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HomeMy WebLinkAbout5.F.2. Approval of Minutes: June 03, 2008 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 3, 2008 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Pat Heitzman, Matt Lehman, Terry Joos and Steve Clay. Also present were Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Jeff Tate, Police Captain; and Gregg Voxland, Finance Director. The Pledge of Allegiance was recited. Mayor Schmitt asked ifthere were any additions or deletions to the agenda. There were none. Clay/Joos moved to approve the agenda as amended. Motion carried 5-0. In the Mayor's Report Mayor Schmitt said he attended the Memorial Day commemorations at Memorial Park. Mayor Schmitt asked if there were any additions or deletions to the consent agenda. Cncl. Lehman asked to remove item S.C. I, Agreement with Metropolitan Council for Partnership in 2008 Citizen Assisted Monitoring Program (CAMP) for Lakes. Mr. McNeill asked to add to Consent 12.B., MUSA Expansion and Rezoning ofD.R. Horton for property located south of Hwy 169, west ofCSAH 15 and north ofCSAH 78 - Ord. No. 799 and Res. No. 6780., B.B.l, Set Work Shop Date for Police Services Master Planning Task Force Findings for June 12,2008; and B.F.l, Set Work Shop Date for Budget Discussion with Springsted, Inc. for June 16,2008. Lehman/Heitzman moved to approve the Consent Agenda as amended. Mayor Schmitt asked Mr. McNeill to read the Consent Agenda. Motion carried 5-0. Lehman/Heitzman moved to declare the Ruger M77 rifle and scope as surplus property to be sold to the Sport Stop for $600 with proceeds going towards the purchase of a new sharp shooting rifle. (Motion carried under the Consent Agenda) Lehman!Heitzman moved to declare the 1992 Nissan Maxima, VIN: JNIHJ01PXNT604028, the 1998 Ford Van, VIN: IFPE2427WHB82524 and the 2000 Ford Ranger, VIN: lFTZR15V6YPB62743 as surplus property. (Motion carried under the Consent Agenda) Lehman!Heitzman moved to grant full-time regular status to Scott Blom as a Maintenance Operator and to Jesse Abraham as a Mechanic's Apprentice with the Public Works Department. (Motion carried und~r the Consent Agenda) Lehman!Heitzman offered Resolution 6783, a Resolution Adopting a Personnel Handbook for Part-Time, Temporary and Seasonal Employees of the City of Shako pee, and moved its adoption. (Motion carried under the Consent Agenda) Lehman!Heitzman moved to approve the attached revised job description for the position of Fire Department Office Service Worker. (Motion carried under the Consent Agenda) (CC Document No. 457) Official Proceedings of the June 3, 2008 Shakopee City Council Page -2- LehmanlHeitzman moved to approve the bills in the amount of $640,304.16. (Motion carried under the Consent Agenda) LehmanlHeitzman moved to approve the minutes of May 6, 2008. (Motion carried under the Consent Agenda) LehmanlHeitzman moved to approve the applications and grant an On Sale or Off Sale 3.2 Percent Malt Liquor License, condition upon compliance with all licensing requirements to: . Magnum Management dba ValleyFair, One Valley Fair Drive - On Sale . Raceway Park, One Checkered Flag Boulevard - On Sale . Shakopee Jaycees Inc., Joe Schelper Stadium Tahpah Park- On Sale . Sky Ventures LLC dba Pizza Hut, 257 Marschall Road - On Sale . Dangerfield's Restaurant, Inc. dba Fajita Republic, 1555 1st Ave. E - On Sale . Asian Hon, Inc., 1135 1st Ave. E - On Sale . Wal-Mart Stores Inc., 8101 Old Carriage Court - Off Sale . Holiday Station Store, 444 1 st Ave. E - Off Sale . Holiday Station Store 1381 Greenwood Court - Off Sale . Holiday Station Store, 8002 Old Carriage Court - Off Sale . Holiday Station Store, 3901 Eagle Creek Boulevard - Off Sale . Shakopee 1997 LLC dba Cub Foods, 1198 Vierling Dr. E - Off Sale . Speedway Super America LLC, 1298 Vierling Dr. E - Off Sale . Speedway Super America LLC, 1155 1 st Ave. E - Off Sale . Speedway Super America, 1195 Canterbury Rd. - Off Sale . Kwik Trip Inc., 1522 Vierling Dr. E - Off Sale . Kwik Trip Inc., 8225 Crossings Boulevard - Off Sale . Sam's West, Inc. 8201 Old Carriage Court - Off Sale (Motion carried under the Consent Agenda) LehmanlHeitzman moved to approve the application(s) and grant an Off Sale, On Sale, Sunday, and/or Club Intoxicating Liquor License(s), conditioned upon compliance with all licensing requirements to: . AFFC, Inc. dba Arnie's Friendly Folks Club, 122 1st Ave. E - On Sale and Sunday . Applebee's Restaurants North, LLC, dbaApplebee's, 1568 Vierling Dr. E - On Sale and Sunday . Bretbecca, Inc. dba Pullman Club, 124 1st Ave. W - On Sale, Sunday and Off Sale . Babe's Place, Inc., 124 Holmes St. S - On Sale, Sunday and Off Sale . Canterbury Park Concessions, Inc., 1100 Canterbury Rd. - On Sale, Sunday and Off Sale . ERJ Dining IV, LLC dba Chili's Grill & Bar, 8098 Old Carriage Ct - On Sale and Sunday . Chipotle Mexican Grill of Colorado LLC, 8094 Old Carriage Ct. - On Sale and Sunday* . Dangerfield's Restaurant, Inc., 1583 1st Ave. E - On Sale and Sunday* . El Toro of Shakopee, Inc., 1120 1 st Ave. E - On Sale and Sunday . Great Lakes, Inc. dba Shakopee Ballroom, 2400 4th Ave. E - On Sale and Sunday . Pablo's Mexican Restaurant, Inc., 230 Lewis St. S. - On Sale* . RAM Arizona's, LLC, 1244 Canterbury Rd. - On Sale and Sunday* Official Proceedings of the June 3, 2008 Shakopee City Council Page -3- . RT Minneapolis Franchise LLC dba Ruby Tuesday, 4135 Dean Lakes Blvd. - On Sale and Sunday* . Saba Entertainment, LLC, 911 1 stAve. E - On Sale and Sunday* . Stonebrooke of Shakopee, Inc., 2693 County Rd. 79 - One Sale and Sunday . Turtle's Bar and Grill, Inc., 132 1st Ave. E - On Sale and Sunday . Annward, Inc. dba Wine Styles, 8076 Old Carriage Ct. - Off Sale . Crossroads Liquor of Shakopee, LLC, 1262 Vierling Dr. E. - Off Sale . Hoang's Southside Liquore's, Inc., 1667 1st Ave. E - Off Sale . Riverside Liquors, Inc., 507 1 st Ave. E - Off Sale . Roseen & Roseen, Inc. dba MGM Liquor, 471 Marschall Rd. - Off Sale . Sam's West, Inc., 8201 Old Carriage Ct. - Off Sale . Valley Liquor, Inc., 11 04 Minnesota Valley Mall - Off Sale . Dennis G. Wells dba Minneapolis Wine Cellars, 4041 Dean Lake Blvd. - Off Sale . American Legion Club Post #2, 1266 1st Ave. E - Sunday and Club . Fraternal Order of Eagles #4120, 220 2nd Ave. W - Sunday and Club* . Knights of Columbus Home Association, Inc., 1760 4th Ave. E - Sunday and Club . VFW Post #4046, Inc. 1201 3Td Ave. E - Sunday and Club* *licenses include outside dining and drinking. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to waive the requirement ofthe City Code Section 5.02, Subd. 9 for Dangerfield's Restaurant Inc., Stonebrooke of Shakopee, Inc., and for Knights of Columbus Home Association, Inc. (Motion carried under the Consent Agenda) Lehman/Heitzman moved that, consistent with previous approval, the following conditions. are placed on the approval of the licenses for Saba Entertainment, LLC dba Saba's Sports Bar and Grill: . The extended 648 square foot area of the license which includes the deck shall be closed on a daily basis to the public at sunset and no sale or consumption of food or beverages is allowed on the deck after sunset. . The doors to the extended deck license area shall remain closed at all times after sunset except in the case of an emergency. . Applicant's failure to comply with any of these conditions shall be grounds for suspension or revocation ofthe license by the City Council. (Motion carried under the Consent Agenda) Lehman/Heitzman moved that, consistent with previous approval, the following condition is placed on the approval of the licenses for VFW Post #4046, Inc.: No alcohol possession or consumption in the patio area shall occur after 11 :00 p.m. (Motion carried under the Consent Agenda) LehmanJHeitzman moved to approve the applications and grant an On Sale and Sunday On Sale Intoxicating Liquor License to Marcelo Corona Zausa dba EI Korita Restaurant, 815 West 1 st Ave., conditioned upon compliance with all licensing requirements. (Motion carried under the Consent Agenda) Official Proceedings ofthe June 3, 2008 Shakopee City Council Page -4- Lehman/Heitzman moved to approve the application and grant a Sunday On Sale Intoxicating Liquor License to Pablo's Mexican Restaurant, 230 South Lewis Street, effective July 1, 2008. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to proceed with Harris Services by authorizing the "letter of intent" to perform the comprehensive technical study for energy savings at the Community Center and Fire Station 51. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to direct staff to prepare an amendment to the City Code to increase the purchasing threshold for quotations from $1 0,000 to $15,000 and to follow state law for the threshold for formal bidding. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the application and grant a temporary on-sale liquor license to the Fraternal Order of Eagles #4120,220 2nd Avenue West, for June 21,2008 conditioned upon meeting all1icensing requirements. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6780, A Resolution Approving a Request to Amend the Comprehensive Plan to Extend MUSA to Property Annexed from Jackson Township; and moved its adoption; and, offered Ordinance No. 799, Fourth Series, An Ordinance Approving a Request to Zone Property to Urban Residential (R-IB), Medium Density Residential (R2), and Highway Business (B 1) Zone, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to schedule a work session with the Police Services Master Planning Task Force at 7:00 p.m., Thursday, June 12, 2008. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to establish a workshop date to consider City Task Prioritization to be held at 6:30 p.m., June 16,2008. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience who wished to be heard on a subject that was not on the agenda. No one responded. Joos/Clay moved to open the public hearing for Vacation of Easements within Evergreen Heights. Motion carried 5-0. Mr. Leek presented Council with the request from Gregory McClenahan, on behalf of Evergreen Heights Townhomes Limited Partnership, to consider the vacation of easements within Evergreen Heights to allow for the construction of a maintenance building. Mr. Leek said the applicant has worked with City staff and Shakopee Public Utilities Commission (SPUC) on the proposed easements submitted with the plat application of proposed Evergreen Heights Second Addition. Planning Commission recommended approval due to the easements in the second addition. Mayor Schmitt asked if anyone in the audience wished to speak at the public hearing. No one responded. Clay/Joos moved to close the public hearing. Motion carried 5-0. Official Proceedings of the June 3, 2008 Shakopee City Council Page -5- Clay/Heitzman offered Resolution No. 6781, a Resolution Vacating Easements within Evergreen Heights, and moved its adoption. Motion carried 5-0. Mayor Schmitt asked to discuss items removed from the agenda. Cncl. Lehman stated that he removed 5.C.1, Citizen Assisted Monitoring Program (CAMP) for Lakes from the consent agenda. He questioned the sampling dates for O'Dowd and Dean Lakes and asked for clarification on the dollar amount, is it per sampling or for all samplings. Mr. McNeill said it was $1,100/yr. for all samplings. Cncl. Lehman also asked how CAMP came up with 14 samplings. Mr. McNeill stated he would have to research the answer and get back to Council. LehmanlHeitzman moved to approve the Intergovernmental Agreement between the Metropolitan Council and the City of Shakopee for partnership in the 2008 citizen assisted monitoring program (CAMP) for lakes. Motion carried 5-0. Mayor Schmitt asked for Council liaison reports. Cncl. Clay said he attended the Transit committee meeting. Mr. Leek said he attended the Transit meeting with Mr. Clay. Mr. Leek said that the Transit Review Board sent out letters inviting other cities in Scott County to participate. Cncl. Heitzman said he attended the Downtown Partnership meeting. Discussed was the Valley Rally scheduled for July 18,2008. Cncl. Joos attended SPUC meeting and will be doing a shut down of one of the substations for a test. Cncl. Lehman had nothing to report. Mr. Leek presented Council with the Preliminary and Final Plat of Evergreen Heights Second Addition. Mr. Leek said the subject site is approximately 6 acres, and is are-plat of Lot 2, Block1, Evergreen Heights, and the adjacent lot purchased from MnJDOT (remnant right-of-way parcel). The purpose for the re-plat is to combine these two parcels, thereby allowing the applicant to construct a storage structure on that portion ofthe property: Mr. Leek said the Planning Commission reviewed the preliminary plat and recommended approval of the preliminary plat application, subject to conditions. Mr. Greg McClenahan, 5212 Hope St., Prior Lake, the applicant for Evergreen Heights, to reconsider that the $2,100 plat fee be reduced or eliminated. Mr. McClenahan stated the vacation of the easement was to build a maintenance shed that happened to cross two plated property lines which he owns. He felt the $2,100 was very expensive for a simple process. Joos/Heitzman offered Resolution No. 6782, a Resolution Approving the Preliminary and Final Plat of Evergreen Heights Second Addition, and moved its adoption. Motion carried 5-0. Joos/Lehman directed staffto work with Mr. Vox land to review information on costs associated with the Evergreen Heights Second Addition and come back to Council with the information. Motioned carried 4-1 with Cncl. Clay opposed. Mr. Leek presented Council with the request of Leroy Graunke to Address Council regarding the Lost Harbor Institute (Lost Harbor) Residential Facility at 729 Dakota Street South. Official Proceedings ofthe June 3, 200S Shakopee City Council Page -6- Mr. Leek said that Lost Harbor Institute is a DHS licensed residential facility for up to six males between the ages of 16-21. Mr. Leek said that representatives of Lost Harbor have stated they are leasing the property at 729 Dakota Street S. with the intentions offmding a permanent location in the future. Mr. Leek said that representatives of Lost Harbor requested an inspection ofthe residence by the building officials and the fire inspector. The building inspector and the fire inspector asked for a few minor changes in the home which Lost Harbor complied with correcting. Mr. Leek said that on April 3, 200S, the City received a letter from the Minnesota Department of Hwnan Services (DHS) asking the City to verify that the address 729 Dakota Street S. was in compliance with local zoning ordinances. Mr. Leek stated by Minnesota State Statute a residential facility is permissible in the R.e.l zone ofthe City Code Sec. I 1.30, Old Shakopee Residential Zone. A letter from the City dated April 14, 200S was sent to DHS advising them of this. Mr. Leek stated he and other City staff have received several inquiries and/or complaints from residents regarding the use of the property. Mr. Thomson, City Attorney, gave background history to Minnesota State Statute Sec. 245A.11, Subd. 2, permitting single-family residential facility uses in neighborhoods. Mayor Schmitt asked ifthere was anyone in the audience that wished to speak on the matter. Mr. Leroy Graunke, 925Sth Ave., Shakopee addressed Council. Mr. Graunke asked why the neighborhood was not notified of this facility occupying the house at 729 Dakota St. Mr. Graunke's other concern is that the residential facility is a business and not used as a residence and should not be permitted. Mr. Leek suggested that the concerned neighbors contact Lost Harbor to answer the questions they have since the City can not answer specific questions regarding the criteria and operation of Lost Harbor. Darlene Kiefer, 911 8th Ave., addressed Council stating that she is concerned about the nwnber of people that will occupy the residence. She said it's a small house and doesn't believe it can house six residence. Ms. Kiefer also said she is very concerned for her safety as well as the other neighbors with Lost Harbor occupying a house in their neighborhood. Earl Fleck, 942 7th St. E., addressed Council with his concerns. Mr. Fleck sited several Minnesota Rules that he feels Lost Harbor is not in compliance with regarding the group home. Mr. Fleck said he would like the City to follow up in verifying the information of the violations he believes Lost Harbor is not in compliance with at this time. . Mr. Thomson suggested that a meeting be set up with Lost Harbor, with representatives from the neighborhood as well as representatives from the Council. Official Proceedings of the June 3, 2008 Shakopee City Council Page -7- Lehman/Heitzman directed staff to contact Lost Harbor to set up a meeting with representatives from the neighborhood, Cncl. Joos and Cncl. Lehman and City staff Also, work with the League of Minnesota Cities to research a change to the State Statute that allows the cities to have the opportunity to have a process in place for the community to provide feedback to institutes who want to occupy residential housing in neighborhoods. Motion carried 5-0. Mayor Schmitt asked if there were any Council concerns or other business. Cncl. Heitzman had concerns for a program aired on public access called Twisted T.V. Cnel. Heitzman stated the language was to strong for public access. He said it airs on Thursdays at 10:30 p.m. Lehman!Heitzman moved to adjourn to Thursday, June 12,2008 at 7:00p.m. Motion carried 5-0. The meeting was adjourned at 8:41 p.m. ~ J.C1-- 61th s. Cox City Clerk Kim Weckman Recording Secretary