HomeMy WebLinkAbout4.F.2. Approval of Minutes: June 18, and June 25, 2013 Consent Business 4. F. 2.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Linnihan, Finance Director /City Clerk
DATE: 07/16/2013
SUBJECT: Minutes from June 18, 2013 and June 25, 2013. (F)
Action Sought
Move to approve the minutes of June 18, 2013 and June 25, 2013.
Attachments: 06 -18 -13 Minutes
06 -25 -13 Minutes
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 18, 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, Councilmembers Matt Lehman, Steve Clay and Jay Whiting.
Absent: Councilmember Pamela Schurman
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; and Jim Thomson, City
Attorney
2. Pledge of Allegiance
3. Approval of the Agenda
Mr. McNeill asked to add 12, Other Business, a Closed Session to discuss the sale of the
Downtown Fire Station. Whiting/Clay moved to approve the agenda as amended. Motion
carried 4 -0.
4. Consent Business
Cncl. Lehman asked to remove from the Consent Agenda, item 4.A.2, Approval of Resolution
No. 7314 Guaranteeing Operating Funds for Buses Purchased as a part of Congestion Mitigation
Air Quality Grant, (CMAQ).
Lehman/Clay moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent
items. Motion carried 4 -0.
4.A.1 Lehman/Clay Offered Resolution No. 7317, a resolution setting the public hearing date to
consider the vacation of right -of -way. (Motion carried under the Consent Agenda)
4.A.2 Removed by Cncl. Lehman
4.A.3 Lehman/Clay moved to direct city staff to initiate the Environmental Assessment
Worksheet for this project, and to enter into the necessary agreement(s) with city consultant
WSB and the applicant. (Motion carried under the Consent Agenda)
4.A.4 Lehman/Clay offered Resolution No. 7319, a resolution approving the Final Plat of
Church 2nd Addition with conditions, and moved its adoption. (Motion carried under the
Consent Agenda)
4.C.1 Lehman/Clay moved to approve a parking control change as depicted on the attached
drawing on Scott Street, south of 2nd Avenue. (Motion carried under the Consent Agenda)
4.C.2 Lehman/Clay moved to authorize the payment of easements in the costs of $17,200 and
$6,850 to Render/Banks Limited Partnership (Motion carried under the Consent Agenda)
Official Proceedings of the June 18, 2013
Shakopee City Council Page 2
4.C.3 Lehman/Clay moved to authorize the Execution of a Road Maintenance Agreement
between the City Of Shakopee and Spring Lake Township for 160th Street. (Motion carried
under the Consent Agenda)
4.C.4 Lehman/Clay moved to authorize the purchase of one new aerator from MTI Distributing
for the price of $29,305.92. The funding is to be expended from the Capital Equipment Internal
Service Fund. (Motion carried under the Consent Agenda)
4.C.5 Lehman/Clay moved to award a contract to Chard Tiling & Excavating for the 2013
Upper Valley Drainage way Improvements at a cost of $83,232.25 and approve a 5%
contingency amount in this project for use by the City Engineer in authorizing change orders or
quantity adjustments on this project. (Motion carried under the Consent Agenda)
4.C.6 Lehman/Clay offered Resolution No. 7304, A Resolution Declaring the Adequacy of
Petition, Ordering an Improvement and Preparation of Plans and Specifications for
Improvements within the Plat of Valley Park Business Center, Project No. 2013 -6 and move its
adoption. Also, moved to authorize the appropriate City Officials to execute an extension
agreement with WSB & Associates, Inc. to provide engineering services. (Motion carried under
the Consent Agenda)
4.D.1 Lehman/Clay moved to authorize the hiring of Bryan Hughes, at Step 1 of Grade 2 of the
City's Non -Union Pay Plan, contingent upon successful completion of the required pre-
employment physical, drug test and psychological evaluations. (Motion carried under the
Consent Agenda)
4.D.2 Lehman/Clay moved to accept, with regret, the resignation of Jeanette Shaner from the
position of Deputy City Clerk, effective June 28, 2013 and to offer Resolution No. 7315, a
resolution of appreciation for Jeanette Shaner, and moved its adoption. (Motion carried under the
Consent Agenda)
4.D.3 Lehman/Clay moved to recognize Edna Nicholas's successful completion of the one -year
probationary period for new hires and grant her full -time, regular status in the position of
Secretary for the Administration Department. (Motion carried under the Consent Agenda)
4.F.1 Lehman/Clay moved to approve the bills in the amount of $ 1,240,924.10 and electronic
transfers in the amount of $450,454.57, for a total of $1,691,378.67. (Motion carried under the
Consent Agenda)
4.F.2 Lehman/Clay moved to approve the minutes from June 4, 2013. (Motion carried under
the Consent Agenda)
4.F.3 Lehman/Clay offered Resolution No. 7316, A Resolution Calling a Public Hearing
Regarding a Housing Development and the Issuance of Revenue Bonds under Minnesota
Statutes, Chapter 462C, as amended, and Minnesota Statutes, Section 469.152 through 469.1655,
as amended; and Providing Preliminary Approval to the Issuance of the Revenue Bonds, and
moved its adoption. (Motion carried under the Consent Agenda)
4.F.4 Lehman/Clay moved to authorize the expenditure of $62,500 from the Government
Buildings Internal Service Fund for the recently completed office remodeling at City Hall and
the Community Center. (Motion carried under the Consent Agenda)
Official Proceedings of the June 18, 2013
Shakopee City Council Page 3
5. Recognition of Involved Citizens by City Council.
Mayor Tabke asked if there was anyone in the audience who wished to speak on an item not on
the Agenda.
Gail Mosley, 1565 Dublin Ct., said she's been happy with the service she has received from
Dick's Sanitation, and opposes the proposed City Council decision to switch garbage haulers
from Dick's Sanitation to Allied Waste.
6. Public Hearing
6.A Consideration of Minnesota Investment Fund Application for Rosemount Inc. —
Res. No. 7313.
Clay /Whiting moved to open the public hearing. Motion carried 4 -0.
Samantha DiMaggio, Economic Development Coordinator, stated for the past several months the
City has been working with Rosemount, Inc. for the location of an administration and processing
facility in the former ADC II building, An announcement of the project coming to Shakopee
was issued by Rosemount on June 10th.
Part of the financial incentives offered to Rosemount included up to $500,000 as a grant from the
Minnesota Investment Fund (MIF). Funds are awarded to local units of government who
provide loans to assist expanding businesses. All projects must meet minimum criteria for private
investment, number of jobs created or retained, and wages paid. The State of Minnesota sets a
maximum of $500,000 per project for projects of this size / number of jobs. Terms are for a
maximum of 20 years for real estate and a maximum of 10 years for machinery and equipment.
Staff recommends approving the submittal of the Minnesota Investment Fund application. If
awarded, the Council should also enter into a Grant Agreement with DEED which allows the
issuance of a forgivable loan to Rosemount, Inc.
Mayor Tabke asked if there was anyone in the audience that wished to speak at the public
hearing. No one responded.
Clay /Whiting moved to close the public hearing. Motion carried 4 -0.
Clay /Whiting offered Resolution No. 7313, A Resolution authorizing and approving a Minnesota
Investment Fund Application, Grant Agreement, and Forgivable Loan in connection with
Rosemount, Inc. Motion carried 3 -1, with Cncl. Lehman in dissent.
6.B Minnesota Investment Fund Application for Compass Datacenter, LLC.
Clay /Lehman moved to open the public hearing. Motion carried 4 -0.
Ms. DiMaggio said at the May 21, 2013 City Council meeting, the Council called for a public
hearing to consider a Minnesota Investment Fund application for Compass Datacenter, LLC.
Compass has requested the City apply for a Minnesota Investment Fund (MIF) grant from the
Department of Employment and Economic Development (DEED) on their behalf, and from the
Business Development Public Infrastructure Program (BDPI). The City Council then called for
the required Public Hearing to consider both the MIF and BDPI grants, for 7 PM on June 18th.
Official Proceedings of the June 18, 2013
Shakopee City Council Page 4
Ms. DiMaggio said that there were still some unanswered questions on eligible expenditures,
amount of qualifying grants, and for which DEED programs Compass will qualify. As a result,
staff is not ready to make a presentation at this time. Therefore, she recommends that the Public
Hearing be opened, and be continued to July 16, 2013 at 7:00 p.m.
Mayor Tabke asked if there was anyone in the audience that wished to speak at the public
hearing.
Jordan Olson, 248 Mound St., asked why Council would consider applying for the grant on
Compass Datacenter's behalf when they reduced the number of jobs for the abatement. Mayor
Tabke said that Council did not have enough information and would discuss the issue at the
continued public hearing on July 16, 2013.
Lehman/Clay moved to continue the public hearing for July 16, 2013 at 7:00 p.m. Motion
carried 4 -0.
7. Business removed from the Consent Agenda.
Cncl. Lehman removed from the Consent Agenda, 4.A.2, Approval of Resolution No. 7314
Guaranteeing Operating Funds for Buses Purchased as Part of a Congestion Mitigation Air
Quality Grant (CMAQ), because he wonders if the City should move ahead if the City is
considering partnering with a larger transit entity.
Michael Leek, Community Development Director, stated that purchasing additional buses will
benefit the current riders and adds more capital to the transit services.
Lehman/Whiting offered Resolution No. 7314, a resolution guaranteeing the City's portion of
operating funds for buses being purchased in connection with a 2009 CMAQ grant. Motion
carried 4 -0.
8. Recess for Economic Development Authority Meeting
Clay/Lehman moved to recess for an Economic Development Authority meeting. Motion
carried 4 -0.
9. Reconvene
Mayor Tabke reconvened the City Council meeting.
10. General Business
10.C.1 Presentation by MnDOT of the TH 169 Bridge Repair Project and Associated
Traffic Impacts.
Diane Langenbach of MnDOT presented Council with a brief presentation of the project and the
traffic impacts. The traffic impact will be for approximately 4 weeks and estimated to be in
August, 2013.
She said MnDOT will be doing a bridge repair on the joints, strengthening the shoulders and
making traffic flow improvements to the TH 169 bridge crossing.
Official Proceedings of the June 18, 2013
Shakopee City Council Page 5
She also the zipper merge which will be implemented on the ramp to northbound 169 from Hwy
13/101.
Cncl. Lehman asked for the proposed improvements included a strengthening of drainage grates,
so that traffic could safely travel on shoulder areas of the roadway. Ms. Langenbach responded
that she would check and get the answer to the City.
10.F.1 Adopt Private Activity Revenue Bond Policy — Res. No. 7318
Julie Linnihan, Finance Director, said the City has been approached by a variety of end users to
issue Private Activity Revenue Bonds on their behalf. Some of these users include multi- family
housing developments, senior housing developments, and health care facilities.
The advantage to the businesses is that they are able to use the City's tax - exempt status to get
more favorable bond interest rates when the bonds are sold. Conversely, the City is able to assist
these businesses, while at the same time not incurring any risk or potential impact on the city's
bond credit rating.
Previously, the City has billed for actual expenses incurred due to financial or legal reviews.
However, there are also ongoing costs involved with reporting requirements. Therefore, to
ensure continuity, and to make certain that future reporting costs are covered, a policy for the
issuance of conduit bonds is recommended.
The City Attorney's office, Kennedy & Graven, and the City's Financial Adviser, Springsted,
have provided samples of current policies from other cities for the staff to use when developing a
policy. The EDAC reviewed a staff - recommended policy on June 12, 2013, and subsequently
made a recommendation that the City Council approve the policy. Their only addendum was
that it includes a provision that the benefiting business shall have a tie to Shakopee.
Clay/Whiting offered Resolution No. 7318, A Resolution authorizing the establishment of a
policy and procedures for issuing Private Activity Revenue Bonds. Motion carried 3 -1 with
Cncl. Lehman in dissent.
10.F.2 Presentation by Heading Home Scott /Carver
Patricia Pettit, chair of the Heading Home Scott/Carver organization made a presentation
regarding the Heading Home Scott/Carver program, This program was approved by the Scott
County Commission in April, 2010. Its mission is to eradicate homelessness in the Scott and
Carver County areas within the next 10 years.
She discuss statistics about homelessness in Scott and Carver Counties as well as resources,
outreach, services and community awareness in ending the problem.
11. Council Members' Reports
Cncl. Whiting attended SCALE executive meeting to discuss the upcoming agenda which
includes Highway Transit Corridor workshop. He attended the school board meeting where they
are compiling the results of a survey taken to guide them for the planned referendum for the new
high school. On June 14 he attended the SCALE meeting and discussed legislative updates and
the SCALE Regional Public Safety Training Facility Joint Powers board meeting. Lastly, he
Official Proceedings of the June 18, 2013
Shakopee City Council Page 6
attended the Shakopee Diversity Alliance festival committee meeting. The International Festival
will be held on July 31 as part of Derby Days.
Cncl. Clay had nothing to report.
Cncl. Lehman attended the Shakopee Derby Days meeting. He discussed the resignation of the
vice president and the secretary of Derby Days. The committee is still looking for volunteers
and donations for Derby Days.
Mayor Tabke attended the Municipal Legislative Committee meeting. There was discussion
about the elimination of sales tax for cities. He attended the SCALE meeting, the LMC
conference and Huber Park concert series.
12. Other Business
Lehman/Clay moved to recess for a closed meeting to discuss the potential sale of the Downtown
Fire Department. Motion carried 4 -0.
Mayor Tabke reconvened the meeting. No action was taken during the closed session.
13. Adjourn
Whiting /Clay moved to adjourn to Tuesday, June 25, 2013 at 7:00 p.m. Motion carried 4 -0.
Meeting ended at 9:12 p.m.
ulie A. Linnihan
Finance Director /City Clerk
Kim Weckman
Recording Secretary
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 25, 2013
1. Call to Order, Attendees
Mayor Tabke called the meeting to order at 6:40 p.m.
Present: Mayor Brad Tabke, Councilors Steve Clay (arrived late), Jay Whiting, Pamela
Schurman, and Matt Lehman.
Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development
Director; Bruce Loney, Public Works Director /Engineer; Kris Wilson, Assistant City
Administrator; Julie A. Linnihan, Finance Director /City Clerk; and Samantha DiMaggio,
Economic Development Coordinator
Planning Commission Members: Ryan Magin, Kent Robbins, and Mark McQuillan
Economic Development Advisory Committee: Kari McGuire, Ryan Thorman, Deb Barber, and
Ryan Love
Shakopee Public Utilities: Joe Helkamp, Mark Yost, and Brian McGowan
Presenters: Michael Sobota, Bruce Maus, and Stacy Crakes
2. Introductions
Each person introduced themselves.
3. Authorize Sale of Downtown Fire Station Building
Mr. McNeill reported that the prospective buyer of the Downtown Fire Station Building is Peter
D. Lund. Lund's anticipated use will meet the City's zoning standards for the property. Mr.
Lund has offered $320,000 to purchase the property. A closing date has been set for July 12,
2013.
By State law, the City's Planning Commission must determine that the sale of any real property
which is owned by the City would be in compliance with the City's comprehensive plan. As an
alternative, by a two- thirds vote, the City Council can determine for itself that the sale of the real
property does not impact the City's Comprehensive plan. It would therefore not need to be
considered by the Planning Commission. That was the recommendation of Staff. The Council
concurred.
Whiting/Lehman offered Resolution Number 7322, A Resolution authorizing the sale of certain
real property located at 334 Second Avenue West, Shakopee, MN. Motion carried 5 -0.
Official Proceedings of the June 25, 2013
Shakopee City Council Page 2
5. Consideration of Liquor License Status -RAM Arizona's LLC
Julie A. Linnihan, Finance Director /City Clerk, advised Council that staff had been contacted by
Dennis Heyde, owner of the Arizona/America's Best Value Inn. Mr. Heyde requested that his
business be provided a temporary liquor license for a period of 30 days, to facilitate the sale of
this property. The existing liquor license would otherwise expire on June 30, 2013.
The owner currently has a balance due on the 2012 delinquent property taxes of $240,260. The
City Code contains a provision stating that a liquor license cannot be issued if property taxes are
"delinquent and unpaid." Because this is a City Code requirement, rather than state law, City
Attorney Jim Thomson advised that the City Council may, but is not required to; grant a limited
exception to the requirement.
Dennis Heyde, owner of Arizona/America's Best Value Inn, told the Council that the liquor
license is necessary to facilitate a pending sale, which would allow for payment of the delinquent
taxes.
Whiting /Schuman moved to direct staff to release the license previously approved by the City
Council to the applicant upon the condition that if the property taxes are not paid by 60 days, the
license will automatically become null and void and of no further effect. Discussion followed.
Cncl. Lehman asked if it was legal to override City Code. Mr. McNeill said that the City
Attorney provided the language for the motion.
Mayor Tabke asked for a vote on the motion. Motion carried 5 -0.
6. SCALE 501: Implementing a Plan for Economic Development
Michael Sobota provided a review of past SCALE Workshops and the objective of SCALES 501
which comprises case studies, economic development visions, SCALE Unified Plan update of
the First Stop Shop, and post- recession economic development strategies.
Bruce Maus, Maus Group, LLC talked about economic development and how local economies
work. He also stressed the importance of long term/stable /emerging industries and jobs. Key
industries are headquarters and business services, bioscience and medical device, food and
agriculture, innovation and technology and lastly finance and insurance.
Julie A. Linnihan, Finance Director, discussed property comparisons, and taxable market values
in relation to business types. Factors she suggested to consider are number of jobs, wage range,
benefit eligibility, sustainability of businesses, and the ability to attract others.
Mr. Maus discussed how the cost of electricity and water service can be critical to many
businesses. Samantha DiMaggio, Economic Development Coordinator, suggested that the City
and Shakopee Public Utilities work together to come up with marketing tools for economic
development. She said she frequently receives comments regarding utility incentives. She felt
the City and SPUC should work together on strategies and strategic planning for economic
development.
Official Proceedings of the June 25, 2013
Shakopee City Council Page 3
Mr. Maus asked the participants to discuss what are the City of Shakopee's priorities for
investment, and could result in new commercial/industrial tax base and livable wage jobs.
Several participants spoke about ideas regarding long -term economic development planning,
including the purchase of land, long term agreements with land owners, the offering of business
loans, and others. Mr. Maus said that control is the key to success.
The City of Shakopee's priorities for investment could result in new commercial/industrial tax
base and livable wage jobs and improvements to the CR 101; CR 69/TH169 Interchange area;
and CR 83 corridor.
There was discussion about empty K -Mart warehouse on CSAH, which is approximately one
million square feet in size. A Land use surrounding that site has changed since it was
constructed in 1982, such as the opening of the US 169 by -pass, SMSC purchases, and the
opening of Canterbury Park. It was felt that there was a need to have control and incentive
strategies to market the property.
Mayor Tabke stated that he was looking for parties to take control or ownership of projects. Mr.
McNeill said staff needs to have a discussion because of projects which are currently underway,
and the fact that the City has a planning staff vacancy. The group agreed that the priority
sections of the City are 101 east of Marschall Rd., and the 169 /69 interchange which the County
is working on. It was suggested that the EDAC have discussions on the K -Mart warehouse. The
Planning Commission and City Council could focus on annexation of Jackson Township and the
169/69 corridor.
Mr. Maus said that there is value in building for capital investment, and also to diversify the
City's development portfolio as a key to attracting potential business coming to Shakopee.
7. Other Business
None.
8. Adjourn
Whiting/Clay moved to adjourn to Tuesday, July 2, 2013 at 7:00 p.m.
The meeting ended at 9:00 p.m.
Julie A. Linnihan
Finance Director /City Clerk
Kim Weckman
Recording Secretary