HomeMy WebLinkAbout4.F.2. City Council Minutes Consent Business 4. F. 2.
SHAKOL'E E
TO: Mayor and City Council
FROM: Lori Hensen, Deputy City Clerk
DATE: 03/17/2015
SUBJECT: City Council Minutes (F)
Action Sought
Move to approve the City Council minutes from February 17, 2015 and March 3,
2015.
Attachments: 02-17-15 City Council Minutes
03-03-15 City Council Minutes
DRAFT
OFFICIAL PROCEEDINGS OF THE SHAKOPEE
• CITY COUNCIL
REGULAR SESSION LOCATION Council Chambers City Hall 129 Holmes Street South February 17,2015
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 Assistant City Administrator Kris Wilson;Community Development Director R. Michael Leek;
Present: Public Works Director/Engineer Bruce Loney;City Attorney Jim Thomson;Police Chief Jeff Tate;
Deputy City Clerk Lori Hensen
2. Pledge of Allegiance
3. Approval of Agenda
Ms.Wilson stated that agenda item 4.A.3.regarding Potbellied Pigs in a Residential Zoning District
should be moved from Consent and relocated to 10.A.1.Agenda item 10.C.1.pertaining to the
Payment for the Retention of a temporary extension of Vierling Drive should be added to the
Agenda,and 12.A.currently listed under Other Business will be discussed in a closed session.
Moved by Councilmember Jay Whiting,Seconded by Councilmember Matt Lehman to approve the
Agenda as amended.
Vote: 5-0
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.)
Moved by Councilmember Jay Whiting,Seconded by Councilmember Mike Luce to approve the
Consent Agenda.
Vote: 5-0
A. Community Development
1. Text Amendment to 11.70 Regarding Signs,Ord.No. 902(B,F)
Moved to approve Ordinance No. 902,an ordinance amending City code 11.70 Signs.(Motion carried
under the Consent Agenda)
Vote: 5-0
2. Text Amendment to 11.81 Regarding Home Occupations,Ord,No. 901 (B,F)
Moved to approve Ordinance No. 901,an Ordinance amending City Code 11.81 subd.7 Home
Occupations. (Motion carried under the Consent Agenda)
Vote: 5-0
3. Potbellied Pigs in Residential Zoning Districts(B)
Mr.Leek presented an Ordinance pertaining to Potbellied Pigs in Residential Zoning Districts. The
Council is asked to review the information regarding the keeping of potbellied pigs in residential
zoning districts and then take action on the desired response or provide further direction to staff.At
the January 20 City Council meeting a prospective resident asked the City Council to consider
amending the City Code to allow the keeping of potbellied pigs in residential zoning districts.
Mr.Leek reviewed with Council the current City Code related to animals in the city.
If the Council wishes to change the City Code and allow the keeping of potbellied pigs,the necessary
action would be to adopt an Ordinance amending Chapter 10 to add a requirement to hold a permit or
license for the pig(s)and/or a limitation on the number of pigs that may be kept at a given property.
It should also be noted that if such animals are allowed in the residential zone it may be a challenge
for City staff responding to calls or complaints or performing code enforcement to determine whether
a particular pig is a regular pig,a potbellied pig,or a mini potbellied pig.
Mayor Tabke questioned why it would be the Councils role to decide whether or not someone can
have a potbellied pig living in their home.He added that he thinks that a potbellied pig will be
dramatically less impactful to neighbors than a barking dog or a stray cat.
Cncl.Luce added that as long as the Ordinance is strictly limited to potbellied pigs,and the animal
will be living indoors he does not see a problem with it.
Cncl.Lehman stated that if residents want to have a pig living in their home on their private property
he is fine with it,but he does not want to make a policy for one individual.
After some discussion,the Council decided not to make a motion regarding Ordinance 903 Allowing
Potbellied Pigs.
B. Police and Fire
C. Public Works and Engineering
1. Approve Plans and Order Ad for Bids for the 2015 Overlay Project,Project No.2015-2,Res.No. 7549
(E)
Moved to approve plans and Order Ad for Bids for the 2015 Overlay Project,Project No. 2015-2,Res.
No. 7549.(Motion carried under the Consent Agenda.)
Vote: 5 -0
D. Personnel
E. Parks and Recreation
F. General Administration
1. City Bill List(F)
Moved to approve the bills and electronic funds transfers in the amount of$994,004.59 and payroll
transfers in the amount of$580,118.36 for a total of$1,574,122.95. (Motion carried under the Consent
Agenda)
Vote: 5-0
2. City Council Minutes(F)
Moved to approve the City Council minutes from February 3,2015.(Motion carried under the Consent
Agenda.)
Vote: 5-0
3. Temporary Liquor License-MN Farm Winery Association(F)
Moved to approve a temporary on-sale liquor license for the MN Farm Winery Association for April
25,2015,at Canterbury Park Event Pavilion, 1100 Canterbury Road.(Motion carried under the
Consent Agenda)
Vote: 5-0
4. Change City Council Meeting Dates-Res.No. 7550(F)
Moved to approve Resolution No.7550,a resolution changing the May 5,2015 meeting date to May 6,
2015,and adding March 12,March 31,and April 14,2015 as City Council Workshop meeting dates.
(Motion carried under the Consent Agenda)
Vote: 5-0
5. Appointments to Boards and Commissions,Res.No.7554(F)
Moved to approve Resolution No.7554,a resolution appointing individuals to various boards and
commissions.(Motion carried under the Consent Agenda)
6. Resolution of Support for Rahr Corporation's Job Creation Fund Application,Res.No. 7553(D)
Moved to approve Resolution No. 7553,A Resolution Regarding the Support of a Job Creation Fund
Application in Connection with Rahr Corporation.(Motion carried under the Consent Agenda)
Vote: 5-0
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.)
No one responded.
6. Public Hearings:
A. Public Hearing for the Hilldale Drive Improvement Project No.2014-3(E)
Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to open the Public
Hearing.
Vote: 5 -0
Mr.Loney addressed the City Council regarding the Hilldale Drive Improvement Project No.2014-3.
A public hearing was held on October 21,2014 on the Hilldale Drive sanitary sewer,water main and
street reconstruction project. The hearing was continued to allow time to review the results of a
special benefit consultation.
Information was provided to Shakopee Public Utilities(SPUC)and discussed at their Feb.2,2015
meeting. SPUC would like to see the water system extended to Hilldale Drive and passed a motion to
extend the length of time property owners have to connect to the water system from 3 years to 5 years.
A subsequent informational meeting with the residents of Hilldale Drive was conducted on February
4,2015. Attending the meeting were residents from 7 out of 10 lots.
In general,the residents appear to be in favor of extending sewer and water and reconstructing the
street but not at the price estimated.
Overall,the residents would like to have the assessments,connection charges,permits and fees
capped at$28 000 and allow a 20 year assessment term.
pp Y At this point,the main issue is cost. Most
residents have indicated they do want sewer and water.The project is a city initiated project so a
45th vote of the Council would be needed to order the project. Scott County has previously
submitted a letter strongly supporting the extension of city sewer due to a concern that there is a high
susceptibility for groundwater contamination.
The benefit consultation analysis indicates a benefit of$28,000 which is the maximum amount that
can be assessed by law.Connection fees are not considered assessments.However,they are
additional costs that the property owner will incur for obtaining sewer and water service.
Cncl.Whiting asked staff if SAC credits can be used for this project.Mr.Loney answered that the
SAC Policy was passed only for Commercial Industrial based job creation.
Cncl. Mocol if the copper vs. plastic piping mentioned in the letter from the residents was a City
requirement. Joe Adams,Planning&Engineering Director for Shakopee Public Utilities,answered
that it is SPUCS policy to require copper piping.A change in this requirement would require a
change in the Water Policy Manual.
Mayor Tabke asked if there was anyone present that would like to discuss this issue.
Susan VanEyl, 1975 Hilldale Drive expressed concerns over the rising costs of the project.
Brandon Krumwiede,2075 Hilldale Drive presented four different options for review which included
interest and any added costs to homeowners.Mr.Krumwiede stated that the residents are all in favor
of option#4 which caps the costs to the residents at$28,000.00.
Mayor Tabke asked staff what the City's cost would be if option#4 was chosen.Mr.Loney answered
that the City's cost would be approximately$12,600.00 per lot,or$126,000.00 overall.
Walt Sweeney,2055 Hilldale Drive expressed concerns over being charged storm drainage charges
when he has a culvert. Mr.Loney responded that the storm water drainage goes to other areas and
through other systems that the City maintains.
Ms.Wilson stated that staff wants to ensure that the Council understands that this decision might be
setting a precedence.
Ms.VanEy1 also asked the Council to consider the whole cost to the homeowners,not just the
$28,000.00.
Moved by Councilmember Jay Whiting,Seconded by Councilmember Matt Lehman to close the
Public Hearing.
Vote: 5-0
Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol Moved to ask staff
to review option#1 with an extended connection requirement of 5 years,provide an extended payback
term of 15 years,and pursue grant opportunities.
Vote: 2-3
Opposed: Mayor Brad Tabke
Councilmember Matt Lehman
Councilmember Mike Luce
Discussion:
Cncl. Mocol believes that the$28,000.00 cap is too much,and would like to get the number down to
$20,000.00.
Cncl.Lehman stated that the homeowners had sent a letter stating that they had agreed to the
$28,000.00 cap.He added that he is in support of capping the cost at$28,000.00 with a 5 year
connection,and a 15 year payback term.
Cncl.Whiting stated that his concern is that this issue will come up time and time again,and all
residents will be asked to pay the difference every time.
After further discussion the motion failed with Cncl.Luce,Mocol,Lehman and Mayor Tabke in
dissent.
Moved by Councilmember Kathi Mocol, Motion to approve Option#2 with a$20,000.00 cap.
Vote: 1 -4
Opposed: Mayor Brad Tabke
Councilmember Matt Lehman
Councilmember Jay Whiting
Councilmember Mike Luce
Discussion:
Motion failed due to lack of a second.
Moved by Councilmember Matt Lehman, Motion to approve Option#1 with a 5 year connection
requirement,A 15 year payback term and require a waiver of a appeal of assessment from
homeowners.
Vote: 4- 1
Opposed: Mayor Brad Tabke
7. Business removed from the Consent Agenda will be discussed at this time
See:
4.A.3. Regarding Potbellied Pigs in a Residential Zoning District.
8. Recess for Economic Development Authority Meeting:
Moved by Councilmember Jay Whiting,Seconded by Councilmember Mike Luce to recess for
Economic Development Meeting.
Vote: 5-0
9. Reconvene
10. General Business:
A. Community Development
B. Police and Fire
C. Public Works and Engineering
D. Personnel
1. Approval of Position Profile and Authorization to Advertise for City Administrator
Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to approve the
position profile and provide authorization to advertise for City Administrator.
Vote: 5-0
E. Parks and Recreation
F. General Administration
1. Results of Community Survey
Peter Leatherman presented the results of the completed Community Survey.He informed the
council that 400 residents were surveyed,and that there was a 4%refusal rate.
Mayor Tabke asked if there was any mention on social media in the survey,particularly Facebook?
Mr.Leatherman responded that all social media fell under the"Scattered"category.
Cncl.Whiting asked if the Hometown Messenger was an every door direct mailing or if it was only
delivered the homeowners?Ms. Wilson answered that it goes the every mailbox in the zipcode,and
that it is combined with the Parks and Recreation brochure.
Cncl.Lehman asked what percentage of the population was surveyed. Mr. Leatherman responded
that 400 residents were surveyed,plus or minus 5%.
Cncl.Whiting commended Morris Leatherman on the survey,and added that he thought it was a
good mix of age,location,race&income.
Cncl.Luce asked what the refusal rate was.Mr.Leatherman answered that it was 4.5%.Mayor
Tabke asked if that meant people actually refused to take the survey,or the company could not
reach them. Mr.Leatherman responded that it was both.
Cncl.Lehman asked if there was an added cost to the City to get a full report of the survey.Mr.
Leatherman responded that it was included.
Cncl.Lehman added that was very pleased with the staff portion of the survey,and he feels very
proud of staff and he is appreciative.
11. Closed Session to Discuss the Potential Purchase of Property
Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to move to a
closed session.
Vote: 5-0
A. 234 1st Ave.W.
No action was taken.
12. Other Business
A. Security at City Council Meetings(verbal)
No action was taken.
13 Adjourn to March 3,2015 at 7:00 p.m.
Lori H� ;�'
Acting City Clerk
Heidi Emerson
Recording Secretary
DRAFT
OFFICIAL PROCEEDINGS OF THE SHAKOPEE
CITY COUNCIL
REGULAR SESSION LOCATION Council Chambers City Hall 129 Holmes Street South March 3,2015
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 Assistant City Administrator Kris Wilson;Public Works Director/Engineer Bruce Loney;City
Present: Attorney Jim Thomson;Parks and Recreation Director Jamie Polley;Acting City Clerk Lori Hensen
2. Pledge of Allegiance
3. Approval of Agenda
Moved by Councilmember Kathi Mocol,Seconded by Councilmember Jay Whiting to approve the
Agenda.
Vote: 5-0
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.)
Moved by Councilmember Jay Whiting,Seconded by Councilmember Matt Lehman to approve the
Consent Agenda.
Vote: 5-0
A. Community Development
B. Police and Fire
1. Shakopee Mdewakanton Sioux Community Public Safety Grant(C,E)
Moved to authorize submittal of an application to the Shakopee Mdewakanton Sioux Community for a
$30,000 Public Safety Grant.(Motion carried under the Consent Agenda)
C. Public Works and Engineering •
1. Accept Work on the 2013 Street Reconstruction Project No.2013-1,Res.No.7552(E)
Moved to approve Resolution No. 7552,a Resolution Accepting Work on the 2013 Street
Reconstruction,Project No.2013-1,and move its adoption.(Motion carried under the Consent Agenda)
2. Approve Plans and Order Ad for Bids for the 2015 Street Reconstruction Project No.2015-1,Res.No.
7555(E)
Moved to approve Resolution No.7555,A Resolution Approving Plans and Specifications and
Ordering Advertisement for Bids for the 2015 Street Reconstruction,Project No.2015-1.(Motion
carried under the Consent Agenda)
3. Authority to Enter into Encroachment Agreements(F)
Moved to grant the appropriate officials the general and ongoing authority to sign standard
Encroachment Agreements on behalf of the City without Council action on each individual agreement.
(Motion carried under the Consent Agenda)
4. Contract for 2015 Park Restroom Cleaning(E)
Moved to authorize the appropriate officials to enter into a cleaning contract with Treasure
Enterprises,Inc.for seasonal park restroom cleaning from April 2015 through March 2016.(Motion
carried under the Consent Agenda)
D. Personnel
1. Amendment to Part-Time Pay Plan-Res.No. 7556(E)
Moved to approve Resolution No. 7556,a resolution amending the Pay Plan for Part-Time,
Temporary and Seasonal Employees,and move its adoption.(Motion carried under the Consent
Agenda)
2. Approval of Amended Job Description for Engineering Technician(E)
Moved to approve the position description for the position of Engineering Technician and authorize
its placement in Grade 5 of the City's 2015 Pay Plan for Non-Union Employees.(Motion carried under
the Consent Agenda)
3. Approval of Job Description for New Building Maintenance Position(E)
Moved to approve the position description for the position of Building Maintenance Manager and
authorize its placement in Grade 5 of the City's 2015 Pay Plan for Non-Union Employees. (Motion
carried under the Consent Agenda)
E. Parks and Recreation
1. Authorization to Submit 2015 Outdoor Recreation Grant Application for Quarry Lake Park,Resolution
No. 7558(A)
Moved to approve Resolution No.7558,A Resolution of the City of Shakopee,Minnesota Authorizing
the City to Submit an Outdoor Recreation Grant Program Application for the Quarry Park Project.
(Motion carried under the Consent Agenda)
F. General Administration
1. City Bill List(F)
Moved to approve bills and electronic funds transfers in the amount$634,093.25 and payroll transfers
in the amount of$428,010.29 for a total of$1,062,103.54.(Motion carried under the Consent Agenda)
2. Resolution of Support for Minnesota Investment Fund(MIF)Application,Resolution#7557(D)
Moved to approve Resolution#7557,a resolution in support of the Economic Development
Authority's Minnesota Investment Fund Application for Entrust Datacard. (Motion carried under the
Consent Agenda)
3. Joint Powers Agreement for Sentencing to Service Program(F)
Moved to authorize the appropriate officials to enter into the attached Joint Powers Agreement for the
Sentencing to Service Program.(Motion carried under the Consent Agenda)
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. Workshop Discussion:
A. Ice Arena Improvement Options(A,B,D).
Jamie Polley presented the Ice Arena Improvement Options and asked the City Council to provide the
architectural consultant with direction on how to proceed with the architectural and feasibility studies
for the Community Center 2.0 project.
On December 2,2014 the City Council authorized the hiring of 292 Design Group,Inc. as the
architectural consultant for the Community Center Study. 292 Design Group,Inc.was tasked with:
1.Developing a plan for all of the components within the study based on the programming
recommendations from our feasibility study/market analysis.
2.Determining the cost to change the cooling system of our current Ice Arena per state requirements
and add a second sheet of ice to our current facility as well as determine if a future 3rd sheet could be
built on the same site.
3.Determining the cost to construct a new 2 sheet facility on property that does not require
purchasing.
In order to proceed with the study,the consultant needs direction from the City Council on which Ice
Arena option to pursue.
Ms. Polley discussed the options.
Option A;Adding on to the current Ice Arena:
This option replaces the cooling system of the current sheet of ice and adds a second sheet of ice onto
the existing sheet. It has been determined by the consultant that a 3rd sheet of ice cannot fit in close
proximity to the current sheet of ice on the community center campus. The pros of this option include
the ability to continue to utilize the current sheet of ice and there is a lower initial capital cost($12.8
million).The challenges with this option include the potential loss of a hockey season, If only the
cooling system is replaced in the current sheet of ice the estimated cost is$1.75 Million as indicated in
the 2015-2019 Park Asset Fund Plan.
Option B;Building a new 2 sheet facility:
This option plans for a new 2 sheet facility,built on land that does not need to be purchased by the
City. The two ice sheets would be side by side with the potential for a 3rd sheet of ice to be added on
in the future.In addition,this option would repurpose the current sheet of ice for another use(indoor
aquatic center,sport courts,etc.). She also discussed the pros and cons of this option.
Both options include shelling out the HS team rooms and dryland training area and adding additional
parking to each site.The cost to finish,furnish and equip the HS team rooms and dryland training area
would be the responsibility of the School District and the Shakopee Youth Hockey Association.
Discussion:
Cncl.Lehman asked for clarification on how properties will be explored.Ms.Polley explained that
properties currently owned by the City will be explored first and discussions will be held with the
School District after the School Referendum. She added that at this time the City is only looking at
potential properties nothing is being decided on.
Cncl. Luce stated that he is open to exploring these options,but added that he does not think this
financial burden can be placed on taxpayers at this time.
Moved by Councilmember Kathi Mocol,Seconded by Councilmember Jay Whiting Moved to approve
proceeding with a feasibility study based on construction of 2 sheets of ice at another location and
repurposing the shell of the existing ice arena.
Vote:4- 1
Opposed: Councilmember Matt Lehman
Discussion:
Ms.Wilson informed the Council that the next steps will be Ms.Polley and her staff,as well as the
consultants hired by the City doing more research on the reuse of the Community Center Ice Arena
shell,as well as costs involved in repurposing it.Feasibility study results information will be discussed
at the meeting on March 31,2015.Present will be Ballard&King,the feasibility consultants,292
Group,and Springsted will be present to discuss the financing options available to the City.
Moved by Councilmember Kathi Mocol,Seconded by Councilmember Jay Whiting Moved to provide
authorization to begin exploring site options for new 2-sheet facility at sites the City would not have to
purchase.
Vote: 4- 1
Opposed: Councilmember Matt Lehman
B. Revised Concept for Jennifer Lane Extension(A,D)
Mr.Loney presented a revised Concept for Jennifer Lane. On October 15,2013,staff brought to
Council the concept of constructing Jennifer Lane from Valley Creek Crossing 2nd Addition to Wood
Duck Trail and deferring assessments to benefiting property owners with our approval of an
assessment agreement.
City and County staff worked with the property owners and couldn't reach an agreement last fall. One
of the issues with the property owners is that they did not want to incur an assessment.
Staff has met with Scott County staff on the extension of Jennifer Lane to review possible alternatives.
Staff has suggested that a lateral sewer connection charge could be done instead of assessments by
adopting an ordinance.The ordinance would define the amount and the area that the charge applies
and when the charge applies to the property.
SPUC would have to generate a lateral water connection charge to cover extension of watermain.
City engineering staff would work with County engineering staff to design a road connection from
Valley Creek Crossing 2nd Addition to Wood Duck Trail. The Menden's have indicated a desire to
subdivide and in their subdivision,they would construct a connection of Fairhaven Drive to Jennifer
Lane.
The City would be responsible for 10%of the road cost and storm sewer/ponding and that is estimated
to be$89,074.00.This cost would be paid out of the Capital Improvement Fund and a separate County
Agreement would be done for this project work and cost.
The connection of Jennifer Lane would provide alternate routes out of neighborhoods that have to use
Wood Duck Trail.
The main benefit for the City is the additional local road connections for public safety and emergency
management for the Lakeview Drive and Wood Duck Trail area.Staff would recommend moving
forward with a Lateral Sewer Connection Charge to see if the property owners would agree to the
extension of Jennifer Lane.
After much discussion the Council decided to proceed with a lateral extension charge concept for
Jennifer Lane,return with Ordinance at future meeting. Program funds(approximately$90,000)for
City share of road surface.
Moved by Councilmember Kathi Mocol,Seconded by Councilmember Mike Luce to approve a motion
approving the concept of a Lateral Sewer Connection Charge Concept for the extension of Jennifer Lane
from Valley Creek Crossing 2nd Addition to Wood Duck Trail and for the City to contribute funds for
constructing Jennifer Lane Street Improvements.
Vote: 5-0
8. Adjourn to March 12,2015 at 7:00 p.m.
Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to adjourn.
Vote: 5-0
( 7
Lori His4i
Acting City Clerk
Heidi Emerson
Recording Secretary