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Home My WebLink About5.F.2. Approval of Minutes: July 17, 2007 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA JULY 17,2007 Acting Mayor Steve Menden called the meeting to order at 7:00 p.m. with Council members Steve Clay, Matt Lehman and Terry Joos present. Mayor Schmitt arrived at 7:08 pm. Also present were Mark McNeill, City Administrator; Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jim Thomson, City Attorney; Judith S. Cox, City Clerk, and Andrea Weber, Park and Recreation Landscape Design. The Pledge of Allegiance was recited. Acting Mayor Menden asked if there were any additions or deletions asked to add 13.F.3, To set a date for Highway 41 corridor Joos/Clay moved to approve the agenda. Motion carried Acting Mayor Menden asked that the Mayor's Report arrived. Acting Mayor Menden asked if there were any to Consent Agenda as published. Cnc1. Joos asked that 5.C.2, Park Recreation Area" in Huber Park - Res. No. 6631, be removed from the Mr. McNeill asked to add item 13.F.1, Derby Days agenda. Lehman/Joos moved to approve Mr. McNeill read the Consent items. Motion carried 4-0. Lehman/Joos moved to installation of additional cameras and monitor at the Community with the deficit to be funded by the Recreation Funds (Motion carried under the Consent Agenda) full-time, regular status as a Sergeant with the carried under the Consent Agenda) full-time, regular status as a Sergeant with the (Motion carried under the Consent Agenda) to authorize the hiring of probationary police officer Cortnie Anderson at Step 1 labor contract, at a monthly rate of $3,830.89, subject to the satisfactory completion medical and psychological examinations. (Motion carried under the Consent Agenda) Lehman/Joos moved to approve the bills in the amount of $2,072,722.14. (Motion carried under the Consent Agenda) Lehman/Joos moved to approve the City Council meeting minutes of June 19,2007, June 27, 2007 and July 3, 2007. (Mption carried under the Consent Agenda) Official Proceedings of the July 17, 2007 Shakopee City Council Page .2- Lehman/Joos offered Resolution No. 6629, A Resolution Changing the August 7,2007 Council Meeting Date, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/J oos moved to retain, Kern, DeW enter and Viere as auditors for fiscal year 2007 at the proposed amount of $36,075. (Motion carried under the Consent Agenda) Lehman/Joos offered Resolution No. 6626, A Resolution Providing For The Issuance and Sale of $1,445,000 General Obligation Improvement Bonds, Series 2007B, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Joos moved to approve the listed parking and traffic related Days, August 2nd to August 5th, 2007, as outlined in the June 27, Administrator. (Document No. CC-443) (Motion carried under Mayor Schmitt arrived and took his seat at 7:08 p.m. Mayor Schmitt gave the Mayor's Report. Mayor members of the military from Shakopee that are returning home few weeks. Mayor Schmitt asked that members of the community fly acknowledge their return and to recognize their service. Aii::11I11j" Clay/Lehman moved to direct the City AdrAf~~:t: to resolution of appreciation in honor of those military members ret~C.G:t'io~l~ihl"ii~cm carried 5-0. )iW',). .. 'lh'j) Cncl. Mend~n asked if it was :.~ som~g in the De:by Days parade honoring those returnmg home from I:~i;'~~c h,~~ern, Derby Days chaIrperson, stated that he would make that request to the comml;"'l~ I1J' bersq'.ii~harge of the parade. "Ilii:' y Mayor Schmitt asked if'~i,~as arl"'ij~in the audience that wished to speak on a matter that was not on the ag~da. N\.. 0~11~~pongea. ,:'W:iii", . i!1!1:1:iii<i'ji ;~l"i'" Andrea we~~r'~a.r~e Re~~~iiori Landscape Designer, presented Council with the Park Naming ~~r'~l"0[~~~ec~~ation Area" in Huber Park, Resolution 6631. /!,t<i;'.;. ""'~'~' """",JBi<:;:};;]%rt;h~, d?j} -,%}'" --h < 1~~ MS;,;f eber ';'~~~dth~i)~~akopee Historic Preservation Advisory Commission, Shakopee Heritage Soci~i,:.and thejfi)~akcjpt;e 150th Committee submitted an application for naming an amenity area in Hube~iark in 'onor of former Shakopee Police ChiefR.G. "Pat" Thielen. The amenity area was fOrmitl"i11,I as a rodeo. Ms. Weber stated that the rodeo was previously dedicated to Pat Thielen in 19 0 and is now proposed for future re-use as a sliding hill. Ms. Weber stated that the Parks and Recreation Advisory Board discussed the naming of a specific area in a park. Following the Park Naming Policy, the Parks and Recreation Advisory Board agreed to name the area of Huber Park the Pat Thielen Recreation Area in Huber Park. Cncl. J oos stated that he asked for this item to be removed from the Consent Agenda because he had received a phone call questioning the naming of the area in Huber Park because the caller did not know who Pat Thielen was and his contribution to the community. Official Proceedings of the July 17,2007 Shakopee City Council Page -3- Joos/Clay offered Resolution No. 6631, A Resolution of the City of Shakopee, Minnesota Naming the "Pat Thielen Recreation Area" in Huber Park, and moved its adoption. Discussion followed. Cnc1. Lehman asked if it was possible to have a kiosk in the park area stating who Pat Thielen was and what his contributions to the community were. Ms. Weber said she would work with staff in creating a kiosk. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0.<///// J'J//~(f!" ""nJ~iJ_ Mayor Schmitt asked for the Council's liaison reports. "",,@, ,;ft/J/JiI%iI 'iI~.JIII J!rr Cnc1. Clay stated that the Park and Ride opened on Monday, 07/1~(i<>~nC~aY'\1i1~'fuat there was an increase of riders on 07/17/07. Cnc1. Menden had ll€i~fin'lt~l!po . \n9P Joos stated he attended the Shakopee Public Utility meeting. Cnc!; Joos~~ated'~t theJ'PUC's audit turned out well. Cnc1. Joos also reminded the citizens aboy",~~ve'I.lawn ~t"ing days and encouraged community members to contact SPUC if ~~he~II;III~em"~li/J{~the cOthmunity are not obeying the watering restrictions. Cnc1. Lehman sta~I'Ql1;"a!ided lhtl;;;!!liighway 41/River Crossing meeting and noted that council members rell~ived iti9(;1lTIation in their packets. ',J 91i1l Joo~/Menden moved to recess for the Econo~i;~:!#~i~er~_c~~~'thority Meeting. Motion carrIed 5 Od~l 9%l. - . . ,,"'d;;;~;!:::;,,;;;);q:.~~~!!!:~:'#llJ.'"!I;!;;!!;!!;1!;;).: Mayor Schmitt reconvened the m~t'5 Ii:,.' '" Mr. Leek presented Council ~~,1ftll~!!!!li,~i~hensivlp~an Amendment for Beckrich Park Estates to e~ten~ MUSA, and Rezone 1l~'J?et fro~\~al Residential (RR) to Sewered Rural ResIdentIal (SRR)., '~~. , ~liI,.......ii'l. Cncl. !oos stated.~fat he~~~,_~,~t.'elffrom the discussion because he is a resident of the BeckrlCh Park Estates. ........."$'."tiV ''%b_ [ w .4;N(,::i:i~iii:::?:"~:':?-\ .__-', ., -:;4&:~, "'1' Mr. Lee~"J~fafeIJll'llltHB,~~~~h"ark Estates Homeowners Association has made application to " 'fu. ...........Ww.I))IWI'.'.'.'"II",i extend M'tltropolittn Uil1an)l~ervice Area (MUSA) to the Beckrich Park Estates development. Mr;ll~~ek ai)))\;;~~ate~~! the !,!omeowners Association has ~equ~sted that the property be rezofitlifrom R~al R;,sIdentIal (RR) to Sewered Rural ReSIdentIal (SRR). ":Gh:'''' '<:".,'::'::__> I Mr. Leek~tl.:tSlg,pJtat at the July 5, 2007 Planning Commission meeting the Commission ",$;y::)":::'Y"""< recommended approval ofthe MUSA extension and the rezoning from RR to SRR. Cnc1. Lehman asked if the work being done to Beckrich estates with regard to sewer and water will be have enough capacity to accommodate future growth to the surrounding area. Mr. Loney stated that the work being done will be able to handle a larger capacity if areas to the west become annexed into the City of Shakopee. Official Proceedings of the July 17,2007 Shakopee City Council Page -4- Cncl. Menden asked if rezoning Beckrich Estates from RR to SRR will allow the residents to subdivide their property. Mr. Leek stated that under the PUD they do not have the approval to subdivide property, lot configurations are tied to the subdivision. Cncl. Menden asked if the residents of Beckrich Estates understand that they are not able to subdivide under SRR. Jodell Kirkland, Beckrich Estates Homeowners Association President, addressed the Council stating that the residents wanted to make sure that they are in a zone that does not allow the subdivision of lots. --""":'~"''''-''''' I'iiIiIII;;;I,. Menden/Lehman offered Resolution No. 6630, A Resolution of the City of~l~kop~e~lfroving a Requ~st to ~end the Comprehens~ve Plan to Extend MUSA ~o Bec~j~ P~, EstateS~tnd moved Its adoptIo~; and, offered Ordmance No. 784, Fourth Senes, .A~~so~utIO~L,the ~,ty of Shakopee ApprovI~g a ~equest to Rezone Pro~erty fro~ Rural ~:~JEt~~al ~) Z('j~~ Sewered Rural ResIdential (SRR), and moved ItS adoptIOn. MottQilll carr1t'~i2J:-O; C,~nEllor Joos abstaining . tllb . .. .,@ /~:\:::<>:"" ....t\. -....\IIIIit::H:v +4~~:A\:!~~~~~~i:~:~~i::~:::::::__::/,:.:..> ,_ '\::....__ -....'})?}}'- Mr. Leek presented Council with the Vacation of the e:~r~rl~ 180;!~~_i;~t the ai!ey/public right- of-way in. Block 7 of the East Shakopee Plat (1ocate~'dJ!l!'~':':"i~ Tf8';~irttve. East) and the Final Plat of MInnesota Corn Growers. Willi 'II' Mr. Leek stated that Fendler Patterson Con~Iire'.'iJ,' re'~~;~ti~~I"IMinnesota Corn Growers Association, requested a vacation of the eas~~,:~;>, l~~feet~~Me;I~lley/public right-of-way in Block 7 of the ~a~t Shako~ee Plat. ~~""C st\'C::~,t_~r~~'i?roperty of the Minnesota Corn Growers ASSOCiatIOn consIs~s of L~~;~;,i~II' wn!ii.,:re Q~vIde~ by the alley th~t runs east/west t~ the block. Mr. Leek sa~d t~,;}~~ p~li~~1 of alleJltthat IS adjacent to the busmess and reSIdence on Lots 9 & 1 0 WI~~~i~:1i~~;'II:ii""'" Mr. Leek stated that at the City Co~~l's J~'i'~, 2007 meeting, the public hearing for this was 11' <'ilL closed but counc: tabl~ti:~er to further address the access issue at the east end of the alley to ensure "that th ItJJfOIGty ovlfer to the west and city have access for snow removal, garbage pick up mel;+pther v~,ic~Ia:i:~essibility. 4, Mr. Lee~lrtiitr~lilt!i:i~'ii'::i~lii~ f1;ttorney recommends that in the final plat resolution there is a requireme1'};~ltoi~'i:gre~ment ~llowing the City to certain access to the Com Growers parking 10tlI!he imm<!l,~iateI~,~ferty owner to the west of Corn Growers has had a cooperative arr~~'lr-ent wit'iIC~i7Growers for access across their parking lot and they are taking their garbage..,,'i~~e. Tie property owner on the corner has garbage taken from Market Street access. ~::::::::::..JfIl\tBl:::-:jJ~j~F~ Mr. Leek stateQ that it is proposed that under an access agreement with the City that Corn Growers will keep an access open from the westerly alley and not barricade access to the vacated alley. If the westerly property owners abuse the access, they may need to work out something with Corn Growers to access their parking lot. Mr. Leek stated that Resolution No. 6621, approving the plat for Minnesota Corn Growers, has been rewritten to delete paragraphs f, g, and h since Resolution No. 6620 vacating the alley retains easements; and, paragraph e in Resolution No. 6621 has been rewritten requiring an Official Proceedings of the July 17,2007 Shakopee City Council Page -5- agreement allowing the City to retain the right to use Corn Growers' parking lot for maintenance and snowplowing purposes. Paul Werner, 714 1 st Ave. E., property adjacent to Minnesota Corn Growers, addressed Council with the question if he would still have access of the alley after the approval of the vacation of the alley. Mr. Leek explained to Mr. Werner that he would still have access. Menden/Joos offered Resolution No. 6620, A Resolution of the City of Shako pee Vacating the easterly 180 of the Alley/Public Right-Of-Way in Block 7 of the East Shakopee Plat Adjacent to 738 First Ave. East, and moved its adoption. Motion carried 5-0.iill!iJjjil iw"""I_i!;W Menden/Joos offered Resol.ution N~. 6621, a.Resolu~ion Approving the.~~~~rw~ of M~lesota Corn Growers, and moved Its adoptIOn. MotIon carrIed 5-0..,tfW'+lil'illwjjjjjj .;~f'" ,410 Judy Cox, City Clerk, presented Council with the Temporary 3.24~~;~'~'ill~litiqv~jt!i~ense for the Shakopee Jaycees Inc. .+41 \ V Ms. Cox stated the City received an application for a te~il~~~""jil~~.!!~.2 pe~cent malt liquor license for Derby Days on August 3 and 4,2007. W"'iiiiik '"iw.! .r"'41&> JIt'<1;~:I~1 Ms. Cox stated that Captain Tate of the Policepeparr_~~t has ri~i.objections to the granting of the license, but recommends that there be n~l!lile"'lrlesi~_i!~.11:9J p.m., as in previous years. 4i'II.,tb!ll~ .. 'Wlil1il1iWWW Ms. Cox stated that Ms. Dana Listeru~'_'~i~Ia:~it'tjj_'jljjjjj~1lakopee Jaycees, would like to address the Council regarding the;~, ce~eItng beer. Cncl. Lehman stated that Cap~I~'a'''!di~'~t state the reason why the beer sales should cease at 11 :00 p.m. Jack McGovern,f~~ ql1ys Co~~ir, stated that he had a conversation with Captain Tate and said that Captairil'i!e explai ed that it was the consensus of the other Police Department staff that thlij~j,~~.~le tImJ~jjjl~st get extended. Aft'> ':\i::,\ -w#1~::~~:::i~:i~:::~:::lth_,,___ ,:)~~fw- Mr. McGovern pr~~~,nted C~wytficir\;J~I1letters from the Scott County Sheriffs Department, Castle Kitc~.~~,~~!~d!'~es 1\i~edo in favor of the Shakopee Jaycees serving beer until midnigh~j!ltl'\lt~~I~I~'iiI~tai,tfthat the extension of beer sales would be profitable for the Jaycees 'Wlil,~ th~~onatetlte!,proceeds back to the Shakopee Fire Department. nj~~~,~__ t,+::__ M~e:l ~ th)!'the Police Dep~ent has n<;ver se';" ~y problem with the sales by the Jaycee' :fll'il~r. McNeIll stated the problem IS the locatIOn WhICh IS across the street from residentiaf'Ip'I~J;l.~~ies and the noise level becomes a concern. /b.!i,B>> Cncl. Lehman, Cncl. Joos, and Mayor Schmitt stated that they are in favor of extending the time to midnight for one year. If it doesn't work out or there are problems, revert the time back to 11 :00 p.m. the following year. Police Chief Dan Hughes stated that the Jaycee's do a great job but he recommends the beer sales end at 11 :00 p.m. to try to get the crowd dispersed downtown by midnight to make it a safer environment. Chief Hughes stated that the later the beer sales stay open the more risk there is of people misbehaving. Official Proceedings of the July 17,2007 Shakopee City Council Page -6- Lehman/loos moved to approve the application and grant a temporary on-sale 3.2 percent malt liquor license to the Shakopee Jaycees, Inc., for the municipal parking lot at 2nd Avenue and Lewis Street, on August 3 and 4,2007, with sales to cease at 12:00 midnight. Motion carried 4-1 with Cncl. Menden dissenting. Mr. McNeill presented Council with some date options for a meeting to discuss the Highway 41 River Crossing. Mr. McNeill stated that the City received the EIS and comments are due August 10,2007 to MN/DOT. Mr. Lehman stated if the Council reads the packet of information provided the River Crossing, the meeting shouldn't take longer than one hour. After some discussion of the River Crossing, Council decided on the July 31, 2007 work session. The meeting time was moved up Mr. McNeill stated that the City is doing an experimental 21, 2007 which will be the first official webcasted Cncl. Menden stated that he received a call from a lives near Huber Park. Cncl. Menden asked that staff monitor events impacts of inconvenience to the neighbors. Joos/Lehman moved to adjourn to The Council meeting ended at ud. ~th s. Cox City Clerk Kim