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• OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA FEBRUARY 18,2014
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, Jay Whiting, Matt Lehman, Kathi Mocol and
Mike Luce
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. Pledge of Allegiance
3. Approval of the Agenda
Mr. McNeill asked to add 12.A, Closed Session to discuss the potential purchase of a building at
124 Spencer St.
Whiting/Luce moved to approve the agenda as amended. Motion carried 5-0.
4. Consent Business
Cncl. Lehman asked to remove 4.C.1, Consider Approval of the Cooperative Agreement with
Scott County on the TH 101/CSAH 61 Southwest Connection Project and 4.F.7, Resolution of
Support for the Move MN Transportation Campaign—Res.No. 7417.
Lehman/Mocol moved to approve the Consent Agenda. Mr. McNeill read the Consent items.
Motion carried 5-0.
4.A.1 Lehman/Mocol offered Resolution No. 7418, A Resolution of the City of Shakopee,
Minnesota, Approving the Registered Land Survey for Property Located East of Marschall Road,
West of Dakotah Parkway and North of the Meadows at Mystic Lake Golf Course. (Motion
carried under the Consent Agenda)
4.C.1 Was removed from Consent Agenda.
4.C.2 Lehman/Mocol moved to approve the review and approve a motion accepting the Eagle
Creek Boulevard Traffic Study from CR 17 to CR 83. (Motion carried under the Consent
Agenda)
4.C.3 Lehman/Mocol moved to authorize staff to utilize the re-purchase agreement with Lano
• Equipment, Inc. on Unit#154 and#174, 2013 S-570 Bobcats, for the price of$9,164.00 to be
expended from the Internal Service Equipment Fund. (Motion carried under the Consent
Agenda)
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Shakopee City Council Page 2
4.C.4 Lehman/Mocol moved to approve the Roundabout Design Alternative for McKenna
Road and Valley View Road by the Shakopee Mdewakanton Sioux Community(SMSC).
(Motion carried under the Consent Agenda)
4.D.1 Lehman/Mocol moved to approve the position description for the position of Foreman/
Forewoman. (Motion carried under the Consent Agenda)
4.D.2 Lehman/Mocol offered Resolution No. 7414, A Resolution Amending Resolution No.
7393, A Resolution Adopting the 2014 Pay Plan for Certain Non-Union Employees of the City
of Shakopee, and move its adoption. (Motion carried under the Consent Agenda)
4.D.3 Lehman/Mocol offer Resolution 7419, a Resolution Adopting a Policy on Benefits&
Compensation for Non-Union Supervisor of Union Employees, and move its adoption. (Motion
carried under the Consent Agenda)
4.F.1 Lehman/Mocol moved to approve the bills in the amount of$655,166.59 and electronic
transfers in the amount of$440,026.61 for a total of$1,095,193.20. (Motion carried under the
Consent Agenda)
4.F.2 Lehman/Mocol moved to approve the minutes from January 21, 2014 and February 5,
2014. (Motion carried under the Consent Agenda)
4.F.3 Lehman/Mocol moved to set a hearing for Tuesday, March 18, 2014, at 7:00 p.m., or
thereafter,to review the actions of the tobacco licensee Riverside Liquors. (Motion carried under
the Consent Agenda)
4.F.4 Lehman/Mocol moved to set a hearing for Tuesday, March 18, 2014 at 7:00 p.m., or
thereafter,to review the actions of Chaska Market, Holiday(Greenwood Ct), Knights of
Columbus, Pho83 and Sam's Club. (Motion carried under the Consent Agenda)
4.F.5 Lehman/Mocol moved to authorize the expenditure of$18,100 from the General
Government Buildings Fund for the purchase of new chairs for the Council chambers and
expansion of the City Hall key card access system. (Motion carried under the Consent Agenda)
4.F.6 Lehman/Mocol moved to authorize the execution of the Joint Powers Agreement with
Scott County for the Sentencing to Service program for the year 2014. (Motion carried under the
Consent Agenda)
4.F.7 Was removed from Consent Agenda.
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. No one responded.
6. Public Hearings:
None
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Shakopee City Council Page 3
S7. Business Removed from the Consent Agenda
Cncl. Lehman asked for the removal of 4.C.1, Consider Approval of the Cooperative Agreement
with Scott County on TH 101/CSAH 61 Southwest Connection Project because he is concerned
about the City paying for four street lights on a County road. He said the County needs to
establish a lighting policy for all County roadways with in the City limits.
Lehman/Luce moved to authorize the appropriate City officials to execute the Cooperative
Agreement with Scott County for the TH101/CSAH 61 Southwest Connection Project. Motion
carried 5-0.
Cncl. Lehman asked for the removal of 4.F.7, a Resolution of Support for the Move MN
Transportation Campaign, Resolution No. 7417, because he would like more detail about the
Move MN Transportation Campaign's funding and impacts.
Lehman/Mocol moved to table to March 18, 2014. Motion carried 4-1 with Cncl. Whiting in
dissent.
8. Recess for Economic Development Authority Meeting
Lehman/Mocol moved to recess for an Economic Development Authority meeting. Motion
carried 5-0.
9. Reconvene
• Mayor Tabke reconvened the meeting.
10. General Business
10.A.1 Final Plat of Southbridge Crossings East 3rd Addition, Over-length cul-de-sac
variance, and shared driveway determination for River Valley Church-Res.No. 7416
(Caselog 14-007)
Mr. Leek said VanMan Architects and Builders,representing River Valley Church has proposed
the Final Plat of Southbridge Crossings East 3rd Addition, an over-length cul-de-sac variance,
and a shared driveway determination to allow for the proposed site design and lot configuration
for the final plat of Southbridge Crossings East, 3rd Addition for River Valley Church.
In order to develop the site, River Valley Church is requesting Final Plat approval, which creates
a platted lot for the church(Lot 1, Block 1), Outlot A to the east of the church site, and Outlot B
to the south of the church site. The future uses for Outlots A and B are not known at this time.
All property in the plat is zoned B-1 Highway Business and guided for commercial use.
At the February 6, 2014 Board of Adjustment and Appeals meeting,the Board recommended
approval the Conditional Use Permit requests for both a church and an over-height structure.
The final plat proposes the creation of one buildable lot for the church with access from a cul-de-
sac. The creation of a cul-de-sac allows for a vehicle turn around and provides public street
• access to Outlot A in the future.
The shared driveway determination was reviewed by the Planning Commission at the February
6th meeting. The Planning Commission recommended that the City Council approve the
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Shakopee City Council Page 4
proposed shared driveway for both accesses to the church site. 1111
Mr. Leek said after the Planning Commission meeting the applicant and their representatives
expressed their concerns about the alignment. Staff met with the applicant to discuss it and their
end position was to accept the recommendation regarding the location of the driveway off the
cul-de-sac. In response to the discussion, staff has made changes to the resolution which Mr.
Leek outlined for Council.
Lehman/Whiting offered revised Resolution No. 7416, A Resolution of the City of Shakopee,
Minnesota Approving the Final Plat of Southbridge Crossings East 3rd Addition, an Over-
Length Cul-De-Sac Variance, and Shared Driveway Determination, and move its adoption.
Motion carried 5-0.
10.C.1 Approve a Cooperative Agreement with Scott County for a Mini-Roundabout at the
intersection of CR 79 & Vierling Drive
Mr. Loney said Scott County applied for Federal funds to study and construct a mini-roundabout
at CR 79 &Vierling Drive. This intersection was selected by the State of Minnesota as a
candidate for funding a mini-roundabout due to the inefficiency of the existing 4-way stop, and
the resulting backup of traffic during the morning and evening peak hours.
Initially this intersection was reviewed by a Federal Highway Engineer(FHA) and concluded
significant improvement could be obtained with a roundabout.
Scott County hired WSB &Associates, Inc. to further study the intersection and provide a •
preliminary design along with a nationally known designer of mini-roundabouts. The results of
the study and design were presented at an open house on January 15, 2014 Council meeting.
Over 850 notices were sent out to the surrounding neighborhood and 18 persons attended the
open house with comments from 7 persons. Comments received were in favor and against with
the main concern being pedestrians safety within the roundabout.
Andy Plowman, Project Engineer with WSB and Associates provided Council with a
presentation of the proposed planned roundabout.
Tony Winiecki of Scott County discussed pedestrian safety within the roundabout.
Whiting/Luce moved to authorize the appropriate City officials to execute a Cooperative
Agreement with Scott County for a Mini-Roundabout at the intersection of CR 79 &Vierling
Drive. Discussion followed.
Mayor Tabke discussed the possibility of installing light flashing signs near the roundabout. Mr.
Winiecki discussed the non-effectiveness of flashing lights. Cncl. Lehman also discussed his
concerns regarding pedestrian safety.
Mayor Tabke asked for a vote on the motion. Motion carried 5-0.
10.E.1 Approving Plans and Specifications for Southbridge Community Park and
Authorization to Advertise for Bidding,Resolution No. 7415
Ms. Polley said the City Council approved the park plan at a previous meeting and directed staff
to prepare the plans and specifications for park development. The City Council also directed
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Shakopee City Council Page 5
• staff to include alternates within the bid documents that would reduce the construction estimate
to $1 million or less.
Candace Amberg of WSB developed construction plans and specifications. The only amenity
change had increased the size of the dog park, from just under 10 acres in size, to approximately
13 acres. Based on the topography and site qualities, the fencing in the SW corner of the dog
park had been moved to run along the tree line. An additional trail could be added to the interior
of the dog park in the SW corner.
On February 10, 2014 the PRAB reviewed the updated plan and cost estimates. They
recommended to the City Council a plan with a base bid of under$1 million. The PRAB also
recommended paving of the interior trail to be added to the list of bid alternates. Following the
PRAB meeting, Shakopee Public Utilities indicated a desire for the water service to be looped,
which would add approximately$25,000 to the project estimate.
WSB was able to firm up the numbers based site surveys and soil testing that gave more precise
estimates on the work and quantities required. The base bid for the park includes the parking
area, dog park fencing with maintenance gates, aggregate trails within the dog park, drinking
fountain,paved trail along the parking lot,preparation of the hockey rink, aggregate interior trail,
utilities to the building area and the emergency connection to the town homes. A 5%contingency
was not included in the base bid.
• To reduce the cost of the park construction, staff and WSB recommended the following
alternates in the bid document(estimated reduction costs):
1. Construct the exterior trail of the park at a later date- $78,000
2. Soils corrections beneath the alternate exterior trail - $24,000
3. 6" concrete pavement for hockey rink- $116,800
4. Dog Park shelter structure - $34,000
5. Interior park shelter- $30,000
6. Additional all-breed dog trail (SW corner) - $10,000
7. Boardwalk through wetland area- $5,000
8. Paving the interior asphalt trail (recommended by the PRAB) - $14,000
9. Aggregate for small dog area- $6,000
10.Native Landscape 2-year maintenance & enhancement plan- $12,000
11. Stabilization for dog park trails- $16,000
There are three items that will be completed or organized by City Staff. The amount of each
item is included in the base bid estimate,but will not be included in the contract bid. The
construction of the hockey rink and shelter/warming house by the Public Works division will be
completed as time and staffing allows. The savings to the City by completing and organizing the
following items is as follows:
1. Hockey boards and hockey fencing to be installed by the Public Works Department- $5,000
2. Shelter/Warming house to be constructed by the City's Public Works Department- $25,000
3. Utilize donated lights for the hockey rink- $45,000
• Additional options for reducing the overall costs include:
1. Construct only mowable trails within the All-Breed Dog area- $30,000(could be put in as an
alternate)
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Shakopee City Council Page 6
2. Finalizing the SPUC costs for water- The base bid includes looping the water line from the •
entrance of the park to the townhouse development to the east. A meeting with SPUC the week
of February 17th will determine if that would be required.
The proposed time line for this park is to have advertisements for bids run on March 13th and
20th. The Bid Opening would be scheduled for April 3, 2014,with the Award of Contract to be
considered at the April 15th City Council meeting.
Mayor Tabke asked that the northeastern part of the dog park be reduced to 10 acres total.
Whiting/Lehman amended Resolution No. 7415,A Resolution of the City of Shakopee
Approving Plans and Specification for Southbridge Community Park and Authorization to
Advertise for Bidding. Discussion followed.
Luce/Lehman asked for an amendment to the resolution is to eliminate the northeastern part of
the dog park, which would reduce the dog-use portion of the park to 10 acres total. Motion
carried 5-0.
Mayor Tabke asked for a vote,to include the amendment. Motion carried 5-0.
Whiting/Mocol moved to authorize the bid opening on April 3, 2014 at 1 p.m. Motion carried 5-
0.
Lehman/Mocol called for a recess. Motion carried 5-0.
Mayor Tabke reconvened the meeting. •
10.E.2 Authorization to Collaborate with Three Rivers Park District on Southbridge
Community Park Dog Park Season Passes and Daily Fees
Ms. Polley said that during the development of the plans for Southbridge Community Park
(SCP),the idea of charging a fee for the dog park was supported by members of the dog park
committee, and the Shakopee Police Department. The PRAB voted to charge an admission fee
for the use of the dog park. Staff has been pursuing a potential partnership with Three Rivers
Park District(TRPD) on the potential use of dog park season passes as a recommendation from
the dog park committee.
The proposal states 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 a"LUKE"-brand automated pay
station that could be linked to the TRPD's system. The pay station could also be linked to the
City's system. The pay station would track daily fees. The City would retain 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. The City would be
responsible for the maintenance and management fees of the automated pay station. The TRPD's
Board of Commissioners was unanimously supportive of the idea.
The PRAB commented that they would like to see the Parks and Recreation Department also be
able to sell the passes on-line. This alternative would be further discussed with TRPD, if the •
City Council authorized staff to negotiate an agreement with TRPD for the revenue generated
from the dog park passes. The PRAB is recommending the partnership to the City Council.
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Shakopee City Council Page 7
• The cost to install the automated system is approximately $18,000,which could become part of
the Southbridge Community Park project cost. The monthly fee for the automated pay station is
between$75-$100,which would include the secure connection line from the LUKE to TRPD's
credit card merchant provider and credit card transactions. In addition,there are approximately
$250 annually in bank charges. The approximate annual revenue, minus the connection and
banking fees is approximately $2,400.
After discussion, it was the consensus of Council that staff should obtain more information and
negotiate the partnership with TRPD.
Mocol/Luce moved to authorize staff to negotiate a partnership agreement with Three Rivers
Park District on the dog park annual passes and daily fees. Discussion followed.
Cncl. Lehman asked that staff will take into consideration all of Council's concerns and look also
look at a stand-alone permit process.
Mayor Tabke asked for a vote on the motion. Motion carried 5-0.
10.F.1 Appointments to Boards and Commissions—Res.No. 7413
Mr. McNeill noted that various terms on boards and commissions expire February 28, 2014, or
until their successors are appointed and qualified.
4111 On February 12th, an interview panel consisting of Councilors Mike Luce and Kathi Mocol and
a representative from the boards and commissions interviewed a total of 13 applicants. An
additional candidate is to be interviewed on February 18.
After reviewing the qualifications,the interview committee made the following
recommendations: (Appointments to the EDAC will take place at the Economic Development
Authority meeting)
Planning Commission/BOAA—Michael Klemm*, Mark Seifert
Park and Recreation Advisory Board—Jeremy Casper, Aaron Freng, Mark Hill*
Shakopee Public Utilities Commission—Terry Joos*, (one vacancy remains)
Police Civil Service Commission—Joan Lynch
Environmental Advisory Committee—Lillian Abeln (one vacancy remains)
(*incumbent)
Staff is recommending that additional time be granted to interview the additional candidate.
Recommendations regarding the final vacancies would be brought to the City Council at the
March 4, 2014 City Council meeting.
Councilor Lehman questioned why the panel had not recommended re-appointing the Civil
Service Commission incumbent.
Whiting/Luce offered Resolution No. 7413,A Resolution Appointing Individuals to Various
Boards and Commissions. Motion carried 4-1, with Cncl. Lehman in dissent.
10.F.2 Policy Directives from the February 5,2014 City Council Work Session
Mayor Tabke said staff put together a summary of the workshop meeting. He felt Council wasn't
clear on the wording. Mayor Tabke said he would like to make a wording change on the policy
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Shakopee City Council Page 8
directive. The original wording for policy directive B was"Provide opportunities to live and •
work in Shakopee by following consistent practices for the use of the economic incentives."
Mayor Tabke said he would like to take out the words "live and"because leaving the words "live
and work" in place could be perceived that Council was going to do economic incentives for
residential projects.
After a discussion regarding the wording change, Council was asked to make a motion.
Whiting/Mocol moved to approve policy directives A and C and the Over-riding focus of
providing a quality of life for Shakopee residents by enhancing livability and move its adoption.
Motion carried 5-0
11. Council Members' Reports
Cncl. Lehman had no report.
Cncl. Mocol had no report.
Cncl. Luce attended the school board meeting and they are counting on the referendum passing
so they are making plans to go forward with the new high school.
Cncl. Whiting attended the EDAM conference award presentation where Shakopee won the
award for best business recruitment with the Shutterfly project. He also attended the Derby Days
annual meeting on 1/23/14. On 01/29/14 he attended"Soup with the Supe"presentation
regarding the high school referendum. On 01/30/14 he attended the Diversity Alliance annual
meeting. A new board was elected and bylaws were adopted. On 02/03/14, he attended the
•
Shakopee Public Utilities Commission meeting. SPUC approved the 2014 City partnership for
water main replacement and reconstruction project, and held a neighborhood meeting regarding
water tank#7 projects. On 02/06/14 he attended the MN CAR real estate awards presentation,
where the group that managed and brokered the deal for the Emerson project won for best
industrial real estate transaction. On 02/13/14 he visited the open house put on by Scott County
for the CR 16 project. On 02/14/14 he attended the general membership meeting for SCALE,
where the SCALE legislative priorities were presented to the local state legislators.
Mayor Tabke attended a ribbon cutting for a new business,Mathnasium, on 01/28/14. On
01/30/14, he attended the Shakopee Diversity Alliance meeting. On 02/06/14 he attended the
MN CAR award presentation. On 02/10/14 he said he testified at the joint hearing of the
Minnesota Senate and House of Representatives regarding transportation. On 02/14/14 he
attended the SCALE meeting.
12. Other Business
12.A Closed Session to Discuss Potential Property Purchase at 124 Spencer.
Lehman/Luce moved to closes session in accordance with Minnesota State Statutes Chapter
13.D.05 to discuss the potential property purchase at 124 Spencer St. Motion carried 5-0.
Mayor Tabke reconvened the meeting and announced no action had been taken.
13. Adjourn •
Whiting/Mocol moved to adjourn to Tuesday, March 4, 2014 at 7:00 p.m. Motion carried 5-0.
Official Proceedings of the February 18, 2014
Shakopee City Council Page 9
• Meeting ended at 10:05 p.m.
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Julie . Linnihan
Finance Director/City Clerk
Kim Weckman
Recording Secretary
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