Loading...
HomeMy WebLinkAbout5.F.2. Approval of Minutes: April 08, 2008 S. F z, ;gam a" "Z7 `'i r 4 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA APRIL 8,.2008 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Pat Heitzman, Matt Lehman, and Terry Joos present. Also present were Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Jamie Polley, Parks, Recreation and Natural Resources Director; Capt. Jeff Tate, Police Department; Officer Sean Zauhar, Police Officer; and Andrea Weber, Park and Landscape Designer. .The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill asked to add discussion item 13.F.3 to reschedule next week's meeting to April 22, 2008. Joos/Clay moved to approve the agenda as amended. Motion carried 5-0. Capt. Jeff Tate of the Shakopee Police Department presented Shakopee Police Officer, Sean Zauhar as the 2007 Shakopee Police Officer of the Year. Capt. Tate also announced that the. Minnesota Chief's of Police Association awarded Officer Zauhar its 2007 Meritorious Service Award. Mayor Schmitt gave the Mayor's Report. Mayor Schmitt said that he and Mark McNeill attended the District 720 Strategic Planning Task Force. Mayor Schmitt also said he attended the Police Department steak fry at the Legion. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Mr. McNeill asked to add to the consent agenda,l3.F.2, Refund of Special Assessment Payment. Cncl. Joos asked to add 13.A.1, Purchase of Air Compressor for Public Works to the consent agenda. Cncl. Lehman asked to remove from the consent agenda, S.C.1, Amendment to City Code Sec. 11.60, Subd 9, Woodland Management Regulations, Ordinance No. 791. Lehman/Heitzman moved to approve the Consent Agenda as modified. Mr. McNeill read the Consent Agenda. Mr. McNeill stated that he had a request from the applicant to remove from the consent agenda, S.D.2, Rezone property from Planned Residential District (PRD) to Neighborhood Commercial (NC) Zone. Lehman/Heitzman were okay modifying their motion to reflect the removal of S.D.2 from the consent agenda. Consent agenda, as modified approved 5-0. Lehman/Heitzman moved to direct staff to submit a letter to Mn/DOT accepting the funding on the T.H. 169 bridge at Fuller Street to accommodate a trail. (Motion carried=under the Consent Agenda) Official Proceedings of the Apri18, 2008 Shakopee City Council Page -2- Lehman/Heitzman moved to authorize the appropriate city officials to execute the Tri-City Joint Powers Agreement with Scott County and the cities of Prior Lake and Savage. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the Third Amendment to the Law Enforcement Mutual Aid Pact and authorize appropriate city officials to execute the amendment. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6754, Accepting the Donation of $1,000.00 from Wal- Mart Stores, Inc. for the Prairie Planting Project, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Ordinance No. 794, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the City's Adopted 2008-Fee Schedule to Implement Changes in the Parks and Recreation Fees, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6753, a Resolution Approving the Registered Land Survey for Property Located at the Northeast Corner of First Avenue West and Fuller Street North, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6758, a Resolution Setting the Public Hearing Date to Consider the Vacation of Easements Within OPUS MVW and OPUS MVW 2"a Addition, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to grant Megan Manny regular status as a Community Service Officer. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the bills in the amount of $642,557.85. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the minutes of March 5, 2008 and March 11, 2008. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6755, A Resolution Appointing Michael Klemm to the Environmental Advisory Committee, .and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to provide for the installation of the shades at the Shakopee Public Library as quoted by Vision Blinds in the amount of $1385. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to declare the PowerDsine switches at the Police Department to be listed as surplus property and authorize appropriate disposal. (Motion carried under the Consent Agenda) Official Proceedings of the April 8, 2008 Shakopee City Council Page -3- Lehman/Heitzman moved to declare the items listed on the Apri13, 2008 memo from Kris Wilson as surplus property and authorize sale of these items to the general public, followed by disposal of items not sold. (Motion carried under the Consent Agenda) (CC Doc. #452) Lehman/Heitzman moved to authorize staff to purchase one new air compressor from Aspen Equipment Co. for the purchase price of $14,773.68 using State Bid Pricing with the funds to be expended from the 2008 Park General Fund Budget, Capital Expenditures. (Motion carried under the Consent Agenda).. Lehman/Heitzmanrnoved to refund the prepayment of special assessments in the amount of $474.66 for the 2007-2 Street Reconstruction Project for parce127-032002-0 and place the assessment with the taxes for collection. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience that wished to speak on a matter that .was not on the agenda. No one. responded. Heitzman/Glay moved to open the public hearing for an Application for a Taxicab License from Timothy Dressen Jr. Motion carried S-0. Judy Cox, City Clerk, presented Council with the Application for a Taxicab License for Timothy Dressen Jr. Ms. Cox stated that Mr. Timothy Dressen Jr., applied for a taxicab license and for a taxicab driver's license to operate within the City of Shakopee. Ms. Cox stated that the police department has conducted the required background investigation and recommends that Mr. Dressen's application for a taxicab license be granted. . Mayor Schmitt asked if anyone wished to speak at the public hearing. No one responded. Lehman/Clay moved to close the public hearing. Motion carried 5-0. Clay/Lehman moved to approve the application and grant a taxicab license for two taxicabs to Timothy Dressen Jr., 1058 Marschall Road, conditioned upon meeting all requirements of the City Code for said license. Motion carried 5-0. Cncl. Lehman asked for the removal of item S.C.l, Amendment to City Code Sec. 11.60, Subd. 9, Woodland Management Regulations from the consent agenda because he needed clarification on language sited in the regulations. Cncl. Lehman stated that in the memo from staff it says if a person does a small project on their property and remove two or fewer trees they would not be required to replace them. However, in the actual ordinance it states that if a heritage tree is removed it needs to be replaced. Jamie Polley, Park and Recreation Director, addressed Mr. Lehman's question by stating that even if the tree is a heritage tree the property owner is not required to replace it. Cncl. Lehman asked that the staff cem~llents regarding heritage trees be included into the file. Official Proceedings of the Apri18, 2008 Shakopee City Council Page -4- Lehman/Heitzmanoffered Ordinance No. 791, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 11.60, Subdivision 9 Relating to Woodland Management Regulations, and moved its adoption; and, also incorporate the staff memo into the intent of the ordinance. Motion carried 5-0. Michael Leek, Community Development Director, presented Council with the Rezoning of property from Planned Residential District (PRD) to Neighborhood Commercial (NC) Zone. Mr. Leek stated that Mr. Gary Wollschlager of Tollefson Development asked that the item be removed from the consent agenda. Mr. Leek stated that Mr. Wollschlager wanted to know if the Council had interest in an amendment modification to the Planned Residential District zones so that not all individual commercial uses would require a Conditional Use Permit (CUP). Mr. Gary Wollschlager of Tollefson Development, 20520 Keokuk Avenue, Lakeville, addressed council with the request Mr. Leek described. Clay/Heitzman moved to table the rezoning request of Gary Wollschlager and refer it back to staff and the Planning Commission for a review and recommendation regarding clarification of the language as requested for the Planned Residential District zones. Discussion followed. Jim Thomson, City Attorney, explained that the applicant was okay with Council taking action on the resolution of denial in order to be in compliance with the state statute but that there be direction to staff to go back and prepare and propose to the Planning Commission and City Council the changes in the language. Clay/Heitzman moved to withdraw their motion to table. Clay/Heitzman offered Resolution No. 6759, a Resolution Denying a Request to Rezone Property within the Church Addition, and moved its adoption. Motion carried 5-0. Lehman/Clay moved to direct staff to look at uses in the Planned Residential District compatible uses, same uses, change of uses, etc. and if viable bring the changes to the Planning Commission. Motion carried 5-0. Andrea Weber, Park and Landscape Designer, presented Council with the Recommended Park Names, Res. No. 6746 through 6752. Ms. Weber said that the call for park names has been open to the public for nine months. Very few name applications have been received and adopted. Ms. Weber stated that staff and Park and Recreation Board member Mars met on the week of March 10, 2008 to discuss name options to present to the Park and Recreation Advisory Board (PRAB). The PRAB met in a work session and recommended the following names to be adopted by City Council. • Langdon Terrace Neighborhood Park • Hackney Neighborhood Park - • Saddle°Rdge Neighborhood Park • Glacier Tot Lot Official Proceedings of the Apri18, 2008 Shakopee City Council Page -5- • Westminster Neighborhood Park • Savannah Oaks Neighborhood Park • Hamlet Neighborhood. Park Clay/Heitzman offered Resolution No. 6746, A Resolution of the City of Shakopee, Minnesota Naming "Langdon Terrace Neighborhood Park", and moved its adoption. Motion carried 5-0. Clay/Heitzman offered Resolution No. 6747, A Resolution of the City of Shakopee, Minnesota Naming "Hackney Neighborhood Park", and moved its adoption. Motion carried 5-0. Clay/Heitzman offered Resolution No. 6748, A Resolution of the City of Shakopee, Minnesota Naming "Saddle Ridge Neighborhood Park", and moved its adoption. Motion carried 5-0. Clay/Heitzman offered Resolution No. 6749, A Resolution of the City of Shakopee, Minnesota Naming "Glacier Tot Lot", and moved its adoption. Motion carried 5-0. Clay/Heitzman offered Resolution No. 6750, A Resolution of the City of Shakopee, Minnesota Naming."Westminster Neighborhood Park", and moved its adoption. Motion carried 5-0. Clay/Heitzman offered Resolution No. 6751, A Resolution of the City of Shakopee, Minnesota Naming "Savannah Oaks Neighborhood Park", and moved its adoption. Motion carried 5-0. Clay/Heitzman offered Resolution No. 6752, A Resolution of the City of Shakopee, Minnesota Naming "Hamlet Neighborhood Park", and moved its adoption. Motion carried 5-0. Ms. Weber presented Council with an amended Park Naming Policy, Res. No. 6757. Ms. Weber stated that the PRAB has been working for the past several months to revise the Park Naming Policy guidelines for naming parks in honor of persons at the request of the City Council Ms. Weber read the proposed changes by the PRAB in their full text. Cncl's. Clay and Joos agreed that parks should not be named after person(s) because of the complexity of the issue. They feel that naming an area in a park would better serve the community. Mayor Schmitt felt that the language is stringent enough that there probably wouldn't be any problems in the future naming of parks. Clay/Lehman offered Resolution No. 6757, A Resolution of the City of Shakopee, Minnesota Amending the Park Naming Policy, and moved its adoption. Motion carried 5-0. Mr. Leek presented Council with the Text Amendment Regarding Outlots and Building Permits. Mr. Leek said the City's policy for a number of years has been that building permits are not .issued to outlots. The proposal amends the Shakopee City Code Chapters 4 and 12 and is intended to clarify language that relates to that policy. Official Proceedings of the April 8, 2008 Shakopee City Council Page -6- Clay/Heitzman offered Ordinance No. 792, Fourth Series, an Ordinance Amending Shakopee City Code Sections 4.06 and 12.33 regarding the Issuance of Building Permits on Outlots, and moved its adoption. Motion carried 5-0. Mr. Leek presented Council with the Appeal of Board of Adjustment Decision -Snap Fitness Signage. Mr. Leek said that Mark Allison, representing WAM Fitness has submitted an application to appeal a decision made by the Board of Adjustment and Appeals regarding denial of a variance fora 53-square foot wall sign on the north side of the River City Centre. Mr. Leek stated that the Board of Adjustment and Appeals approved a Conditional Use Permit fora 24-hour fitness facility subject to conditions. As part of the application the applicant requested a variance to allow a 53 square-foot sign to be placed on the north side of the building. Mr. Leek said City code allows fora 15 square-foot sign. The Board voted to approve the conditional use and denied the variance request. Mark Allison of WAM Fitness, Plymouth, MN addressed Council and stated that for Snap Fitness to be successful, adequate advertisement needs to be in place. One way of accomplishing advertisement is to place signage on the backside of the facility facing Highway 101. Mr. Allison stated that a 15-square foot sign is not' adequate signage to attract customers. Mr. Steve Dombrovsky of Suntide88 Commercial Realty who is the leasing agent of the River City Centre property addressed Council. 1V1r. Dombrovsky agrees with Mr. Allison that the 15- square foot signage would not be adequate to attract the business that Mr. Allision is seeking. Mr. Dombrovsky asked that the Council consider signage at 32-square feet like "Adecco". Clay/Joos moved upholding the determination of the Board of Adjustment and Appeals and direct staff to prepare a resolution denying the variance request for WAM Fitness on the north side of River City Centre. Motion carried 4-1 which Cncl. Lehman dissenting. Lehman/Clay moved to recess for five minutes. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:40 p.m. Kris Wilson, Assistant City Administrator, presented Council with the Attendance Policy for Advisory Boards and Commissions. Ms. Wilson stated that in a previous Council meeting staff was asked to investigate whether the attendance policy and term limits established for the City's advisory boards and commissions were all consistent with one another. Ms. Wilson stated that the City Clerk reviewed language for each of the City's boards and commissions and found that all boards and commissions were subject to the same term limits and all have the same attendance policy, except for the Telecommunications Advisory Commission (TAC). Official Proceedings of the Apri18, 2008 Shakopee City Council Page -7- Ms. Wilson recommended that the Council should amend the establishing resolution for the TAC to delete the attendance policy, which would result in the TAC falling under the attendance policy found in the guidelines for boards and commissions the way all the other boards and commissions currently do. Lehman/Clay offered Resolution No. 6760, a Resolution Amending Resolution No. 5655, which established the Shakopee Telecommunications Advisory Commission, and moved its adoption. Motion carried 5-0. Mr. McNeill presented Council with a date change for the April 15, 2008 Council meeting. Mr. McNeill stated that because there is a light agenda developing for the April 15, 200$ meeting, staff recommended moving the next City Council meeting to Tuesday, April 22, 2008 at 7:00 pm. Lehman/Heitzman moved to approve rescheduling the April 15, 2008 City Council meeting to Tuesday, Apri122, 2008 at 7:00 p.m. Motion carried 5-0. Mayor Schmitt asked for liaison reports. Cncl. Lehman stated he attended the Chamber meeting. At that meeting, they are requesting a change to the City's sign ordinance in the area of electronic signage. Cncl. Lehman gave the request to Mr. Leek for him to review. Cncl. Lehman stated that he also attended the Police Master Planning Task Force meeting. Cncl. Lehman said that he is now a part of asub-committee that will be distributing a survey they developed with the Captains of the police department. Cncl. Joos and Cncl. Heitzman had nothing to report. Cncl. Clay stated that he attended the Transit Review Board meeting. He said that because the legislation is in session many things are being discussed and will bring forward any new information once the legislation ends their session. Joos/Heitzman moved to adjourn to Tuesday, April 22, 2008 at 7:00 p.m. Motion carried 5-0. The meeting was adjourned at 9:10 p.m. v~~ ~ , dith S. Cox ity Clerk Kim Weckman Recording Secretary