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HomeMy WebLinkAbout4.F.2. City Council Minutes Consent Business 4. F. 2. SI-IAKOPE E TO: Mayor and City Council FROM: Lori Hensen, City Clerk DATE: 09/15/2015 SUBJECT: City Council Minutes (F) Action Sought Approve the City Council minutes from September 1, 2015. Attachments: September 1, 2015 DRAFT OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION LOCATION Council Chambers City Hall 129 Holmes Street South September 1,2015 SHAKOPEE MINNESOTA 7:00 p.m. 1. Roll Call Present: Mayor Brad Tabke;Councilmember Matt Lehman;Councilmember Jay Whiting; Councilmember Kathi Mocol; Councilmember Mike Luce Staff City Administrator Bill Reynolds; Assistant City Administrator Kris Wilson; Public Works Present: Director/Engineer Bruce Loney; City Attorney Jim Thomson; City Clerk Lori Hensen; Senior Planner Kyle Sobota; Interim Finance Director Jean McGann 2. Pledge of Allegiance 3. Approval of Agenda Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to approve the Agenda. Vote: 5 -0 4. Consent Business-(All items listed in this section are anticipated to be routine.After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Item 4.C.4.,Approve the request for extended work hours for the CSAH 83 Culvert Improvements Project 2015-3,was removed by Cncl.Luce for further discussion. Item 4.E.2.,Authorizing the payment of Park Dedication Fees over three years for the St.Mary's Henderson addition,Resolution 7606,was removed by Cncl. Lehman for further discussion. Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to approve the Consent Agenda as amended. Vote: 5 -0 A. Community Development B. Police and Fire 1. Animal Control Contract(D) Motion to authorize the appropriate city staff to enter into a three year agreement with 4 PAWS Animal Control LLC for the City's animal control services. (Motion carried under the Consent Agenda) C. Public Works and Engineering 1. Accept Work for the Valley Park Business Center Improvements Project 2013-6,Res.No. 7603 (E) Motion to approve Resolution No. 7603,A Resolution Accepting Work on the Valley Park Business Center, Project No.2013-6,and move its adoption.(Motion carried under the Consent Agenda) 2. Authorize an Extension Agreement for SEH,Inc. Construction Services on the Sewer Lateral Pipe Rehabilitation Project(E) Motion to authorize the appropriate city officials to execute an extension agreement with SEH,Inc. for construction services on the Sewer Lateral Pipe Rehabilitation Project No.2015-4. (Motion carried under the Consent Agenda) 3. Approve Plans and Order Advertisement for Bids for the Patterson Drive Storm Sewer Improvements Project No. 2015-8,Res.No.7605(E) Motion to approve Resolution No 7605 ,A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Patterson Drive Storm Sewer Improvements Project No. 2015-8, and move its adoption. (Motion carried under the Consent Agenda) 4. Approve Request for Extended Work Hours for the CSAH 83 Culvert Improvements Project 2015-3 (D,E) Moved by Councilmember Matt Lehman,Seconded by Councilmember Kathi Mocol to approve a suspension of City Code Sec. 10.60,Noise Elimination and Noise Prevention, Subd. 3,Hourly Restrictions on Certain Operations,D, allowing work 24 hours a day as necessary to complete the Jacking under CSAH 83,and directing staff to publish notice of the suspension terms with the conditions as recommended by staff. Vote: 5 -0 Discussion: Cncl. Lehman stated that this is a very important project that needs to be completed quickly. Cncl. Whiting stated that he agrees with Cncl.Lehman that this is an important project that needs to be completed. Mr. Loney stated that is the project is delayed there could be issues with the soil,and other potential concerns. 5. Ordering the Preliminary Engineering Report for the 2016 Reconstruction Project No. 2016-1,Res. No. 7604(E) Motion to approve Resolution 7604,which orders a Preliminary Engineering Report for the 2016 Street Reconstruction Project;authorize the appropriate City officials to execute an Agreement with ITCO Allied Engineering Company to perform soil borings;and authorize the appropriate City officials to execute an Agreement with WSB&Associates,Inc.to perform engineering services. (Motion carried under the Consent Agenda) 6. Authorize to Execute an Encroachment Agreement for the Placement of Dakota Highlands 1st Addn. Fountains(F) Motion to authorize the appropriate City officials to execute the attached encroachment agreement allowing the placement of up to two (2)fountains in the Dakota Highlands 1st Addition storm water basin. (Motion carried uncle rthe Consent Agenda) 7. 2015 Trail Sealcoat Project(A, E) Motion to accept the quote from Gopher State Sealcoat,Inc. for the price of$25,684.10 and authorize staff to proceed with the 2015 Trail Sealcoat Project.Funds to be expended from the 2015 Park Maintenance Budget. (Motion carried under the Consent Agenda) 8. Purchase 2015 John Deere 1570 Mower(E) Motion to approve the purchase of I (one)new John Deere 1570 with Mower, Snow Blower and Cab from Ag Power Enterprises,Inc. for the price of$20,129.82 with trade.Funding to be expended from the Capital Equipment Internal Service Fund. (Motion carried under the Consent Agenda) D. Personnel 1. Approval of Position Description for Director of Planning&Development Motion to approve the position description for the position of Director of Planning and Development and authorize its placement in Grade 12 of the City's Non-Union Pay Plan. (Motion carried under the Consent Agenda) E. Parks and Recreation 1. Authorize Street Closures, Rule Waiver and Various In-Kind Contributions to Main Street Shakopee (D) Motion to approve the requested street closures,rule waivers and various in-kind donations to the 2015 Move and Make on Main,and allow open intoxicants within the event area during the stated event hours. (Motion carried under the Consent Agenda) 2. Authorizing the Payment of Park Dedication Fees over Three Years for the St. Mary's Henderson Addition,Resolution No. 7606(B) Cncl.Lehman asked that this item be removed for further discussion.The CDA is asking the Council to authorize the payment of Park Dedication Fees over three years for the St. Mary's Henderson Addition. Representatives from Scott County CDA have requested a three year 0%repayment of the park dedication fees required.City Code Section 12.34 states that park dedication fees are required at the time of recording of the final plat. Council approval is required to allow a process different than the code requirement. The yearly payment for three years would total$75,650.00. Cncl.Lehman asked that the item be removed from Consent and stated that he believes this is going against City policy,and he is not in favor of it. Discussion: Cncl.Whiting stated that he agrees that adopting this Resolution would go against the City policy. Bill Jaffa, Executive Director of the CDA,addressed the Council and explained why the request has been made. He stated that he is not asking for the fees to be waived,just asking for the ability to pay it off over 3 years. Mayor Tabke asked what would happen to the project if the request was denied.Mr. Jaffa stated that everyone is commited to the project,and that they will find a way. Cncl Lehman stated that the City has been a great partner to the CDA, but he does not feel that the City is in a position financially to help at this time. Cncl.Mocol stated that the project will provide much needed housing for people wanting to move into Shakopee. Mr.Jaffa stated that the CDA would be willing to pay the fees in 2 years rather than 3 years if it was preferable to the Council. Cncl. Whiting stated that he would be willing to work with the CDA on a two year pay back term. Cncl. Lehman recommended tabling the item and requesting that staff make a policy change requiring a 2 year back. Mr. Thomson informed the Council that a policy change would not work in this situation. Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to adopt Resolution No. 7606,A Resolution of the City of Shakopee Authorizing the Payment of Park Dedication Fees over two years for the St. Mary's Henderson Addition,at 0%interest with the first payment due at the recording of the final plat. Vote: 3 -2 Opposed: Councilmember Matt Lehman Councilmember Mike Luce F. General Administration 1. City Bill List(F) Motion to approve the bills and electronic funds transfers in the amount$940,783.01 payroll transfers in the amount of$491,279.89 for a total of$1,432,062.90. (Motion carried under the Consent Agenda) 2. City Council Minutes(F) Motion to approve the Minutes from August 18,2015.(Motion carried under the Consent Agenda) 3. Contract Award for Library Caulking Motion to authorize the expenditure of no more than$94,000 from the General Government Buildings Internal Service Fund for the recaulking of the library exterior and authorize the appropriate officials to enter into a contract with The Caulkers Company,Inc.to complete the work,pending the provision of the appropriate payment and performance bonds and proof of insurance. (Motion carried under the Consent Agenda) 4. City Organizational Structure(E) Motion to approve the structure as outlined with the concurrent implementation plan. Staff will bring forward necessary actions to implement the structure to include approval of the Deputy City Clerk appointment,and the establishment of the new Administrative Assistant,Human Resources Manager and Planning Manager positions. (Motion carried under the Consent Agenda) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL-(Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) No one responded. 6. Public Hearings: A. Zoning Text Amendment to Section 11.36,Highway Business(B-1)Zone regarding Vehicle Sales, Service, and Repair Moved by Councilmember Jay Whiting,Seconded by Councilmember Mike Luce to open the Public Hearing. Vote: 5 -0 Mr. Sobota presented a Zoning Text Amendment to Section 11.36,Highway Business(B-1)Zone regarding Vehicle Sales, Service,and Repair.The Council is asked to conduct a public hearing regarding proposed Ordinance No. 912, an ordinance amending City Code Section 11.36,Highway Business(B-1)regarding vehicle sales, service,and repair,and then take the desired action. At this time there are 11 vehicle sales operations in the First Avenue Corridor and 16 in the B-1 zone.Vehicle sales,with conditions,are also permitted as a conditional use in the I-1,Light Industry zone. Staff recently published a public hearing notice and notified both the property owners and operators of vehicle sales operations in the Highway Business Zone about the proposed amendment. At the time of writing this report, staff has heard from one of the operators and that operator is comfortable with changes to the regulations,provided they will be able to continue to operate their business as they do today. The operator also mentioned that he felt there were too many used vehicle sales operations in Shakopee. Mr. Sobota stated that Planning staff frequently respond to inquiries from realtors and prospective dealers about opening additional used car lots in Shakopee,sometimes receiving multiple inquiries on the same day.At this time,any property zoned B-1,Highway Business is eligible for vehicle sales operations with a conditional use permit. None of the suggested conditions outside the landscaped buffer of 100'from a residential zone limit the potential properties that a vehicle sales or service operation could operate on. All properties fronting First Avenue West and East, except the north side of 500 block of First Avenue East,are greater than 100'from a residential zoned property.Although most dealers comply with the zoning ordinance and their conditional use permits,Planning staff routinely spend a greater amount of time the enforcing the zoning ordinance and conditional use permit conditions against vehicle dealers when compared to other businesses. The complaints typically involve vehicles parked on grass, excess signage, storage of unlicensed/inoperable vehicles, and outside storage of vehicle parts such as old tires. If the City Council approves a change to the City Code,existing dealers would become legal, non-conforming uses and would be permitted to continue operating. State Statute and City Code both govern legal,non-conforming uses,which allows the dealers to continue to operate under their current conditional use permits. The State Statute governing non-conforming uses was revised in 2004,which triggered a revision to City Code to allow more flexibility for non-conforming uses. Prior to 2004, a non-conforming use was not permitted to rebuild if the structures associated with the use were damaged greater than 50%of the value. Current City Code and State Statute allows owners of non-conforming uses to rebuild a structure completely destroyed by storms, fire,and even if the owner chooses to raze their building, as long asa building permit is applied for within 180 days of the building being destroyed. Cncl. Lehman expressed multiple concerns regarding the proposal. Mayor Tabke stated that in order to allow new businesses to move into the 101 corridor,the number of car lots needs to be limited. Cncl. Luce proposed an indefinite moratorium on new car lots opening in the area. Mr.Thomson responded that State law says that moratoriums can only be in place for one year. Cncl. Whiting stated that the goal is to enhance the downtown area and make it better. Bill Mars,expressed questions and concerns to the Council and Staff. Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to close the Public Hearing. Vote: 5 -0 Discussion: Cncl Whiting stated that the goal is to try to create future growth in the downtown area. Cncl.Mocol stated that some developers are holding back from opening news businesses downtown due to the number of car dealerships. Cncl.Lehman stated that he feels the long term effect will be that only dealerships will be allowed to sell used cars because of this change. Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to adopt Ordinance No.912,an ordinance amending City Code Section 11.36, Highway Business(B-1) regarding vehicle sales, service and repair. Vote: 3 -2 Opposed: Councilmember Matt Lehman Councilmember Mike Luce 7. Business removed from the Consent Agenda will be discussed at this time See items:4.C.4. and 4.E.2. 8. Workshop Discussion A. Shakopee Train Safety/Quiet Zone Workshop(E) Mr. Loney addressed the Council to discuss strategies moving forward on the Train Safety/Quiet Zone Study. The City of Shakopee hired SRF Consulting Group to conduct a Train Safety/Quiet Zone Study. This study has been proceeding with a June 30,2015 Diagnostic Meeting with representatives from Union Pacific,Federal Railroad Administration,MnDOT and the City. Also there have been two meetings with the Railroad Safety Committee whose members include Councilors Luce and Lehman,city administrator and city engineer. Mr. Loney asked the Council to discuss the Train Safety/Quiet Zone Study process and scenarios and provide direction to the strategies moving forward. Potentially a significant cost depending on what scenario is selected and Railroad cost participation. Andy Mielke, SRF Consulting,presented the Council with the requirements for implementing a Quiet Zone with the Council. Chris Ryan, SRF Consulting presented steps to implement the requirements to the Council.The Council members discussed various Quiet Zone scenarios,including closing crossings,in order to narrow down which scenarios it would Iike SRF to continue exploring moving forward.After a discussion,the Council agreed to keep all options on the table.The final study is anticipated to be completed in winter 2016. B. West End Land Use Study Presentation The City's consultant,HKGI, has met with property owners,developers and real estate brokers,and City, County,and MnDOT staff on the land use study commissioned for land on the western edge of the city. Two concepts have been developed by the consultant,reviewed at a staff level and revised based on staff feedback.The concepts are presented merely as concepts, not actual plans. Mr. Hargis presented 2 concepts to the Council. Concept 1 generally involves planning and guiding land for more immediate market utilization. Concept 2 has a greater amount of amenities, such as trails and parks,and allows for the potential of a parkway along the bluff area serving the residential area. Mr. Hargis reviewed Commercial Uses, Residential Uses,Parks and Open Space, and Traffic and Circulation. Craig Jensen, Soctt County Highway Department,presented details for extending County Roads into the West End. After much discussion,the Council members shared input on their preferences for future land uses in the current West End Land Use Study. The Council favored a mix of retail,housing and parks and amenities, choosing pieces of both concepts presented by HKGI. Mr. Hargis stated that the next steps will include presenting the concept to property owners and City boards and commissions for feedback and bringing the information back to the City Council for further review. Mr. Sobota asked if the Council had a consensus regarding the Bluff Area,the Council members agreed on Concept 2. They also agreed on Concept 1 for the 169/69 area of the study. C. Update on 2016 Preliminary Levy&Budget Ms. McGann presented an update on the City's 2016 preliminary levy and operating budget and asked them to provide any desired direction to staff in advance of the issue coming up for a vote at the September 15 City Council meeting. The City recently received updated information regarding its likely fiscal disparities contribution and distribution for calendar year 2016. Several adjustments have also been made to the City's staffing plan for 2016, resulting in some cost savings to the proposed budget. 9. Other Business Cncl. Luce expressed concern about lack of communication of meetings to all Council members. Cncl.Whiting responded that as long as there are no more than two Council members present at the meetings, there is not a conflict. Cncl. Luce also expressed concern about children being watched by staff during meetings attended by elected officials. Mayor Tabke responded that he has small children and unfortunately daycare is not always available. Mayor Tabke updated the Council on School Board Member Mary Romansky's condition,and that she was well enough to go home from the hospital. 10. Adjourn to September 15, 2015 at 7:00 p.m. Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to adjourn. lVote: 5 -0 Lbri Hensen '1 Acting C Clerk • Heidi Emerson Recording Secretary