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HomeMy WebLinkAbout6/17/2014 \ �� �i OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE MINNESOTA June 17,2014 l. Roll Call Present: Mayor Brad Tabke; Councilmember Kathi Mocol; Councilmember Mike Luce; Councilmember Jay Whiting Absent: Councilmember Matt Lehman Staff City Administrator Mark McNeill;Assistant City Administrator Kris Wilson; Community Present: Development Director R Michael Leek;Public Works Director/Engineer Bruce Loney; City Attorney Jim Thomson; Police Chief Jeff Tate;Finance Director/City Clerk Julie A Linnihan; Economic Development Coardinator Samantha DiMaggio 2. Pledge of Allegiance 3. Approval of Agenda Moved by Councilmember Kathi Mocol, seconded by Councilmember Jay Whiting Vote: 4-0 4. Consent Business-(All items listed in this section are anticipated to be routine.After a discussion by the Mayor there will be an opporiunity 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.) Mr. McNeill noted the updated memos on the table for items 4.F.2,Acceptance of the Downtown Flower Basket Donations-2014 Donations;Res.No. 7456, and 4.F.5,Adoption of City Council Overarching Goals,Nos.4 and 5. Moved by Councilmember Jay Whiting, seconded by Councilmember Mike Luce as amended. Vote: 4-0 A. Community Development 1. Offer Resolution No. 7457, a resolution approving the Preliminary and Final Plat of Dakota Highlands First Addition, subject to the conditions as presented. (Motion carried under the Consent Agenda) 2. Offered Resolution No. 7458,a resolution setting the public hearing date to consider the vacation of a drainage and utility easement. (Motion carried under the Consent Agenda) B. Police and Fire C. Public Warks and En�ineering 1. Moved to approve a motion determining the existing overhead power lines on CR 79 that are to be relocated on the mini roundabout project, shall be placed underground. (Motion carried under the Consent Agenda) \ . � �� 2. Moved to authorize staff to advertise for bids for the purchase of one new Air-boat and Trailer for the Fire Department. (Motion carried under the Consent Agenda) 3. Moved to approve the purchase of one new cab and chassis from Boyer International Trucks for the price of$70,690.90 and one new aspbalt patching box with accessories, installation and trade from Ruffridge-Johnson Equipment Co., Inc. far the price of$61,511.00. Funds for this purchase are to be expended from the Capital Equipment Internal Service Equipment Fund. (Motion carried under the Consent Agenda) D. Personnel E. Parks,Recreation and Natural Resources F. General Administration 1. Moved to approve the bills in the amount of$1,510,391.70 electronic transfers in the amount of$466,261.78 far a total of$1,976,653.48. (Motion carried under the Consent Agenda) 2. Offered Resolution No. 7456,A Resolution of the City of Shakopee,Minnesota, accepting the cash donations for the 2014 Downtown Flower Basket Project, and to authorize a payment of $4055.91 to Earl Holasek Greenhouses. (Motion carried under the Consent Agenda) 3. Moved to not waive the monetary limits on the tort liability coverage for the upcoming League of Minnesota Cities Insurance Trust(LMCIT)property and liability insurance renewal. (Motion carried under the Consent Agenda) 4. Moved to approve the application,and grant a Taxicab Business License to Getahun Haile,257 Arabian Avenue East, for one vehicle. (Motion carried under the Consent Agenda) 5. Moved to adopt the following two additional overarching organizational goals: 2. Follow consistent practices for consideration of economic incentives to provide opportunities to wark in Shakopee;4. Create or amend City documents that are concise,use plain language, and are accessible to all; 5. Create efficiencies through a culture of technology and training,which expects continuous improvements and no less than the highest levels of customer service. (Motion carried under the Consent Agenda) 6. Moved to approve the various requests of the 2014 Shakopee Derby Days Committee. (Motion carried under the Consent Agenda) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COiJNCIL-(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. Approval of Resolution 7459 with the conditions as presented. Moved by Councilmember Jay Whiting, seconded by Councilmember Mike Luce to open the public hearing. Vote: 4-0 � � Mr. Leek said the purpose of the vacation of the Right-of-way(ROW)along Fairhaven drive is to allow for Lot 6,Block 1 and Lot 9,Block 2 in Stonebrooke 4th addition to have better access to the roadway. Both lots are currently in the platting process to include additional road Right-Of-Way for Fairhaven Drive. This will straighten the roadway as proposed,and prevent the need for a temporary cul-de-sac easement. The purpose of the vacation of the drainage and utility easements is to increase the lot sizes of Lot 6,Block 1 and Lot 9,Block 2 in Stonebrooke 4th addition. Due to changes in City code for the setback from wetlands these lots became difficult to develop. The developer,Fritz Menden is currently undergoing the platting process to combine outlot M(as seen on the attached plat)to these lots increase their size and remove a small undesirable outlot from the plat. A portion of outlot M is also being dedicated to Fairhaven drive for further extension of the roadway. Mayor Tabke asked if there was anyone in the audience that wished to speak at the public hearing. No one responded. Moved by Councilmember Mike Luce, seconded by Councilmember Kathi Mocol to close the public hearing. Vote: 4-0 Moved by Councilmember Kathi Mocol, seconded by Councilmember Jay Whiting to offer Resolution 7459,A Resolution Approving a Vacation of a Portion of Right-of-Way along Fairhaven Drive and Certain Public Drainage and Utility Easements in Stonebrook 4th Addition Plat with the conditions as presented Vote: 4-0 7. Business removed from the Consent Agenda will be discussed at this time None. 8. Recess for Economic Development Authority Meeting: Moved by Councilmember Jay Whiting, seconded by Councilmember Mike Luce to recess for the Economic Development Authority meeting. Vote: 4-0 9. Reconvene Mayor Tabke reconvened the meeting at 7:43 p.m. 10. General Business: A. Community Development 1. Discussion of Status of Transit Service Consolidation Talks with MVTA(D) Mr. Leek said in 2013,the Scott Transit Review Board,recommended, and the cities of Shakopee and Prior Lake agreed,that discussions about transit service consolidation should move forward with MVTA. To move these discussions forward a Technical Work Group(TWG)consisting of staff from the respective entities was established, as well as an Elected Work Group (EWG) consisting of inembers of the Shakopee and Prior Lake city councils and MVTA Board of Directors. Much of the discussion at these two committees has related to development of the consolidation agreement and amended MVTA JPA. �. �.. Because of concerns about recent unilateral changes to the consolidation agreement and amended JPA, staff is not making a specific recommendation to the City Council at this time. There is no impact on the City's general fund from the proposed transit service consolidation. The impacts to the City's transit funds are outlined in the draft consolidation agreement. Negotiations are continuing over the numerous issues. Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol to direct staff to bring the consolidation agreement as presented or with revisions and amended MVTA JPA back to the Shakopee City Council for adoption in July. Vote: 4-0 2. Amendments to 2014 Shakopee Fee Schedule for a)building permits for water softeners,and b) adjusted construction valuations for calculating building permit fees. Mr. Leek said at the June 3,2014 meeting staff brought forward two proposed fee adjustments as a result of the Legislature repealing that provision of State law that restricted certain permits. On the adopted Ciry Fee Schedule that affected the fee for water softener installations. The current fee is $15.00 plus a$5 state surcharge. The proposed fee is$75.00 plus the state surcharge. The concern expressed by Councilor Lehman is that the change represents a five-fold increase in the fee. That is the case,however,with the current$15,00 fee the City recovers only about 20%of the cost of administering these permits. Thus,the proposal is to increase the permit fee to$75.00 to cover the cost of permit administration. In addition, there was a question regarding the basis and/or methodology far calculating the square footage costs of the proposed amended table.Mr. Leek reviewed the Minnesota Department of Labor and Industry site, and found that the International Code Council's Building Valuation Data is used in calculating the values found in the table.These costs relate only to construction costs, and do not relate to any increase in assessed valuation that might result from improvements made to properties. Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol to adopt the proposed Fee Schedule amendments as presented or with revisions. Vote: 4-0 3. Final Plat of Stonebrook Sth Addition-Res.No. 7460(B,F) Mr. Leek said Fritz Menden,the property owner,has applied for Final Plat Approval of Stonebrooke Sth Addition. The Final Plat of Stonebrooke 4th Addition created existing lots. These lots are being converted and incorporating Out-lot M. Out-lot M was an unnecessary parcel and will allow these lots to be utilized to their fullest extent. This request is occurring concurrently with the Vacation of Right-of-way along Fairhaven Drive, and the standard drainage and utility easements created during Stonebrooke 4th Addition. Moved by Councilmember Kathi Mocol, seconded by Councilmember Jay Whiting to offer Resolution No. 7460, a resolution approving the Final Plat of Stonebrooke Sth Addition with conditions, and move its adoption. Vote: 4-0 B. Police and Fire 1. Request from Daniel Wichmann to Bow Hunt on City Land(A) �.. ` Chief Tate said last fall,Mr. Wichmann spoke with city staff inquiring if he could bow hunt for deer on city park land. City staff informed him that under Chapter 14 of the City Code,he could not hunt in this location. Mr. Wichmann asked if he could appeal to the Ciry Council for a variance. Mr. Wichmann has asked to hunt on city park land behind his home on Eagle Creek Blvd. City Code prohibits hunting on park land. Furthermare,where hunting is allowed,the City Code requires a minimum of 40 continuous acres of land to hunt and requires hunters to be at least 500 feet from any building or public road. The property in question would not meet any of those requirements,as well. Cheif Tate said the police department receives complaints about hunting on land where City Code currently allows for it. He believes that if one person is given a variance,there will be several other requests that will follow. Daniel Wichmann, 8362 Eagle Creek Blvd., asked Council to consider a permitting process to a11ow him to hunt on City park land. Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol to deny his request to bow hunt on city park land. Vote: 4-0 2. Backyard Chickens,Ordinance No. 885. (A) Chief Tate said there have been multiple requests from Shakopee residents calling far an ordinance allowing for backyard chickens within city limits. The police department has reviewed several ordinances from metro cities as well as contacted those departments to determine what impacts allowing of these animals has had in terms of calls for service. If council chooses to allow the keeping of backyard chickens within the city limits,proposed ordinance amendment has conditions and restrictions that staff feel are in line with identified best practices. Chief Tate outlined the proposed ordinance amendment that would allow those who desire to keep up to five hen chickens on their property,provided they meet all conditions outlined in the ordinance. The ordinance also outlines minimum requirements for the coop structure and food starage. Cncl. Whiting asked Council to consider amending the ordinance to allow citizens to keep chickens in their garage. CncL Mocol and Cncl. Luce disagreed with Cncl. Whitings request. Moved by Councilmember Jay Whiting, seconded by Councilmember Mike Luce to adopt Ordinance 885,an ordinance of the City of Shakopee amending Shakopee City Code Section 10.22 pertaining to the keeping of hen chickens and authorize the publication of the approved ordinance summary. Vote: 4-0 3. Ordinance No. 886,Peddlers, Solicitars,and Transient Merchants. (A) � �. Chief Tate said the police department responds to approximately 40 solicitor complaints annually. These complaints typically involve magazine sales ar the conduct of the person selling door to doar. To better deal with these complaints,the police department has done research into what other cities are doing with peddlers, solicitars,and transient merchants. He said the revised ordinance will require all peddlers, solicitors and transient merchants to come to the city in person, show a government issued photo identification, and completely fill out a permit application. These steps should allow us to know exactly who is in town and when they are here. Based on what we hear from other cities,this actually could limit the number of solicitor requests we get. Additionally,each person will be required to display their city issued permit at all time. Cncl. Luce asked that the City educate people as to their rights when dealing with doar-to-door sales people. Chief Tate said he would create an FAQ and educate people through social media and the City website. Moved by Councilmember Kathi Mocol, seconded by Councilmember Mike Luce to offer Ordinance No. 886, amending Section 6.21 of the Shakopee City Code regarding Peddlers, Solicitors and Transient Merchants, and authorize the publication of the approved Ordinance Summary Vote: 4-0 Moved by Councilmember Kathi Mocol, seconded by Councilmember Mike Luce to offer Ordinance No. 889, amending the City's current fee schedule to include Transient Merchants. Vote: 4-0 4. Discussion of Unmanned Aircraft System Regulation. (A) Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol moved to postpone the discussion until Cncl. Lehman was present. Vote: 4-0 C. Public Works and En�ineerine D. Personnel E. Parks Recreation and Natural Resources F. General Administration 11. Other Business Mayor Tabke reminded Councilors to send Edna Nicholas any updates for the Activity Report. 12. Adjourn to June 24,2014 at 7:00 p.m. Moved by Councilmember Jay Whiting, seconded by Councilmember Mike Luce moved to adjourn to June 24,2014 at 7:00 p.m. Vote: 4-0 � � �� �- -1-�-,�r.�..��.� �. ��ulie A Linnihan Finance Directar/City Clerk Kim Weckman Recording Secretary I � I �