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HomeMy WebLinkAbout07/16/2013 TENTATIVE AGENDA Shakopee City Council Adj. Regular Session 7:00 p.m. July 16, 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) Set Public Hearing for Vacation of certain Drainage and Utility Easements in Opus MVW and Opus MVW 2nd Addition -Res. No. 7332 (B) 2) Set Public Hearing date for Vacation of Easements -Res. No. 7328 (B) 3) Approval of the developer's agreement for Valley Park Business Center 1st Addition (B) B) Police and Fire 1) Approve a two -year agreement with 4 PAWS Animal Control LLC for the City's animal control services (D) C) Public Works and Engineering 1) Approval of Additional Professional Services for Lift Station L -16 Sewage Grinder Installation (E) 2) Consider Approving Plans and Ordering Advertisement for Bids for the Valley Park Business Center Improvements, Project No. 2013 -6. Res. No. 7330(D,E) 3) Approving Plans & Ordering Advertisement for Bids for the East Shakopee Industrial Sewer Improvements, Project No. 2013 -4, Res. No. 7331 (E) D) Personnel 1) Approval of Revised Job Description and Authorization to Advertise for Planner 1 (E) E) Parks, Recreation and Natural Resources 1) Replacement of Community Center Entrance Doors (A) F) General Administration 1) City Bills (F) 2) Minutes from June 18, 2013 and June 25, 2013. (F) 3) Temporary Liquor License - Church of St Mark (F) 4) Temporary 3.2 Percent Malt Liquor Licenses for Shakopee Jaycee's Inc. during Derby Days (F) 5) Notice of Joint Meeting with Scott County Board of Commissioners (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) Public Hearings: A) Public Hearing for Vacation of Public Right of Way (Alley) Adjacent to 1301 3rd Avenue West -Res. No. 7329 (B & D) B) Public Hearing for Compass Datacenter, LLC (F) 7) 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) Community Development 1) Preliminary and Final Plat of Valley View Business Park 1st Addition -Res. No. 7327 (B, D) B) Police and Fire C) Public Works and Engineering D) Personnel E) Parks Recreation and Natural Resources F) General Administration 1) Consider Street Closures and other City Participation for 2013 Derby Days (A, D) 11) Council Members' Reports 12) Other Business 13) Adjourn to Monday, July 29, 2013, at 7:00 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL AJD. REGULAR SESSION SHAKOPEE, MINNESOTA July 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, Councilmember Pamela Schurman, Matt Lehman, and Jay Whiting. Absent: Councilmember Steve Clay 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; Jeff Tate, Police Chief; and Jim Thomson, City Attorney 2. Pled�e of Allegiance 3. Approval of the A�enda Schurman/Whiting moved to approve the agenda. Motion carried 4-0. 4. Consent Business Cncl. Whiting asked to removed 4.D.1, Approval of Revised Job Description and Authorization to Advertise for Planner and add to the Consent Agenda, 10.F.1, Consider Street Closures and other City Participation for 2013 Derby Days. Lehman/Whiting moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent items. Motion carried 4-0. 4.A1 Lehman/Whiting offered Resolution No. 7332, A Resolution Setting the Public Hearing Date for the Purposed Vacation of Certain Drainage and Utility Easements in the Opus MVW and Opus MVW 2°a Addition Plats. (Motion carried under the Consent Agenda) 4.A.2 Lehman/Whiting offered Resolution No. 7328, A Resolution Setting the Public Hearing Date to Consider the Vacation of Easements. (Motion carried under the Consent Agenda) 4.A.3 Lehman/Whiting moved to approve the developer's agreement for Valley Park Business Center lst Addition. (Motion carried under the Consent Agenda) 4.B.1 Lehman/Whiting moved to enter into a two-year agreement with 4 PAWS Animal Control LLC for the City's animal control services at a rate of$2,400.00 per month. (Motion carried under the Consent Agenda) 4.C.1 Lehman/Whiting moved to authorize the execution of an extension agreement with WSB & Associates, Inc. for additional professional services at a cost not to exceed $39,138.00 for Lift Station L-16 Sewage Grinder Installation. (Motion carried under the Consent Agenda) Official Proceedings of the July 16, 2013 Shakopee City Council Page 2 4.C.2 Lehman/Whiting offered Resolution No.7330, a Resolution Approving Plans and Specifications and Ordering an Advertisement for Bids for the Valley Park Business Center Improvements, Project No. 2013-6 and move its adoption. (Motion carried under the Consent Agenda) 4.C.3 Lehman/Whiting offered Resolution No. 7331, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the East Industrial Sewer Improvements, Project No. 2013-4, and move its adoption. (Motion carried under the Consent Agenda) 4.D.1 Taken off of Consent 4.E.1 Lehman/Whiting moved to authorize the replacement of the Community Center entrance doors with an amount not to exceed$20,000.00. (Motion carried under the Consent Agenda) 4.F.1 Lehman/Whiting moved to approve the bills in the amount of$2,335,211.88 and electronic transfers in the amount of$487,730.221 for a total of$2,822,942.09. (Motion carried under the Consent Agenda) 4.F.2 Lehman/Whiting moved to approve the minutes of June 18, 2013 and June 25, 2013. (Motion carried under the Consent Agenda) 4.F.3 Lehman/Whiting moved to approve the application and grant a temporary on-sale liquor license to the Church of St. Mark, 350 South Atwood Street, for July 26-28, 2013. (Motion carried under the Consent Agenda) 4.F.4 Lehman/Whiting 1). moved to approve the application and grant a temporary on-sale 3.2 percent malt liquor license to the Shakopee Jaycees, Inc. for the fenced in beer garden(Ten A— near the Stage area) at Huber Park, on Thursday, August 1, 2013 and Friday, August 2, 2013, from 5:00 p.m. to midnight and the bar being cleared of alcohol by 12:30 a.m., and on Saturday, August 3, 2013, from 11:00 a.m. to midnight and the bar being cleared of alcohol by 12:30 a.m.; and 2). Move to approve the application and grant a temporary on-sale 3.2 percent malt liquor license to the Shakopee Jaycees, Inc. for the fence in beer garden (Tent B —near the Taste of Shakopee area) at Huber Park, on Thursday, August 1, 2013, and Friday, August 2, 2013, from 5:00 p.m. to midnight and the bar being cleared of alcohol by 12:30 a.m., and on Saturday, August 3, 2013 from 11:00 a.m. to midnight and the bar being cleared of alcohol by 12:30 a.m. (Motion carried under the Consent Agenda) 4.F.5 Lehman/Whiting acknowledged notice of the public hearing set July 29, 2013 at 7:00 p.m. with DataCard. This will be a joint meeting with Scott County Board of Commissioners. (Motion carried under the Consent Agenda) 10.F.1 Lehman/Whiting moved to approve various requests of the 2013 Derby Days committee listed. (Motion carried under the Consent Agenda) 5. 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. Tim Mackey, 3944 Monticello Alcove, Woodbury and Business Manager of Labor's Local 563 out of Minneapolis, who is representing the workers of Cretex who are currently on strike. He Official Proceedings of the July 16, 2013 Shakopee City Council Page 3 said they reached out to some of the Councilmembers for some help in getting involved in a conversation with Cretex to come back to the bargaining table to reconsider some of their demands. Steve Bistrun, 814 Cobblestone Way, a resident of Shakopee and currently works at Cretex, is asking for Council's support with the labor dispute. Mayor Tabke advised that Council will not be taking action on the issue at this time. He thanked all that came to the meeting to show their support. 6. Public Hearings 6.A Public Hearing for Vacation of Public Ri�ht of Way (Alley) Adiacent to 1301 3rd Avenue West-Res. No. 7329. Whiting/Schurman moved to open the public hearing. Motion carried 4-0. Michael Leek, Community Development Director, stated that Miller Property Holdings has submitted an application for vacation of public right-of-way (alley located north of 3rd Avenue West and west of Vacated Jefferson Street) adjacent to their property on 3rd Avenue West (see Exhibit A for location), and located between 3rd Avenue West and 2nd Avenue West/Railroad Tracks. This right-of-way is proposed for vacation as a part of their plan to consolidate their property into a more manageable legal description. Should the vacation be approved, the applicant would proceed with a new plat/registered land survey that would consolidate their property. The Engineering Department has commented that there is a large trunk storm sewer that is located within the Jefferson Street right-of-way, and there is a trunk sanitary sewer along the north side of the property. Should the City approve this request, Engineering would request easements for these utilities located within and adjacent to the proposed vacated right-of-way (alley). Mayor Tabke asked if there was anyone in the audience that wished to speak at the public hearing. Brian Varland, 8500 Normandale Lakes Blvd., representative of Miller Property Holdings, provided additional background to Council regarding the vacation of easement. Lehman/Schurman moved to close the public hearing. Motion carried 4-0. Lehman/Whiting offered Resolution No. 7329, a Resolution Approving a Vacation of Public Right-Of-Way (alley located north of 3ra Avenue West and west of vacated Jefferson Street), and moved its adoption. Motion carried 4-0. 6.B Public Hearin�for Compass Datacenter, LLC Schurman/Whiting moved to open the public hearing. Motion carried 4-0. Samantha DiMaggio, Economic Development Coordinator, advised that a public hearing to consider a Minnesota Investment Fund application for Compass Datacenter, LLC was originally scheduled for June 18, 2013. At that time, the hearing was continued to July 16. Staff is now Official Proceedings of the July 16, 2013 Shakopee City Council Page 4 requesting that Council re-open and continue the hearing again to August 7, 2013. The continuation is being requested because Compass is still determining their specific financing needs. Mayor Tabke asked if there was anyone in the audience that wished to speak at the public hearing. Jordan Olson, 249 Mound St., asked if Compass Datacenter has provided more information to CounciL Ms. DiMaggio stated that Minnesota Department of Employment and Economic Development (DEED) is negotiating with Compass Datacenter on how much money will be given to them. Lehman/Schurman moved to continue the public hearing until August 7, 2013. Motion carried 4-0. 7. Business Removed from Consent A�enda Mr. McNeill asked to defer the removal of 4.D.1, Approval of Revised Job Description and Authorization to Advertise for Planner I, until the end of the meeting. 8. Recess for Economic Development Authority Meetin�. Lehman/Schurman moved to recess for an Economic Development Authority Meeting. Motion carried 4-0. 9. Reconvene Mayor Tabke reconvened the meeting at 7:30 p.m. 10. General Business 10.A.1 Preliminary and Final Plat of Vallev View Business Park lst Addition—Res. No. 7327 Mr. Leek said that Scannell Properties #166, LLC has submitted an application for Preliminary and Final Plat approval of property located at the southeast Corner of 4th Avenue East and Shenandoah Drive. The applicant is proposing to plat three (3) industrial lots, 13.0, 9.8 and 11.7 acres in size, and additional right-of-way along Shenandoah Drive and 4th Avenue East, with the northwesterly lot of the proposed development to be final platted at this time. Specific design and performance standards shall be reviewed at time of building permit, should this request be approved. The Engineering Department has reviewed the application and provided a memorandum that includes a significant number of conditions that shall be incorporated into the resolution should this request be approved. Shakopee Public Utilities provided a memorandum, noting that municipal water service, underground electric service, and street lighting installation are available subject to SPUC's standard terms and conditions, and that the developer must pay the associated fees. They also commented on the water and electric service availability. Lastly, they questioned whether the City desires any street lighting be added to either Shenandoah Drive or 4th Avenue. It is .. i Official Proceedings of the July 16, 2013 Shakopee City Council Page 5 recommended by Planning staff that street lighting be required on both streets. The Natural Resources Technician provided a memorandum outlining a number of conditions, should this plat be approved. The City Finance Department noted that there are two (2) special assessments (totaling $60,108.98) which shall be paid in full prior to recording the final plat. The Director of Parks, Recreation and Natural Resources provided a memorandum noting a number of conditions of approval, specifically noting compliance with the City Code pertaining to woodland and tree management replacement requirements, trail construction along 4th Avenue and Shenandoah Drive, and park dedication fees. Those conditions will be incorporated into the plat resolution. Planning Staff commented that the plat should be renamed Valley View Park Business Center First Addition to avoid confusion with future plat additions, such as when the outlots are proposed to be platted. It was also commented that the outlots shall be platted priar to issuance of any building permits for those lots. The Planning Commission reviewed the preliminary plat at its July 11, 2013 meeting, and by a 4- 0 vote, they recommended approval of the preliminary plat as presented. Tim Elan, Scannell Properties Representative, provided Council a presentation of the plans for the property in question. Ken & Dorothy Lundgren, 543 Timber Court, said he a representative of the Pinewood Twin Home Associations. Mr. Lundgren stated that association is concerned about headlight wash and requested a berm or additional landscaping build on a 24 foot wide berm on the west side of Shenandoah Drive. Mr. Elan stated that Scannell Properties would be okay with planting some of the required trees at the location across Shenandoah Drive. Schurman/Lehman offered Resolution No. 7327, a Resolution Approving the Preliminary and Final Plat of Valley View Business Park First Addition, subject to the conditions as presented. Motion carried 4-0. Lehman/Whiting moved to direct staff to work with neighbors and developer to develop a plan for landscaping at the time of building permit, to include putting trees on the west side of Shenandoah, if possible. Motion carried 4-0. 7. Business Removed from Consent Agenda Cncl. Whiting asked for the removal of 4.D.1, Approval of Revised Job Description and Authorization to Advertise for Planner I. He asked how much of a need to fill this position right away considering the early discussion about the need to expand in the Engineering Department. Mr. Leek stated that there is a substantial need to fill position considering all of the economic development that has occurred in the past year. He explained to Council all of the work that a Planner does regarding the recent business economic development expansions, including the Official Proceedings of the July 16, 2013 Shakopee City Council Page 6 processing of reguiding and rezoning of land, vacation of easements, plats and conditional use permits. Ms. Wilson concurred with Mr. Leek's explanation of the need for a Planner I position. Mayor Tabke questions the changes in the Planning Department specifically the transit portion of it as the City moves forward with deciding possible merging of transit with a larger operation. Mr. Leek stated if that happens it will take some time to accomplish, and there will still be significant work that needs to be done by the City regarding oversight of transit utilizing the City's transit funds. Whiting/Schurman moved to approve the attached position description for Planner I and authorize staff to advertise for applicants and begin the selection process. Motion carried 4-0. 11. Council Members' Reports Cncl. Schurman attended the Scott Communities Transit Review Board, the Metropolitan Council and Metropolitan Transit did a presentation about a possible merger. They are another candidate in addition to Southwest Metro Transit and Minnesota Valley Transit Authority. Cncl. Lehman stated that Derby Days was still in need volunteers and or donations. Cncl. Whiting met with residents at the Levee Drive Apartments along with Alan Herrmann Smart Link Transit Supervisar. The discussion was about transit issues and concerns. Mayor Tabke attended the Regional Councilor Mayor's Meeting along with Urban Land Institute to continue working on Greater MSP called Ahead that is mapping out future regional initiatives. He also attended SCALE and met with representatives from MNDOT to put support behind completing the Environmental Impact Statement for the Hwy 41 river crossing. 12. Other Business None. 13. Adiourn Whiting/Lehman moved to adjourn to Monday, July 29, 2013 at 7:00 p.m. Motion carried 4-0. Meeting ended at 8:15 p.m. � %� . � ' � �,G�X �,Julie A. Linnihan Finance Directar/City Clerk Kim Weckman Recording Secretary