HomeMy WebLinkAbout02/17/2015 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. 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 Hensen
Acting City Clerk
Heidi Emerson
Recording Secretary