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HomeMy WebLinkAbout09/15/2015 DRAFT OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION LOCATION Council Chambers City Hall 129 Holmes Street South September 15,2015 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;Planner Alex Sharpe 2. Pledge of Allegiance 3. Approval of Agenda Mr. Reynolds requested that item 6.A. be removed from the Agenda. Moved by Councilmember Matt Lehman,Seconded by Councilmember Kathi Mocol to approve the Agenda as amended. 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.) 4.C.4.,Renaming Canterbury Road to Mystic Lake Drive,Res. No. 7610,was removed by Cncl. Whiting for further discussion. 4.F.5., Extension of work hours for Amazon Construction Project,was removed by Cncl. Whiting for further discussion. Moved by Councilmember Matt Lehman,Seconded by Councilmember Kathi Mocol to approve the Consent Agenda as amended. Vote: 5 -0 A. Community Development 1. Amendment to City Code Section 11.61 (Parking)Regarding Required Minimum Parking Stall Sizes, Ord.No.914(B) Motion to approve Ordinance No. 914, an ordinance amending City Code Section 11.61 (Parking) relating to minimum parking stall sizes. (Motion carried under the Consent Agenda) 2. Text Amendment to Various Sections of City Code Regarding Restaurants,Taverns,and Exterior Congregation Areas Ord.No. 915 (B) Motion to adopt Ordinance 915,an ordinance amending various sections of the zoning ordinance regarding Restaurants,Taverns,and Exterior Congregation Areas. (Motion carried under the Consent Agenda) 3. Set Public Hearing Date for Canterbury Park Holding Corporation's Vacation of Public Right-of-Way/Public Roadway Easement Request,Res.No. 7611 (B) Motion to adopt Resolution No. 7611 setting a public hearing date for the vacation of the Public Right-of-Way/Roadway Easement request from Canterbury Park Holding Corporation. (Motion carried under the Consent Agenda) B. Police and Fire 1. Declare Nine Forfeited Vehicles as Surplus Property(F) Motion to declare the 1997 Mercury Grand Marquis,VIN: 2MELM74W3VX734986; the 2000 Honda Accord, VIN: 1HGCG1653YA010935;the 2001 Ford Explorer,VIN: 1FMYU70E91UA10902;the 2002 Buick Century,YIN: 2G4WS52J721229673; the 2002 Chevrolet Trailblazer,VIN: 1GNDT13S022404054;the 2003 Lexus GS300,VIN: JT8BD69S330183000; the 2007 Ford F-150,VIN: 1FTPW 14V47FB 18066; the 2009 Ridley Motorcycle,VIN: 1R9SW23919K327047 and the 2009 Yamaha Motorcycle,VIN: JYAVP25E49A008378 as surplus property. (Motion carried under the Consent Agenda) C. Public Works and Engineering 1. Accept Work on the Fire Station No. 1 Concrete Pavement Project,Res.No. 7608 (E) Motion to approve Resolution No, 7608,a resolution accepting work on the Fire Station No. 1 Concrete Pavement Project. (Motion carried under the Consent Agenda) 2. Approve a Cost Reimbursement Agreement with O'Brien Development and Holding Company,LLC for Concrete Alley(D,E) Motion to authorize the appropriate city officials to execute the Addendum to Right-of-Way Permit with O'Brien Development and Holding Company LLC for a Concrete Alley by the Public House. (Motion carried under the Consent Agenda) 3. Lateral Sewer Connection Charge for the Jennifer Lane Sanitary Sewer Extension Project,Ord.No. 913 (E) Motion to adopt Ordinance No. 913,An Ordinance amending the City's fee schedule by adding a lateral sanitary sewer connection charge for the Jennifer Lane Sanitary Sewer Extension Project No. 2015-6.(Motion carried under the Consent Agenda) 4. Renaming of Canterbury Road to Mystic Lake Drive,Res.No. 7610(D,E) Mr. Loney presented a request to rename Canterbury Road to Mystic Lake Drive,Res.No. 7610,A Resolution approving the road name change on a segment of County State Aid Highway 83,from US Trunk Highway 169 south to County Road 42 to Mystic Lake Drive. On April 7,2015, a request from the Shakopee Mdewakanton Sioux Community(SMSC)on the name change of Canterbury Road to Mystic Lake Drive from TH 169 south to County Road 42.After the presentation,Council directed staff to work with Scott County on the necessary actions. Mr. Loney stated that some property owners had objections and staff asked SMSC staff to contact owners about their objections. SMSC staff has met with property owners and the main concern is cost of changing their address. Mr. Loney stated that Staff believes the name change is appropriate as the split is at TH 169 interchange with CSAH 83. Also,the offer by the SMSC to pay each homeowner$1000.00,plus the cost of their expenses,is more generous than the$250 maximum the County would pay for a name change under their Ordinance Number 24.Mr.Loney added that if Resolution No. 7610 is approved by the City Council,then the County Board will need to act on the name change to make it official. The Council invited the affected property owners to speak. Beverly Koehnen, 2036 Canterbury Rd S., expressed her concerns regarding a lack of a guarantee from the SMSC that they will pay property owners. She also had concerns regarding the amount of time she will need to spend to make all of the changes that go along with the address change. Cncl. Lehman responded by saying that his initial concern was to make sure that the residents were reimbursed for their expenses. He added that he feels confident that the property owners are going to be covered financially. Mike Hawkins, 1776 Canterbury Road, expressed concerns about the City allowing this change,as well as the time it is going to take to make all of the changes related to the address change. Mayor Table stated that the Council will add the requirement into the Ordinance that states the SMSC will be responsible for all documented expenses relating to the change. Cncl.Whiting asked how many properties are affected by this change. Mr. Loney answered that there are 8 properties affected. Moved by Councilmember Jay Whiting,Seconded by Councilmember Matt Lehman to approve Resolution No. 7610,A Resolution approving the road name change on a segment of County State Aid Highway 83,from US Trunk Highway 169 south to County Road 42 to Mystic Lake Drive.The Cities approval is based on SMSC compliance with the August 15, 2015 letter to the residents abutting the roadway, and Scott County's payment of$250.00 per County Ordinance. Vote: 5 -0 D. Personnel E. Parks and Recreation F. General Administration 1. City Bill List(F) Motion to approve the bills and electronic transfers in the amount of$1,556,322.63 and payroll transfers in the amount of$570,665.20 for a total of$2,126,987.83. (Motion carried under the Consent Agenda) 2. City Council Minutes (F) Motion to approve the City Council minutes from September 1, 2015. (Motion carried under the Consent Agenda) 3. Fee-Schedule Updates (F) Motion carried adopt Ordinance No. 916,and approve the summary and publication by summary ordinance amending the City's adopted 2015 fee schedule. (Motion carried under the Consent Agenda) 4. Application from Smashburger for a Wine and On Sale 3.2 Percent Malt Liquor License(F) Motion to approve the applications and grant a wine license and an on sale 3.2 percent malt liquor license to Smashburger Acquisitions-Minneapolis LLC dba Smashburger#1523, 8088 Old Carriage Court North, conditioned upon meeting all licensing requirements of the City Code. (Motion carried under the Consent Agenda) 5. Extension of Work Hours for Amazon Construction Project Extension of Work Hours for Amazon Construction Project.Mr. Whiting expressed concerns over the request to approve the continued suspension of City Code Sec. 10.60,Noise Elimination and Noise Prevention, Subd. 3,Hourly Restrictions on Certain Operations,D, for construction activity on the site of the new Amazon facility at 4th and Shenandoah. The extended hours allow construction from 6:00 a.m.to 10:00 p.m..weekdays and from 8:00 a.m.. to 9:00 p.m.. Saturdays, Sundays and holidays. Cncl. Whiting stated that he is not in favor of extending the work hours for this project again. Cncl.Luce stated that the Police Department has received a couple of noise complaints received neighbors of the project. Mr. Loney responded that he has spoken with the Police Department regarding the complaints and the contractors have been notified of the issues. Mayor Tabke stated that he does not have an issue with this extension,and he feels that the impact to the residential areas will be minimal. Jarod Ziemke, Senior Project Manager for Ryan Companies,addressed the Council and gave an update on the project.He also explained that reason for the request was to allow the batch plant to be started at 6:00 a.m. so that the concrete can begin to be mixed and be ready to pour at 7:00 a.m. Cncl. Luce asked how much noise is created by the batch plant. Mr.Ziemke responded that the noise is minimal. Cncl. Lehman stated that he is concerned about the batch plant being located close to residential,and asked if there was a possibility of moving it.Mr. Ziemke responded that the batch plant is locked in at it's current location,and added that they worked with the City on choosing the current location. Cncl. Lehman asked if Sunday work was considered as an alternative.Mr. Ziemke answered that due to safety concerns as well as the additional expense, Sunday is not an option. Discussion: Cncl. Lehman requested that the motion stated that if property owner complaints are received by the City,the suspension can be revoked at the discretion of the City Engineer. Cncl. Lehman asked if the communication issues between the Police Department and the Engineering Director have been addressed. Mr. Loney answered that they have been corrected and he will request that any complaints that are received be brought to his attention. Moved by Councilmember Kathi Mocol, Seconded by Councilmember Mike Luce to approve the continued suspension of City Code Sec. 10.60,Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations,D,for construction activity on the site of the new Amazon facility at 4th and Shenandoah.If the property owner complaints are received by the City,the suspension can be revoked at the discretion of the City Engineer. Vote: 4- 1 Opposed: Councilmember Jay Whiting 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.) Sandy Doherty, Secretary of the River Valley Trail Blazers Snowmobile Club, addressed the Council about the possibility of changing a City Ordinance to allow snowmobiles into the downtown area. Ms. Doherty explained that it would be very helpful for the snowmobile riders to be able to visit restaurants,get gas and repairs if necessary. Cncl. Whiting asked how many members were in the Club. Ms. Doherty answered that there are currently 178 members. Cncl.Luce suggested possibly using Super America for fuel needs.Ms.Doherty responded that Hennens Shell was a member of the Club so they are a good option for fuel. Mayor Tabke asked what the necessary timeline was for a decision by the Council.Ms.Doherty responded that snowmobiling usually begins in December so it would be preferable to have a decision around that time. Mayor Tabke and the Council agreed to review the item at a Council meeting in October. Bill Iverson, 1845 Countryside Drive, addressed the Council to express concerns about statements made by the Mayor at a previous meeting as well as other concerns about City Council members. 6. Public Hearings: A. Public Hearing for the Vacation of Drainage and Utility Easements Adjacent to 1336 Blue Heron Trail and 1356 Heron Court(F) Mr. Reynolds requested that item 6.A.be removed from the Agenda. B. Public Hearing for the Vacation of Drainage and Utility Easements at 1256 Wood Duck Trail,Res No. 7609(F) Moved by Councilmember Matt Lehman,Seconded by Councilmember Kathi Mocol to open the Public Hearing. Vote: 5 -0 Mr. Sharpe addressed the Council regarding a Vacation of Drainage and Utility Easements at 1256 Wood Duck Trail,Res No. 7609, a Resolution approving the vacation of certain public drainage and utility easements at 1256 Wood Duck Trail. Mr. Sharpe stated that the property at 1256 Wood Duck trail was originally intended to be two separate residential lots. However,due to a large wetland on the east side of the property the site could not accommodate two homes and septic systems.Due to this,the lots were combined removing the interior lot line these easements are adjacent to. The owner of the property has petitioned the city to vacate the interior easements that were adjacent to the prior lot line. Mr. Sharpe informed the Council that on September 3rd,the Planning Commission recommended that the easements be vacated with conditions,as they did not serve the function as intended when they were established. Additional conditions were that the property owner convey easements adjacent to Wood Duck Trial, and Lake View Drive,which is consistent with the purpose of the original easements. Cncl.Lehman asked if there was currently a residential unit on the property.Mr. Sharpe answered yes. Cncl. Lehman asked if there was a possibility that the property would be subdivided at a later date. Mr. Sharpe answered that the lot was platted to be two seperate lots,but the owner has stated that his intention is to vacate the easements. Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to adopt Resolution 7609, a Resolution approving the vacation of certain public drainage and utility easements at 1256 Wood Duck Trail. Vote: 5 -0 7. Business removed from the Consent Agenda will be discussed at this time See item 4.C.4.,and item 4.F.5. 8. Recess for Economic Development Authority Meeting: Moved by Councilmember Jay Whiting, Seconded by Councilmember Matt Lehman to recess for Economic Development Authority meeting. Vote: 5 -0 9. Reconvene 10. Other Business Cncl. Luce stated that Demcon Companies accept appliances free of charge,and that this may be an option after the next City clean up day. Cncl. Luce stated that there are an abundance of signs located on Marschall Road,and that it may be a Code Enforcement issue. Cncl.Whiting congratulated Shakopee Community Assistance program on their one year anniversary. 11. Adjourn to September 22, 2015 at 7:00 p.m. Moved by Councilmember Matt Lehman,Seconded by Councilmember Kathi Mocol to adjourn. Vote: 5 -0 410 ori Henva, S Clerk Heidi Emerson Recording Secretary