HomeMy WebLinkAbout08/21/2012 TENTATIVE AGENDA
CITY OF SHAKOPEE
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA August 21, 2012
LOCATION: Council Chambers, City Hall, 129 Holmes Street South
Councilmember Schurman will be participating by interactive TV at Mainstay Suites,
301 South 45th Street, Rogers, Arkansas
Sha�,opee Mission Statement
7�ie 9l�(ission of the City of SFiakopee is to provide the opportunity to Cive, work,ancCpCay in a
community witFi a proud past,prom�ring future, andsma�Gtown atmospFiere witFiin a metropoCitan setting.
Agenda items are tied to the following long-term goals that support the City's strategic vision as noted after each
agenda item:
A. Keep Shakopee a safe and healtl�y community where residents can pursue active and quality lifestyles.
B. Positively manage the challenges and opportunities presented by growth,development and change.
C. Maintain the City's strong financial health.
D. Maintain,improve and create strong partnerships witli other public and private sector entities.
E. Deliver effective and ef�cient public services by a staff of well-trained,caring, and professional employees.
F. Housekeeping item
Mayor Brad Tabke presiding
1] Roll Call at 7:00 p.m.
2] Pledge of Allegiance
3] Approval of Agenda
4] Consent Business— (All items listed in this section are anticipated to be routine. After a
discussion by the Mayor, there will be an opportunity for members of the City Council to remove
items from the consent agenda for individual discussion. Those items removed will be considered
following the public hearing portion of the agenda. Those items remaining on the consent agenda
will otherwise not be individually discussed and will be enacted in one motion.)
A] Parks, Recreation and Natural Resources
1. Approve Use of Park Reserve Funds for Park Improvements (D)
B] Police and Fire
1. Approve Department of Corrections Mutual Aid Agreement (D)
2. Approve Payment to the Scott County Meth Task Force (A)
C] Community Development
1. Approve Preliminary and Final Plat of Valley Park 17t" Addition—Res. No. 7222 (B)
TENTATIVE AGENDA
August 21, 2012
Page 2
4] Consent Business continued:
D] Public Works and En�ineering
1. Authorize Extension Agreement with WSB & Associates, Inc. for Design of Lift
Station L-16 Sewage Grinder Installation (E)
2. Approve Traffic Control Change for 13th Avenue and Polk Street (E)
3. Approve School Speed Zone Traffic Control Signage for All School Speed Zones
in Shakopee (A)
E] Personnel
1. Successful Completion of Probationary Period - CSO Philip Sendelbach (E)
F] General Administration
1. Approve Bills in the Amount of$2,379,554.06 (C)
2. Approve Minutes of July 31 and August 8, 2012 (F)
3. Police Station Lighting Upgrade (F)
5] RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL— (Limited to five
minutes per person/subject. Longer presentations must be scheduled through the City
Clerk. As this meeting is cablecast, speakers must approach the microphone at the
podium for the benefit of viewers and other attendees.)
6] Public Hearing: Vacation of Right-of-Way Adjacent to Rahr Malting Company -� Res. No. 7223
7J Business removed from the consent agenda will be discussed at this time
8] Recess for Economic Development Authority Meeting
9] Reconvene
10] General Business:
A] Parks. Recreation and Natural Resources
B] Police and Fire
C] Community Development
1. Review of the Conditional Use Pennit and Mineral Extraction and Land
Rehabilitation Permit for Shakopee Gravel (B)
2. Request to Rezone Property from Business Park to Highway Business —
Res. No. 7224 (B)
3. Approval of Text Amendment for Electronic Signage— Ord. No. 859 (B)
4. Fa�ade Improvement Program (B)
D] Public Works and En�ineerin�
1. MnDOT Presentation on TH 169 and CR 69 Bridge Aesthetics (D)
TENTATIVE AGENDA
August 21, 2012
Page 3
10] General Business continued:
E] Personnel
F] General Administration
11] Council Members' Reports
12] Other Business
13] Recess for a Closed Session to Consider the Sale of Real Property(Downtown Fire Station)
14] Reconvene
13] Adjourn to Tuesday, August 28, 2012, at 6:30 p.m.
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 21, 2012
Acting Mayor Matt Lehman called the meeting to order at 7:00 p.m.
Present: Councilors Matt Lehman, Steve Clay and Jay Whiting.
Absent: Mayor Brad Tabke and Councilor 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 Linnihan, Finance Director /City Clerk; Jeff Tate,
Police Chief; and Jim Thomson, City Attorney
2. The Pledge of Allegiance was recited.
3. Acting Mayor Lehman asked if there were any additions or deletions to the agenda. Mr.
McNeill asked to add 4.D.4, Consider Approval of a CSAH 18 Trail Change Order, to the
Consent Agenda.
Whiting /Clay moved to approve the agenda as amended. Motion carried 3 -0.
4. Acting Mayor Lehman asked if there were any additions or deletions to the Consent
Agenda.
Cncl. Clay moved to approve the Consent Agenda as amended. Acting Mayor Lehman
asked to remove 4.D.4, Consider Approval of a CSAH 18 Trail Change Order, and 4.D.3,
Approve School Speed Zone Traffic Control Signage for All School Speed Zones in
Shakopee.
Whiting /Clay moved to approve the Consent Agenda as modified. Mr. McNeill read the
Consent Agenda. Mayor Tabke arrived at 7:05 p.m. Motion carried 4 -0.
4.A.1. Whiting /Clay moved to approve the funding of $5,000 for the construction of a new
outdoor grilling station to be utilized from the Lions Park land sale proceeds currently
held in the Park Reserve Fund. (Motion carried under the Consent Agenda)
4.B.1. Whiting /Clay moved to authorize the appropriate city officials to enter into a Mutual Aid
Agreement with the MN Department of Corrections - Shakopee Facility. (Motion carried
under the Consent Agenda)
4.B.2. Whiting/Clay moved to authorize the payment of $1,500 from the police department's
drug forfeiture fund to the Meth Task Force for anti -drug presentations in the Shakopee
schools for the 2012 -2013 school year. (Motion carried under the Consent Agenda)
4.C.1. Whiting /Clay offered Resolution No. 7222, A Resolution Approving the Preliminary and
Final Plat of Valley Park 17 Addition, subject to conditions, as presented, and move its
adoption. (Motion carried under the Consent Agenda)
Official Proceedings of the August 21, 2012
Shakopee City Council Page 2
4.D.1. Whiting /Clay moved to authorize the appropriate City Officials to execute an extension
agreement with WSB & Associates, Inc. for a Lift Station L -16 Sewage Grinder
Installation. (Motion carried under the Consent Agenda)
4.D.2. Whiting /Clay moved to direct staff to install stop signs on Polk Street with the
intersection of 13 Avenue. (Motion carried under the Consent Agenda)
4.E.1. Whiting /Clay moved to grant Philip Sendelbach full -time, regular status as a Community
Service Officer with the Police Department. (Motion carried under the Consent Agenda)
4.F.1. Whiting /Clay moved to approve the bills in the amount of $1,411,969.20 and electronic
transfers in the amount of $967,584.86 for a total of $2,379,554.06. (Motion carried
under the Consent Agenda)
4.F.2. Whiting /Clay moved to approve the minutes of July 31, 2012 and August 8, 2012.
(Motion carried under the Consent Agenda)
4.F.3. Whiting /Clay moved to authorize replacement of 28 light fixtures at the Police Station at
a cost not to exceed $23,000 to be taken from the General Government Building IS Fund
(Motion carried under the Consent Agenda)
Cncl. Lehman turned the gavel over to the Mayor.
5. Mayor Tabke asked if there was anyone in the audience who wished to speak on an item
that is not on the agenda.
Tom Scott, 1988 Evergreen Lane, representing some fellow homeowners in the Valley
Creek Crossing development in regards to a drainage issue within the development. He
provided to each of the Council members documentation and a bid from a contractor to
correct the issue. He and his neighbors are looking for some monetary assistants from the
City with the drainage problem.
Cncl. Schurman joined the via a remote telecommunication connection at 7:11 p.m.
Bruce Loney, Public Works Director /Engineer gave Council a brief overview of the
neighborhood and the problem they are experiencing with regard to drainage issues.
Lehman/Clay moved to refer the issue to staff for further follow -up. Motion carried 5 -0.
6. Whiting /Clay moved to open the public hearing for Vacation of Public Right -of -Way on
property owned by Rahr Malting Company. Motion carried 5 -0.
Michael Leek presented Council with a detailed map of the sites that Rahr is requesting
for a vacation of rights -of -way. The proposed vacations are part of Rahr's plan to
consolidate their property into a more manageable legal description.
City departments, Scott County and other outside agencies were given the opportunity to
review and provide comments regarding the application. Mr. Leek discussed the
conditions that were provided by Engineering, Shakopee Public Utilities and Xcel
Energy.
Official Proceedings of the August 21, 2012
Shakopee City Council Page 3
The Planning Commission considered the request at its meeting and has recommended
the approval subject to recording of drainage and utilities easements over portions of the
subject area.
Mayor Tabke asked if there was anyone in the audience that wished to speak at the public
hearing. No one responded.
Whiting/Lehman moved to close the public hearing. Motion carried 5 -0.
Lehman/Whiting offered Resolution No. 7223, A Resolution Approving a Vacation of
Public Rights -Of- Way adjacent to Rahr Malting Company, and move its adoption.
Motion carried 5 -0.
7. Mayor Tabke asked to discuss items removed from the Consent Agenda. Mr. Loney
presented 4.D.3, Approve School Speed Zone Traffic Control Signage for all School
Speed Zones in Shakopee.
At the August 6, 2012 meeting of the Traffic Safety Review Committee (TSRC), the
Committee reviewed the school speed zone signage for all schools and is recommending
to us "When Children are Present" advisory plates on sinage for all school speed zones.
This change would affect the school speed zones for 10 Avenue by the West Junior
High, Shakopee Avenue by Pearson 6 Grade Center and Independence Drive by SACS.
Chief Tate stated that according to State Statute, school speed limits shall be in effect
when children are present going to or leaving school during opening or closing hours or
during school recess periods.
Cncl. Lehman suggested that all the schools have a 20 mph speed limit sign posted
permanently because of all of the activities after school as well as on the weekends.
Chief Tate said doing that would be conflicting from an enforcement stand point because
of what the statute reads.
Mike Luce, 913 Atwood St., addressed Council with his concerns about the signage. He
suggested that a definition of what the signage means is should be published for the
public.
Whiting/Clay moved to approve a motion approving a school speed zone signage change
for all school speed zones in Shakopee to "When Children are Present ". Motion carried
4 -1 with Cncl. Lehman opposing.
Lehman asked staff to put together a public educational piece for the City website
regarding the motion. Mr. McNeill said he would have staff follow up with the request.
Mr. Loney presented Council with 4.D.4, Consider Approval of a CSAH 18 Trail Change
Order. This action would approve a change order not to exceed $20,000 with Valley
Paving, Inc. to make additional trail improvements on the trail adjacent to the wetland on
the west side of CSAH 18.
Lehman/Whiting moved to authorize staff to approve a change order not to exceed
$20,000 with Valley Paving, Inc. to make additional trail improvements on the trail
adjacent to the wetland to the west side of CSAH 18. Motion carried 5 -0.
Official Proceedings of the August 21, 2012
Shakopee City Council Page 4
8. Whiting/Clay moved to recess for an Economic Development Authority meeting. Motion
carried 5 -0.
9. Mayor Tabke reconvened the meeting at 8:15 p.m.
10.C.1. Mr. Leek presented Council with the Review of the Conditional Use Permit and Mineral
Extraction and Land Rehabilitation Permit for Shakopee Gravel.
Mr. Leek said that Shakopee Gravel, Inc. received approval of an amendment to the CUP
and mineral extraction and land rehabilitation permit for their operation located at 1650
County Rd. 83. The condition of approval includes a requirement that the permits be
reviewed annually by the Board of Adjustments and Appeals and City Council which
voted to approve the review of the permit.
Clay /Lehman offered Resolution No. 6533, A Resolution of the City of Shakopee,
Minnesota, Granting the Renewal of Amended No. 4 to Conditional Use Permit No. 33-
376 (and Subsequent Amendments No. 1,2 & 3) and the Mineral Extraction and Land
Rehabilitation Permit to Operate a Mine within the Mining Overlay (MIN) Zone. Motion
carried 5 -0.
10.C.2. Mr. Leek presented the Request to Rezone from Business Park to Highway Business.
HHS, LLC has made application for the rezoning of an approximately 11 acre parcel
located south of 12 Avenue, north of Highway 169, and east of CSAH 83. The
applicant is requesting that the property be rezoned from Business Park to Highway
Business.
The request for rezoning to Highway Business is not consistent with the City's
Comprehensive Plan. The Comprehensive Plan guides this property for Business Park
uses, therefore making it consistent with its existing zoning.
The Planning Commission reviewed this request and recommended to the Council that
the rezoning request be denied.
Jim Heinitz, CEO of Ashley Furniture Home stores and Bill Hinks CEO Furniture Mart
stores addressed Council in reconsidering the Planning Commission's recommendation to
deny the request. They stated that there are plans to put up a Holiday Inn Express on the
site, along with another home type service store.
Whiting/Lehman moved to direct staff to take the appropriate steps to proceed with the
rezoning of the property from Business Park to highway business and to change the land
use classification. Motion carried 4 -0 (Cncl. Schurman's remote telecommunications
connected was disconnected and she was not able to vote. Her connection was later re-
established.)
Lehman/Whiting moved to break for five minutes. Motion carried 5 -0.
Mayor Tabke reconvened the meeting at 9:10 p.m.
10.C.3. Mr. Leek presented Council with the Text Amendment for Electronic Signage.
Mr. Leek said that Holiday StationStores has mad application for a text amendment
regarding electronic signage. As part of its application, the applicant provided two
Official Proceedings of the August 21, 2012
Shakopee City Council Page 5
alternatives for draft language. The alternatives proposed a changed in the amount of
time allowed between message changes on electronic signage. Current regulations allow
electronic messages to change 8 times per day and no more often than 30 minutes.
Mr. Leek said the Planning Commission reviewed the proposed text amendment and
recommended approval of the amendment to City Council.
Lehman/Whiting moved to approve Ordinance No. 859, An Ordinance Amending
Chapter 11 Regarding Electronic Signage, as presented or with revisions, and move its
adoption. Motion carried 3 -1 with Cncl. Clay opposing. (Cncl. Schurman's connection
was again disconnected and she was not able to vote.)
10.C.4. Mr. Leek presented Council with the Facade Improvement Program.
He provided history of the program and the direction sought by the Economic
Development Advisory Committee (EDAC).
Mr. Leek said that several months ago Mayor Tabke and Cncl. Whiting requested that the
EDAC discuss the recommended alternatives for the EDA/City Council to consider in
reinstating a loan program.
The recommendations by the EDAC include that the program be available to business in
commercial zones throughout Shakopee; the loan be forgivable as in the past; the
maximum loan be $15,000 and that the applicant provide a 60% match to the loan; the
loans be available for improvements to building facades; that the application and
evaluation criteria be modified as evidence on the attachments; and funding be increased
to $150,000.
Cncl. Whiting would like to see more weight in the decisions made by the EDAC for
historic sites and historic preservation.
Lehman/Whiting moved to direct staff to proceed with the reinstatement of the City's
facade improvement program as recommended by the EDAC or with revisions as
suggested by the EDA to review criteria after applications are submitted and bring it back
January 1 Motion carried 4 -0 (Cncl. Schurman connection was disconnected and she
was not able to vote.)
10.D.1 Mr. Loney introduced Council to the MnDOT Presentation on TH 169 and CR 69 bridge
aesthetics.
Mr. Loney provided a layout of the TH 169/69 interchange project. He said that Scott
County has received funding from MnDOT to construct the interchange. Part of the
bridge design is to look at aesthetics to the bridge that the City, County and Townships
may want to have at this location.
David Hall of Mn/DOT provided Council with three options of various aesthetic
treatments for the bridge project.
Whiting/Lehman moved to approve concept #3, with the railing aspects that resemble
Memorial Park along with the Shakopee brick color for the TH 169/69 overpass. Motion
carried 5 -0.
Official Proceedings of the August 21, 2012
Shakopee City Council Page 6
11. Mayor Tabke asked for Council Liaison reports. Cncl. Schurman had nothing to report.
Cncl. Lehman said he met with the VFW with regard to having flags on First Avenue.
He said they will be bringing something to Council in the future. Cncl. Clay had nothing
to report. Cncl. Whiting attended the Chamber Visitor Bureau meeting and he had
nothing to report. Mayor Tabke attended the SCALE meeting. There was discussion
about interacting with news media. He said SCALE also discussed social media and how
to improve it throughout the County.
12. No other business to report.
13. Clay/Lehman moved to go into closed session to consider the sale of real property
specifically the downtown fire station. Motion carried 5 -0.
Mayor Tabke reconvened at 10:20 p.m. and stated that no action was taken during the
closed session.
Lehman/Clay moved to Tuesday, August 28, 2012 at 6:30 p.m. Motion carried 5 -0.
4 1/ajlitn-)
lie A. Linnihan
Finance Director /City Clerk
Kim Weckman
Recording Secretary