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HomeMy WebLinkAbout4.F.2. Approval of Minutes: April 02, 09 and 16, 2013 Consent Business 4. F. 2. St l:\I�C zl'1;�:. TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Linnihan, Finance Director/City Clerk DATE: 05/07/2013 SUBJECT: Approval of the City Council Minutes from Apri12, 2013,Apri19,2013 and April 16, 2013 (F) Action Sought Move to approve the minutes from Apri12, 20li,April 9,2013 and April 16, 20li. Attachments: 04-02-13 Minutes 04-09-13 Minutes 04-16-li Minutes OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA April 2, 2013 1. Roll Call Mayor Tabke called the meeting to order at 7:05 p.m. and roll call was taken. Present: Mayor Brad Tabke, Councilors Pamela Schurman, Matt Lehman, Steve Clay and Jay Whiting. Staff Present: Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/Engineer; Julie A. Linnihan, Finance Director/City Clerk; Jamie Polley, Parks, Recreation&Natural Resource Director; and Jim Thomson, City Attorney 2. Pled�e of Alle�iance 3. Approval of the A�enda Mr. McNeill stated the following: Remove item 4.F.9, Odor Consultant Authorization. Add to Consent Business 4.F.10, Ordinance No. 867, Fourth Series,Naming Shakopee section of C.R. 21 as Herrgott Memorial Drive. Lehman/Whiting moved to approve the agenda as amended. Motion carried 5-0. 4. Consent Business Lehman asked to remove 4.D.3, Authorization to Hire Natural Resources Technician. Cncl. Whiting asked to remove 4.F.10, moved to approve the Consent Agenda. Mr. McNeill read the Consent items. Motion carried Ordinance No. 867, Fourth Series,Naming Shakopee section of C.R. 21 as Herrgott Memorial Drive. Lehman/Whiting moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent items. Motion carried 5-0. 4.A.1 Lehman/Whiting offered Resolution No. 7287, A Resolution Approving the Final Plat of Southbridge Crossings East 2nd Addition, subject to conditions, as presented, and move its adoption. (Motion carried under the Consent Agenda) 4.B.1 Lehman/Whiting moved to declare the 2009 Chevrolet Cobalt, VIN: 1G1AK18H997169137; THE 2005 Chevrolet Impala, VIN: 2G1WF52E259157288; the 2002 Hyundai Sonata, VIN: KMHWF35H32A577901; and the 1998 Dodge Ram,VIN: 1B7HF13Y8WJ197575. (Motion carried under the Consent Agenda) 4.C.1 Lehman/Whiting offered Resolution No. 7286, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 2013 Street Reconstruction, Project No. 2013-1, and move its adoption. (Motion carried under the Consent Agenda) 4.C.2 Lehman/Whiting moved to authorize the appropriate City Officials to execute the Extension Agreement with WSB &Associates, Inc. for a Storm Water Utility Justification Study. (Motion carried under the Consent Agenda) Official Proceedings of the Apri12, 2013 Shakopee City Council Page 2 4.C.3 Lehman/Whiting moved to authorize staff to utilize the re-purchasing agreement with Ag Power Enterprises, Inc. for the 2012 John Deere 6430 Tractor for the Price of$8,453.81. The funding for this purchase is to be expended from the Surface Water Fund. (Motion carried under the Consent Agenda) 4.C.4 Lehman/Whiting moved to authorize the purchase of two new Ford Escape 4x4's from Midway Ford Commercial for the price of$48,692.66. The funding for this purchase is to be expended from the Capital Equipment Internal Service Fund. (Motion carried under the Consent Agenda) 4.D.1 Lehman/Whiting moved to approve the job description for the position of Community Service Officer, which makes changes to the minimum requirements for the position. (Motion carried under the Consent Agenda) 4.D.2 Lehman/Whiting moved to authorize the hiring of Cristie Lesko for the position of Police Receptionist at Step D of Grade 1 of the 2013 Non-Union Pay Plan, subject to successful completion of the required pre-employment screening. (Motion carried under the Consent Agenda) 4.D.3 Removed from the Consent Agenda. 4.E.1 Lehman/Whiting moved to approve the construction of dugout roofs at Riverview Park. Should the City Council concur, the completed project would be accepted formally as a donation at a future meeting. (Motion carried under the Consent Agenda) 4.F.1 Lehman/Whiting moved to approve the bills in the amount of$340,508.04 and electronic transfers in the amount of$408,634.65 for a total of$749,142.69. (Motion carried under the Consent Agenda) 4.F.2 Lehman/Whiting moved to approve the minutes from March 19, 2013. (Motion carried under the Consent Agenda) 4.F.3 Lehman/Whiting moved to authorize the appropriate city staff to purchase a Savin MP 7502 SP from Crabtree Companies for an amount not to exceed $24,000. (Motion carried under the Consent Agenda) 4.F.4 Lehman/Whiting moved to authorize the appropriate city staff to renew our Microsoft License Service Agreement through SHI for an amount not to exceed $32.030 from the IT fund. (Motion carried under the Consent Agenda) 4.F.5 Lehman/Whiting moved to authorize appropriate City staff to purchase one additional bay (roughly 10.5 Terabytes or usable storage) for the City's SAN from St. Croix Solutions for an amount not to exceed $29,500. (Motion carried under the Consent Agenda) 4.F.6 Lehman/Whiting authorized the appropriate City staff to purchase 20 desktop computers with monitors and 2 laptop computers from TIES for an amount not to exceed $21,000. (Motion carried under the Consent Agenda) 4.F.7 Lehman/Whiting— 1. Moved to approve the application and grant a massage therapy business license to Balanced Bee Bodywork, LLC, 113 Lewis Street. 2. Move to approve the applications and grant a massage therapist license to Molly Dose, Kristin Chase and Anders Carlson. (Motion carried under the Consent Agenda) Official Proceedings of the April 2, 2013 Shakopee City Council Page 3 4.F.8 Lehman/Whiting moved to approve the fund transfers as outlined in the listing provided. (Motion carried under the Consent Agenda) 4.F.9 Deleted from the Consent Agenda. 4.F.10 Removed from the Consent Agenda. (Motion carried under the Consent Agenda) 5. Business Removed from the Consent Agenda. Cncl. Lehman removed 4.D.3, Authorization to Hire Natural Resources Technician, from the Consent Agenda, is because he does not agree with the hiring of a Natural Resources Technician. Whiting/Clay moved to authorize the hiring of Jacob Busain for the position of Natural Resources Technician at Step F of Grade 6 of the 2013 Non-Union Pay Plan($52,220), subject to successful completion of the required pre-employment background check and physical/drug- test. Motion carried 4-1 with Cncl. Lehman dissenting. Cncl. Whiting asked for the removal of the naming of CR 21 in Shakopee because he questioned why the roadway is being named in honor of one Shakopee veteran and not the other 45 veterans who died while serving in the military. Mr. McNeill provided background information regarding the decision to name CR 21 in Shakopee Herrgott Memorial Drive. Mayor Tabke commented that other Veteran groups in the City had expressed to support of the name. Whiting/Lehman offered Ordinance No. 867, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Approving the Naming of Scott County Road 21 from the Corporate Limits of Shakopee from that Point North of County State Aid Highway 42, to County State Aid Highway 18, as it Exists within the City of Shakopee. Motion carried 5-0. 6. Reco�nition of Involved Citizens bV Citv Council. Mayor Tabke asked if there was anyone in the audience who wished to speak on an item not on the Agenda. No one responded. 7. Convene Economic Development Authority (City Council remained in Session) 8. Public Hearin� 8.A. Joint Public Hearin�—Rosemount, Inc. Contract for Private Development (includin� a Business Subsidv A�reement). Clay/Schurman moved to re-open the public hearing. Motion carried 5-0. Mr. McNeill said the City Council approved tax abatement for Rosemount on February 12, 2013. Since the February meeting, City staff has negotiated with Rosemount regarding other ;r�P„r;�ec_ all of which are intended to meet Rosemount's request for$6 million in economic Official Proceedings of the April 2, 2013 Shakopee City Council Page 4 The development agreement and business subsidy plan contain the following: Property Tax Abatement (9 years) $ 590,496 SAC Credits (up to 125 at $2435/unit) $ 304,375 Waive SAC Access Fee(City SAC) $ 39,900 Waive City Trunk Sanitary Sewer Charge $ 102,362 Forgivable Loan EAC Fund Balance $ 103,000 Loan Proceeds $ 247,000 Total $1,387,133 Mr. McNeill explained what Rosemount's obligations would be if they received the tax City's incentives. Rosemount agreed to build phase 1 and phase 2 of the minimum improvements; Rosemount would create a minimum of 400 jobs at a minimum wage value of$14.00 per hour exclusive of benefits; Insurance requirements and"claw-back"provisions which is in the event that Rosemount does not create the required number jobs according to the time frame,they would be required to repay the City and EDA a pro rata portion of the incentives. Mr. McNeill also explained the incentives offered by Scott County, School District 191, potential sales tax exemption and State grants. Brian Harstad, CFO of Rosemount, Inc. stated that 60%of the employees that would be based out of the Shakopee site would be engineers and office staff. The other 40% would be plant production employees. Cncl. Clay said he would like to see the Developer's Agreement changed to require that within 3-4 years, 60% of the jobs created by Rosemount in their proposed development would pay at least $30 per hour, exclusive of benefits, and 40% would be paid at least$18 per hour excluding benefits. Mayor Tabke asked if there was anyone in the audience that wished to speak at the public hearing. No one responded. Schurman/Whiting moved to close the public hearing. Motion carried 5-0. Schurman/Whiting offered Resolution No. 7288, A Resolution Approving Contract for Private Development (Including a Business Subsidy Agreement)with the Economic Development Authority for the City of Shakopee, Minnesota, Scott County, Minnesota, Independent School District No. 191 (Burnsville-Eagan-Savage), and Rosemount Inc. with an amendment to include that within 3-4 years, 60%of the jobs created by Rosemount in their proposed development would pay at least $30 per hour, exclusive of benefits, and 40%would be paid at least $18 per hour excluding benefits. Motion carried 4-1 with Cncl. Lehman opposing. 9. Adiourn Economic Development Authoritv Official Proceedings of the April 2, 2013 Shakopee City Council Page 5 10. Health Care Reform Impacts Kris Wilson, Assistant City Administrator, briefed Council on the Federal Health Care Reform impacts. She discussed what will be required of the City, positions the City may need to adjust with regard to part-time employees and upcoming steps for 2014 with regard to budget planning. No action was taken by the Council. 11. Council Members' Reports Cncl. Whiting attended the Shakopee Chamber Visitor's Bureau meeting. Discussed was membership renewal rate. He also attended the open house for the dog park in the Southbridge area. Cncl. Clay attended the Shakopee Public Utility Commission meeting. He discussed a small power outage that occurred. Cncl. Lehman attended the 169/69 meeting between the townships and Scott County. Discussed was development in the area and possible annexation into the City. He also attended the Shakopee Derby Days meeting. They are looking for volunteers and donations. Cncl. Schurman said the Scott County Transit Review Board will hear from the MVTA and the Southwest Transit and the April and May meetings. Mayor Tabke talked about the recent meeting between the Fire Department and the business community, regarding daytime fire responses. He attended a luncheon and tour of SanMar. He attended the Easter egg hunt put on by Park and Recreation. He also attended the March SCALE meeting. 12. Other Business 13. Adiourn Lehman/Schurman moved to adjourn to Tuesday, April 9, 2013 at 7:00 p.m. Motion carried 5-0. Meeting ended at 8:15 p.m. Julie A. Linnihan Finance Director/City Clerk � � � � Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA APRIL 9,2013 1. Roll Call Mayor Tabke called the meeting to order at 7:00 p.m. and roll call was taken. Present: Mayor Brad Tabke, Councilors Pamela Schurman, Matt Lehman, Steve Clay and Jay Whiting. Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Mark Noble, City Planner 2. Approval of the A�enda Schruman/Whiting moved to approve the agenda. Motion carried 5-0. 3. Public Hearin�s 3.A. Public Hearin�for PropertV Tax Abatement for Comqass Data Centers, LLC—Res. No. 7293 and Res. No. 7289. Clay/Whiting moved to open the public hearing. Motion carried 5-0. Mr. McNeill said the City has received an application for business subsidy from Compass Datacenters for assistance in locating a development on an 11.3 acre parcel of land in the Dean Lakes commercial area. Compass proposes to construct a building space in five modules over a three year period of time. Compass anticipates completion of Phase 1, the first two modules, by the end of 2013. Phase 2 construction would follow. The complex would employ a minimum of 40 people upon completion, with as many as 65 jobs being created. Compass is aware that the minimum wage to be paid is $14.50 per hour(exclusive of benefits), and has agreed to adjust their lower end jobs to accommodate that. The overall average wage to be paid will be $68,500, and is reflected in the Agreement. Originally, Compass had requested 50% abatement on property taxes to be paid on the entire $67 million investment that it is to make. However,that figure includes significant amounts of equipment, for which Minnesota does not tax as property. The Scott County Assessor's Office has assigned a value of$11.65 million to the project. Compass had originally requested a total of$2.1 million in financial assistance, including fee waivers for Dean Lakes infrastructure assessments, storm water trunk charges, and consideration by SPUC on rates and installation fees. Subsequent negotiations between Compass and staff have led to a recommendation that up to 50 SAC credits (with a cash value of$121,750)be granted, with any unused SAC credits to be returned to the City. A separate public hearing will be needed for those business subsidies. The incentives and request for abatement were reviewed by the EDAC in March. While the Official Proceedings of the Apri19, 2013 Shakopee City Council Page 2 EDAC was supportive of Compass and its move here, it did not feel that it warranted 100%tax abatement. For that reason, Springsted's analysis provides for a nine year abatement, with a 50% City property tax abatement. That would generate $251,555 from the City's portion of those taxes over the nine years. Ray Watson and Chris Curtis of Compass answered questions by Council. Mayor Tabke asked if there was anyone in the audience that wished to speak at the public hearing. No one responded. Whiting/Schurman moved to close the public hearing. Motion carried 5-0. Whiting/Clay offered Resolution 7293, A Resolution Calling a Public Hearing on Granting Business Subsidy to Compass Datacenters, LLC, or any of its affiliates. Motion carried 5-0. Schurman/Clay offered Resolution for Granting a Property Tax Abatement far Certain Property in the City of Shakopee. Motion carried 5-0. 4. Convene Economic Development Authority (City Council to Remain in Session) 4.A. Amendment to Contract for Private Development with Rosemount, Inc., Re�ardin� Wa�e Rates for Job Creation Goals—Res. No. 7294. Mr. McNeill said that as part of the Council/EDA action on April 2nd,the Council and EDA amended the Development Agreement to require that, within 3-4 years, 60% of the jobs created by Rosernount in their proposed development of the ADC II site would pay at least $30 per hour, exclusive of benefits, and 40%would be paid at least $18 per hour, again excluding benefits. After Rosemount was able to fully consider the impacts of those amendment provisions following the meeting, staff received word the following day that those numbers would not work for Rosemount. They indicate that they are agreeable to paying the stated ratio of jobs at an average of$30/hour, and $17/hour(not$18) after 4 years. However, to specify the amounts discussed at the Council/EDA meetings to be minimums, and also have those rates be exclusive of benefits is financially unworkable. They are agreeable to an amendment stating that the $30 and $17 shall be average wages (at a split of 60%and 40%, respectively), exclusive of benefits, and be applicable beginning with the 4th year. Clay/Whiting moved to amend and offered Resolution No. 7294, Resolution Approving Revised Contract for Private Development(Including a Business Subsidy Agreement) with the City of Shakopee, Minnesota, Scott County, Minnesota, Independent School District No. 191 (Burnsville-Eagan-Savage), and Rosemount Inc. Motion carried 4-1 with Cncl. Lehman opposing. 5. Adiourn Economic Development Authority Meetin�. Lehman/Whiting moved for a 10 minute recess. Motion carried 5-0. Mayor Tabke reconvened the meeting at 7:36 p.m. Official Proceedings of the Apri19, 2013 Shakopee City Council Page 3 6. Joint Meetin�with Historic Preservation Advisorv Commission 6.A. Historic Preservation Ordinance Discussion Planner II, Mark Noble, Pat Ploumen, Sara Weyer, and Marty Berens, members of the Historic Preservation Advisory Commission(HPAC)presented Council with discussion items regarding a draft Historic Preservation Ordinance that they developed. This items was originally discussed at the March 19, 2013 meeting where there was significant discussion on certain elements of the proposed ordinance. Questions raised include: 1. Could subsequent property owners"opt-out" of the program? 2. What types of fees would be put in place for applications pertaining to historic preservation items (i.e., an application requesting inclusion or removal from the program, an application for a site alteration permit, and an appeal of any decision of the HPAC)? 3. What basis would there be for overturning an appeal? 4. Is this draft ordinance constitutional? 5. Provide clarification on the Certified Local Government program. The Council questioned whether the designation as a historic property would stay with the property should ownership change,thus requiring the new property owners have to submit an application or an appeal to have the historical designation removed from the property. Mayor Tabke, Cncl. Clay and CncL Whiting all agree with the HPAC that if a homeowner opts. into the program, the property would be considered historic even if the property would change ownership. Cncl. Lehman and Cncl. Schurman like the idea of preserving historic buildings in Shakopee but don't believe that property owners should be forced into the program, or that the designation should apply when the property is sold. Also discussed was the idea that the city could subsidize expenses for applications, as there are a rather limited number of properties that would be involved in this process. Staff and the Commission do not anticipate that much additional review time would be necessary, when compared to a standard building permit application process. The Commission would support whatever fee structure the Council recommends, as well as whatever review guidelines the Council would like to establish. Cncl. Clay suggested the City start a fund similar to the Fa�ade Improvement Program established for business. He would also like to see the building permit fees waived for properties that opt into the program. It was suggested that the language concerning appeals could be softened. The Commission would certainly incorporate whatever language the Council would support into the draft ordinance. The City Attorney's Office has reviewed the relevant legal authorities and has concluded that historic preservation ordinances like the one prepared by the HPAC has been found to be constitutional. Staff has reviewed the Minnesota Certified Local Government (CLG) Procedures Manual, prepared by the State Historic Preservation Office of the Minnesota Historical Society. This document addresses the purpose, requirements and processes that certified local governments Official Proceedings of the April 9, 2013 Shakopee City Council Page 4 must follow. The Commission believes that the Resolution adopted by the Council that initiated the Commission, along with the rules and regulations which they follow, in addition to the approval of a historic preservation ordinance, would qualify the Commission to pursue becoming a CLG. Should the City of Shakopee ever attain certified local government status,the Commission will follow those standards, and would hope to be able to apply for federal matching grants to preserve historic properties, as well as pursue Federal Investment Tax Credits and Minnesota Historic Structure Rehabilitation State Tax Credits. Staff sent out notices to 85 properties, including 8 that had formally requested removal of their properties from consideration as a historic properly. Those 8 notices served as confirmation that their properties had been removed from the list of potential locally designated historic properties, but that they were being made aware of the meeting due to their past involvement ar interest in being kept aware of any action related to Historic Preservation. Mayor Tabke asked if anyone from the audience wished to speak. Joe Collins, 404 5�'Ave. E., stated that he is in support of parts of the ordinance but only by choice of the property owner. He likes the idea of the HPAC being a resource and providing options to obtain financial assistance for structure improvements. Sean Nelson, 603 E. 8t"Ave., opposes the ardinance and states homeowners should have the right to opt in or out of the program at any time. Jordan Olson, 249 Mount St., opposes the ordinance and stated it's not government's role to provide financial assistance to homeowners to make improvements on their homes. Peggy Kohl, 714 Holmes St., doesn't agree with the ordinance because there are too many gray areas in the ordinance. Cynthia Conrad, 18021 Covington Path, Minnetonka, owns property at 322 2°d Ave. E, would like homeowners to have the opting in or out of the program. She also said she had concerns about finding contractors that would work on homes considered historic. Mayor Tabke asked the HPAC to consider Council and property owner comments and recommendations and incorporate them into the draft ordinance the next time they meet. Mayor Tabke asked that the HPAC bring back a revises ordinance at a later date. Mr. McNeill recapped what the HPAC should consider the next time they meet: research impacts of a City-historic designation on homeowner's insurance; research impacts for contractors working on historic properties; investigate funds to assist renovations; what the City should be charging for permits; and bring to the EDAC the question about when the Fa�ade Loan Improvement Program is appropriate. Mr. McNeill also to affirm from earlier discussions that a majority of the Council members were still in agreement that once a property owner opts into the program, there is no subsequent opting out of the program. Mayor Tabke confirmed that direction. Mr. Leek also brought up the appeal standard in the ordinance for decision by the HPAC regarding a permit review. There needs to be a discussion with the City Attorney about what initial criteria should exist when a property owner would come forward and testify about a recommendation to be on the historic list. He also wanted to re-clarify comments about the Official Proceedings of the April 9, 2013 Shakopee City Council Page 5 contractor issue regarding discussion with other communities on their standards, and to the State Historic Preservation Office about what list of contractor resources may already exist.. 7. Other Business None S. Adiourn Lehman/Schurman moved to adjourn to Tuesday, April 16, 2013 at 7:00 p.m. Motion carried 5- 0. Meeting ended at 9:06 p.m. � � �� ' � Julie A. Linnihan Finance Director/City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 16,2013 1. Roll Call Mayor Tabke called the meeting to order at 7:00 p.m. and roll call was taken. Present: Mayor Brad Tabke, Councilors Pamela Schurman, Matt Lehman, Steve Clay and Jay Whiting. Staff Present: Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; R Michael Leek, Community Development Director; Bruce Loney, Public Works Director/Engineer; Julie A. Linnihan, Finance Director/City Clerk; Jamie Polley, Parks, Recreation&Natural Resource Director; Jeff Tate, Police Chief; and Jim Thomson, City Attorney 2. Pled�e of Alle�iance Mayor Tabke asked for a moment of silence for the victims of the Boston Marathon incident. 3. Approval of the A�enda Mr. McNeill asked to add to the agenda, 11.E.3, State Amateur Baseball Tournament Bid Letter of Support. Clay/Whiting moved to approve the agenda as amended. Motion carried 5-0. 4. Arbor Dav Proclamation—Apri126, 2013 Mayor Tabke read an Arbor Day Proclamation, declaring Friday, Apri126, 2013 Arbor Day in the City of Shakopee. 5. Consent Business Cncl. Lehman asked to add 11.E.3, State Amateur Baseball Tournament Bid Letter of Support. Lehman/Whiting moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent items. Motion carried 5-0. S.A.1 Lehman/Whiting moved to extend the approval period of the final plat of South Parkview Sth Addition to April 19, 2015. (Motion carried under the Consent Agenda) S.A.2 Lehman/Whiting offered Resolution No. 7295, A Resolution of the City of Shakopee Approving a Request to Amend the Comprehensive Plan to Guide Property for Industrial Use, and move its adoption. (Motion carried under the Consent Agenda) � .. , T _�_�,..,i�in.,;�;„„,.„„�,P,� t„ �1PClarP 1;�tP�l nrnnertv surolus and authorize its disposal per Official Proceedings of the April 16, 2013 Shakopee City Council Page 2 S.C.1 Lehman/Whiting moved to authorize the appropriate officials to sign the "Recycling Program Agreement" with Scott County for the Apri127, 2013, City Waste Clean-Up Day. (Motion carried under the Consent Agenda) S.D.1 Lehman/Whiting moved to accept, with regret, the resignation of Nathan Hook effective April 18, 2013. (Motion carried under the Consent Agenda) S.E.1 Lehman/Whiting moved to authorize appropriate city officials to execute the following agreements: 1. Shakopee Coyotes Baseball Team to operate Joe Schleper Baseball Stadium concession stand for all home Coyote games. 2. Shakopee Indians Baseball to operate Joe Schleper Baseball Stadium concession stand for all home Indian and Shakopee High School games. 3. Shakopee Soccer Association to operate the 17th Avenue Sports Complex concession stand. (Motion carried under the Consent Agenda) S.E.2 Lehman/Whiting moved to authorize the appropriate City Officials to enter into a contract to participate in the Metropolitan Counci12013 Citizen-Assisted Monitoring Program. (Motion carried under the Consent Agenda) S.E.3 Lehman/Whiting moved to authorize the appropriate staff to contract with Schoenfelder Painting for the exterior maintenance and painting of the Community Center facility for the amount of$30,567.00. (Motion carried under the Consent Agenda) S.E.4 Lehman/Whiting offered Resolution No. 7296, A Resolution of the City of Shakopee, Minnesota, Supporting the Shakopee Amateur Baseball Association in Submitting a Bid for the 2016, 2017 or 2018 State Amateur Baseball Tournament. (Motion carried under the Consent Agenda) S.F.1. Lehman/Whiting moved to approve the bills in the amount of$536,433.60 and electronic transfers in the amount of$518,324.63 for a total of$1,054,758.23. (Motion carried under the Consent Agenda) S.F.2 Lehman/Whiting move to approve the recommendation of the Telecommunications Advisory Commission to contract with AgendaQuick for live web-streaming and video-on- demand service at a cost not to exceed $2,250 per year, with a one-time start-up cost of$6,325. (Motion carried under the Consent Agenda) S.F.3 Lehman/Whiting moved to approve the application and grant a temporary on-sale liquor license to the Scott County Historical Society for May 23, 2013 at 235 Fuller Street South. (Motion carried under the Consent Agenda) 5.F.4 Lehman/Whiting moved to 1. Approve the application and grant a massage therapy business license to Pure & Simple Therapeutic Massage, LLC, 1221 East 4th Avenue, #195. 2. Move to approve the application and grant a massage therapist license to Jennifer Mackenthun. (Motion carried under the Consent Agenda) 5.F.5 Lehman/Whiting moved to approve the application and grant a tobacco license to DG Retail, LLC, dba Dollar General, 1202 Shakopee Town Square. (Motion carried under the Consent Agenda) Official Proceedings of the April 16, 2013 Shakopee City Council Page 3 6. Recognition of Involved Citizens bv City Council. Mayor Tabke asked if there was anyone in the audience who wished to speak on an item not on the Agenda. No one responded. 7. Public Hearin�s None. 8. Business removed from the Consent A�enda will be discussed at this time None. 9. Recess for Economic Development Authority Meetin� Lehman/Clay moved to recess for an Economic Development Authority meeting. Motion carried 5-0. 10. Reconvene Mayor Tabke reconvened the meeting at 7:10 p.m. 11. General Business 11.A1 Alcohol License Violation Hearin� Julie Linnihan, Finance Director/City Clerk, advised Council that alleged violation of five liquor licenses who sold alcohol to minors during compliance checks on August 24, 2012 and October 6, 2012. The business involved were Global Restaurant Group, Inc. dba Dangerfields, Stonebrooke Golf Club LLC, Raceway Park, Inc. and the American Legion Club Post No. 2. The listed establishments have admitted their first violation and have signed the "Waiver and Admission of Violation." � Jim Duerr of Duerr LLC dba Wine Cellars, 4041 Dean Lakes Blvd, requested to speak to Council regarding his violation. Mr. Duerr explained that his employee made an error when he looked at the identification of the underage person purchasing alcohol. Mr. Duerr apologized to Council for the incident and stated that he has recently purchased an identification scanner to assist his employees during sales transactions. Lehman/Clay moved to 1. Acknowledge receipt of the"Waiver and Admission of Violation" from Duerr LLC dba Wine Cellars, Global Restaurant Group, Inc. dba Dangerfields, Stonebrooke Golf Club LLC, Raceway Park, Inc. and American Legion Club Post No. 2, for the sale of alcohol to a minor and impose a penalty for the first violation in the amount of$1,000 and a suspension of the liquor license for one day, and suspend $500 of the fine and the one day suspension for one year on the condition that the licensee has no further incidents of furnishing or selling alcoholic beverages to a minor during that one year period. 2. Lehman/Clay moved to impose the penalty for first time violation set forth in the City code for the sale of alcohol to a ---.....,-�„� imr�nCP a „P„altv for the first violation in the amount of$1,000 and a suspension of Official Proceedings of the April 16, 2013 Shakopee City Council Page 4 the liquor license for one day, and suspend$500 of the fine and the one day suspension for one year on the condition that the licensee has no further incidents of furnishing or selling alcoholic beverages to a minor during that one year period. Motion carried 5-0. 11.B.2 Rezonin� Request from Rahr Maltin�to Rezone Propertv from Hi�hway Business (B1) to Heaw Industrial (I2) - Ord.No. 868 Michael Leek, Community Development Director, stated Rahr Malting Co. has filed an application requesting that property be rezoned from Highway Business (B 1)to Heavy Industrial (I2). The application has a review period deadline of June 13, 2013. The subject properties are located north and south of 1 st Avenue East and east and west of Shumway Street. The collective properties are approximately 6 acres in size. The adopted Comprehensive Plan guides these properties for Industrial use and Mixed Use. Therefore, the request to be zoned Heavy Industrial (I2) is consistent with the Comprehensive Plan. The Planning Commission reviewed this request at its Apri14, 2013 meeting and has recommended to the City Council approval of the request by a 3-1 vote. Mrs. Howard Krohn, 125 Pierce St., stated that she opposes the plan and is worried about truck traffic near her home. Cncl. Whiting and Cncl. Lehman have concern regarding the heavy industrial rezoning on the north side of 1 St Avenue. Cncl. Clay also opposes heavy industrial zoning on the north side of 1 St Avenue. Council stated it would be best to table the motion so the applicant could attend the Council meeting to answer questions regarding the project. Clay/Schurman moved to table Ordinance No. 868, An Ordinance Rezoning Property from Highway Business (B 1) to Heavy Industrial (I2). to May 7, 2013. Motion carried 5-0. 11.C.1 Approval of Mooers Avenue and Valley View Road Intersection Design Bruce Loney, Engineer/Public Works Director, stated that during the CR 17 Corridor Study, and open house, public concern was expressed to the amount of additional traffic at Mooers Avenue with the Valley View Road connection from CR 17 to Sarazin Street. From this concern, staff had a traffic study prepared with alternatives on the increase traffic to various connections such as Mooers Avenue, Alden Avenue and St. Francis Avenue and conducted a public meeting with the residents. The results from this meeting and subsequent Council action was to have a one-way westbound on Mooers Avenue and no eastbound traffic into Mooers Avenue from Valley View Road. During the design of Valley View Road, staff reviewed alternatives with WSB &Associates to comply with the Council decision of October 21, 2008. Alternatives No. 1 &No. 2 involves modification of the intersection to narrow the street opening of Mooers Avenue with Sarazin Street. Cost of this work is approximately$20,000-$30,000. Alternative No. 3 involves signage and striping to indicate no entry with Mooers Avenue from the west and can be done for approximately $1,500. Official Proceedings of the April 16, 2013 Shakopee City Council Page 5 Staff is recommending Alternative No. 3 at this time as the most cost effective alternative and allows staff time to review a one way street design on Mooers Avenue from Sarazin Street to Hazen Street. Mayor Tabke asked if there were anyone in the audience that wished to speak. Gary Pankake, 1952 Alden Ave., stated concerns about accidents at Alden Ave. and Mathias Rd. and would like to see stop signs at that intersection. Mr. Loney said that he will forward the information to the Traffic Safety Review Committee. He also said that the intersection was reviewed by the Traffic Safety Review Committee a few years ago and the traffic counts didn't meet the criteria for stop signs at that time. Kerry Murphy, 1847 Alden Ave., doesn't agree to the one way option on Mooers Ave. She also stated her concerns about the accidents at Alden Ave. and Mathias Rd. and supports the idea of stop signs at that intersection. John Heckel, 1863 Mooers Ave., supports his neighbors and the request for stop signs at Alden and Mathias Rd. He is also in favor of alternative#1 instead of alternative #3, even though alternative #3 is more cost effective at this time. Kurt Schimpke, 1808 Alden Ave., supports the request for stop signs at Alden Ave. and Mathias Rd. He is also against the Valley View Road extension and supports alternative#3 and would like traffic counts done after Valley View Road extension is finished. Whiting/Lehman moved to approve Alternative No. 3 for the intersection design of Mooers Avenue and Valley View Road associated with the Valley View Road Project; directed staff to do a traffic study in the area of Mathias Rd. and Alden Ave. before and after the project is completed with an emphasis of safety at that intersection. Motion carried at 5-0. 11.E.1 Text Amendment to the Shakopee City Code Sec. 11.60 Sub. 9 Re�ardin�Tree Mana�ement Re�ulations—Ord. No. 866. Jamie Polley, Park, Recreation and Natural Resources Director, stated that on March 19, 2013 the City Council reviewed the amendments to Section 11.60, Subd 9 as recommended by the Planning Commission. The City Council chose to send the amendments back to the Environmental Advisor Committee (EAC) for further discussion on the following: 1. the Right-to-Farm laws 2. the impact on residents in the R1C (Old Shakopee) zoning area 3. The number of commercial/industrial lots left to develop under 2.5 acres 4. increasing the credit of replacement trees for saving one heritage tree. The EAC reviewed these items on Apri13, 2013 and recommends to the City Council the following additional amendments to Chapter 11.60, Subd. 9 of the City Code: 1. Right-to-Farm. The City Attorney reviewed the state laws pertaining to the Right-to-Farm and Official Proceedings of the April 16, 2013 Shakopee City Council Page 6 found that neither the "Metropolitan Agricultural Preserves Program" which applies only to existing farms or the "Right -to-Farm" law which deals only with potential nuisance liability of existing farms are relevant to the tree management ordinance and therefore no reference to the "Right-to-Farm" needs to be included in the ordinance. 2. Impact of residents in the R1C (Old Shakopee) zoning area. Councilor Lehman was concerned about the ordinance, both current and revised, negatively impacting the residential lots of the R1 C zoning area or Old Shakopee. He had indicated that previous tree management regulations exempted the R1C zoning area from these requirements. Staff reviewed the ordinance going back to the 2003 revisions and said that it was found that the R1C zoning area was specifically listed as exempt. The current and revised ordinance requires replacement trees in this area only if three (3) or more six inch(6") DBH or greater trees are being removed. Therefore, if someone applied for a fence permit and has to remove two (2) trees six inches (6") or greater, there is no tree replacement requirement. If three (3) six inch(6")trees are removed the homeowner would be required to plant one (1)two inch(2")tree on their property. A revision has been added giving the applicant the choice to plant the tree or provide a fee of $400 per tree to the City for the City's tree replacement fund. This is an option currently given to all developers however it was not stated in the ordinance. An exemption has also been added stating that "Tree replacement is not required if a tree cannot be planted within the boundaries of the project site because either the site is too small or planting is restricted by underground utilities." Applicants who simply do not want a tree put back on the project site would be required then to pay the $400 fee. 3. The number of commercial/industrial lots available for development under 2.5 acres. Currently there are 35 vacant commercial/industrial lots available for development. Four(4) of the lots are heavily wooded, seven(7) of the lots have a few trees and twenty-four(24) of the lots have not trees. Therefore, by implementing the minimum size of 2.5 acres as the trigger to require the Woodland Alteration permit, there is the potential of four (4) lots being clear cut without the requirement of a permit. 4. Increasing the credit of replacement trees for saving one Heritage Tree. The credit for saving a Heritage Tree has been increased from two (2)to four(4). Therefore, for every one (1) Heritage tree saved, a credit of four(4) required replacement trees will be given. This will increase the value to an applicant for saving a Heritage tree. Discussion by the Council followed. Mayor Tabke stated that he would like concessions made for Commercial/Industrial. He suggested instead of having penalties for taking trees down, the City could offer incentives for saving trees such as credits toward the landscape ordinance. Clay/Whiting moved to approve the adoption of Ordinance No. 866 Fourth Series,An Ordinance Official Proceedings of the April 16, 2013 Shakopee City Council Page 7 Of The City Of Shakopee, Minnesota, Adopting Revisions to City Code Sec. 11.60, Subd. 9 Regarding Tree Management Regulations as presented. Discussion followed. Mayor Tabke stated that he would vote against the ordinance because of how commercial/industrial is handled in the ordinance. Cncl. Whiting agrees with the ordinance. Cncl. Schurman agrees with the Mayor at looking at the ordinance regarding commercial/industrial parcels as well as agreeing with Cncl. Lehman regarding residential parcels. Cncl. Lehman would like residential permit requirements reconsidered. He has concerns about restrictions on property owner's use of land. Cncl. Clay said the ordinance should be passed and modifications can be made later to the ordinance. Mayar Tabke asked for a vote on the motion. Motion carried 3-2 with Cncl. Lehman and Cncl. Schurman dissenting. Mayor Tabke asked staff to relook at the commercial/industrially portion of the ordinance to reduce duplication and also to work with the Economic Development Advisory Committee and the EDA Coordinator to make the process easy for commercial/industrial. 11.E.2 Award of Contract for the Construction of Riverside Fields Park—Res. No. 7290 Ms. Polley stated that on May 3, 2011 the City Council approved the final schematic design for Riverside Fields Park including two tennis courts, hockey rink w/basketball court, pleasure skating area, sand volleyball, playground and picnic shelter/warming house. The playground was installed in 2011. The City hired the designer Stantec to complete the final schematic design, and to develop plans and specifications necessary to bid the construction of the park. The project was bid in April of 2012; however, the bids came in over budget and were rejected by the City Council. The City went back out for bids in 2013. There were six bids. The low bidder is Northwest Asphalt, Inc. with a total base bid of$630,218.86. Staff is recommending awarding the contract to Northwest Asphalt with alternates 1, 2 and 4. The Parks and Recreation Advisory Board has not made a recommendation on this bid, as they have not yet seen the results. The current budgeted allocation for this project is $770,000. The Engineer's estimate of the work bid was $664,409.86, which includes all of the amenities in the City Council approved plan. The estimate was therefore $109,809.86 over budget. The low bid of$630,218.86 by Northwest Asphalt, Inc. is under the project estimate, but over the construction budget. Ms. Polley said alternate 4 consistent of the planned extension of the Green Meadows Park parking lot. Half of the parking lot is proposed to be constructed with the park to keep the park project within budget The second half of the parking lot was budgeted in the Park Reserve for construction in 2013, which would coincide with the availability of the baseball and turf athletic Official Proceedings of the April 16, 2013 Shakopee City Council Page 8 fields. The extension of the parking lot was included with the construction of the Riverside Fields Park in anticipation that the bids would be more favorable if paired with a larger project. The budget for the parking lot is separate from the budget for the Riverside Fields Park. Staff recommends the approval of alternates 1 and 2 to construct the park within budget, while including the greatest number of amenities for the users. Staff is also recommending alternate 4 to complete the construction of the parking lot at Green Meadows Park. The bid total for Northwest Asphalt is $510,071.16, with the hockey rink to be unpaved,the basketball court is to be moved to the volleyball area, and the sand volleyball court is eliminated. This estimate is then$44,528.84 under budget. The total project cost with alternate 4 is $569,921.16. Lehman/Schurman offer Resolution No. 7290, A Resolution of the City of Shakopee Accepting Bids for Construction of Riverside Fields Park to Northwest Asphalt, Inc. including alternates 1, 2 and 4, and move its adoption. Motion carried 5-0. 11.F.1 Massa�e License Applications—Wei Pan and Yanpin�Wan�—Res. No. 7291 & 7292 Police Chief Jeff Tate, advised Council that pursuant to the City Code,massage therapy businesses and massage therapists require licensing. The ordinance requires all massage therapists to undergo a background check by the police department in order to be licensed. Ms. Wei Pan has applied for a massage therapist license as well as a license for her business, Excellent Asian Massage. Yanping Wang has applied for a massage therapist license as an employee of Vogue Day Asian Massage. The police department has conducted background checks in these matters and is not recommending approval of these license applications. Wei Pan of Excellent Asian Massage advised Council she doesn't speak fluent English and doesn't understand the reasons for the denial of her license. Chief Tate stated that his staff has been in contact with Wei Pan throughout the background investigation. He stated that her background included a criminal investigation with the Hopkins Police Department in May 2012 that stated illicit sexual activities were occurring at an establishment that was owned by Wei Pan. The investigation lead to criminal charges for prostitution. As a result, the City of Hopkins revoked her massage therapist license as well as her business license. Ms. Pan approached the podium and spoke. Her comments are not documented in the minutes due to the language barrier. Official Proceedings of the April 16, 2013 Shakopee City Council Page 9 Mr. Thompson, City Attorney asked Council to address Ms. Pan about the allegations. He asked Council to ask her if she disagrees with the findings or if she doesn't understand what the allegations are because of her difficulties understanding English. Mayor Tabke asked Ms. Pan is she understood the allegations. Ms. Pan stated she does not understand. Mr. Thomson suggested that Council table the action until a translator could be provided for Ms. Pan. Whiting/Lehman offered Resolution No. 7291, A Resolution of the City of Shakopee, Minnesota, Denying a Massage Therapist License to Yanping Wang, and move its adoption. Motion carried 5-0. Whiting/Lehman moved to table Resolution No. 7292, A Resolution of the City of Shakopee, Minnesota, Denying a Business and Massage Therapist License to Wei Pan d/b/a/Excellent Asian Massage until an interpreter is provided. Motion carried 4-1 with Cncl. Clay dissenting. 12. Council Members' Reports Cncl. Schurman had no report. Cncl. Lehman had no report. Cncl. Whiting attended the Executive Committee meeting for SCALE where they considered upcoming topics. At the SCALE meeting on April 12�', they were provided a recap of the New Prague School incident, involving a false report of a gun-related incident in a school. The SCALE meeting also discussed garbage and recycling issues. He attended the school board meeting. There was discussion on the upcoming Volunteer's Week and how they would honor those volunteers. The school board also confirmed the districts move to the South Suburban Conference. The board is continuing strategic planning for property acquisitions. They are also working on referendum planning. Cncl. Clay attended the Shakopee Public Utilities Commission(SPUC) meeting. SPUC approved a resolution for the water main replacement for the upcoming street reconstruction project. They also passed several resolutions for utility projects for the upcoming Marschall Road project. Cncl. Clay also discussed an article that was published on the Shakopee Patch website discussing Shakopee depleting the metro water reserves. He stated the article was inaccurate and not true. SPUC spoke to the Shakopee Patch to correct the article but they refused to do so and took the article off their website. Mayor Tabke attended the Burnsville/Eagan/Savage School District board meeting where they passed the Emerson Tax Abatement. The MN House unveiled their Omnibus Tax Bill and the sales tax exemption for Emerson was in included in the bill. The Emerson project was not included in the MN Senate's omnibus Tax Reform Bill, but he was confident that it will Official Proceedings of the April 16, 2013 Shakopee City Council Page 10 eventually be added. Mayor Tabke also attended the SCALE meeting, the River Valley Theater Company Red Carpet Cabaret, and attended the Boards and Commissions informational meeting. 13. Other Business Mr. Loney stated that on Thursday, April 18th,there is an open house from 4 to 6 p.m. at the Police Department Training room for the Highway 101/61 project. 14. Adiourn Lehman/Clay moved to adjourn to Tuesday, May 7, 2013 at 7:00 p.m. Motion carried 5-0. Meeting ended at 9:20 p.m. � i � �%i � . ! � 4„� Julie A. Linnihan Finance Director/City Clerk Kim Weckman Recording Secretary