thomson stated that the Council does have discretion on the matter. Mayor Schmitt asked what would happen if the lots were to be sold and then require the trail to go in,.who would have to pay the costs. Attorney Thomson stated that the developer would pay. Special assessments to the property owner would be difficult to undertake. Official Proceedings of the April 4, 2006 Shakopee City Council Page 6 Cncl. Clay stated that he was concerned about modifying changes in fees given the amount of scrutiny those fees have received from the Builder's Association. Mayor Schmitt stated that every collector street currently requires thattrails/sidewalks be put in all new developments, and if the same development borders both sides of the road, that developer would be required to put in both. Mayor Schmitt stated that this proposal goes against the current policy. Cncl. Ioos clarified the motion to include that the developer's cost shall not exceed 50% of trail cost. Cncl. Lehman called the question. Council voted 5-0 to limit debate. Motion carried 3-2 on main motion, Schmitt and Clay dissenting. R. Michael Leek presented the Council with an appeal of the Board of Adjustment and Appeals determination on a Conditional Use Permit for Kwik Trip, Inc. proposed at Crossings Boulevard and County Road 18. The property is zoned PRD, Neighborhood Commercial and therefore a Conditional Use Permit is required. The Board of Adjustment and Appeals grants Conditional Use Permits and variances. Their action is considered a final action, unless an appeal to the City Council is granted. The basis for the appeal is that there is an error or omission in the analysis ofthe Board of Adjustment and Appeal in reaching their determination. In this case the Board did not adequately find that Criteria #1 "The use will not be injurious to the use and enjoyment of other property in the immediate vicinity forthe purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity", Criteria #3 "Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided", and Criteria #4 "The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use were met." The appellant is requesting that the City Council limit the number of fueling pumps and fueling stations. The appellant also states that the current design of the road does not allow for semi-truck traffic. The appellant is also requesting that the hours of operation be limited to meet the intent of neighborhood commercial zoning. Cncl. Lehman asked what year this property was zoned PRD. Mr. Leek stated that he believed it was zoned PRD after Southbridge which was in 1998. Therefore Mr. Leek felt that it was probably in 1999 or 2000. The listed uses of this property within the PRD have not changed since this was zoned. Mayor Schmitt asked that anyone interested in speaking on the subject sign up at the podium and keep all comments brief Official Proceedings ofthe April 4, 2006 Shakopee City Council Page 7 Lisa Masica, 1834 Penstemon Lane, stated that she made the appeal on behalf of her neighborhood which consists of about 100 houses. The current plan will negatively impact the neighborhood with the number of pumps and hours of operation. Ms. Masica pointed out all examples of gas stations given by Mr. Leek do not have residences directly in their backyard. Ms. Masica stated that there is already a large amount of traffic for the current road design and adding more traffic with a gas station only makes the situation worse. Ms. Masica stated that this gas station was approved without an adequate traffic design, and at this time she felt that there was not an adequate design. The number of pumps is also a large concern because it would only compound the traffic problem. Ms. Masica stated that the hours of operation for the gas station should be limited from opening no earlier than 5 a.m. and closing no laterthan 11 p.m. The zoning for the property is neighborhood commercial and having the gas station open for 24 hours does not meet the intent of neighborhood commercial zoning..No one in their neighborhood would be using the pumps at 2 a.m. Ms. Masica stated that it is the duty of the Council to protect residents against businesses that would negatively impact their enjoyment and property values of her neighborhood and thereby putting the citizens well-being before the profit of companies like KwikTrip. Rajeev Rai, 8425 Blazing Star Circle, encouraged the Council to really debate the subject and share their opinions with the residents. Mr. Rai stated that ifthe gas station was allowed, it would disrupt the peace and harmony of the neighborhood. It would bring too much traffic near the swimming pool, cause noise and light pollution, and decrease the value of the properties especially those directly abutting the gas station. Mr. Rai stated that if they were to allow the gas station, the number of pumps should be limited to no more than 6 and the hours of operation should definitely be limited. He also stated that in the future the Council should make sure that past and future development be in harmony. Mr. Rai stated that although some residents disagree with him, he believes that either the developer or the City should move the pool to ensure the safety of the neighborhood children. Cncl. Joos asked City Attorney Jim Thomson to clarify the process of the appeal because many of these issues have already been stated before. Mr. Thomson stated that the appeal is focused on the issue of the three criteria, but that the concerns on any part of the permit should be heard. Ultimately the Council will be voting on the entire conditional use permit. Cnc!. Clay questioned if we either reject it entirely or accept it entirely, or can we modify? Mr. Thomson stated that the Council does have the ability to impose new conditions and modify from the Board of Adjustment and Appeals. Official Proceedings of the April 4, 2006 Shakopee City Council Page 8 Cncl. Ioos asked Mr. Thomson to clarify that if a gas station is an allowable use as a conditional use permit, then the Council does not have the ability to deny the gas station it can only put conditions on the permit. Mr. Thomson answered that this was correct. The gas station is an allowable use subject to reasonable conditions, it can't be denied because ofthe nature of the use. Raman Patole, 1824 Fescue Circle, was concerned that this gas station would be placed directly in their backyards. This is different from any other area in Shakopee and therefore Mr. Leek's examples do not apply to this situation. Mr. Patole reiterated that traffic is currently a problem and adding a gas station will not alleviate this problem. The whole purpose of a gas station is traffic and criteria #3 has not been met. Mr. Patole stated that allowing this gas station would conflict with criteria #1, because it would be injurious to the use and enjoyment oftheir properties. The proposed gas station is very large and the residents were unable to find a station this large in the City, stating that it is even larger than the station at Sam's Club. Mr. Patole felt that this property was not meant for such a large station, but it is designed more for offices and small businesses. Mayor Schmitt stated that there is one gas station in the City that is this large. This would not be the largest gas station in the City. Mr. Leek also clarified that the Super America onHwy. 101 and the Holiday Station on 17th Avenue both are in proximity to homes and both raised similar issues. Mr. Patole was also concerned about the amount of traffic right next to the swimming pool. He felt that this was very dangerous and definitely did not meet criteria # I. Mr. Leek responded that the developer proposed the current placement of the swimming pool. The pool is part ofa private entity and its' placement was not decided on by the City. Mr. Patole encouraged the Council to consider if the criteria were being met and if they weren't the permit should be denied. Mr. Patole also stated that there are serious health issues because of the increased cancer risk from Benzene. Mr. Patole reiterated the fact that there are several issues of concern with the conditional use permit and encouraged the Council to consider the resident's concerns. Mayor Schmitt reminded the audience to make comments brief and to not reiterate comments that have already been made in order to keep the proceedings moving. Mirna B. Fitzloff, 1800 Penstemon Lane, was also concerned about the traffic issues. The development is still growing and that will only make these problems worse. They bought their lot because of the proximity to the swimming pool. If the pool is moved, they can't tell the builder that they no longer want their lot. Ms. Fitzloff said that Ryland Homes told them that a medical building or childcare center would be placed there. They believed that Ryland Homes. lied to them. She encouraged the Council to put themselves in their shoes. Official Proceedings of the April 4, 2006 Shakopee City Council Page 9 Babray Hanan stated that these houses were purchased at a high price to provide comfort and safety for their families. If they wanted a gas station in their backyard they could have bought one in Minneapolis for a lot cheaper. Glen Armes, 1833 Penstemon Lane, stated his concern that adding a gas station will increase the amount of U-turns that already occur on Penstemon Lane. There are only 200 homes in the development now. There are going to be several hundred homes built in the area in the coming years. Laura Stepanek 1826 Penstemon Lane, stated that her home was robbed last July. This gas station will not only bring unsafe traffic, but also more crime. Marc Oliver, 1822 Penstemon Lane, stated that he didn't want to bring up any more issues. Mr. Oliver wanted to feel that the Council was working for them. He felt that they have been railroaded and that this will all be a waste of everyone's time. Chitralekha Deka, 8400 Lobelia Court, stated thatthis.is their dream home. If they have to live in fear of their children getting sick and ifher home is going to be robbed it is no longer their dream home. Ms. Deka asked the Council to please look after the residents. Tom Zieland, 8404 Lobelia Court, recommended that the Council not allow this proposal to proceed. But if the Council did, he recommended that either the developer or the City put fencing up to help screen their properties. Deborah Schmitz, 1819 Fescue Circle, stated that they have lived there 5 months. Ms. Schmitz was concerned about the loud music that would come from the loudspeakers. She had visited another Kwik Trip that played very loud music. Ms. Schmitz stated that while Kwik Trip can say that they will keep the music down, it's up to the workers who are in the store. And what are they supposed to do if the music gets too loud? Are they supposed to call the cops? The Planning Commission said that the residents should have become involved sooner. Many of the residents did get involved as soon as they moved to the development. Ms. Schmitz was also concerned about the traffic levels and that an unsafe situation would result from the increased traffic to the gas station. While the Planning Commission felt that it was a 24 hour world and the gas station should be open 24 hours, Ms. Schmitz stated that she felt the hours of operations should be addressed. Ms. Schmitz felt that there were errors and omissions by the Board and that criterion #1, 3, and 4 have not been met. Cncl. Lehman noted that since this is an allowable use,the Council can't deny it. The conditions brought forth by the residents are good ones. Can conditions restrict the hours of operation for loudspeaker use and what would the ramifications be if that condition was repeatedly violated? Mr. Leek stated that it would be a violation of the Conditional Use Permit and the permit could then be further modified or rescinded. Official Proceedings of the April 4, 2006 Shakopee City Council Page 10 Cncl. Menden complimented the residents for being there and getting involved in the process. Cncl. Menden asked Mr. Thomson if they could deny the permit. Mr. Thomson reiterated that the permit cannot be denied because of the nature of the use. The Council can deny it ifthey conclude that they don't meet conditions in city code. However, there needs to be a very good reason for denial of Conditional Use Permit because the courts look at this gas station as an allowable use. Mr. Thomson reminded everyone that the Council cannot act as an advocate for the applicants or the residents. In this matter they are acting in a quzai-judicial manner similar toa judge. The Council needs to look at the code and decide if this permit meets the requirements. Cnc!. J oos stated that the City has been sued and lost thousands of dollars over the denial of a conditional use permit. The courts told the City that they had to grant the permit. Conditions can be placed on the applicant, but they have to be reasonable. Cub Foods is an example of a conditional use permit in a PRD zoning.. At first there were numerous complaints. Cncl. Joos stated that he has never seen a qualified realtor or appraiser come forward and say that the value of the homes will decrease, it's a perception, not a reality. Cncl. Joos stated that Planning Commission and Board has done a good job by placing several good conditions on this conditional use permit. Cncl. Joos stated that the experts are telling them that County Road 21 will curtail the traffic. This will result in neighborhood commercial. Cncl. Joos stated that they have to abide by the law and would have to find that the Board made an error and that will be difficult. Cncl.Clay stated that the site is unique and borders several homes. This also exacerbates the road configurations. As the Attorney stated, the Council cannot deny the permit based on the nature of the use. Cncl. Clay offered ideas to modify the conditions. Cncl. Clay offered to limit it to 6 pumps, restrict alloperation hours to 7 a.m.-II p.m., and require the monitoring of Benzene fumes from 2 locations including the pool and Fescue Court on a quarterly basis. Mayor Schmitt asked Kwik Trip given capacity, how many gallons a day will be pumped and how many tankers will be coming through to supply the pumps. Scott Teigen, Chief Financial officer ofKwik Trip, stated that approximately 1 tanker per day would be traveling to the station. Mr. Teigen stated that they have agreed to limit delivery time from their trucks to 7 a.m.-II p.m. Kwik Trip, Inc. will be doing most of the deliveries. The only outside trucks that would be coming in would be the beer truck, Frito~Lay truck, and the pop truck. Mayor Schmitt asked how many deliveries would be coming in per day. Mr. Teigen responded that it would be 5-6 total trucks per day. The grocery truck will delivery daily except Sunday. The fuel tankerwill deliver once a day. The pop and beer trucks will deliver a couple oftimes a week. Mr. Teigen stated that the estimate of 200 cars per hour would be at peak times. He estimated that more often it would be closer to 50 cars per hour. Mr. Teigen assured the council that their fuel tanks are double monitored and any problems would be found immediately. Mr. Teigen stated Official Proceedings of the April 4, 2006 Shakopee City Council Page 11 that they want good customers and therefore, do not sell items such as adult magazines, other adult products or liquor. Cncl. Lehman asked Mr. Teigen for more information on modem technology as it related to Benzene. Mr. Teigen responded that he is their financial and real estate consultant, but to his knowledge they have never had any problems. The State monitors all pollution controls. Cnc!. Lehman asked Mr. Teigen about his position with music controls over the loudspeaker. Mr. Teigen responded that the issue has been addressed as a condition in the permit. Whenever the City requests them to be turned off, they will turn them off. If it is too loud during the day, they will turn it down Cncl. Lehman asked Mr. Teigen why they were requesting so many pumps. Mr. Teigen responded that the large number of pumps is required to meet the demand at peak times. Mr. Teigen offered to reduce the fueling stations by 4 which would take one island of pumps out. Mr. Teigen also stated if they placed a condition to limit the hours of operation, Kwik Trip would not place their business there. They cannot compete without 24 hour operations and it opens them up to more burglaries when they are not open. Cncl. Menden asked Mr. Leek if the information in the packet was adequate to meet the conditions on traffic. Mr. Leek stated that the studies done by our consultant and Benshoofhave assumptions that are adequate for the level of traffic expected. Drawings will be required before the Conditional Use Permit is recorded that show turning movements for the property. Cncl. Lehman asked Mr. Leek what is in the document to address the issue of screening, especially around the residents and pool. Mr. Leek stated that the issue will be what will adequately meet their needs to avoid things such as headlight wash. Their have been requests for a specific height for the burm, but Mr. Leek has not looked if those requests are physically possible. An alternative such as a fence or wall might be possible and will need to be looked at. Issues of sight triangles will also come into play when looking at fences. Mayor Schmitt pointed out that the road was raised in this project to allow for three story walkoutllookout homes, and therefore no amount of fencing will completely address the light wash issue. There could be a burm with a fence on top, but in earlier discussions they did not want that. The issue might have to be raised again. Joos/Clay moved to uphold the determination of the Board of Adjustment and Appeals with the modified conditionofa maximum of 16 pumps on 4 fueling islands, and direct staff to prepare a resolution for the Council's consent agenda. Official Proceedings of the April 4, 2006 Shakopee City Council Page 12 Clay/Menden moved to amend to restrict the hours of operation for the entire facility from 7 a.m. to 11 p.m. Cncl. Clay stated that there are several issues that they do not have control over, including the shape of the property, the entry/exit points, and the fact that the residents of the City did not want townhomes which would have helped to buffer. Cncl. Clay stated that restricting the hours also better accommodates Kwik Trip's focus on groceries and not gas. Cncl. Menden stated that he seconded the amendment because reducing the hours would better address the issue of noise and traffic. Cncl. Joos. questioned if the Council was going to limit the hours of operation of any other businesses that would locate in this zoning. Cncl. J oos also noted that there are people who work third shift and limiting the hours would not benefit these people. Cncl. Lehman stated that it would be un-American to allow one company to operate at different hours from another. Cncl. Lehman said that the Council would put conditions in place to control the concerns of the residents. Cncl. Menden cannot think of another place that has residential this close to a gas station. Mayor Schmitt stated that there are other areas zoned similarly including County Road 16/County Road 83. Cncl. Menden stated that Church Addition has a similar layout and the conditions established tonight will besetting precedent for any other gas stations in the future. Cncl. Clay stated that he understood Cncl. Joos comments that some people work third shift and would use a gas station in the middle of the night. However, there already is a gas station just to the north that those people could use. Cncl. Clay stated that limiting the hours of operation might be a competitive disadvantage for Kwik Trip, but we are not requiring that they locate there. Cncl. Lehman responded that the Council is not giving them a location where they would allow 24 hour operation. Mayor Schmitt stated that he does not feel that doctors and dentists wi11locate to this property because they are all locating to the hospital. Businesses such as nail salons, dry cleaners, etc. would be located here. There is no such thing today as a 2 pump station, they just can't make it anymore. Mr. Thomson clarified that the amendment is restricting the hours of the entire operation from 7 a.m. to 11 p.m. Motion on amendment to limit hours failed 3-2, Schmitt, Lehman, Joos dissenting. Official Proceedings of the April 4, 2006 Shakopee City Council Page 13 Mayor Schmitt stated that any approval is subject to receipt ofthose items that are called for in the Conditional Use Permit, including drawings for turning movements. Motion carried on main motion 4-1, Menden dissenting. Mayor Schmitt asked if there was something that we could do to address the issue of the pool. Mr. McNeill stated that this is a homeowner's association pool. LehmanlMenden moved to . direct Mr. Leek and staff to look into the pool placement issue and report back to the Council. Motion carried 5-0. LehmanlMenden moved for a 10 minute recess at 10:25 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 10:36 p.m. Mr. Leek presented the Council with an appeal ofthe Board of Adjustment and Appeals decision concerning a variance to allow a freestanding sign at their proposed site at Crossings Boulevard and County Road 18. The zoning of the property requires a variance for this type of signage. Kwik Trip, Inc. has proposed a freestanding sign of a smaller size. Mayor Schmitt asked Mr. Leek about business complex signs. Mr. Leek stated that business complex signs are allowed, but on the building only, not freestanding signs. Cncl. Lehman asked Mr. Leek where the gas prices would be located. Mr. Leek stated that if the Council denies this variance, the gas prices would be located on the canopy or on the building. Mr. Leek stated that these requirements are from the revision to the sign regulations. The thought behind this revision is that in this zoning the signage was just for local identification, not one that is visible from greater distances. Mayor Schmitt asked Mr. Leek ifthis property got caught up when the regulation was changed. Mr. Leek answered yes, but reiterated that this property is guided for medium density. Mayor Schmitt asked if this has been a PRD, but when the revision occurred did it get overlooked that a PRD still existed? Mr. Leek stated that the revisions occurred because it was acknowledged that certain districts had different characteristics commercially, including the PRD. The intent of this property, given its size, was always clearly for something ofIesser scale than normally found along an arterial roadway. Cncl. Lehman stated that while he was not for big signs, he has never seen a gas station without a large size. Mr. Leek stated that just because there aren't others out there does not mean that there is no other way to display sign age. Mr. Leek stated that this is unique and that this property is intended for neighborhood commercial, not highway/industrial where most of these facilities with large signs are located. Official Proceedings of the April 4, 2006 Shakopee City Council Page 14 Mayor Schmitt asked the applicant to speak. Mr. Teigen stated that the small sign they are requesting would be less intrusive to the neighborhood than a sign posted high up on the canopy or along the building. Cncl. Lehman asked Mr. Teigen if the sign was allowed on the corner, would there be a sign on the canopy. Mr. Teigen stated that the gas price would only be on the corner sign and not on the canopy if approved. Mr. Tiegen stated that it is a little less than half the size of the sign on Vierling Drive. Lisa Masica, 1834 Penstemon Lane, stated that she preferred a small sign, but prefer that the sign be moved south ofthe corner into their property further so as not to compete with the Riverside Fields sign. Mr. Teigen stated that he was okay with the request. Joos/Clay moved to uphold the determination of the Board of Adjustment and Appeals and direct staff to prepare a resolution for the Councils consent agenda that is consistent with that decision. Cncl. Lehman asked to clarify the motion, if the motion meant that a freestanding sign would not be allowed. Cncl. Clay stated that was correct. Motion carried 4-1, Lehman dissenting. Menden/Clay moved to extend the meeting until 11 : 15 p.m. Motion carried 3-2, J oos and Clay dissenting. Mr. Leek presented the Council with a proposal to draft a letter of intent to negotiate with the Metropolitan Council for providing express bus service. Clay/Menden moved to approve the draft letter of intent to enter into negotiations with the Metropolitan Council for the provision of express bus service as presented. (CC Document No. 406) Cncl. Menden asked if a specific contract proposal will be brought back to the Council. Mr. Leek stated that it would. Cncl. Lehman asked what would happen if that proposal came back over budget. Mr. Leek stated that it would probably be best to go out for an RFP (Request for Proposals). Mayor Schmitt stated that there is no park and ride location included in the letter. Mr. Leek responded that it was not needed for the letter of intent. Currently the County Road 18 site is under negotiation to do a design build on this year. The access to the site is still an issue, but the negotiations are still continuing. Official Proceedings of the April 4, 2006 Shako pee City Council Page 15 Motion carried 5-0. Mr. Loney presented the Council with an update of the River District Trunk Sewer Reconstruction and the Reconstruction of CSAH 101, from CSAH 17 east to the Mill Pond Bridge, PrOject No. 2006-3. This prOject will relocate the current sanitary sewer lines from under the mobile home park and place them within the CSAH 101 corridor. The pipe is in need of repair and relocating the pipe would more easily allow access in the future. State turnback funds will be used to fund the street reconstruction of CSAH 101. The watermain will also be replaced, but an agreement is needed with SPuc. Mr. Loney stated that at their meeting SPUC was in favor of moving ahead with replacing the main. Almost all the restoration costs are being paid for by the County's turnback fund. The County will be addressing the removal of some accesses frOm CSAH 101. As part of the easement agreement with the mobile home park owner, the City agreed to place service stubs on the west side, and not within the CSAH 101 right-of-way. There are a couple of service lines that might need to be fixed. Mr. Loney stated that they are prOposing to include that in the prOject, if needed, and not assess the owners since this is part of the County's project. Cncl. Menden asked Mr. Loney what the schedule was for the project. Mr. Loney answered that the plans will be brOught back to the Council at the next meeting. Then the prOject would go out for bid and the prOject would begin in June and continue through to September. Mr. Loney stated that the County is proposing to maintain traffic one lane in each direction, but it will be difficult with the amount of summer traffic. Lehman/Joosmoved to authorize staff to begin preparation of a reimbursement agreement with SPUC on costs associated with the CSAH 101 reconstruction prOject frOm CSAH 17 to 1370 feet east to the Mill Pond Bridge, PrOject No. 2006-3. Motion Carried 5-0. Mayor Schmitt asked Mr. Loney if the roadway was three lanes or five lanes, Mr. Loney stated that the rOadway would be five lanes, 2 lanes for each direction of traffic and a center common turn lane. Mayor Schmitt asked Mr. Loney if there were any access closure issues with Apple Ford. Mr. Loney answered that it is the County's project and the accesses are being handled by them. Mr. Loney and the County have. been working with residents to find common ground on access issues. Mayor Schmitt stated that he was concerned with reducing the access to the current Apple Ford. Mayor Schmitt was concerned with any future redevelopment that might occur on that property. If accesses are given away now, it would be hard to get them back in the future. Official Proceedings ofthe April 4, 2006 Shako pee City Council Page 16 Cnc!. Joos stated that if redevelopment occurs, the access issue should then be addressed. And since it is the County's project, the City doesn't really have a say on where the County places access to their road. ML Loney reiterated that it is the County's project. The accesses that the County is proposing are such to alleviate any traffic safety issues and keep traffic flowing. The County did delay this two weeks to allow property owners to discuss any concerns. Mayor Schmitt asked that City staff go back and readdress the combination Duffy's access and the one across the street. Cncl. Joos asked the new person from the Shakopee Valley News to introduce themselves. Shannon Fiecke introduced herself Menden/Joos moved to adjourn the meeting to Tuesday, April 18, 2006 at 7 p.m. The meeting was adjourned at 11: 17 p.m. Motion carried 5-0. ~\dl~. OJ Jessica Adamietz Recording Secretary