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HomeMy WebLinkAbout07/15/2014 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSIONSHAKOPEE MINNESOTAJuly 15, 2014 1. Roll Call Present: Mayor Brad Tabke; Councilmember Matt Lehman; Councilmember Jay Whiting; Councilmember Kathi Mocol; Councilmember Mike Luce Staff City Administrator Mark McNeill; Assistant City Administrator Kris Present: Wilson; Community Development Director R. Michael Leek; Public Works Director/Engineer Bruce Loney; Finance Director/City Clerk Julie A Linnihan; Police Chief Jeff Tate; Parks, Recreation & Natural Resources Director Jamie Polley; City Attorney Sarah Sonsolla 2. Pledge of Allegiance 3. Approval of Agenda Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol 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.) Cncl. Lehman asked to remove from the consent agenda 4.F.5, Temporary 3.2. Percent Malt Liquor License for Shakopee Jaycees Inc. for Derby Days. Cncl. Mocol asked to add to the consent agenda, 10.D.1, Authorization to Offer Early Retirement Incentive, 10.E.2, City Usage of the Intergovernmental Grant Given by the Shakopee Mdewakanton Sioux Community, and 10.F.1, City Hall Feasibility Study. Moved by Councilmember Matt Lehman, Seconded by Councilmember Kathi Mocol to approve the Consent Agenda as amended. Vote: 5 - 0 A. Community Development B. Police and Fire 1. 2014 Edward Byrne Memorial Justice Assistance Grant Application (F) Moved to allow staff to complete the 2014 Edward Byrne Memorial JAG grant application. (Motion carried under the Consent Agenda) 2. Declare Three Forfeited Vehicles as Surplus Property (F) Moved to declare the 2002 Ford Escort, VIN: 3FAFP11312R111749, the 2004 GMC Sierra, VIN: 1GTEK19T74E260696, and the 2005 Dodge Neon, VIN: 1B3ES56C35D219566 as surplus property. (Motion carried under the Consent Agenda) C. Public Works and Engineering 1. Approve Resolution No. 7463, a resolution accepting work on the Upper Valley Drainageway Improvement Project No. 2011- 3. Offered Resolution No. 7463, a resolution accepting work on the Upper Valley Drainageway Improvement Project No. 2011- 3. (Motion carried under the Consent Agenda) 2. Authorize the appropriate City officials to execute an agreement for Improvements to existing public road at grade crossing for Valley Park Drive with Union Pacific Railroad Company Moved to authorize the appropriate City officials to execute an agreement for Improvements to existing public road at grade crossing for Valley Park Drive with Union Pacific Railroad Company. (Motion carried under the Consent Agenda) 3. Approve a request from Bituminous Roadways for Extending Work Hours on the 2014 Bituminous Overlay Project No. 2014- 2 on Eagle Creek Blvd. (D) Moved to approving a suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, allowing them to work from 5:30 A.M. to 10:00 P.M. on July 23 and July 24, 2014 on Eagle Creek Blvd. to expedite the work and cause less days for public inconvenience. (Motion carried under the Consent Agenda) D. Personnel 1. Amending the Part-Time, Temporary & Seasonal Pay Plan - Res. No. 7469. Offer Resolution No. 7469, a resolution amending the pay plan for part-time, temporary and seasonal employees of the City of Shakopee, and move its adoption. (Motion carried under the Consent Agenda) E. Parks, Recreation and Natural Resources 1. Adoption of Rules for the Dog Park within Southbridge Community Park. (A) Moved to adopt the proposed rules for the Off-Leash Dog Park. (Motion carried under the Consent Agenda) F. General Administration 1. City Bill List (F) Move to approve the bills in the amount of $1,911,626.80, electronic transfers in the amount of $630,468.26, for a total of $2,542,095.06. (Motion carried under the Consent Agenda) 2. City Council minutes from June 24, 2014. Moved to approve the minutes from June 24, 2014. (Motion carried under the Consent Agenda) 3. Meeting Date Change for Night to Unite and General Election - Res. No. 7465 (F) Moved to designate the first meeting in each month to be the following evenings Wednesday August 6, 2014 and November 5, 2014. (Motion carried under the Consent Agenda) 4. Appointment of Election Judges - Res. No. 7466 (F) Offered Resolution No. 7466, A Resolution Appointing Election Judges For The August 12, 2014 Primary and November 4, 2014 General Election. (Motion carried under the Consent Agenda) 5. Temporary 3.2 Percent Malt License for Shakopee Jaycees Inc. for Derby Days (F) (Item removed from the Consent Agenda) Moved by Councilmember Matt Lehman, Seconded by Councilmember Kathi Mocol Removed from the consent agenda. Vote: 5 - 0 Cncl. Lehman wanted to review and discuss changes for beer sales at Derby days this year. Shakopee Jaycee members Justin Harrison, Kyle Harken and Mandy Harrison presented Council with the changes. This year they are trying the open air concept to provide a larger space for more people and described the fence proposal. They said the police department approved the design and they also have insurance is in place. Beer will be served in clear cups and wrist bands are needed to purchase beer. There will be check points with two security people per gate. Moved to approve the application and grant a temporary on-sale liquor license to the Shakopee Jaycees for July 31, and August 1 and 2, 2014. (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.) Jordan Olson, 259 Mound St. expressed concerns about not having audio or camera recordings at the July 1, 2014 Council workshop meeting held at the police department. 6. Public Hearings: A. Public Hearing on the Vacation of Public Drainage and Utility Easements at 1109 Stagecoach Road - Caselog #14-026 - Res. No. 7467 (B) Moved by Councilmember Matt Lehman, Seconded by Councilmember Kathi Mocol to open the public hearing. Vote: 5 - 0 Mr. Leek said Cherne Contracting Corp. was approved for a Conditional Use Permit to expand their building and exterior storage area. The proposed expansion of the building would be located over an existing drainage and utility easement, which has not been used, nor are there plans to use it in the future. City departments, Scott County and other outside agencies were given the opportunity to review and provide comments regarding this application. Planning did receive comments from the City Finance Department, SPUC, and City Engineering. The Finance Dept. noted that there is a pending assessment of $92,049.57 for the East Industrial Sewer Improvement, SPUC noted that any changes, additions or expansions to the project will require the applicant to contact them to discuss service connection requirements, and that any utility lines located in the proposed vacated easement will need to be relocated as the applicant’s expense. Engineering noted that all perimeter easements shall remain. The Planning Commission considered the request at its July 10, 2014 meeting recommended Alternative No. 1; recommend to the City Council the approval of the vacation, subject to retaining the required drainage and utility easements as per City of Shakopee Engineering Department requirements, and relocating any utility lines located in the proposed vacated easement, as per SPUC’s requirements. Mayor Tabke asked if anyone wanted to speak at the public hearing. No one responded. Moved by Councilmember Matt Lehman, Seconded by Councilmember Jay Whiting to close the public hearing. Vote: 5 - 0 Moved by Councilmember Matt Lehman, Seconded by Councilmember Mike Luce Resolution No. 7467, a resolution approving a vacation of public drainage and utility easements on Lot 1, Block 1, Superior Supply First Addition Vote: 5 - 0 7. Business removed from the Consent Agenda will be discussed at this time See 4.F.5. 8. Recess for Economic Development Authority Meeting: Moved by Councilmember Jay Whiting, Seconded by Councilmember Mike Luce to recess for the an Economic Development Authority meeting. Vote: 5 - 0 9. Reconvene 10. General Business: A. Community Development 1. Valleyfair Appeal of Planning Commission Resolution Approving a Planned Unit Development (PUD) Amendment Regarding Site Signage-Res No. 7468 (B) Mr. Leek said that Valleyfair, applied for a Planned Unit Development (PUD) amendment to alter their existing entry sign to a new electronic message center sign that is larger and has dynamic animation video. The request was reviewed by the Planning Commission on June 5, 2014 and they approved a PUD amendment as to the sign size. The Planning Commission concluded that they wanted to stay with the electronic sign change duration that had been established recently in the zoning code. The Planning Commission Resolution allows the sign to increase in size, but denies the request for full-motion commercials, and dynamic displays, per City Code. Valleyfair filed an appeal of the Planning Commission's decision to City Council. The appeal does not contest the Commission's decision regarding full-motion video and dynamic displays, but rather how frequently the message changes, varying from City Code's requirement of 1 minute to 8 seconds. As part of an appeal, the City Council is tasked with determining if there were errors or omissions in the decision of the Planning Commission approving the Planned Unit Development Amendment subject to the conditions outlined above. The applicant did not and has not presented the Planning Commission with the option for an 8 second hold time without the use of full-motion commercials, and dynamic animation features. Staff suggests that there is not evidence that the Planning Commission's review of the PUD amendment was in error or subject to omissions. The original proposal from Valleyfair did not include the option for an 8 second hold time, nor was this addressed at the public hearing. Based on this, Staff recommends approval of Resolution No. 7468, a Resolution upholding the decision of the Planning Commission approving Resolution PC14-020 granting an Amendment to the Planned Unit Development for Valleyfair. The applicant, Dave Frasier, General Manager of Valleyfair appealed the Board of Adjustment and Appeal's (BOAA) decision. Mr. Fraiser sited information from the US Dept. Transportation that signs do not distract drivers. He asked that Council reconsider and allow his request. Cncl. Whiting asked staff when the revised sign ordinance would be in front of City Council for review. Mr. Leek said staff had a meeting with the Chamber and members of the public policy committee. They have reviewed the ordinance and have now proposed an entirely different approach to the sign ordinance than is encompassed in the existing regulations. This will have to go into review with the EDAC and the Planning Commission. Cncl. Whiting stated that the ordinance has been under review for too long. Cncl. Lehman believes a separate workshop may be needed to address the issue. Moved by Councilmember Matt Lehman, Seconded by Councilmember Jay Whiting to uphold the denial of the Planning Commission. Discussion followed. Cncl. Lehman would like to see the appeal denied until a text amendment to the the sign ordinance is in place. He doesn't want to have a patched ordinance. Cncl. Whiting agrees with Cncl. Lehman. Cncl. Mocol disagrees and would like to grant the CUP to Valleyfair. Mayor Tabke asked for vote on the motion. Vote: 1 - 4 Opposed: Mayor Brad Tabke Councilmember Jay Whiting Councilmember Kathi Mocol Councilmember Mike Luce Moved by Councilmember Kathi Mocol, Seconded by Councilmember Mike Luce to uphold the appeal of Valleyfair and direct staff to prepare a resolution allowing the amendment of their PUD to allow an eight second interval for the sign as a part of their PUD for action on the Consent Agenda at the July 22, 2014 meeting. Vote: 4 - 1 Opposed: Councilmember Matt Lehman Mayor Tabke asked that staff schedule a workshop sometime in early fall to discuss the Chamber's sign ordinance proposal. B. Police and Fire 1. Discussion of Unmanned Aircraft System Regulation (A) Chief Tate said staff was recently directed by City Council to examine ordinances and regulations surrounding the use of drones or Unmanned Aircraft Systems (UAS) and report back to council in June. Along with the City's attorney, staff has looked into the drone regulation issue and whether the City has authority to adopt an ordinance, similar to the City of St. Bonifacius, limiting the use or operation of drones in the City's airspace. While UAS regulation raises numerous constitutional and common law issues, the issue of federal preemption is the major preliminary issue. He also said by federal law, the Federal Aviation Administration ( FAA) is charged with U.S. airspace safety. This authority preempts any state or local government from airspace regulation. The police department has recently received multiple complaints about UAS flying over residences. Chief Tate said that the FAA is currently working on integrating the use of a wide range of small civilian aircraft systems into the national airspace. This is expected to be completed by early 2015. Staff recommends that City Council wait for the FAA to address the issue before moving forward with an ordinance of our own. Should no federal regulations be adopted by early 2015, the City could re-visit this subject in July 2015. Moved by Councilmember Matt Lehman, to direct staff to prepare an ordinance similar to that of St. Bonifacius. Motion failed for lack of a second. Vote: 1 - 0 C. Public Works and Engineering D. Personnel 1. Authorization to Offer Early Retirement Incentive (E) (Item moved to the Consent Agenda) Moved by Councilmember Matt Lehman, Seconded by Councilmember Kathi Mocol moved to authorize the offering of an early retirement incentive program. (Motion carried under the Consent Agenda) Vote: 5 - 0 E. Parks Recreation and Natural Resources 1. Implementation of a Dog Park Pass Program for the Dog Park within Southbridge Community Park (A,D) Ms. Polley said the PRAB considered the idea of a dog park pass for the dog park in the future Southbridge Community Park. The board also recommended that staff should move forward in the pursuit of a partnership with Three Rivers Park District (TRPD). TRPD Board of Commissioners was presented with the potential partnership. The proposal stated that if the partnership was supported and the City chose to move forward with charging a fee for the dog park, the City would install the "LUKE" automated pay station that would track daily fees and could be linked to the TRPD's system. The pay station could also be linked to the City's system if desired. The City would be responsible for the maintenance and management fees of the automated pay station. The terms included the City retaining 100% of the daily pass revenue collected at the automated pay station. In addition, if the City sold annual passes at the Community Center the City would retain 50% of the annual pass revenue. Through further negotiations, the City would still retain 100% of the daily pass revenue collected at the automated pay station and 25% of all annual passes sold to residents with a 55379 zip code. The cost to initially install the "LUKE" is approximately $18,000 which could become part of the Southbridge Community Park project cost. The cost for the pay station could also be funded utilizing funds budgeted in the park development general fund budget. The PRAB discussed the license fees and the Shakopee dog park pass fee and are recommending to the City Council an annual dog license fee of $15.00 with the option to purchase 1, 2 or 3 years at a time based on the expiration date of the dog's rabbis vaccination. The PRAB is also recommending a Shakopee Dog Park pass annual fee of $10 per dog. Staff would also recommend that the fees (or a portion thereof) from the annual dog park passes and dog license go toward maintenance and operations of the dog park. Cncl. Lehman asked how enforcement will be handled. Ms. Polley said it's an honor system and there will be random checks by police department. Staff will work with PD regarding enforcement. Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to approve the recommendation of the Park and Recreation Advisory Board to sell a City of Shakopee dog park pass and submit a proposal to Three Rivers Park District to partner on their annual dog park pass where the City would retain 100% of all daily fees and 25% of annual pass fees sold to residents of zip code 55379. Vote: 5 - 0 2. City Usage of the Intergovernmental Grant Given by the Shakopee Mdewakanton Sioux community (A,D) (Item moved to the Consent Agenda) Moved by Councilmember Matt Lehman, Seconded by Councilmember Kathi Mocol to authorize the utilization of the $150,000 intergovernmental grant from the Shakopee Mdewakanton Sioux Community for the construction of the planned Huber Park open air shelter. (Motion carried under the Consent Agenda) Vote: 5 - 0 F. General Administration 1. City Hall Feasibility Study (F) (Item moved to Consent Agenda) Moved by Councilmember Matt Lehman, Seconded by Councilmember Kathi Mocol to retain BKV Group to conduct a comprehensive City Hall feasibility study at a cost not to exceed $30,000. (Motion carried under the Consent Agenda) Vote: 5 - 0 11. Other Business Ms. Polley updated Council that Scott County Board passed an action at their July 15, 2014 meeting that there will continue to be a Slow-No Wake restriction on Lake O'Dowd until further notice. 12. Closed Session-"Consider Acquisition of MnDOT Property by CR 69 & Vierling Drive" Moved by Councilmember Jay Whiting, Seconded by Councilmember Mike Luce to closed session according to MN State Statute Sec.13.D.05 Sub.B.3 to discuss Consider Acquisition of MNDOT Property by CR 69 & Vierling Drive. Vote: 5 - 0 13. Adjourn to Tuesday, July 22, 2014 at 7:00 p.m. Mayor Tabke reconvened the meeting at 8:33 p.m. stating that no action was taken during the closed session. Moved by Councilmember Kathi Mocol, Seconded by Councilmember Mike Luce to adjourn the City Council meeting to 7:00 p.m. Tuesday, July 22, 2014. Meeting adjourned at 8:34. p.m. Vote: 5 - 0 Julie A Linnihan Finance Director/City Clerk Kim Weckman Recording Secretary