HomeMy WebLinkAbout05/21/2013 TENTATIVE AGENDA
Shakopee City Council
Adj. Regular Session 7:00 p.m. May 21, 2013
LOCATION Council Chambers City Hall 129 Holmes Street South
Shakopee Mission Statement
The Mission of the City of Shakopee is to provide the opportunity to live, work and play in a community with a proud
past, promising future, and small town atmosphere within a metropolitan 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 healthy 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 with other public and private sector entities.
E. Deliver effective and efficient public services by a staff of well - trained, caring, and professional employees.
F. Housekeeping item.
Mayor Brad Tabke presiding
1) Roll Call
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) Community Development
1) Approval of Transfer of Regional Transit Capital Funds to Scott County - Res. No. 7310 (D)
2) Final Plat of Dean Lakes Ninth Addition - Res. No. 7309 (B)
B) Police and Fire
C) Public Works and Engineering
1) Declaring Adequacy of Petition, Ordering an Improvement and the Preparation of Plans and
Specifications for the Opus Northwest Improvements for Valley Park Business Center, Project No.
2013 -6, Res. No. 7304 (D)
2) Parking Restriction on Valley View Road, from Evergreen Lane to Sarazin Street, Project No.
2012 -7, Res. No. 7307 (F)
D) Personnel
1) Successful Completion of Probationary Period -- Officer Mike Santos (E)
2) Successful Completion of Probationary Period -- Richard Thomson (E)
3) Resignation of Planner II Julie Klima (F)
4) Appointment to Sergeant (E)
E) Parks, Recreation and Natural Resources
1) Woodland Alteration Permit Fee - Ord. No. 869 (13)
F) General Administration
1) Approval of the Bills in the Amount of $723,181.83 (F)
2) Approval of the Minutes from May 7, 2013 (F)
3) Acceptance of Donations for Downtown Flower Baskets - Res. No. 7305 (F)
4) Shakopee Lions Club Temporary Beer Licenses (F)
5) Authorization to Fund Street Banners for First Avenue (A)
6) Approval of Applications to the Minnesota Department of Employment and Economic
Development's (DEED) Business Development Public Infrastructure Grant Program - Res. No. 7302
and No. 7303 (D)
7) Setting a Public Hearing for a Minnesota Investment Fund Loan for Compass Datacenter, LLC -
Res. No. 7311 (D)
8) Setting a Public Hearing for a Minnesota Investment Fund Loan for Rosemount Inc. - Res. No. 7312
(D)
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) Business removed from the Consent Agenda will be discussed at this time
7) Recess for Economic Development Authority Meeting:
8) Reconvene
9) General Business:
A) Community Development
1) Rezoning of Property at 1480 Third Ave W from B -1, Highway Business and R -3, Multiple Family
Residential to Light Industrial, I -1 zone and Reguiding of the Property from Commercial to
Industrial - Res. No. 7308 (B)
B) Police and Fire
C) Public Works and Engineering
D) Personnel
E) Parks Recreation and Natural Resources
F) General Administration
1) Garbage/Recycling RFP Preferred Hauler Designation - Res. No. 7306 (A)
2) Setting Date for Continued SCALE 501 Discussion (B & D)
10) Council Members' Reports
11) Other Business
12) Adjourn to Tuesday, June 4, 2013
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA May 21, 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 Schuman, 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; and Jim Thomson, City
Attorney
2. Pledge of Allegiance
3. Approval of the Agenda
Mr. McNeill asked to take off the agenda, 4.C.1, Declaring Adequacy of Petition, Ordering an
Improvement and the Preparation of Plans and Specifications for the Opus Northwest
Improvements for Valley Park Business Center, Project No. 2013 -6, Res. No. 7304.
Whiting/Schurman moved to approve the agenda as amended. Motion carried 5 -0.
4. Consent Business
Cncl. Lehman asked to remove from the Consent Agenda, 4.E.1, Woodland Alteration Permit
Fee — Ord. No. 869 and 4.F.5, Authorization to Fund Street Banners for First Avenue.
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 Res. No. 7310, A Resolution of the City of Shakopee,
Minnesota, Approving the Transfer of RTC Funds to Scott County, and move its adoption.
(Motion carried under the Consent Agenda)
4.A.2 Lehman/Whiting offer Resolution No. 7309, A Resolution Approving the Final Plat of
Dean Lakes Ninth Addition, subject to conditions, as presented, and move its adoption. (Motion
carried under the Consent Agenda)
4.C.1 Deleted from Agenda.
4.C.2 Lehman/Whiting offer Resolution No. 7307, A Resolution Restricting Parking on Valley
View Road, from Evergreen Lane to Sarazin Street, Project No. 2012 -7 and move its adoption.
(Motion carried under the Consent Agenda)
Official Proceedings of the May 21, 2013
Shakopee City Council Page 2
4.D.1 Lehman/Whiting moved to recognize Officer Mike Santos's successful completion of the
one -year probationary period and grant him full -time regular status as a police officer. (Motion
carried under the Consent Agenda)
4.D.2 Lehman/Whiting moved to recognize Richard Thomson's successful completion of the
probationary period for new hires and grant him full -time, regular status as an Engineering Tech
IV. (Motion carried under the Consent Agenda)
4.D.3 Lehman/Whiting moved to accept, with regret, the resignation of Julie Klima from the
position of Planner II, effective May 31, 2013. (Motion carried under the Consent Agenda)
4.D.4 Lehman/Whiting move to authorize the return of Gary Kern to the position of patrol
officer, effective May 17, 2013 and the promotion of Derek Nordvedt to the position of Sergeant,
effective May 20, 2013, at Step 3 of the current wage scale for Sergeants. (Motion carried under
the Consent Agenda)
4.E.1 Removed from the Consent Agenda
4.F.1 Lehman/Whiting moved to approve the bills in the amount of $305,076.23 and electronic
transfers in the amount of $418,105.60 for a total of $723,181.83. (Motion carried under the
Consent Agenda)
4.F.2 Lehman/Whiting moved to approve the minutes from May 7, 2013 (Motion carried under
the Consent Agenda)
4.F.3 Lehman/Whiting offer Resolution No. 7305, A Resolution of the City of Shakopee,
Minnesota, Accepting Cash Donations of $5,000 for the Downtown Flower Baskets, and move
its adoption. (Motion carried under the Consent Agenda)
4.F.4 Lehman/Whiting Move to approve the applications and grant a temporary on -sale 3.2
percent malt liquor license to the Shakopee Lions Club, for the designated, fenced beer garden
adjacent to the concession stand at Tahpah park, on May 31, 2013 from 5:00 to 10:00 p.m., on
June 1, 2013 from 8:00 a.m. to 10:00 p.m. and on June 2, 2013 from 10:00 a.m. to 8:00 p.m., and
also grant a license for the designated, fenced beer garden between field No. 6 and 7 at Tahpah
Park, on June 1, 2013 from 11:00 a.m. to 7:00 p.m., conditioned upon the Lions Club staffing
two police officers on June 1st from noon to 6:00 p.m. (Motion carried under the Consent
Agenda)
4.F.5 Removed from the Consent Agenda
4.F.6 Lehman/Whiting offered Resolution No. 7302, A Resolution Authorizing Application for
a Business Development Public Infrastructure Program (BDPI) Grant Through the Department
of Employment and Economic Development for Compass Datacenter, LLC. and Resolution No.
7303, A Resolution Authorizing Application for a Business Development Public Infrastructure
Program Grant Through the Department of Employment and Economic Development for
Rosemount Inc. (Motion carried under the Consent Agenda)
4.F.7 Lehman/Whiting offered Resolution No. 7311 Calling a Public Hearing on Granting a
Business Subsidy in the Form of a Minnesota Investment Fund (MIF) Loan to Compass
Datacenters, LLC, or any of its affiliates. (Motion carried under the Consent Agenda)
Official Proceedings of the May 21, 2013
Shakopee City Council Page 3
4.F.8 Lehman/Whiting offered Resolution No. 7312 Calling a Public Hearing on Granting a
Business Subsidy in the Form of a Minnesota Investment Fund (MIF) Loan to Rosemount Inc.,
or any of its affiliates. (Motion carried under the 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. Business removed from the Consent Agenda.
Cncl. Lehman's reason for removing 4.E.1, Woodland Alteration Permit Fee — Ord. No. 869 was
because he's going to vote against it because he believes it violates citizen's property rights.
Whiting/Clay offered Ordinance No. 869, An Ordinance of the City of Shakopee, Minnesota,
Amending the City's Adopted 2013 Fee Schedule to Add the Woodland Alteration Permit Fees,
and move its adoption. Motion carried 3 -2 with Cncl. Lehman and Cncl. Schurman opposing.
Cncl. Lehman removed 4.F.5, Authorization to Fund Street Banners for First Avenue, because he
thinks the cost of $4,000 is extremely high for the banners. He discussed his involvement in
raising money for Memorial Day flags in cooperation with the VFW and American Legion. He
believes they might be able to get a better price on the flags for the City. He requested that staff
should send the project to the VFW and the American Legion to see if they can get a better price
on the flags.
Mayor Tabke said he's comfortable with not exceeding $4,000 for the projects and see if they
can get the flags at a cheaper cost.
Clay /Whiting moved to authorize staff and the EDAC to do research and bring back a
recommendation for downtown street banners along First Avenue, with funding to come from
the Council's unallocated fund. Motion carried 5 -0.
7. Recess for Economic Development Authority Meeting
Clay /Lehman moved to recess for an Economic Development Authority meeting. Motion
carried 5 -0.
8. Reconvene
Mayor Tabke reconvened the meeting at 7:11.
9. General Business
9.A.1 Rezoning of Property at 1480 Third Ave W. from B -1, Highway Business and R -3,
Multiple Family Residential to Light Industrial, I -1 zone and Reguiding of the Property
from Commercial to Industrial — Res. No. 7308.
Michael Leek, Community Development Director, said property owners Steve and Vicky Heller
have applied to both rezone and re -guide their property at 1480 Third Avenue West. The
property is currently occupied by a used car lot that uses the northern portion of the building and
the parking area immediately adjacent to the building.
Official Proceedings of the May 21, 2013
Shakopee City Council Page 4
The property is currently for sale, so there is not a specific use proposed for the site. As
mentioned in the staff report to the Planning Commission, the City Council must determine if it
is comfortable with the site being developed as any of the permitted or conditional uses listed in
the Light Industry, (I -1) zone. The Light Industry, (I -1) list of uses is attached as the final pages
of the planning commission report.
Staff has received comments from three residents that are opposed to the request, one resident
spoke at the Planning Commission meeting in opposition to the request. The concerns were
about exterior storage, the difficulty in potentially screening the site, and the potential for truck
traffic.
The criteria required for the granting of a Comprehensive Plan Amendment and rezoning as they
are listed below with proposed findings for the Council's consideration.
Lehman/Whiting offered Resolution No. 7308, denial of the request to re -guide the property
from Commercial to Industrial and to rezone the property of Highway Business (B -1) and
Multiple Family Residential (R -3) to Light Industrial (I -1) zoning and move its adoption.
Discussion followed.
After a discussion regarding the area in and around the subject property, Cncl. Clay amended the
motion directing the Economic Development Advisory Committee and Planning Commission to
look at properties from Rahr west along County Road 69 to 69/169 intersection for possible
comprehensive rezoning and re- guiding. Also to enter into discussion with Jackson Township
about their jurisdictional plans and request that they have Scott County include those land use
issues in their study.
Mayor Tabke asked for a vote on the amended motion. Motion carried 5 -0.
9.F.1 Garbage/Recycling RFP Preferred Hauler Designation — Res. No. 7306.
Mr. McNeill stated that City Council directed staff to go out for an Request for Proposal (RFP)
for new garbage /recycling contract, The City hired Foth Infrastructure and Environment, LLC
(which partnered with Schaefer Consulting), to provide assistance in preparing the RFP. The
RFP was prepared, and was reviewed at three separate meetings of the City's Environmental
Advisory Commission (EAC). This document updated the contract terms, provided for enhanced
recycling technologies, and helped to assure that the City would have the most competitive
pricing possible for customers.
On March 27, 2013, six proposals were received. They were: Allied Waste Services,
Buckingham Companies, Dick's Sanitation, Elite Waste Disposal, Red River Service Corporation
and Waste Management
The proposals were given a comprehensive review by a proposal review committee, which was
made up of four City employees and one representative from Scott County Environmental
Health. Assistance with technical evaluation of the proposals was provided by the Consultants.
Official Proceedings of the May 21, 2013
Shakopee City Council Page 5
The Committee reviewed the RFPs on the following criteria:
• Price schedules (estimated total cost over the five year base contract.)
• Experience and capacity (demonstrated capability, including the company's financial
condition.)
• References
• Thoroughness and responsiveness to the RFP (demonstrated understanding of the City's
needs, goals, objectives, and service specifications and quality standards)
• Overall environmental benefits (specific operations proposed, and overall company
approach and philosophy to environmental protection and natural resource conservation).
No single criterion determined the best proposal - -it was a combination of all of the above. All
proposals were reviewed and compared with other proposals for the review committee to
develop a ranking of the proposers. 'It is the City Council's sole authority to decide which
proposal is in the best interests of the eligible residents of the City.
As part of the process, on May 7th, the City Council determined that the City should own the
approximately 22,000 refuse and recycling carts. By doing this, the City will be able to amortize
the cost of the carts over 10 years, and will own the carts as an asset at the end of that time. This
will provide greater flexibility in future garbage /recycling contract renewals, and, in general, will
provide a cost savings to residents over the course of the contract.
Jim Thomson, City Attorney advised Council that the information in the proposals that City
Council has in their possession as private data and cannot be disclosed to third parties. The
information will ultimately become public when the Council completes negotiations with a
preferred company. The open meeting law does not allow a City Council to close a meeting to
discuss private data. Mr. Thomson said that although the data in the proposals are private to the
extent that you need to discuss it and it's reasonably necessary to discuss it at the meeting; the
Council can bring up that information during the Council meeting but not outside the Council
meeting.
Mayor Tabke allowed representatives from Allies Waste Services, Elite Waste Disposal and
Dick's Sanitation to talk to Council about their companies services.
Keith Yanke, 952 Eastview Circle, said he just moved here and would like to know why he can't
choose who is garbage hauler is. Mr. McNeill explained the City has had a closed system for 30
years and explained the benefits of it.
Jack Nelson, 1028 Minnesota St., stated that he likes Dick's Sanitation and has never had a
problem with their company. He also thinks it's a waste of tax payer dollars to purchase garbage
carts when the residents already have carts from Dick's Sanitation.
Dan Weller, 1881 220 St., Farmington, works for Dick's Sanitation. He stated that Dick's
Sanitation provides quality service for the residents of Shakopee.
Ron, a driver with Dick's Sanitation, said that Dick's provides good service to Shakopee at good
prices.
Official Proceedings of the May 21, 2013
Shakopee City Council Page 6
Sean Nelson, 603 E. 8 Ave., wanted if the City factored into its decision the way the three
companies, Dicks, Allied, and Elite, treat their employees. Mr. McNeill said the City's
responsibility is for the residence is for a garbage company to provide good service at a fair
price. The City does not get involved with a private company and how they treat their
employees.
Whiting/Lehman offered Resolution No. 7306, A Resolution Directing Shakopee City Staff to
Enter into Negotiations with Allied Waste Services for a Contract for Residential Refuse,
Recycling, and Yard Waste Services for a Period of Five Years. Discussion followed.
Cncl. Clay would prefer going with Dick's Sanitation because of the quality of service they have
provided for the City of Shakopee. Cncl. Lehman and Cncl. Whiting both agree that Dick's
Sanitation has provided good service but need to consider the cost in which Allied came in with
a low bid.
Mayor Tabke asked for a vote on the motion. Motion carried 4 -1 with Cncl. Clay opposing.
9.F.2 Setting Date for Continued SCALE 501 Discussion
Mr. McNeill recommends that the City Council set a workshop for Tuesday, June 25th at 6:30
p.m. for continuation of the SCALE 501 discussion, and that EDAC, Planning Commission, and
SPUC Commissioners be asked to attend.
Whiting/Schurman moved to establish a workshop for Tuesday, June 25, at 6:30 p.m. in the City
Council Chambers, for continuation of the SCALE 501 Economic Development Discussion.
Motion carried 5 -0.
10. Council Members' Reports
Cncl. Schurman had no report.
Cncl. Lehman attended a Met Council meeting with Mr. Leek and Mr. McNeill. Discussion
focused on transit. The VFW and American Legion along with some downtown businesses
raised money for flags.
Cncl. Clay attended the Shakopee Public Utilities Commission meeting. He said SPUC has
suspended flushing of water lines until the flood warnings are expired. Governor Dayton has
recognized Shakopee for their work in protecting the source water in the area. He also discussed
power outages.
Cncl. Whiting attended the downtown flower basket fundraiser, the SCALE general membership
meeting and the SCALE Lego's meeting. On May 15 he attended the Chamber board meeting
and on May 16 he met with staff to discuss the process for hiring 4 full -time fire fighters.
Mayor Tabke attended the downtown flower basket fund raiser; the regional Council of Mayor's
meeting was discussing Met Council. On May 14 he attended the Greater MSP meeting and
also attended SAC's Liberty Day celebration. He also attended the SCALE Lego's meeting.
Official Proceedings of the May 21, 2013
Shakopee City Council Page 7
11. Other Business
Cncl. Clay said Council received an anonymous letter in their packets regarding the hiring of the
4 full -time firefighters. He stated he personally doesn't read or comment on emails, letters nor
does he take phone calls from people unless they identify themselves.
12. Adjourn
Lehman/Clay moved to adjourn to Tuesday, June 4, 2013 at 7:00 p.m. Motion carried 5 -0.
Meeting ended at 8:43 p.m.
k
Julie A. Linnihan
Finance Director /City Clerk
Kim Weckman
Recording Secretary