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HomeMy WebLinkAbout12/15/2015 - Council MintutesOFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION LOCATION Council Chambers City Hall 129 Holmes Street South SHAKOPEE MINNESOTA 7:00 p.m. 1. Roll Call December 15, 2015 Present: Mayor Brad Tabke; Councilmember Matt Lehman; Councilmember Jay Whiting; Councilmember Kathi Mocol; Councilmember Mike Luce Staff City Administrator Bill Reynolds; Public Works Director/Engineer Bruce Loney; City Attorney Jim Present: Thomson; Parks and Recreation Director Jamie Polley; Senior Planner Mark Noble; City Clerk Lori Hensen; Planner Alex Sharpe 2. Pledge of Allegiance 3. Approval of Agenda Mr. Reynolds stated that there were two items to add to the Agenda: Item 4.F.8., Updating list of individuals authorized to make bank transactions - Res. No. 7664 Item 3.1. Presentation of the 2015 Administrators Leadership Award to Bruce Loney. Moved by Councilmember Jay Whiting, Seconded by Councilmember Matt Lehman to approve the Agenda as amended. Vote: 5 - 0 1. 2015 Administrators Leadership Award Presentation to Bruce Loney Mr. Reynolds presented Bruce Loney, Public Works and Engineering Director with the 2015 Administrators Leadership Award. 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 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.) Cncl. Whiting requested that Item 4.A.3., Preliminary & Final plat of Canterbury Park Sixth Addition, be removed for further discussion. Moved by Councilmember Matt Lehman, Seconded by Councilmember Kathi Mocol to approve the Consent Agenda as amended. Vote: 5 - 0 A. Community Development 1. Preliminary Plat of Menden's Addition and Variance to Grade within a Wetland Buffer (B) Motion to approve Resolution 7655 approving the Preliminary Plat for Menden's Addition and a Variance to Grade within a Wetland Buffer at 2544 Fairhaven Drive. (Motion carried under the Consent Agenda) 2. Extension of Work Hours for Amazon Construction Project (B) Motion to approve the continued suspension of City Code Sec. 130.45, Noise Elimination and Noise Prevention, Subd. (C), Hourly Restrictions on Certain Operations, (4), for construction activity on the site of the new Amazon facility at 4th Street and Shenandoah Drive. (Motion carried under the Consent Agenda) 3. Preliminary & Final Plat of of Canterbury Park Sixth Addition Cncl. Whiting stated that he had some concerns regarding approval of Canterbury Park Holding Corporation's Preliminary and Final Plat of Canterbury Park Sixth Addition. Canterbury Park Holding Corporation has made application for Preliminary and Final Plat approval of Canterbury Park Sixth Addition, a plat proposing two lots and several outlots. The subject property is located South of 4th Avenue, West of CSAH 83, North of Eagle Creek Blvd., East of Shenandoah Drive, is approximately 396 acres in size, and is presently used for Canterbury Park horse racing, gaming and a number of special events. Cncl. Whiting stated that his concerns were in regards to the proximity of the new right of way on Shenandoah Drive and the homes. Mr. Loney replied that there will be quite a bit of distance between the Right of Way and the homes. Mr. Noble added that the distance between the edge of the Right of Way and the edge of the homeowners decks would be 36 feet. Cncl. Lehman added that if there is too much curve along with buffering it will create a blind intersection. Cncl. Whiting thanked Mr. Sampson for working with the homeowners in the area. Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to approve Resolution No. 7658 the Preliminary and Final Plat of Canterbury Park Sixth Addition. Vote: 5 - 0 4. Authorization to Execute Documents for Bond Redemption Issued for the Benefit of Recovery Technology Solutions (RTS) (F) Motion to approve Resolution No. 7662 which authorizes the mayor and city administrator to execute all documents related to the potential sale of the RTS facility and the redemption of the RTS bonds. (Motion carried under the Consent Agenda) B. Police and Fire 1. School Resource Officer Agreement Renewal for 2016. Motion to authorize the appropriate city staff to enter into an agreement to extend the School Resource Officer Agreement through the 2016 calendar year. (Motion carried under the Consent Agenda) C. Public Works and Engineering 1. Accept a Preliminary Engineering Report from WSB, Inc. for 4th Avenue and Shenandoah Drive Improvements Project 2015-7 - Res. 7661 (E) Motion to approve Resolution No. 7661, a resolution receiving a Preliminary Engineering report and calling for a public hearing on the 4th Avenue & Shenandoah Drive Improvements Project 2015-7. (Motion carried under the Consent Agenda) 2. Accept Work on the 2015 Bituminous Overlay, Project No. 2015-2, Res. No. 7639 (E) Motion to Resolution No. 7639, a resolution accepting work on the 2015 Bituminous Overlay Project No. 2015-2. (Motion carried under the Consent Agenda) 3. Accept Work on the CSAH 83 Culvert Improvements, Project No. 2015-3, Res. No. 7649 (E) Motion to approve Resolution No. 7649 a resolution accepting work on the CSAH 83 Culvert Improvements Project No. 2015-3. (Motion carried under the Consent Agenda) 4. Authorize Use of Re -purchase Agreements for Skid -steer Loaders (E) Motion to authorize use of re -purchase agreement with Lano Equipment, Inc. for three (3) new Bobcat S570 Skid -steer Loaders for the price of $13,296.00. Funding is to be expended from the Capital Equipment Internal Service Fund. (Motion carried under the Consent Agenda) 5. Accept Work on CSAH 17/Vierling Drive Pavement Rehab, Project No. 2013-5 and CSAH 17/Vierling Drive/TH 169 North Ramp Intersection Improvements, Project No. 2012-6 - Res. 7665 (E) Motion to approve Resolution 7665, a resolution accepting work on the CSAH 17/Vierling Drive Pavement Rehab, Project No. 2013-5 and CSAH 17/Vierling Drive/TH 169 North Ramp Intersection Improvements, Project No. 2012-6. (Motion carried under the Consent Agenda) D. Personnel E. Parks and Recreation 1. Mighty Ducks Grant Acceptance, Res. No. 7657 (A, C) Motion to approve Resolution No. 7657, A Resolution of the City of Shakopee Minnesota, Accepting a Minnesota Amateur Sports Commission Mighty Ducks Grant for the Construction of the New Ice Arena and move its adoption. (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 $1,478,026.26 and payroll transfers in the amount of $577,526.30 for a total of $2, 055, 552.56. (Motion carried under the Consent Agenda) 2. City Council Minutes (F) Motion to approve the City Council minutes of December 1, 2015. (Motion carried under the Consent Agenda) 3. 2016 Tobacco License Renewals (F) Motion to approve the applications and grant Tobacco Licenses for 2016. (Motion carried under the Consent Agenda) 4. 2016 Taxicab Business License Renewals (F) Motion to approve Taxicab Business Licenses for 2016. (Motion carried under the Consent Agenda) 5. 2016 Pawn Shop Business Renewals (F) Motion to approve the applications and grant Pawnbroker Licenses for 2016. (Motion carried under the Consent Agenda) 6. 2016 Fee Schedule - Ord. 924 (F) Motion to Ordinance 924 which sets fees and charges for the City of Shakopee. (Motion carried under the Consent Agenda) 7. Approve a Massage Therapy Business License & Massage Therapist License (F) Motion to approve a Massage Therapy Business License & Massage Therapist License. (Motion carried under the Consent Agenda) 8. Updating List of Individuals Authorized to Make Bank Transactions - Res. 7664 (F) Motion to approve Resolution 7664 designating individuals authorized to perform certain banking transactions. (Motion carried under the Consent Agenda) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. James Jensen, 306 6th Avenue West, addressed the Council to express his concerns regarding the removal of trees that are not yet diseased in the City. Mayor Tabke responded by briefly explaining the Emerald Ash Borer Tree Management Plan that was adopted by the City. Mr. Loney also responded and informed Mr. Jensen that the City plans to treat the best trees and only remove trees that are not healthy and do not meet certain criteria. Mr. Jensen also noted that the City should install a new population sign across the new bridge. 6. Public Hearings: 7. Business removed from the Consent Agenda will be discussed at this time See item 4.A.3. 8. Recess for Economic Development Authority Meeting: 9. Reconvene 10. General Business: A. Community Development 1. Request for Fee Waivers to Support Workforce Housing Project (B,D) UPDATED This item was removed from the Agenda. 2. Zoning Text Amendment Creating the R-4, High Density Residential Zoning District Mr. Sobota presented a Request for Fee Waivers to Support Workforce Housing Project. The Council is asked to consider a request fromMWF Properties for the waiver of certain City fees to support the financing of a workforce housing project. Mr. Sobota stated that the City has received a letter from MWF Properties seeking a local contribution to the financing of a workforce housing project adjacent to Target on Marchall Road. The local financial support is needed in order to help MWF obtain state and federal tax credits necessary to finance the project. Local financial support can be provided in multiple ways, however, MWF is suggesting that the Council consider the waiver of SAC fees and a portion of the Park Dedication fees that would be due on their proposed 57 unit workforce housing project. For the project in question, the City's contribution of $290,3000 in fee waivers would support the construction of 57 units of rental housing affordable to households with incomes between 30 and 60% of the area median income. Cncl.Lehman noted that the area being discussed is outside of the transit area. Mr. Sobota replied that the area is within proximity of a transit line, not a transit station. Cncl. Lehman asked if buses will be making stops on First Avenue. Mr. Sobota answered yes, it is anticipated that buses will make stops on First Avenue. Cncl. Lehman asked what the need was for a higher density. Mr. Sobota answered that a higher density creates more choices for housing in the community, as well as a more efficient use of land. Cncl. Luce asked where the buses will makes stop, and noted that the stops should not be on First Avenue. Mr. Sobota replied that the Northern Circulator Study is underway and stops could be discussed as a part of the study. Mayor Tabke stated that this request is only allowing the R-4 zone to exist, not necessarily putting it anywhere at this time. Cncl. Whiting asked how this change will reflect the Met Council 2040 Comprehensive Plan. Mr. Sobota answered that the Met Council is supportive of this change. Deb Barber, Met Council Representative, addressed the Council. Cncl. Lehman asked why the Met Council feel the City needs higher densities. Ms. Barber answered that the Met Council is required by State statutes to provide information to Cities as to how to guide development. Cities then use the information to develop their Comprehensive Plans. Cncl. Luce stated that in his opinion the Council needs more information to make a decision on this. Cncl. Lehman would like to hold a workshop to discuss the issue in more detail. Cncl. Whiting stated that in his opinion higher densities are important. He added that this is an opportunity for proposals to be brought forward to the Council. Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to approve the proposed text amendment that creates the R-4, High Density Residential District. Vote: 3 - 2 Opposed: Councilmember Matt Lehman Councilmember Mike Luce 3. Rezoning of Outlot A, Southbridge Crossings East 3rd Addition from B-1, Highway Business to R-4, High Density Residential and Comprehensive Plan Amendment to re -guide the property from Commercial to High Density Residential Mr. Sobota presented a request from Sand Companies regarding rezoning and a comprehensive plan amendment to allow for the construction of an apartment development adjacent to the Southbridge Transit Station and River Valley Church. The parcel is currently zoned B-1, Highway Business and is guided for commercial development. The applicant has presented two concept plans, each showing 300 units, which is a density of 24 units per acre (attached). If approved, the R-4 zoning district would permit 28 units per acre, with a 2 unit / acre. The specific concept plans are not for specific review as part of this application, they are strictly a concept of how the site could develop. There is a significant stand of trees on the east side of the site that could be used as a buffer to the industrial development to the east of the site. The applicant has completed a tree inventory and has been in contact with Natural Resources staff regarding the requirements. Adam Schmidt, a resident on Stagecoach Road, addressed the Council and expressed his concerns regarding added traffic on Stagecoach Road after the development. Mr. Loney stated that there are not currently any plans to add lanes to Stagecoach Road. Dan Buzicky, 1723 Stagecoach Road, had concerns regarding the Park Dedication fees and the City's intent. Shauna Brick, 8615 Boiling Springs Lane, expressed concern regarding traffic, and safety concerns in regards to first responder response time to the new development. Leo Sand, the developer, stated that he appreciates all of the comments. He reviewed a concept plan with the Council. Cncl. Mocol made a motion to approve Ordinance No. 926, and Cncl. Whiting Seconded the motion. Mr. Thomson recommended that the Council make two seperate motions for this item. He also noted that there were typographical errors in the Resolution. Cncl. Lehman asked Mr. Sand if he was willing to wait for approval until the Council was able to hold a workshop on the item. Mr. Sand agreed that he was willing to wait. Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to approve Ordinance No. 926 approving the rezoning of property from B-1, Highway Business District to R-4, High Density Residential District and Resolution No. 7660, a resolution amending the land use guiding in the comprehensive plan from Commercial to High Density Residential, and move its adoption. Vote: 3 - 2 Opposed: Councilmember Matt Lehman Councilmember Mike Luce Moved by Councilmember Matt Lehman, Seconded by Councilmember Mike Luce to table Ordinance No. 926 approving the rezoning of property from B-1, Highway Business District to R-4, High Density Residential District and Resolution No. 7660, a resolution amending the land use guiding in the comprehensive plan from Commercial to High Density Residential, until a Workshop can be held by the City Council to further discuss the item. Vote: 5 - 0 Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to rescind the original motion to approve Ordinance No. 926 approving the rezoning of property from B-1, Highway Business District to R-4, High Density Residential District and Resolution No. 7660, a resolution amending the land use guiding in the comprehensive plan from Commercial to High Density Residential. Vote: 5 - 0 B. Police and Fire C. Public Works and Engineering D. Personnel E. Parks and Recreation 1. Award of Construction Contracts for the Shakopee Ice Arena and Community Center Improvements, Project No. PR2015-3, Res. No. 7659 (A, B, C) Ms. Polley addressed the Council regaridng the Award of Construction Contracts for the Shakopee Ice Arena and Community Center Improvements, Project No. PR2015-3, Res. No. 7659. The City Council approved the plans and specification and authorized the advertisement for bids for the new ice arena and Community Center renovations on October 20, 2015. The total construction cost, including contingency and contractor's fee, of the project is $25,826,178.00. In addition to the construction costs are the owner costs including SAC/TWC charges and permit fees, furniture, equipment, low voltage, security, contingency, etc. totaling $2,854,501.00. Design fees total $1,736,100.00. The total project cost is $30,416,779, this amount is listed in the Springsted report that the City Council received on November 17, 2015 and within the amount of the bonds adopted by Resolution No. 7640. Cncl. Lehman asked where the funding for re -bidding was stated. Ms. Polley answered that the amounts are all included in the budget total. Cncl. Lehman asked if there is a contingency in case the totals come in higher than projected. Brian Rutger, RJM Construction, answered that if there was to be an adjustment to the numbers, higher or lower, RJM would be carrying a project contingency. Mayor Tabke invited members of the Public to speak on the project. Curtis Olson, 620 McDevitt Street, addressed the Council and expressed his opposition to the project. Doug Devorak, 13720 Marystown Road, addressed the Council and expressed his opposition to the project. Alan Cruz, 2462 Thrush Street, addressed the Council and expressed his opposition to the project. Kenny Farrell, 13460 Marystown Road, addressed the Council and expressed his opposition to the project. Ginny Tietz, 915 Sibley Street, addressed the Council and expressed her opposition to the project. Leo Budija, 1798 Fox Run Street, addressed the Council and expressed his support of the project. Matt Rudi, 1847 Quail Drive, addressed the Council and expressed his support of the project. Doug Ochis, 1878 Cardinal Drive, addressed the Council and expressed his opposition to the project. Tom Schaff, 1150 Menke Circle, addressed the Council and expressed his support for the project. Robert Weikle, 630 4th Avenue West, addressed the Council and expressed his opposition to the project. Sarah Olson, 1636 Tarpan Street, addressed the Council and expressed her opposition to the project. Jim Sorenson, 2585 Hohenstein Court, addressed the Council regarding his feelings on the project. Mary Isaakson, 703 Lewis Street, addressed the Council and expressed her feelings on the project. Kevin Wagner, 1363 Ridge Lane, addressed the Council and the audience and expressed his feelings in regards to the project. Trina Thayer, 1640 Wexford Lane, addressed the Council and expressed her support for the project. Cncl. Lehman stated that he is concerned that the total costs for this project are still unknown. He is also concerned that it will be a substantial impact on the levy, and the quality of life for the taxpayers. He is concerned that the third party survey that was conducted has not been followed, and in his opinion this project will divide the community for years to come. Cncl. Whiting stated that there must be a balance in the community. Community Center improvements have been discussed for many years and never moved forward.. He stated that in his opinion the Senior center is a very important amenity. Cncl. Whiting added that he feels sponsorships, donations and advertising opportunities are very possible once there is a project to sponsor. He added that this project could propel the City into the next phase of development. Cncl. Mocol stated that she feels as long as the Parks and Recreation programs continue to demonstrate the character of the children involved and the values of teamwork, the programs should continue to be supported. Cncl. Luce stated that he is in favor of a community center project, but it needs to be done with a better plan. Mayor Tabke stated that the City does not currently have the amenities necessary for young people and seniors. He added that the City is in better shape fiscally that it has ever been and that now it the time to move forward with this project. If it is delayed another 5 years the cost could rise $5 to $10 million dollars. Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to approve Resolution No. 7659, a resolution awarding contracts for the construction of the Shakopee Ice Arena and Community Center Improvements, Project No. PR2015-3. Vote: 3 - 1 Opposed: Councilmember Matt Lehman Other: Councilmember Mike Luce (ABSTAIN) 2. Approve Construction Administration Services for 292 Design Group (A, B, C) Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to authorize the extension of the contract with 292 Design Group to include the construction administration services for the construction of the new ice arena and community center renovations. Vote: 3 - 1 Opposed: Councilmember Matt Lehman 3. Approve an Amended Contract with RJM Construction, Inc. (A, B, C) Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to enter into a Construction Management At -Risk contract with RJM Construction for construction of the new ice arena and community center renovations. Vote: 3 - 1 Opposed: Councilmember Matt Lehman F. General Administration 11. Other Business 12. Closed Session A. City Administrator Performance Evaluation _1. Ectin Moved by Councilmember Kathi Mocol, Seconded by Councilmember Matt Lehman to go into closed session under Minnesota Statute 13.D.05, subdivision 3 (A) to conduct a performance evaluation of the City Administrator. Vote: 5 - 0 A d'o m to December 17, at 6:30 p.m. e,� e+, ler Heidi Emerson Recording Secretary