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HomeMy WebLinkAbout06/16/2015 Consent Business 4. D. 2. TO: Mayor and City Council FROM: Lori Hensen, Deputy City Clerk DATE: 07/21/2015 SUBJECT: City Council Minutes (F) Action Sought Approve the City Council Minutes of June 16, June 30, and July 7, 2015 Attachments: June 16, 2015 June 30, 2015 July 7, 2015 DRAFT OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION LOCATION Council Chambers City Hall 129 Holmes Street South June 16,2015 SHAKOPEE MINNESOTA 7:00 p.m. 1. Roll Call Present: Mayor Brad Tabke;Councilmember Matt Lehman;Councilmember Jay Whiting; Councilmember Kathi Mocol; Councilmember Mike Luce Staff City Administrator Bill Reynolds;Assistant City Administrator Kris Wilson; Public Works Present: Director/Engineer Bruce Loney; City Attorney Jim Thomson;Police Chief Jeff Tate; Parks and Recreation Director Jamie Polley; Acting City Clerk Lori Hensen;Economic Development Coordinator Samantha DiMaggio;Telecommunications Coordinator John Peterson Attendees: Tyler Middleton,Patrick Hagerty 2. Pledge of Allegiance 3. Welcome New City Administrator Ms. Hensen performed the swearing in of Bill Reynolds as the City Administrator of the City of Shakopee. 4. Approval of Agenda Mr. Reynolds informed Council of the following updates to the Agenda: 5.C.6,Approval of a construction cooperative agreement for County Project 17-32J for Jennifer Lane has been updated due to budgetary impact. 5.F.6,Mid-Year update to Fee schedule,has been updated to include a$9.00 fee for truck washes. 5.F.9, Street closure for Splash Pad,has been added to the Agenda. 11.F.1,Extended work hours for the construction of the Amazon project,has been added to the Agenda. 12.C. HKGI presentation on Western Shakopee Land use study,will remain on the Agenda. Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to approve the Agenda as amended. Vote: 5 -0 5. 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 Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda.Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Moved by Councilmember Matt Lehman,Seconded by Councilmember Jay Whiting to approve the Consent Agenda. Vote: 5 - 0 A. Community Development 1. Text Amendment to City Code 11.83 Regarding Zoning Ordinance Amendments(F) Motion to adopt Ordinance No. 907, an ordinance amending Chapter 11.83 of the City Code regarding the City Council majority requirements on zoning amendments. (Motion carried under the Consent Agenda) B. Police and Fire 1. Authorize Disposal of Surplus Property-Bikes/Miscellaneous(F) Motion to declare the listed property surplus and authorize its disposal per City Code. (Motion carried under the Consent Agenda) C. Public Works and Engineering 1. Approve Plans and Authorize Ad for Bids for the CSAH 83 Culvert Improvements Project No. 2015-3,Res. No. 7586(E) Motion to approve Resolution No 7586, a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the CSAH 83 Culvert Improvements Project No. 2015-3,and move its adoption,and also authorize the appropriate city officials to execute Maintenance and Right of Entry Agreements with three property owners west of CR 83. (Motion carried under the Consent Agenda) 2. Asphalt Paving of Westminster Park Hockey Rink. (E) Motion to accept the low quote of$32,652.50 from Bituminous Roadways,Inc. for the paving of the Westminster Park Hockey Rink. The funds are to be expended from the Park Asset Internal Service Fund. (Motion carried under the Conset Agenda) 3. Accept Work on the 2014 Cured In Place Pipe(CIPP),Res. No. 7565(E) Motion to approve Resolution No. 7565,a resolution accepting work on the 2014 Cured-In-Place-Pipe, Project No. 2014-4. (Motion carried under the Consent Agenda) 4. Award a Contract for the Fire Station No. 1 Concrete Pavement(E) Motion to award a contract to Link Excavating Inc. for the Fire Station No. 1 Concrete Pavement project and approve a 10%contingency for use by the City Engineer in authorizing change orders or quantity adjustments on this project. (Motion carried under the Consent Agenda) 5. Extended Work Hours for Marschall Road Overlay(D) Motion to approve a suspension of City Code Sec. 10.60,Noise Elimination and Noise Prevention, Subd. 3,Hourly Restrictions on Certain Operations, D, allowing work beginning on July 6,2015 and continuing only until the County's Overlay project on CSAH 17 is completed,and directing staff to publish notice of the suspension terms with the conditions as recommended by staff. (Motion carried under the Consent Agenda) 6. Approve a Construction Cooperative Agreement for County Project 17-32J for Jennifer Lane(D,E) Motion to authorize the appropriate city officials to execute the Scott County Construction Cooperative Agreement for the CH 17-32J(Jennifer Lane)project. (Motion carried under the Consent Agenda) D. Personnel 1. Amendment to Section 125 Cafeteria Plan(F) Motion to approve an amendment to the City's Section 125 Cafeteria Plan,for the purpose of incorporating the new new vision insurance benefit. (Motion carried under the Consent Agenda) E. Parks and Recreation 1. Accepting the Work of R.W. O'Brien Contracting,LLC on the Huber Park Shelter Construction and Authorizing Final Payment,Res.No. 7583 (A) Motion to approve resolution No. 7583,A Resolution Accepting the Work of R.W. O'Brien Contracting,LLC and Authorizing Final Payment,and authorize the transfer of$150,000 from the Capital Improvement Fund to the Park Reserve Fund.(Motion carried under the Consent Agenda) 2. 17th Avenue Sports Complex Storage Building Construction and Maintenance Agreement(D) Motion to approve PRAB's recommendation to construct a storage building at the 17th Avenue Sports Complex and the execution of a maintenance agreement with the Shakopee Soccer Association. (Motion carried under the Consent Agenda) F. General Administration 1. City Bill List(F) Motion to approve the bills and electronic funds transfers in the amount$654,751.16 and payroll transfers in the amount of$490,703.91 for a total of$1,145,455.07. (Motion carried under the Consent Agenda) 2. City Council Minutes(F) Motion to approve the City Council Minutes from May 6 and May 19,2015. (Motion carried under the Consent Agenda) 3. Temporary Liquor License-Parish of St. Joachim&Anne(F) Motion to approve the application and grant a temporary on-sale liquor license to the Parish of St. Joachim&Anne (St. Mark's Church),2700 17th Avenue E, for July 24th through July 26th,2015. (Motion carried under the Consent Agenda) 4. Meeting Date Change for Night to Unite and Municipal Election-Res.No. 7582 (F) Motion to approve Resolution No. 7582, changing the August 4,2015 and November 3,2015 City Council meeting dates,and move its adoption. (Motion carried under the Consent Agenda) 5. Rahr Corporation--Return of 55 Sewer Availability Charge Credits(D) Motion to authorize the return of up to 55 SAC credits to Rahr Corporation. (Motion carried under the Consent Agenda) 6. Mid-Year Update to Fee Schedule- Ordinance No. 906(F) Motion to adopt Ordinance No. 906,an ordinance amending the adopted 2015 fee schedule,and to approve the attached summary of the ordinance and order its publication. (Motion carried under the Consent Agenda) 7. Acceptance of Resignation and Appointment of New Member to Bicycle Advisory Committee,Res. No. 7584(A) Motion to accept,with regret,the resignation of Jerry Hennen from the Bicycle Advisory Committee, and to offer Resolution No. 7584, a resolution appointing Anthony Theis to the Bicycle Advisory Committee, and move it's adoption. (Motion carried under the Consent Agenda) 8. Authorize Street Closures,Rule Waivers and Various In-Kind Contributions to Derby Days(D) Motion to authorize the requested street closures,rule waivers and various in-kind donations to the 2015 Derby Days celebration. (Motion carried under the Consent Agenda) 9. Street Closures&Parking Restrictions for Downtown Splash Pad Events(A) Motion to order no parking and authorize the closure of both lanes of traffic on 1st Avenue from Holmes St. to Lewis St. from 5:00 to 8:30 p.m. on June 26 and July 24. (Motion carried under the Consent Agenda) 6. 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.) Diane Khwice,Association President at Taylor Ridge Townhomes,addressed the Council regarding the need for a playground to be built near the Arlington Ridge and Taylor Ridge Townhomes. 7. Public Hearings: A. CenturyLink Application for Cable Communications Franchise(D) Moved by Councilmember Matt Lehman,Seconded by Councilmember Kathi Mocol to open the Public Hearing. Vote: 5 -0 Mr. Peterson presented an application for a Centurylink Cable Communications Franchise and then introduced Brian Grogan, the City's Attorney, who presented an overview of the franchising process and reviewed some of the likely issues associated with issuing a second cable franchise. In early 2015 CenturyLink met with City staff and the City's cable franchise attorney,Mr. Brian Grogan,to express its interest in a Cable Communications Franchise in Shakopee. Following this request,the City prepared the necessary documents to comply with the franchising procedure required under Minnesota law. On April 16 and 23,2015,the City published a Notice of Intent to consider applications for a cable franchise as well as a request for proposals. Copies of these documents were sent to Comcast,the current cable operator,and to CenturyLink. On May 13,2015, the City received an application from CenturyLink. The City of Shakopee currently has a Cable Communications Franchise agreement with Comcast Cable. This agreement is nonexclusive. Therefore,the City has the ability to grant any number of additional franchises. However, state law requires that any additional franchises be no less burdensome or more favorable than the existing franchise. By approving an additional franchise agreement,the City has the opportunity to facilitate competition and consumer choice in the local cable market. Tyler Middleton,Vice President of Operations at Centurylink,addressed the Council and described the companies programs and offerings, as well as background information on the company. Patrick Hagerty,Midwest Governmental Affairs Director at Centurylink,addressed the Council and further described the companies infrastructure and technology. Cncl. Lehman asked if the cable lines in the older part of Shakopee are capable of handling this new technology or if they will need to be replaced. Mr. Middleton answered that Centurylink uses DSL for their high speed internet,and their objective is to take the areas with the slowest speeds currently and give them the highest speed internet,and then continue to build. Moved by Councilmember Jay Whiting,Seconded by Councilmember Mike Luce to close the Public Hearing. Vote: 5 -0 Discussion: Ms. Wilson stated that the direction caught by Council is to direct staff to work with Mr. Grogan and Centurylink to work toward a potential Franchise Agreement. Moved by Councilmember Matt Lehman,Seconded by Councilmember Kathi Mocol to direct staff to enter into negotiations with Centurylink and report back to the City Council. Vote: 5 -0 B. Sewer Availability Charge(SAC)Credits for Amazon.com.dedc,LLC(D) Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to open the Public Hearing. Vote: 5 -0 Ms. DiMaggio presented a request for Sewer Availability Charge(SAC) Credits for Amazon.com.dedc,LLC. The City Council is asked to consider approval of Resolution No. 7589: A Resolution Approving Contract for Private Development with the Economic Development Authority for the City of Shakopee,Minnesota and Amazon.com.dedc,LLC for Certain Property in the City of Shakopee. Amazon.com.dedc,LLC is requesting 123 City and Met Council SAC credits.The EDAC reviewed Amazon's request at their June 10 meeting and has recommended that the City Council award Amazon.com.dedc,LLC with 62 SAC credits valued at$29,450 in City credits and$154,070 in Metropolitan Council credits. Amazon.com is expanding their operations into Minnesota and plans to lease a 820,000 sq. ft. fulfillment center in Shakopee. During the first three years of operation,Amazon expects to create 1,000 new full-time jobs with an average annual compensation of$35,000 or greater along with a comprehensive health benefits package. In addition,the project would offer hundreds of part-time and temporary positions at the facility. Moved by Councilmember Mike Luce, Seconded by Councilmember Matt Lehman to close the Public Hearing. Vote: 5-0 Discussion: Cncl. Lehman stated that he thinks 62 SAC credits is reasonable and consistent with what the City Council adopted so he is in favor. Moved by Councilmember Jay Whiting,Seconded by Councilmember Matt Lehman to approve Resolution No. 7589: A Resolution Approving Contract for Private Development with the Economic Development Authority for the City of Shakopee,Minnesota and Amazon.com.dedc,LLC for Certain Property in the City of Shakopee,and move its adoption. Vote: 5 -0 8. Business removed from the Consent Agenda will be discussed at this time None. Vote: 5-0 9. Recess for Economic Development Authority Meeting: 10. Reconvene 11. General Business: A. Community Development 1. PUD Amendment,Final Plat of Southbridge Crossings East 4th Addition,and Conditional Use Permit for Marcus Theatres-Res. No. 7588 (B) Mr. Sobota addressed the Council regarding a PUD Amendment,Final Plat of Southbridge Crossings East 4th Addition,and a Conditional Use Permit for Marcus Theatres-Res. No. 7588. Mr. Sobota stated that he has been working with Steve Soltau,representing Shakopee Crossings Limited Partnership and Marcus Theatres,on an application for a PUD Amendment,Final Plat,and a Conditional Use Permit to allow construction of a 10-screen movie theater near the intersection of Hansen Avenue and Crossings Boulevard and a 2,600 square-foot coffee/bakery building west of the theater. The PUD Amendment request proposes the following: •Reducing the size of required parking spaces from 9'x 20'to 9'x 18'and the allowance for perimeter spaces to be 9'x 17' •Relocation of a monument sign within the PUD. Four signs were permitted in the original PUD. There are currently three existing signs. •Removal of a requirement in City Code on providing pedestrian connections to a main entrance of a building in parking lots greater than 100 spaces and interior connections of a PUD. •Allowance for zero-foot side yard setbacks within the PUD for future buildings. •Allowance for multiple principal structures on a single lot within the PUD. Theaters are a listed conditional use in the B-1 zone. Mr. Sobota stated that Staff recommends approval of the request,provided conditions relating to building design and site plan design are complied with. Mr. Sobota informed the Council that planning staff has had several conversations with the applicant regarding required parking space size. Both staff and the applicant have researched parking space regulations in other communities and found that 9'x 18' spaces are a common allowance among comparable cities in the metro area when paired with 24'wide drive aisles. The applicant is not proposing a change to the drive aisle standard. Staff supports the reduction in parking space size to spaces that are 9'x 18', but staff does not support a further depth reduction to 17' for perimeter spaces, since drivers do not always park vehicles directly adjacent to curbs when there is lower vehicle clearance, and drivers may not utilize the whole parking space,leaving a vehicle encroaching into a drive aisle. Mr. Sobota added that at the Planning Commission meeting on June 4th,there was significant discussion on pedestrian connections within the development and also the pedestrian walkways in the parking lot. The Planning Commission recommended approval of the request based on staffs recommendation,with the direction that the applicant work with planning staff to provide adequate connections within the development. Planning staff met with the applicant on June 8th and discussed alternatives for providing connections within the parking lots and to the existing trails and walkways and developed a plan that staff viewed as acceptable for a positive recommendation. After much discussion the Council,and the Applicant came to an agreement regarding sidewalk and walkway placement. Moved by Councilmember Kathi Mocol, Seconded by Councilmember Mike Luce to approve Resolution No. 7588,a resolution approving a PUD Amendment to Southbridge Crossings East PUD, the Final Plat of Southbridge Crossings East 4th Addition,and the Conditional Use Permit requests for both a theater and over-height structure, subject to conditions presented,and move its adoption. Vote: 5 -0 Moved by Councilmember Kathi Mocol, Seconded by Councilmember Matt Lehman Moved to approve an amendment to the previous motion to allow for 17 foot parking spaces around the perimeter of the building. Vote: 4- 1 Opposed: Councilmember Jay Whiting Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce Motion to direct staff to review and update paring lot and sidewalk policies. Vote: 5 -0 B. Police and Fire C. Public Works and Engineering D. Personnel E. Parks and Recreation F. General Administration 1. Request for Extended work hours for Construction of Amazon Building Ms. Wilson addressed the Council regarding a request for extended work hours for the construction of the Amazon distribution center 2601 4th Avenue East. Amazon is requesting a start time of 6:00 a.m. on weekdays and a start time of 8:00 a.m. on weekends in order to meet a tight time schedule. Cncl. Lehman asked is blasting was excluded from the request. Ms. Wilson replied that Amazon has stated that blasting would not occur between the 6:00 a.m. and 7:00 a.m.. She added that blasting hours are otherwise not normally restricted. Mr. Loney stated that Amazon will not be blasting between 6:00 a.m. and 7:00 a.m. Cncl. Luce asked if Amazon will be responsible for any damage to property as a result of blasting. Mr. Loney replied that a pre-blast survey was conducted by Amazon, but if damage does occur it can be submitted to Amazon's insurance company. Moved by Councilmember Matt Lehman,Seconded by Councilmember Kathi Mocol Motion to approve suspension of City Code Sec. 10.60,Noise Elimination and Noise Prevention, Subd. 3,Hourly restrictions on Certain operations,D,for construction work at 2601 4th Avenue East,excluding any and all blasting, and direct staff to publish a notice of suspension. Vote: 4- 1 Opposed: Councilmember Jay Whiting 12. Workshop Discussion A. Community Center Open House Input and Options Discussion(A,B,D) Ms. Polley addressed the Council regarding Community Center Open House Input received from the community. She stated that on May 6th the City Council reviewed five options resulting from the consultant study for the Community Center and set the dates for three open houses that provided the public with the opportunity to come and see the proposed plans and options,ask questions and offer feedback. The open houses were held on Thursday,May 28 at the Community Center,Monday, June 1 at Sun Path Elementary and Wednesday,June 3 at Eagle Creek Elementary. Ms. Polley reviewed the options that were presented as follows: Option A: •New two sheet ice arena on land that does not have to be purchased •Remodeled Community Center including expanded fitness, indoor playground and child care •Aquatic facility in the existing ice arena shell Option B: •New two sheet ice arena on land that does not have to be purchased •Remodel of Community Center including expanded fitness, indoor playground and child care •Athletic space in the existing ice arena shell(no aquatic facility) Option C: •New two sheet ice arena on land that does not have to be purchased •Remodel of Community Center including expanded fitness, indoor playground and child care •Do nothing with the existing ice arena shell at this time Option D: •New two sheet ice arena on land that does not have to be purchased •Operate the Community Center as it is today •Do nothing with the existing ice arena shell at this time Option E: •Update-the current ice arena refrigeration system only •Operate the Community Center and ice arena as they are today Ms. Polley added that residents attending the open houses were asked to complete a comment form that had them rank the options(1=1st choice- 5=last choice),indicate how important they feel a dedicated senior space is to them and how important they feel it is that the community get to vote on the completion and funding of the option chosen. Residents also had the opportunity to review the options and complete the comment form on the City's website. The Council invited the Public to comment. Many citizens were in attendance and expressed their support of the Community Center project. Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting Motion to authorize staff to proceed with plans and specifications for Option A. Vote: 4- 1 Opposed: Councilmember Matt Lehman Discussion: Cncl. Lehman expressed concern that Option A does not include a dedicated Senior center. Mayor Tabke stated that he agrees that there will need to be a dedicated senior center space,but he feels that it would be beneficial to discuss the details as the plans progress. Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to offer an amendment to require a dedicated senior center in Option A. Vote: 5- 0 Cncl. Luce stated that he is in favor of Option A,and if options need to be removed as the plans progress those changes can be made at that time. Cncl. Whiting stated that is it difficult to make plans without the financing in place. Cncl. Lehman stated that he does not see the support for the second sheet of ice in the Community Survey that was conducted. Mayor Tabke stated that he feels that a significant portion of the community is in support of a second sheet of ice. Cncl. Whiting stated that no upgrades the existing Community Center are possible without the second sheet of ice. He added that the second sheet of ice is a need,not a want,at this point. B. Financing Options for Community Center 2.0 Project(A,C) Ms. Wilson addressed the Council regarding financing Options for Community Center 2.0 Project. She stated that at the March 31 City Council workshop,an overview of potential financing options for the Community Center 2.0 project was presented and discussed. Ms. Wilson explained that the City's financial consultants at Springsted compiled a list containing six possible financing options—Referendum Bonds,Tax Abatement Bonds,Lease Revenue Bonds, Sales Tax Revenue Bonds,Recreation Bonds and Internal Loans. While all are technically possible, Council may wish to strike four of these six options based on their cost and complexity: •Recreation Bonds and Lease-Revenue Bonds carry a higher interest rate than the other bonding options. • Sales Tax Revenue Bonds would require special legislative approval which seems unlikely. •Internal loans would need to be paid back in 10 years or less,resulting in annual debt service payments significantly higher and more burdensome than for the other options. Additionally, while healthy,the City's Internal Service Funds do not have large enough balances to support loans for the full cost of any of the proposed options. That leaves Referendum Bonds and Tax Abatement Bonds for further consideration. Referendum Bonds,as their name suggest,are bonds issued following a voter-approved referendum. They are general obligation bonds of the City and carry the lowest interest rate and overall financing costs. They do,however, require the time and expense of conducting an election. Debt service on these bonds can be paid back over a period of 30 years. Tax Abatement Bonds can be issued following a public hearing and a majority vote of the City Council. They are also general obligation bonds and would carry the same interest rate as referendum bonds,however they must be paid back over 20 years instead of 30. After much discussion Mayor Tabke asked the Council which option it would like to look into further for financing of this project. Cncl. Mocol stated she would like to review tax Abatement,and would prefer not to go to referendum. Cncl.Whiting stated that he would be interested in using Tax Abatement for the ice portion of the project and using a Referendum for the remained of the project. He added that he does not believe a second sheet of ice will pass at referendum,but that it is necessary in the community. Cncl. Luce prefers a referendum. He added that he would be open to discussing Tax Abatement for a portion of the project. Cncl. Lehman stated that is a referendum cannot pass then the project is not representative of the people. Mayor Tabke stated that he would prefer to look into tax Abatement. Mayor Tabke described a possible timeline of events for this project and stated that the discussion would be continued at the next City Council meeting. C. HKGI Presentation on Western Shakopee Land Use Study Item was removed from the Agenda,and moved to June 30,2015 for discussion. 13. Adjourn to June 30, 2015 at 7:00 p.m. Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to adjourn. Vote: 5 -0 Lori Henserv , Acting City Clerk Heidi Emerson Recording Secretary