HomeMy WebLinkAbout5.B. Approval of Minutes: December 06, 2005, December 20, 2005 Special Session, December 20, 2005 and January 03, 2006
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE,M~ESOTA DECEMBER 6, 2005
Mayor John J Schmitt called the meeting to order at7:02 p.m. with Council members Joe
Helkamp, Terry Joos, Steve Menden and Matt Lehman present. Also present were Mark
McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community
Development Director; Bruce Loney, Public Works Director/City Engineer; Jim
Thomson, City Attorney; Kris Wilson, Assistant to the City Administrator; Dan Hughes,
Chief of Police; Gregg Voxland, Finance Director.
The Pledge of Allegiance was recited.
Mayor Schmitt asked if there were any deletions, additions or corrections to the agenda.
Mark McNeill; CIty Administrator, requested that item 15.F.8, A Resolution Adopting a
Post Employment Health Plan for members of the Police Supervisors' Union be added to
the agenda.
Helkarnp/Lehman moved to approve the modified agenda. Motion carried 5-0.
Mayor Schmitt reported he had spent last Thursday, Friday and Saturday at the League of
Minnesota Cities conference in Rochester and added that he will share the information
. . . . .
after he's had a chance to digest it.
Mayor Schmitt then asked if there were any additions, deletions or corrections to the
Consent Agenda.
Cncl. Helkamp requested that 15.F.5, Superior Supply Company - MnDOT Parcel 81,
and item 15.E.l, 2006 Cost of Living Adjustments for Non-Union Employees be added to
the consent agenda.
Mayor Schmitt indicated that he would prefer that item 15.F.5 remain on the agenda as he
has a question. He also requested that item 15.F.3, 2005 Budget Amendment Res. No.
6335, be deleted from the consent agenda in that he is requesting a brief clarification.
MendenIHelkamp moved to accept the Consent Agenda as amended. Mr. McNeill
proceeded to read the consent agenda business for the record. Motion carried 5-0.
Mayor Schmitt asked if there were citizens who were interested in being heard by the
Council on any item that was not included on the agenda. There were none.
MendenlHelkamp moved to approve bills in the amount of$I,349,123.08 plus
$161,294.44 for refunds, returns and pass through for a total of$I,510,417.52. (Motion
carried under the Consent Agenda.)
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Helkamp/Menden moved to open a public hearing to discuss the. proposed extension of
trunk sanitary sewer from the Prior Lake Interceptor to the east plat line of Riverside
Bluffs, Project No. 2006-4, Resolution No. 6336. Motion carried 5-0 and the public
hearing opening at 7:09 p.m.
Bruce Loney approached the podium. He indicated that a feasibility study was approved
by Council and completed by WSB & Associates. Mr. Loney indicated that the estimated
project cost for this project is $590,592.81 including easement acquisitions. He noted
that the developer of Riverside Bluffs, Ryland Homes, has indicated a contribution of
$150,000 toward this project if sewer is available by June 1, 2006, in addition to the
special assessments. He explained two options for the extension.
Cncl. Lehman noticed Alignment 2 is $43,000 less expensive forthe City's portion and
wondered why. Mr. Loney answered that the soil survey indicated weak soils in
Alignment 1 and piling would be required to support it. Alignment 1 is a shorter
distance but higher cost. Cncl. Lehman asked how service would getto the proposed fire
station. Mr. Loney responded that with the proj ect design, there is a service line in the
area that would be extended into the fire station site.
Mayor Schmitt asked if anybody from the public wished to be heard in this matter. There
were none.
JooslMenden moved to close the public hearing. The motion carried 5-0 and the hearing
closed at 7:19 p.m.
Lehman/Joos moved to accept the offer from Ryland Homes,Inc~ to pay $150,000 toward
the Trunk Sanitary Sewer Extension Project. Motion carried 5-0.
MendenlJoos offered Resolution No. 6336,A Resolution Ordering an Improvement and
Preparation of Plans and Specifications for the Trunk Sanitary Sewer Extension from the
Prior Lake Interceptor to the East Plat Line of Riverside Bluffs, Project No. 2006-04, and
moved its adoption. Motion carried 5-0.
Helkamp/Joos moved to open a public hearing at 7:20 p.m. to discuss a petition of
Tollefson Development for the annexation ofland located in Jackson Township. Motion
carried 5-0.
R. Michael Leek approached the podium. He indicated that this public hearing is a
continuation of the September 6,2005 meeting. Mr. Leek indicated that Tollefson
Development's petition requests an annexation of approximately 45 acres of land from
Jackson Township. The property in question is located south of and adjacent to the plat
of Countryside, and east of Marystown RoadlCSAH 15.
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Mr. Leek added that the property was reviewed by the Planning Commission and their
recommendation is that it shouldn't proceed at this time but didn't necessarily deny the
petition.
Mr. Leek stated that this annexation is in Phase II of the MUSA area and is still being
considered by ISD 720 as one of three potential elementary school sites. The school
district will need two properties. Mr, Leek added that he didn't have a resolution
prepared this evening. Mr. Leek stated that he would like to know Council's wishes and
will come back with a prepared resolution.
Cncl. Menden asked how much of the Phase I area is left. Mr. Leek answered that it
hadn't been calculated. Cncl. Menden asked if the City is approaching the end of Phase
I. Mr. Leek answered that on the East end there are the Widmer property and the second
Shutrop property; approximately 200 acres on the east side. The Theis property adjacent
to Highway 169 on the west side of Marystown Road is about 70 acres and is in the Phase
I MUSA areas. There are some properties on the west side of County Road 83 south of
169 that are also in Phase I; there are something in excess of 300 acres still remaining in
Phase 1. Cncl. Menden asked if, when the phases were established, there was a timefame.
Mr. Leek answered no but had loosely discussed 1-3 years for Phase I, 3-5 years for
Phase II, 5-10 years for PhaseIII and beyond 10 years for Phase IV.
Cncl. Lehman asked who would pay for the annexation. Mr. Leek answered that
payment for the roads would be split between the City, the County and the Developer; the
sanitary/storm sewer would be deferred to Mr. Loney. Mr. Leek added those costs
wouldn't be borne by property owners outside the city limits. Cncl. Lehman noted that
by developing, it becomes part of the city and their tax dollars would pay. Mr. Leek
stated that the developer would pay roadways, installation of infrastructure would be paid
as part of the plat. Costs are borne by the developer when it becomes part of the city and
is developed for residential purposes. In the long run, it may not be a residential site
since the school district is looking at it for a potential site.
Mayor Schmitt asked if there were any interested citizens who wished to be heard in this
matter. There were none.
JooslLehman moved to close the public hearing at 7:32 p.m. Motion carried 5-0.
Cncl. Helkamp indicated he would like to know for sure that this is a school site. Being
asked to change the plans by moving into Phase II without finishing Phase I doesn't seem
right. He noted that he didn't think it an appropriate time to annex this portion of
property.
Cncl.Joos stated that the school district can't move forward without some knowledge as
to where annexation has been approved.
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Cncl. Menden stated that of the three potential school sites, this site is the least desirable
due to limited access and echoes Cncl. Helkamp's sentiments. He added that if the
petition for annexation is denied, the school district's choices are restricted. Part of this
parcel, according to SPUC, is unserviceable without a considerable amount of
infrastructure going in. Cncl. Menden would optto deny the petition but be open if the
school board has optioned to purchase property; the matter can be brought back to
council.
Cncl. Lehman asked. if Council were to extend MUSA to this property, would that
guarantee a timeline to accept development by the applicant. Mr. Leek answered that it
will eminently urbanize and estimates that within a 3-year timeframe, at the outside, it
would be developed.
Cncl. Lehman stated that by annexing, the. City is not moving ahead on development; the
City is basically saying that in 2-3 years it's likely to develop. Mr. Leek answered that
Tollefson, given the history, would be a little quicker than that.
Cncl. Helkamp feels that it would be wrong of the City to "pirate" JacksonTownship's
tax base without developing it; it's a bad tactic. Cncl. Helkamp stated that it was his
understanding that the second site the school district had selected is target for 2009 and
they're still hoping that the DR Horton site will work for them. If the school district then
decides that they want this parcel, it would just be a matter of another petition and
another public hearing.
Mayor Schmitt asked about a property being incorporated but not developed. Mr. Leek
asked if Mayor Schmitt was asking if the veterinary clinic would be allowed to remain in
it's current configuration. Mr. Leek stated that the clinic would be grandfatheredin as a
5-acre exception.
MendenlHelkamp moved to deny request of Tollefson Development's petition for
annexation (of 45 acres located south of Countryside and east of Marystown Rd) and
directed staff to prepare a resolution for action by the City Council at its December 20,
2005 meeting. Motioned carried 4-1 with Cncl. Joos dissenting.
Mayor Schmitt then asked for liaison reports from Council.
Cncl. Helkamp stated that he had spent an evening at the jail and felt that the training
exercise was good.
Cncl. Joos attended a Shakopee Public Utilities meeting. They are working on budgets
and CIP and coordination with staff.
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Cncl. Menden attended a school board meeting. He added that there are several
opportunities for citizens to become involved with committees that are being formed and
that if there are interested citizens they should contact the school district. Healso
attended a downtown partnership meeting regarding new street lighting.
Cncl. Lehman also spent the evening of November 28th at the new jail.
Helkamp/Lehman moved to recess the Council Meeting at 7:45 p.m. for.the EDA
meeting. Motion carried 5-0.
Mayor Schmitt re-convened the regular session of the Council at 7:50 p.m.
R. Michael Leek addressed Council concerning an appeal of the Board of Adjustment and
Appeals determination on a Renewal of a CUP and Rehabilitation Permit for Shakopee
Gravel, Inc. at 1650 Canterbury Road.
Regarding Shakopee Gravel, Inc., Mr. Leek stated that in September and November of
this year, the City's Board of Adjustments and Appeals (BOAA) reviewed a proposed
renewal of the CUP for mining at this location. On November ]fd, after a number of
issues had been raised, some with adjoining residences, and after testimony from the
appellant in this case, Ms. Beverly Koehnen, the BOAA approved a resolution renewing
the CUP.
Mr. Leek presented Council with a map of the site in question. He noted that there is a
monitoring well on the site in the northeast comer.
.
Mr. Leek stated that in Ms. Koehnen's petition for appeal and in the accompanying letter,
she asserts that there are two errors or omissions made by the Board of Adjustments. The
first is that the CUP should have been reviewed and approved by the City Council rather
than the BOAA. Mr. Leek had reviewed the history of approvals of this site. There are a
number of resolutions approving the CUP for the purpose of mining on this site that are
City Council resolutions. The reason for that is that they were the subject of appeals in
the past by Ms. Koehnen. There is nowhere in those resolutions or in the City's
ordinances where approval of a CUP has been reserved to the City Council. Mr. Leek
submitted to the Council that the CUP was properly decided by the BOAA. The only
provision under City code that provides for the City Council to review CUPs as a matter
of course is where there's a separate and related land use application that would
otherwise come before them. That is clearly not the case here.
The second error that Ms. Koehnen asserted in her letter refers to the fact that in the
revised resolution that anything that talks about a three-year renewal or a renewal ofthis
CUP is removed. That was done after discussion with the applicant and consultation with
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the City Attorney. Staffs conclusion, after consulting with the City Attorney, is that
since CUPs actually run with the land, the City is on questionable grounds at best to
require a regular renewal of the CUP. There is, under ordinance the authority, if
conditions are not being complied with, to bring that CUP back to the BOAA and seek
revocation of the CUP. Mr. Leek indicated that it is his understanding that the opinion of
the City Attorney is that the City really doesn't have the authority to require a renewal.
That being said, the resolution passed by the BOAA still provides foran annual review of
the operations on that site.
In the letter submitted, there are a number of items Ms. Koehnen referred to. although she
doesn't refer to them as errors oromissions on the action of the BOAA, but Mr. Leek
wants them noted for the record. One of them relates to security fencing, one relates to
berms, hours of operation, removal of condition number 17, a condition that required a
plan of operation under the mining permit. The agreement going forward on this CUP
was an action that was essentially accomplished in 1996 with the original mining permit.
Ms. Koehnen mentions diesel range organics (DRO) in the monitoring well and
monitoring of imported materials. In that list, she doesn't refer to any errors or omissions
that the Board may have made. Mr. Leek noted that with regard to those items, there
really isn't a basis in the petition for appeal. There are two alleged errors or omissions
related to renewal or authority of the Board to make the initial judgment.
Mr. Leek referred to the DRO issue. The EAC recommended to the BOAA that a
condition be inserted into the CUP resolution that required a second monitoring well on
the northwest portion of the site. The BOAA chose not to do that. In the process of
reviewing this permit, staff did communicate with John Crooks at SPUC. Since 2002,
SPUC has been receiving the quarterly reports from which we find that DRO are above
the health based standard or value that's referred to. Staff checked to see ifthere were
any other concerns that SPUC had. They've been monitoring their wells for any impact
from these DRO and, as late as this year, have found there are no incidents ofDRO or
any other volatile organic compounds ofconcem at the City's well. The Board felt that
with the monitoring which is being done by SPUC, the location of the existing
monitoring well, and the probable hydrological path of travel, it doesn't suggest
contamination from this site, but rather from somewhere else and that a second
monitoring well was not needed. Mr. Leek commented that if staff were to find that there
is a concern at City wells, staff could undoubtedly work with Shakopee Gravel to locate
another monitoring well based on the evidence presented.
Mr. Leek stated that Council has received this evening both a number of questions and an
outline of the testimony Ms. Koehnen planned to present. Mr. Leek stated that if Council
feels that they need a point-by-point response to the memo on the table, that Council
should table action on this item to allow time for staff to assemble the information.
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Mr. Leek reviewed the questions on the first page of the memo since they were fairly
easy to answer. Mr. Leek indicated that he had provided copies and review sheets for
comments to Scott County Environmental Health and, as part of this renewal, they had
not commented.
After a question and answer session between Council and Mr. Leek, Mayor Schmitt
asked if the applicant, Beverly Koehnen, wished to comment.
Ms. Koehnen approached the podium and stated that the main reason she had brought this
item before Council is that it was the wish of the previous Council that this item be
brought to Council rather than the BOAA. She added that Mr. Bob Sweeney stated the
wishes. in the most plain language. " ... assumes that this will be seen back in Council
rather than the Planning Commission where we can get bamboozled for a while..."
Ms. Koehnen proceeded to review the items on the memo she had included in the memo
packet. She asked that after Mr. Perry speaks she would like the opportunity for a
rebuttal. Ms. Koehnen answered Mr. Leek's concern that she didn't have a basis for
appeal. She indicated that she had spoken to a Scott County attorney in 2002 to attempt
to get the permit in force. Ms. Koehnen urged Council to read the information they
would be voting on.
Mayor Schmitt recommended that the issue be tabled to the December 20, 2005 meeting
for answers to Ms. Keohnen's questions. He then asked if there was anyone else who
wished to speak on the matter.
Mr. Leek answered Ms. Koehnen's allegation that he had said she didn't have the right
to address Council. He stated that he had never said such a thing. He also answered Ms.
Koehnen's contention that things have "disappeared". Mr. Leek stated that there were a
number of processes and they are all documented. He added that processes have changed
for specific reasons not just to annoy Ms. Koehnen.
Mayor Schmittasked ifthere were anybody else who wished to speak to this matter.
Jack Perry of Briggs & Morgan, attorney for the applicant, approached the podium. He
stated that he didn't want to belabor the points Ms. Koehnenhad addressed since most
aren't worth it. He added that Ms. Koehnen has been making the same comment for 17
years ("so many problems with this mine") and that the only person who has said that is
Bev Koehnen. Mr. Perry went on to state that City staff members Mr. Noble and Mr.
Leek can confirm that there had been no problems with the mine.
After Council and Staff discussions, Mr. Leek spoke. He stated that when the
conversations started, there were two allegations of errors or omissions on the part of the
BOAA. The first was the contention that the City Council or the previous City Council
had reserved for the Council the authority to approve finally the renewal of this CUP.
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Mr. Leek went on to add that he understands that there are statements on the record and
he had reviewed them. There are not, however, motions or resolutions on the record that
made that a Council action. The second one was that Council can, in fact, require
renewal and that the Board was in error in concluding that that condition should be done
away with. Again, that was done in consultation with the City attorney. Mr. Leek noted
that the whole conversation of monitoring arises to a question of whether you with it
presented to you this evening want to take it as a third basis for reviewing the BOAA. In
other words, did the BOAA err in not requiring additional monitoring wells? There are
two potential ways to handle it. One is to take it as an allegation of error on the part of
the BOAA and ask that it be tabled for further consideration. The second course is
whatever you do on this resolution whether you table it or not to direct staff, specifically
the natural resources staff and the EAC, to develop a more comprehensive plan in concert
with this operator to provide additional monitoring wells that will provide more
meaningful data. It was Mr. Leek's suggestion that whether Council takes this as a basis
for an appeal tonight or not, that it should happen anyway. But first, Council should
decide if they have concluded this evening that it's an additional allegation on Ms.
Koehnen's part that should be evaluated when determining whether to uphold her appeal
or the BOAA's decision. Council hasn't done that yet; Council spent a lot oftime talking
about how effective the monitoring should be. While there is agreementthat there are
better ways to do that, Mr. Leek thinks that council heard Mr. Perry, on behalf of the
applicant, say that they will work with the City to do that. Council first needs to decide if
they're evaluating this as a basis for finding an error on the part of the BOAA or not.
Mayor Schmitt stated that the idea of review is what this whole process is about. It's not
a renewal. The City is obligated to hold the CUP until 20 13 by court edict assuming that
there's reasonable implementation of all of the rules and conditions that were originally
set forth. And, in the absence of any citations being issued for failure to comply, he
didn't feel that Council had much ground, at this point, to do much of anything. Mayor
Schmitt added that there is no Council actions to set forth the requirement that the
reviews or these actions be handled by the City Council; there is nothing to indicate that
the BOAA didn't act in conjunction with the authority that the City Council has granted
them for reviewing CUPs.
Mr. Thomson added that, ifit's the sense of the Council, there are some issues
surrounding DROtesting, there's nothing to prevent Council from giving staff direction,
as part of the review process, that in conjunction with the EAC, review the DRO testing
monitoring well to determine whether there's a better way of monitoring. Mr. Thomson
added that the applicant is willing to cooperate with that and that's one way to get to the
DRO monitoring issue and separate that out from the appeal process that's before
Council tonight.
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Cncl. Lehman noted that he made the motion on 2002 that the review come back to
Council but doesn't recall if the motion passed. He stated that he would review his notes.
Cncl. Menden requested staff check their records as well.
, Lehman/Menden motioned to table action for more information on this matter to the
December 20,2005 meeting. Motion carried 4-1. Cncl. Joos dissented.
LehmanlMenden moved to recess for 10 minutes at 9:08 p.m. Motion carried 5-0.
Mayor Schmitt reconvened the meeting of the Council of the City of Shakopee at 9 :21
p.m.
MendenlHelkamp moved to authorize the appropriate City officials to execute the
electrical inspections contract with Terry Krominga for the years 2006 and 2007.
(Motion carried under the Consent Agenda.)
MendenlHelkamp moved to authorize staff to utilize.the re-purchase agreement with
Lano Equipment, Inc. on the 2005 S-185 arid S-300 Bobcats for the price of$7,929.35
with the funds to.be expended from the Internal Service Equipment Fund. (Motion
carried under the Consent Agenda.)
MendenlHelkamp moved to declare surplus firearms as surplus property and authorize
staff to appropriate dispose of these items. (Motion carried under the Consent Agenda.)
(CC Document No. 393)
MendenlHelkamp moved to declare the 1998 SubaruLegacy, VIN:
4S3BD6755W6211279, and 1989 Ford Truck, VIN: IFTEF14N4KPA48997 as sUrplus
property. (Motion carried under the Consent Agenda.)
Menden/Helkamp moved to declare the following items as surplus property: ten M-70
military gas masks, eight helmets, eight Mag-Lite.flashlights, two duffle bags and 15
miscellaneous pieces of web gear. (Motion carried under the Consent Agenda.)
MendenlHelkampmoved to direct the appropriate City officials to sign the contracts
necessary to purchase one medium rescue vehicle from General Safety/Rosenbauer in the
amount of $294,861.00. (Motion carried under the Consent Agenda.)
MendenlHelkamp moved to accept the resignation of Sarah Snell from the Parks and
Recreation Advisory Board and authorize the advertising for the vacancy. (Motion
carried under the Consent Agenda.)
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Menden/Helkamp offered Resolution No. 6338, A Resolution Adopting the 2006 pay
Schedules for the Officers and Non-Union Employees of the City of Shakopee, and
moved its adoption. (Motion carried Ulider the Consent Agenda.)
MendenlHelkamp moved to authorize the City Clerk to issue tobacco licenses for 2006.
(Motion carried under the Consent Agenda.)
MendenlHelkamp offered Resolution No. 6335, A Resolution of the City or Shakopee,
Minnesota, Approving the Premises Permit for Eagles Aerie 4120, and moved its
adoption. (Motion carried under the Consent Agenda.)
Mayor Schmitt requested that Item 15.F.3. be deleted from the Consent Agenda because
the information on the front of the page didn't tie to the information on the back of the
page. Finance Director Gregg V oxland distributed a new set ofitems.
Joos/Helkamp offered Resolution No. 6337, A Resolution Amending Resolution No.
6162, A Resolution Adopting the 2005 Budget, and moved its adoption. Motion carried
5-0.
MendenlHelkamp moved to acknowledge receipt ofthe "Waiver and Admission of
Violation" from Saba Entertainment, LLC,911 East First Avenue, for the sale of alcohol
to a minor and impose a penalty for the first violation in the amount of$I,OOO and a
suspension of the license for one day and suspend $500 of the fine and the one day
suspension for one year on the condition thatthe licensee has no further incidents of
furnishing or selling alcoholic beverages to a minor during that one-year period. (Motion
carried under the Consent Agenda.)
Mark McNeill addressed Council with a request from the President of Superior Supply,
Bill Cherne, to transfer a 2.68 acre remnant parcel in the Highway169 right of way. Mr.
McNeill indicated that, for practical purposes, the only property who could use this parcel
is Superior Supply. They've made theirrequest to l\1nDOTto purchase and, per
MnDOT's policy, it was first offered to the City who could then pass that through to
Superior Supply. The price would be determined by independent appraiser. MnDOT and
Superior Supply would make that arrangement. For the City's purposes it allows an
otherwise unused piece of property to be put back on tax rolls. From a financial aspect,
out of pocket expenses have been agreed to be reimbursed by Superior Supply.
MendenlHelkamp moved to authorize the appropriate City officials to sign the term sheet
provided by Superior Supply, relating to the transfer of a 2.68 acre parcel of property
located on the east side of Stagecoach Road, and north of U.S. 169. Motion carried 5-0.
As part of the truth in taxation follow-up, Gregg Voxland, Finance Director, distributed
updated information with 2005 projections through the end ofthe year. Mr. Voxland
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reviewed what was listed in the City's books as of the previous Friday along with an
estimate of what the activity would be for the month of December based on the history of
the last three years. It shows a positive increase in fund balance of $1.1 million dollars.
Mayor Schmitt asked if it would it be appropriate to. set an appropriate reserve or fund in
keeping with any anticipated negotiations. (related to the BATC law suit). Mr. Voxland
answered that staff would do that as soon as the Springstead study is done. In the
meantime, the number wouldjust roll into fund balance and the way the negotiations are
headed, it would be designated as part of that fund balance.
Mr. Voxland proceeded to review information requested from the previous evening's
meeting resulting ina potential reduction of $378,900 in the 2006 budget.
Cncl. Lehman asked what Mr. V oxland would think about decreasing the tax levy by
$350,000, allocating $13,000 to increase the firefighters' wages and keeping $16,000 in
'.thegeneral fund; Mr. Voxland'answered that Council could do that if they so chose.
Cncl. . Helkamp thanked Mr. V oxland for his hard work in a short period of time.
Helkamp/Joos moved to direct staff to accept Mr. Voxland's current proposal as written
and reduce the tax levy by $378,900.
Cnc1. Menden stated that he would prefer to leave the money in reserve; afraid that there
could be a loss from the state this year. The tax levy could still be reduced from the 2007
budget.
Mayor Schmitt answered that none of state money has been budgeted for this year.
Cncl. Lehman noted that the City has money they didn't intend to have and.that he would
go along with lowering the tax levy. He then asked if Council wanted to do something
with the firefighters' pay. And, does Council want to lower the levy by the full amount?
As to Cncl. Menden's concern he asked if the projected under spend is already taken into
consideration.
encl. Helkamp added that the City has a significant amount of under spend rolling to next
years' budget ($1.1 M). Council could look at taking the roll over and reducing the levy
even more.
Mayor Schmitt added that he would be comfortable going back to last year's tax base
(31.115); to have a reasonable reserve is not out of line. Mr. Voxlandnoted that 40-45%
is Council's target. Mayor Schmitt stated that he would rather be at the top ofthe 45%
range which is probably more conservative than Council.
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Cncl. Lehman called the question. Mayor Schmitt asked for a vote to limit the debate.
Motion carried 5-0.
Mayor Schmitt then asked for a vote on the main motion. All those in favor of a
reduction in the tax levy from 32.117 to 30.922 were asked to signal in the usual manner.
Motion carried 3-2 with Cncl. Menden and Mayor Schmitt dissenting.
Mr. Voxland stated that there were few options deleted from.the budget improvement
options 2005. Included in the budget hearing held last night was $770,045 in budget
improvement options. It was a consensus of Council members to leave the $770,045
budget improvement options as they stand.
Mark McNeill addressed Council regarding a renewed effort by the Mdewimkanton
Sioux Community to place into trust status some 760 acres. It's apparent that there's a
need for a face to face meeting with the land executives at the Bureau of Indian Affairs in
Washington, DC. .Mr. McNeill recommended that Mayor Schmitt and R. Michael Leek
represent Shakopee. Because of the late date, air fare cost would need to be adjusted to
whatever a round trip coach air fare cost would be.
Lehman/Menden offered Resolution 6339, A Resolution Authorizing Mayor John Schmit
to Travel to Washington, D.C.and moved it's adoption, to represent the City, flying
coach, with a cost to be determined as appropriate by staff. Motion carried 4-0. Mayor
Schmitt abstained.
Mark McNeill addressed Council regarding a post retirement health care savings plan for
the police sergeant group. This is something that they can negotiate. At the time of
negotiations, it was not added as an issue for the police sergeant's group. Mr. McNeill
would like this adopted so that it will be incorporated into their contract and in affect as
of January 1,2006. They, as a separate group, can negotiate what they would like to
have as specifics on this; it's revenue neutral for the City. The only difference is the first
item in the chart which shows percentage of payroll contribution. With the non-contract
personnel, there are four different types of criteria depending on how long they've been
there. The police sergeants have determined that they want to have four but at different
rates of percentages. These are their out-of-pocket contributions so there's no impact to
the City.
Joos/Helkamp moved to approve the addendum to the Police Sergeants Labor Agreement
Article XXVI, Post Retirement Health Care Savings Plan (HCSP) Contribution Schedule
for Police Sergeant Group, as presented. Motion carried 5-0. (CC Document No. 394)
Official Proceedings of the December 6, 2005
Shakopee City Council Page -13- ,
encl. Helkamp noticed the heating bill for the ice arena in the list of bills presented. He
would like staff to review the possibly of enacting an energy policy as a City to dictate
what the temperatures should be set at inthe City buildings. Cncl. Helkamp asked if the
heat was on only when there are spectators. Mr. McNeill stated that he will double
check.
MendenlHelkampmoved to recess the meeting for an executive session to discuss police
patrol and public works contracts. Motion carried 5-0 and the meeting was recessed at
10:02 p.m.
Mayor Schmitt re-convened the meeting at 10:52 p.m. He stated that no action was taken
in the executive session.
LehmanlJoos moved to adjourn the meeting to Tuesday, December 20,2005 at 7:00 p.m.
Motion carried 5-0. The meeting was adjourned at 10:52 p.m.
~~x~. ~
ity Clerk .
Andrea Bortness
Recording. Secretary
'"', ..
-I
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
SPECIAL SESSION SHAKOPEE,MINNESOTA DECEMBER 20,2005
Mayor John 1. Schmitt called the meeting to order at 6:05 p.m. with Council members Joe
Helkamp, Terry Joos and Steve Menden present, Councilor Lehman absent. Also present
were Mark McNeill, City Administrator; Judith S. Cox, City Clerk, and Mark Themig,
Parks, Recreation and Facilities Director; and Brad Eller, Recreation Supervisor.
The purpose of the meeting was to conduct a joint work session with the Accessibility
Task Force.
Mayor Schmitt asked if there were any changes to the agenda. There being none, a vote
was taken and the agenda was approy~g+.O.
Brad Eller, Recreation Supervisor, Shakopee Parks & Recreation addressed the group.
Mr. Eller stated that he had been working on the accessibility project for the past year.
He stated that in 2094 a resident requested accessibility to a soccer field. At that point
the City realized that they did not have an ADA evaluation on record. Council authorized
JQP, Inc. to conduct an evaluation. In the Fall of2004, Council reviewed and accepted
the plan. Based on the evaluation, Council directed staff to make Priority I corrections.in
2005. Council also recommended that a citizen task force be assembled.
Mr. Eller introduced two of the 18 members of the task force who were present. They
were Carla Kress and Mark Brown.
Mr. Brown addressed the group. He indicated that he is a life-long resident of the City
and has a 13 year old son with a disability. His son, Nick, is also a member of the task
force as is his wife Audrey. He mentioned a few of the barriers he encountered while on
a recent field trip with his son.
Ms. Kress introduced herself to the group. She stated that she is a Therapeutic
Recreation Specialist for the City of Eden Prairie and is.a resident of Shako pee. She
indicated that she is supportive of the project and has been doing inclusion work for over
15 years.
Mr. Brown approached the podium and reviewed barriers with relation to City facilities.
He also reviewed programs and services, policies, procedures and practices. He stated
thatthe citizen task force was established in December 2004 with 18 members who
include parents, students, teachers, professionals and community leaders. He added that
there are monthly meetings and the task force has toured various City facilities and
recommended changes. Some of the facilities toured included the Hiawatha Park Shelter,
the ~ommunity Center, the Library, City Hall, the Police Department and Fire Station 51.
T .
Official Proceedings of the December 20,2005
Shakopee City Council Page -2-
Ms. Kress addressed the group. She noted that out of 5,400 children in school, there are
691 that require special services via an Individual Evaluation Plan (IEP) and that number
IS rIsmg.
The proposed 2006 work plan would include assessments, communications, training and
~taffing/resources. A search for an accessibility coordinator is being conducted now by
Mark Themig.
Mr. Themig stated that the task force would like to work in collaboration with the school
board. Funding is available to provide a one-fourth to one-half time staff member. There
has been money allocated in the 2006 budget for this role.
Mr. Brown stated that the future role of the accessibility task force would be to continue
to meet on a quarterly basis, monitor and make recommendations, review accessibility
programs', assist in training staff, facilitate training for staff, parents and public, and
work with. city staff to accomplish goals.
The action the task force is requesting atthis evening's meeting is to decide whether or
not they should continue to meet, make recommendations regarding plan updates, review
on proposed work plan, and provide additional direction,.
Mr. Brown thanked the City for taking the steps to move forward in accessibility.
Cncl. Mend~m asked what is meant by the term "reasonable accommodation". Ms. Kress
answered that, according to ADA, when somebody wants to be included, the City would
be required to provide most reasonable accommodations as long as it doesn't create a
. hardship for the City.
Cncl. Menden clarified that when the term reasonable accommodation is used, it doesn't
necessarily equate to dollars. Ms. Kress confirmed that statement was correct.
Cncl. Joos commented that he thinks it's great to mainstream citizens and is glad to be a
part of it.
Cncl. Helkamp added that he likes it when a community can work together to better their
community. He noted that the task force members have skills the rest of us don't. He
noted that he approves of the work plan and feels that quarterly meetings would be
sufficient. He commented that a one-fourth to one-half time position would be
appropriate for the needs of the City.
Mr. Themig indicated a need for Council action for the task force.
, '<
Official Proceedings of the December 20, 2005
Shakopee City Council Page -3-
Helkamp/Joos moved to reauthorize the existence of the Accessibility Task Force (ATF)
and that they meet as they deem necessary but at least quarterly. Motion carried 4-0.
Cncl. Menden requested that the ATF provide Council with periodic summaries of what
they are working on.
Cncl. Joos requested that Council be informed of all projects being conducted by the
ATF.
Mr. Themig thanked the ATF for their work and added that he is looking forward to
working with them in the future.
Marilyn Lang spoke to encourage the downtown business area to shovel their walkways
and parking areas better. She added that people with crutches and canes have a terrible
time. She also adcLed that downtown businesses should throw salt or sand on handicap
parking stalls because they're used less than other areas.
Cnd Joos noted that people don't realize what a hardship is like.
MendenlHelkamp moved to adjourn the meeting. Motion carried 4-0 and the meeting
was adjourned at 6:52 p.m.
~dl*
"th S. Cox
City Clerk
Andrea Bortness
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SfUU<OPEE,NITNNESOTA DECEMBER 20, 200S
Mayor John J Schmitt called the meeting to order at 7:03 p.m. with Council members Joe
Helkamp, Terry Joos, Steve Menden and Matt Lehman present. Also present were Mark
McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community
Development Director; Bruce Loney, Public Works Director/City Engineer; Mark Themig,
Parks, Recreation and Facilities Director; Kris Wilson, Assistant to the City Administrator; Jim
Thomson, City Attorney; and Dan Hughes, Chief of Police.
The Pledge of Allegiance was recited.
Mayor Schmitt asked ifthere were any changes to the agenda. MarkMcNeill, City
Administrator, proposed the addition ofItem 15.F.I0, A Resolution Authorizing The Finance
Director to Sign Employee Flexible Spending Account Reimbursement Checks and the deletion
ofItem IS.D.3, Denial of Petition from Tollefson Development For Annexation of45 Acres
Located in Jackson Township.
Helkamp/Menden moved to approve the modified agenda. Motion carried 5-0.
Mayor Schmitt then presented his report. He stated that last Thursday and Friday he and Mr.
Leek along with Dave Unmacht and Barbara Marschall were in Washington DC to attend a
meeting with legislative representatives Congressman Kline and Mr. Coleman. legal council,
James Kason, The Under Secretary ofthe Interior. With Mr. Kason was the Director of the
Bureau of Indian Affairs (RIA) as well as well as several staff members. The purpose of the
meeting was to go over the City's application challenging the Fee To Trust application by the
Shakopee Mdewankanton Sioux Community (SMSC). No resolutions were made; all the
information was taken under advisement. An application had been submitted by the City to
extend the comment period at least through January 4th.
Mr. Leek was in agreement with Mayor Schmitt's synopsis and added that the reception by staff
at Mr. Coleman's office was warmer and more open than in Mr. Kline's office. Mr. Leek felt
that it was a positive meeting.
Mayor Schmitt then asked for changes to the Consent Agenda. Mayor Schmitt noted that there
was an amendment to the consent agenda.
Cncl. Helkamp stated that he would like to add Item IS.F.I0, Resolution No. 6341, A Resolution
Authorizing The Finance Director to Sign Employee Flexible Spending Account Reimbursement
Checks, Item 14.C, Natural Resource Corridor Map, and Item IS.A.I, Public Works Buildings
Security System to the Consent Agenda.
Helkamp/Menden moved to approve the Consent Agenda as amended. Mr. McNeill read the
consent business for the record. Motion carried 5-0.
Official Proceedings of the December 20, 2005
Shakopee City Council Page -2-
Mayor Schmitt asked ifthere was anybody in the audience who wished to be recognized by
Council.
Mike Luce, resident of the City, approached to podium to ask about the City's policy concerning
snowbird Citations he had received. Mr. Luce stated that he had conversations with Cncl.
Menden who, according to what was told him by the Chief of Police, informed Mr. Luce that
once a citation is issued it cannot be taken back. Mr. Luce asked Council whether or not that
was a true statement. Mr. Luce asked Mayor Schmitt what he would do with a staff member
who gives false or misleading answers to Council members.
Mayor Schmitt deferred to Jim Thomson, City Attorney, for advice on what would happen with a
citation once it's been issued.
Mr. Thomson stated that once a citation is issued it becomes part of the court system. The
alleged violator can go through the prosecutor for negotiations. Once a citation has been issued,
it's in the prosecutors' hands not in the police officers'.
Cncl. Lehman stated that it was his understanding that Council can rescind a citation but doesn't
because it's not been their practice.
Mr. Thomson repeated that once a citation is filed, it's the prosecutors' decision whether or not
to drop the item; the decision isn't made by staff If there is an issue where the citation is
wrongfully issued, the prosecutor can chose not to prosecute the case.
Helkamp/Menden moved to approve the minutes of the November 1, 2005 and November 15,
2005 meetings. (Motion carried under the Consent Agenda.)
Helkamp/Menden moved to approve bills in the amount of$I,257,678.30 plus $145,691.54 for
refunds, returns and pass through for a total of$I,403,369.84. (Motion carried under the
Consent Agenda.)
Helkamp/Menden moved to open a public hearing to discuss the 2005/06 Tax Levy and Budget
at 7:18 p.m. Motion carried 5-0.
Gregg V oxland, Finance Director, approached the podium and explained that this is a follow~up
to the truth and taxation workshop which was held on December 5,2005. Mr. Voxland stated
that the operating budget process began last June. After worksheets were distributed to the
various departments of the City, there were several meetings. He stated that a hearing was held
anticipating a net tax levy of$lOM which would result in a 6.6% increase per household.
Council had since decided to reduce the tax levy by $379.000 which would yield a rate of
30.922.
.
Official Proceedings of the December 20, 2005
Shakopee City Council Page -3-
Cncl. Helkamp noted that the Telecommunications budget hasn't been approved yet. Cncl.
Helkamp asked if that budget would need to be approved prior to taking action on the resolution
before Council at this meeting. Mr. Voxland answered that the budget can be amended at any
time subsequent to its adoption. The only item that cannot be changed is the tax levy.
Mayor Schmitt asked ifthere was anybody present wishing to be heard by Council.
Joos/Helcamp moved to close the public hearing at 7:22 p.m. Motion carried 5-0.
MendenlLehman offered Resolution No. 6342, A Resolution Setting the 2005 Tax Levy,
Collectable in 2006, and moved its adoption. Motion carried 5-0.
Lehman/Helkamp offered Resolution No. 6343, A Resolution Adopting the 2006 Budget, and
moved its adoption. Motion carried 5-0.
Mayor Schmitt then asked for Liaison Reports.
Cncl. Helkamp attended a Chamber of Commerce Board meeting. He noted that the Chamber
was excited to hear about monument entrance signs.
Cncl. Lehman asked if the Chamber of Commerce is still looking for new space.
Cncl. Helkamp answered that they were looking at renting vacant office space within the City
but it was expensive. Cncl. Helkamp indicated that he would prefer them in the transit building
as the Chamber would have staff there all day long to keep map racks full and to keep an eye on
maintenance issues which may occur at the building.
Cncl. Joos stated that there was nota SPUC meeting.
Cne!. Menden attended an EAC meeting where the Natural Resources Corridor Map was
approved. He complimented the EAC for the amount of work that was done. Cncl. Menden
added that he and Cncl. Lehman had received an invitation from the Superintendent of Schools,
Jon McBroom, to represent the City at School Board meetings and assist with site selection.
Both Cncls. Menden and Lehman indicated they would like to continue in that role.
Cncl. Lehman attended a Park Board meeting. No actions were taken as there was no quorum; it
was an informational meeting only. Cnd. Lehman stated thatthere are plans for a 10-year
anniversary gathering for the Community Center. He asked Council for ideas on how to get
appointed and elected people involved in the planning.
Mark McNeill presented the final form of the large scale findings ofthe Shakopee Visioning
Initiative. Mr. McNeill indicated that this process started in May 2004 when Anne Carroll was
hired to facilitate the study which would be the guide the City's direction overthe next 20 years.
Official Proceedings of the December 20, 2005
Shakopee City Council Page -4-
There have been a number of community and stakeholder meetings. In addition, a 15 member
steering committee was formed in December 2004. On November 14, 2005, the Steering
Committee presented their findings to Council. Council had also received compact discs
containing the project summary as well as attachments containing supplemental information that
was part of the entire process.
Through a series of Steering Committee meetings five goals were identified: active and healthy
community, high quality of life, great place for kids to grow up, vibrant, resilient and stable and
financially strong.
In addition, eleven strategies to obtain the goals were identified: increase the use of park and
recreation, enhance physical, mental and spiritual health, protect the environment, improve
individual financial health, foster community connections, provide high quality services, make
community welcoming, make downtown and riverfront inviting, strengthen small town feel,
ensure City's fiscal health, ensure range of housing.
Mr. McNeill stated that further on this evening's agenda is the opportunity for Council to take a
first step to talk about how the visioning strategy would be implemented. He added that the
Visioning Strategy would be something that Council would look at each time they made a
decision.
Helkamp/Joos moved to adopt the recommendations of the Steering Committee ofthe Shakopee
Strategic Visioning initiative and adopt the recommended Vision Statement, and the five Goals
and eleven Strategies. Motion carried 4-1. Lehman dissented.
Cnc1. Menden noted that the City couldn't get to this point fast enough and he's glad it's here.
He added that Cncl. Joos had a bigger role in the Visioning Strategy than he but he's happy
there's a document like this in front of them. Cncl. Menden offered his thanks to all who
participated.
R. Michael Leek, Community Development Director, approached the podium to discuss the
application of Ryan Companies for the preliminary and final plat of Dean Lakes Fifth Addition
and the amendment to Dean Lakes planned unit development (PUD). The property is located
south of Highway 169, east ofCSAH 83 and north of Dean Lakes Boulevard. The PUD
addresses the requests for parking setback variations and to allow lots without street frontage.
Mr. Leek noted that the Planning Commission held a public hearing on this request which was
continued to discuss a couple of items, specifically, providing an additional outlot conservation
area and a requested setback variation from the parking. setback alolf Cornflower Lake. After
discussion at the last Planning Commission meeting on December 8 , the Planning Commission
did recommend to Council the approval of the preliminary and final plat and amended PUD with
variations. Mr. Leekhighlighted a few of the variations for Council.
Official Proceedings of the December 20, 2005
Shakopee City Council Page -5-
The discussion at Planning Commission was that the lending institutions that are involved in the
property that was sought to be put into a conservation outlot are unable to release the properties
for that purpose. The accommodation that the Planning Commission has recommended is to
place a conservation easement over that area.
A variation was also approved by the Planning Commission to allow a front parking setback of
15' for Lots 1,2,3,4 in Block 2 subject to the condition that the applicant provide a rear yard
parking setback of30' for Lots 1-6 in Block 2. A variation would be made to allow a side
parking setback of 0' for shared lot lines of Lots 1-5 in Block 1 and shared lot lines of Lots 1-7
in Block 2 with the final plans to be reviewed by the Building Department to ensure that shared
drive aisles, joint parking facilities or truck ports are present to allow for the aforementioned
variation prior to the issuance of building permits.
Mayor Schmitt clarified that Items N, 0 and P be incorporated into the document before Council.
Mr. Leek confirmed and added that the Planning Commission did recommend the proposed
preliminary and final plat and the PUD amendment with a vote of 4-1.
Cncl. Lehman stated that it would be more appropriate to have the complete, accurate and full
resolution before Council prior to voting.
Mr. Leek stated he understoodCncl. Lehman's statement and offered his apology. If there is a
problem with the resolution, Council has the option of continuing the item to allow for further
reVIew.
Cncl. Helkamp asked to look at maps again and review item by item. Mr. Leek reviewed each
item (N, 0, P) with the map on the screen.
Cncl. Lehman asked what the benefit would be of having 15' front on the four lots and
increasing the rear and that the opposite be true. Mr. Leek suggested asking that of the applicant.
Cncl Joosasked if the two outstanding issues had been taken care of Mr. Leek answered that
they had been to the Planning Commission's satisfaction at their December 8th meeting. He
added that the vote was 4-1.
Cncl. Menden noted that the buildings are identified office/warehouse and asked how a truck
could get in. Mr. Leek answered that the Planning Commission didn't address that issue and
suggested that the applicant answer the question.
Mark Schoening from Ryan Companies addressed Council. He stated that Ryan Companies had
been working on Dean Lakes for about three years and that several issues had been worked on
with City staff prior to the onset. Mr. Schoening added that Ryan Companies is in agreement
with the resolution in front of Council.
Official Proceedings of the December 20,2005
Shakopee City Council Page -6-
Helkamp/Joos offered Resolution No. 6345, A Resolution to Approve the Preliminary and Final
Plat for Dean Lakes 5th Addition and an Amendment to Dean Lakes Planned Unit Development
(PUD), for property located south of Highway 169, eastofCSAH 83 and north of Dean Lakes
Boulevard, and moved its adoption, including paragraphs N. O. and P. Motion carried 5-0.
Helkamp/Menden moved to approve the revised Natural Resource Corridor Map. and moved to
authorize the Natural Resource Corridor Map in the Natural Resources Plan component of the
City's 2004 Comprehensive Plan Update. (Motion carried under the Consent Agenda.)
Kris Wilson, Assistant to the City Administrator, addressed Council. Ms. Wilson stated she had
a recommendation from the Telecommunications Advisory Commission (T AC). They are
recommending that the Council rescind it's approval of a previous recommendation. In
September Council had approved the T AC to proceed with a feasibility study of wireless
broadband services to Shakopee which would have been done by Bradley & Guzzetta at a cost
not to exceed $22,000. As of this date, work has totaled less than $500. The TAC has
reconsidered their initial recommendation and continued to follow the rapidly developing news
from other cities approach to this issue. The T AC recommended proceeding with a survey of
residents and business. As an example, Ms. Wilson included a sample survey done by the City
of St. Louis Park. The T AC' s second recommendation, due to the change, is that the budget be
adjusted. The TAC would like the $22,500 budgeted in 2005 be carried forward and the $50,000
budgeted in 2006 be reduced to $5,000.
Cncl. Helkamp commended the recommendation of the TAC.
Helkamp/Joos moved to rescind its authorization of a feasibility study of wireless broadband
services, to have been performed by Bradley and Guzzetta, and to authorize the balance of the
$22,500 allocated for this study be carried over to 2006, and to allow payment of the work done
not to exceed $500.00 Motion carried 5-0.
Helkamp/Menden moved for a five minute recess the meeting at 8:41 p.m. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 8:55 p.m.
Andrea Weber, Parks and Recreation Landscape Designer, presented a plan to Council for the
proposed schematic design for Tahpah Park. Ms. Weber stated that Tahpah Park was purchased
and constructed in several phases starting in 1971 with initial purchase of 40 acres. She added
that there are currently 54 acres in the park and noted that many organizations have contributed
to the park which is the City's primary softball and baseball fields.
Ms. Weber stated that the ball fields range from 260' to 275'; the ASA standard is now 300'.
Two fields have lighting as well as football stadium; seven fields are unlit. There are also
grading problems in that there is ponding and erosion in a number of areas. In addition, parking
is occurring where it's not pe~igned to occur. Another issue is the safety of pedestrians; cars are
Official Proceedings of the December 20, 2005
Shakopee City Council Page -7.,
driving too fast. Ms. Weber noted that playground equipment was removed in 2004 due to safety
standards. At user group design committee meetings a wish list was developed. Ms. Weber
reviewed the list with Council, identifying issues with each field.
Ms. Weber indicated that the committee had sent RFP's to five companies for play equipment
which were divided into two playground areas: one for $35,000 and another for $40,000.
Parking improvements were part of the feasibility study prepared by Bonestroo, Rosene,
Anderlik & Associates. The feasibility study indicated that there will be 278 parking spaces.
Staff is not asking to approve the feasibility for the parking lot at this time.
Ms. Weber indicated that all work including the northern alternate parking would be included in
quantities that would be bid upon. She added that quantities can be reduced at any point prior to
working commencing.
Mark Themig, Director of Parks and Recreation, noted that. $1. 5M was above the bonding needs.
Bruce Loney clarified that when a bond is done for a project, 20% of the bond is required to be
assessed. Based on the numbers available at this point, the City can generate an additional
$1.5M in bonding capacity and still meet the 20% bonding threshold.
Cncl. Joos stated his concern that the City will hit the threshold that would require a retention
pond as parking is expanded. He asked if it would be better to have the additional parking now
and add the retention pond and work around it rather than needing future parking and not having
a place for the retention pond.
Ms. Weber answered that if a smaller parking lot is added at a later date, it's separate and would
be a separate entity for the retention pond requirement.
encl. Helkamp expressed concern that the southern parking lot would create a conflict between
pedestrians and vehicles at the entrance to the stadium. He asked what the tax impacts would be
if the City bonded for this.
Mr. Themig answered that the bond is a 10-year bond so roughly $93,000 per year plus whatever
interested is calculated.
Cncl. Helkamp asked how the bond is being proposed to be paid back. Mr. .Themig answered
through a tax levy.
Mayor Schmitt noted that the south parking lot is not conflicting with the entrance. The entrance
is on the third base line and. a speed bump is being proposed. He added that the north parking lot
will help greatly. Mayor Schmitt stated that there will come a time when the south parking lot
will need to b~ done so it'$ better to do it now. He continued to.say that the expansion offields
'- . J
Official Proceedings of the December 20, 2005
Shakopee City Council Page -8-
is critical to softball programs because the City's fields no longer qualify for ASA. The weekend
tournaments create a huge amount of revenue for the City.
Helkamp/Joos moved to approve the schematic design for Tahpah Park redevelopment and
authorize preparation of plans and specifications. Motion carried 5-0.
Helkamp/Menden authorized staff to contract with Trans-Alarm, Inc. for the installation of card
readers for the price of$17,047.89 with $13,867.75 being paid for out ofthe Public Works
building budget and $3,180.14 being paid for out of the I.T. operating budget. (Motion carried
under the Consent Agenda.)
Helkamp/Menden moved to authorize the appropriate City officials to enter into the2006 Joint
Powers Agreement between Southwest Metro Drug Task Force and the City of Shakopee Police
Department and authorize the expenditure of$8,400.00. (Motion carried under the Consent
Agenda. )
Helkamp/Menden offered Resolution No. 6340, which authorizes the appropriate City staff to
enter into the grant agreement with the Minnesota Department of Public Safety, Division of
Homeland Security and Emergency Management for the project entitled Buffer Zone Protection
Program during the period from July. 1, 2006 to March 31, 2006 for the amount awarded by the
Department of Public Safety, Office of Traffic Safety, and moved its adoption. (Motioncarried
under the Consent Agenda.)
Helkamp/Menden moved to ratify the election of the officers listed below of the Shakopee Fire
Department for 2006-2007.
Ed Schwaesdall Fire Chief
Rick Coleman First Assistant Fire Chief
Al Geis Second Assistant Fire Chief
Dave Judd Training Officer/Captain 1
Jake Theisen Captain 2
Marty Glynn Captain 3
Lino Baden Captain 4
Eric Bender Captain 5
Ryan Yttreness Captain 6
Scott Blom Engineer
Bob Gieseke First Assistant Engineer
Terry Stang Second Assistant Engineer
(Motion carried under the Consent Agenda.)
Helkamp/Menden moved to authorize a two-year agreement with the Shakopee Hockey
Association for ?Iena adverti~ing. (Motion carried under the Consent Agenda.)
Official Proceedings of the December 20, 2005
Shakopee City Council Page -9-
Helkamp/Menden moved to authorize one-year contract extensions with Midwest Coca-Cola and
Midwest Vending for providing beverage and snack vending. (Motion carried under the Consent
Agenda.)
Helkamp/Menden offered Resolution No. 6347, A Resolution Authorizing the Sale of Certain.
Real Property to Scott County, and moved its adoption. (Motion carried under the Consent
'Agenda. )
R. Michael Leek addressed the Council regarding Beverly Koehnen's appeal of the Board of
Adjustment and Appeals' approval of the renewal ofa conditional use permit for Shakopee
Gravel, Inc. He stated that he had listened to the council meeting tapes and reviewed the minutes
in 2002. He said that Cncl. Lehman was correct in that noting that Councilor Sweeney and
Councilor Lehman had conversations, about the council reviewing the renewal, but that there
was no official action taken that required Shakopee Gravel to come before Council for the
renewal of their CUP.
encl. Lehman stated that April 16, 2002 was the meeting at which all of the council members
said that they wanted it to come back to them. He noted that it was his understanding that the 3-
year renewal would come back, but not the annual review.
Mr. Leek noted that the Conditional Use Permit (CUP) was denied in 1980's by Council and
there was an appeal in the MN Court of Appeals which directed the city to issue the CUP. The
Resolution, No. 376, adopted in 1988 states specifically that the aforementioned CUP be issued
and is hereby granted subject to annual review and renewal every three years.
Mr. Leek stated that in the early 1990's the renewals were handled by the Planning Commission
prior to the Planning Commission being divided into the Planning Commission and the Board of
Adjustments and Appeals (BOAA). Since then, the practice had been that subsequent renewals
were approved by the City's BOAA.
Cncl. Lehman stated that the conclusion he had reached from reviewing the tapes was that both
Councils were under the impression that they would come back before them in 2005 for their 3-
year renewal.
Cncl. Helkamp noted that if Council would like the right to renew, this particular renewal has
eliminated the renewal process. By doing this, the Council doesn't have the option of renewing
any more.
Jim Thomson, City Attorney, stated that Cncl. Lehman's interpretation is correct in that.the CUP
is subject to a 3-year renewal as agreed upon. Mr. Thomson indicated that the applicant's
attorney had contacted him to object to the condition of the 3-year renewal of the CUP in that
State law does not allow CUP's to be renewed because they run with the land and thus are
perpetual. Mr, Thomson'~ position to the applicant's attorney is that the applicant submitted an
Official Proceedings of the December 20, 2005
Shakopee City Council Page -10-
application, it submitted a renewal application and it consented to the renewal provision. Mr.
Thomson continued to say that presently the applicant is not willing to accept that condition, they
have made that known and, at this point, he would advise the City Council and the BOAA that
they don't have the authority to include that condition because State law doesn't allow the
renewal of CUP unless the applicant consents to it.
Mayor Schmitt clarified that the CUP goes with the land and the only time a CUP would be
revoked would be if it's out of compliance.
Cncl. Menden noted that if it was the intent of a previous council that the CUP be renewed on a
3-year basis he would like to honor the wish but doesn't know how since there wasn't a motion.
encl. Joos stated that Council hadn't addressed the BOAA appeal. He suggested that Council
answer the two questions that the appeal was based on and move forward. It was the opinion of
Cncl. Joos that the discussions this evening strayed from deciding the appeal.
Jack Perry, attorney for the applicant, addressed Council. Mr. Perry stated that he understands
that Council is trying to get the issue resolved correctly. He added that he didn't care who
reviewed the CUP. Mr. Perry stated that this was his third night before Council and that it was
gettingvery expensive for Mr. Notermann and Mr. Busch and Mr. Perry added thatif a decision
isn't reached within a 60-day timeframe the CUP would be automatically approved.
Mr. Thomson noted that he was aware ofthe60-day issue and added that the BOAA made their
original decision on November 3rd; and the review timeframe had been met.
Heverly Koehnen addressed Council. She stated that there had been violations of the CUP, and
the DRO (diesel range organics) needs to be addressed, in her opinion.
Mayor Schmitt asked Ms. Koehnen ifshe or anybody else had filed formal written complaints.
Ms. Koehnen responded that the people on the west side of the mining operation were
complaining about the noise but did not know whether they had filed a formal written complaint
to the City.
Cncl. Lehman asked Ms. Koehnen if she had filed any formal written complaints to the City.
She answered that she had not. Ms. Koehnen brought a letter from Mr. Thomson dated March
27,2002 and read excerpts for the record.
Helkamp/Menden moved to table the appeal of the CUP renewal forShakopee Gravel, Inc. to the
January 3,2006 meeting. Motion carried 5-0.
Mr. Leek approached to podium to discuss another appeal of the BOAA. A request was made
for a second sign for Furniture Outlets USA off Highway 169. Furniture Outlets USA indicated
Official Proceedings of the December 20, 2005
Shakopee City Council Page -11-
they have no desire to place a sign on Highway 169. Instead they would like a sign placed on the
second driveway entrance on 12th Avenue. Mr. Leek is requesting that Council provide staff
with direction to prepare a resolution either upholding the BOAA's decision or upholding the
appeal for council action at the January 3rd meeting.
Cncl. Helkamp requested Mr. Leek to define business complex. He felt that the business
complex indicated more than one business on the same lot and feels that the complex is similar
to a strip mall.
Mr. Leek read the City's code to Cncl. Helkamp and indicated that his interpretation is that it
could reasonably be concluded that it could be defined as a business complex.
Mayor Schmitt noted that business complexes, by code, would be allowed one sign per street
frontage.
Mr. Leek indicated that the businesses in question have two street frontages and that would've
been allowed. However, they've requested two free standing signs on one street frontage. The
businesses have requested two signs on 12th Avenue; they would be allowed a second sign on
Highway 169 but prefer the second sign on to be placed on 12th Avenue. The wall signage on
the building is sufficient signage from Highway 169. Mr. Leek added the provision that allows
wall signage on the building wouldn't follow their business plan; they want a sign to direct
people into their driveway.
Cncl. Joos noted that the BOAA did not make an error. He suggested that the applicant could do
something with frontage on Highway 169. Also, he stated that maybe here is a need to fix the
ordinance for these issues.
Mr. Leek stated that encl. Joos made a good point. He added that the Council has heard other
appeals dealing with signage, and amended the code as it relates to wall signs so that signage
allocated to one or more sides would be allowed as long as the total doesn't exceed the total of
what would have been allowed under the code.
Mayor Schmitt asked if the applicant had any comment.
David Bailey, Furniture Outlets USA, indicated that the sign they are requesting would be
proportionate to the existing sign. There are two different addresses and two different
businesses. Mr. Bailey requested that Council approve a sign to be placed on 12th to help
customers locate the other entrance.
Cncl. Helkamp responded that the BOAA did the right thing and there is no error. He added that
what the applicant is asking for is not unreasonable and Council should uphold the BOAA
decision and direct staff to make changes to the existing ordinance. Cncl. Helkamp stated that
it's important for the company to have the twb monument signs.
Official Proceedings of the December 20, 2005
Shakopee City Council Page -12-
Mayor Schmitt stated that the staff report indicates that the monument sign would be located
within the existing utility easement above a sanitary sewer line.
Mr. Bailey answered that the existing sign exists the same way as the new sign would be. He
informed Council thatthe sewer line and power line are very close that the first sign. Mr. Bailey
added that there's already language in place that if it is necessary for the City to do repairs within
the easement, the applicant would be required to pay for removal and/or reconstruction.
Bruce Loney added that the City allowed the original sign to be placed in the easement after the
language was inserted that removal and replacement would be at the applicant's expense if it
were necessary to the City to do any types of repairs within the easement. Mr. Bailey answered
that he was correct.
MendenlLehman moved to uphold the determination oftheBOAA and direct staff to prepare a
resolution for the Council's consent agenda that is consistent with that decision. Motion carried
5-0. (The ROAA denied the application from Furniture Outlet USA, 4250 lih Avenue East for
a sign variance.)
MendenlLehman moved to direct staff to revise the sign ordinance allowing for the possibility of
monumental sign, variations and where they can be located. Motion carried 5-0.
Bruce Loney addressed the Council regarding the feasibility report for the 2006 Street
. Reconstruction Project. He noted that the funding for improvements to Tahpah Park will be tied
to the funding for this project.
Mr. Loney stated that he had a couple of issues that needed Council discussion prior to the
finalization ofthe report. Shakopee Public Utilities is considering assessing for watermain
service improvements. The watermain services are estimated to be about $1,400 per lot. He
expressed concern about higher assessments that could result in assessment appeals.
Mr. Loney showed a map of the area and identified the streets included in the project. He noted
that there are a number of sidewalk sections that do not lead anywhere. He provided a history on
sidewalks and asked for direction from Council on where to replace and/or install sidewalks so
that he could finish the report and then get the public involved. Currently the policy is for the
City to install sidewalks on collector streets and maintain them. On local streets, sidewalks are
assessed 25% and are maintained by the homeowner. Discussion followed.
Consensus of Council members was to: A) keep the sidewalk north of 4th Avenue between Scott
and Apgar, B) remove the partial sidewalk on the north side of 4th Avenue between Apgar Street
and Shumway Street, C) remove the sidewalk north of 4th Avenue between Shumway Street and
Pierce Street, D) keep the sidewalk on the south side of 5th Avenue between Pierce Street and
Clay Street, D 1) remove the partial sidewalk north of 5th Avenue between Clay Street and Cass
Official Proceedings of the December 20, 2005
Shakopee City Council Page -13-
Street, D2) complete the sidewalk on the south side of 5th Avenue between Clay Street and Cass
Street, D3) complete the sidewalk on the south side of 5th A venue between Apgar Street and
Shumway Street.
Staffwas.directed to complete the sidewalk on the south side of 6th Avenue and to review
whether or not to complete the sidewalk on the north side of 6th A venue and to report back to
City Council.
JooslLehmanmoved to extend the meeting to 11:15 p.rn. Motion carried 5-0.
After discussions with Council, Mr. Loney stated that he had enough direction to finish the
reports.
Helkamp/Menden moved to promote Mark Noble from the position of Planner I to Planner II at
pay Grade 8, Step E ($56,114) effective January 1, 2006 subject to a one-year probationary
period. (Motion carried under the Consent Agenda.)
Helkamp/Menden moved to accept the resignation of Mark Wandersee from the Shakopee Fire
Department. (Motion carried under the Consent Agenda.)
Helkamp/Menden moved to accept the resignation of Spencer Wong and authorize the Shakopee
Police Civil Service Commission to continue the testing process to fill the vacant police officer
position. (Motion carried under the Consent Agenda.)
Helkamp/Menden moved to accept, with regret, the resignation of Ray Ruuska as Project
Coordinator effective January 4,2006. (Motion carried under the Consent Agenda.)
Helkamp/Menden moved to authorize the hiring of probationary police officer Karen Johnson at
Step 1 of the current labor contract, at a monthly rate of$3,564.50, subject to satisfactory
completion of pre-employment medical and psychological examinations. (Motion carried under
the Consent Agenda.)
Helkamp/Menden moved to authorize the promotion of Sharon Proskin as a part-time, 30-hour
per week, Records Specialist at an hourly rate of $20.285. (Motion carried under the Consent
Agenda. )
Judy Cox, City Clerk, reviewed the proposed fee schedule for 2006. Ms. Cox requested that the
City Council consider adoptthe ordinance setting fees for licenses, permits, services and
documents for 2006.
Official Proceedings of the December 20, 2005
Shako pee City Council Page -14-
Cncl. Helkamp noted that the landscape escrow fee hadn't increased and asked if$I,500 is a
realistic number. He asked if the deck permit fee of$10/sq ft is in addition to the permit fee. He
stated that it is an excessive amount for building a deck and that he felt citizens would build
decks without a permit. He asked if the SAC fee has increased and questioned the impoundment
fees, noting that the animal control contract has increased: He also questioned the $55/hour
equipment rental fees and if they are enough with also providing an operator.
Mr. Leek responded that the deck permit fee is not new this year and will check with Jim
Grampre to see how it would apply.
LehmanlMenden offered Ordinance No. 743, Fourth Series, An Ordinance Setting Fees for City
Licenses, Permits, Services and Documents, and moved its adoption. Motion carried 5-0.
Lehman/Helkamp moved to direct staff to investigate fees on those that were mentioned. Motion
carried 5-0.
Helkamp/Menden moved to direct staff to advise those individuals whose terms are expiring on
boards and commissions (who have not served three consecutive terms and who have met
attendance requirements) that they are eligible for reappointment. (Motion carried under the
Consent Agenda.)
Helkamp/Menden moved to approve the applicant and grant a Pawnshop license to DRM LLC of
Shakopee, dba Excel Pawn, 450 West First Avenue. (Motion carried under the Consent
Agenda. )
Helkamp/Menden moved to approve the application and grant a Pawnbroker, Precious Metal
Dealer and Secondhand Dealer's license to Mark Peason, DRM LLC of Shakopee, dbaExcel
Pawn, 450 West First Avenue. (Motion carried under the Consent Agenda.)
Helkamp/Menden moved to approve the application and grant a Pawnshop License to
PawnXchange LLC, 1133 Canterbury Road. (Motion carried under the Consent Agenda.)
Helkamp/Menden moved to approve the application and grant a Pawnbroker, Precious Metal
Dealer and Secondhand Dealer's License to Mark Smith and Sherri Marzario, PawnXchange
LLC, 1133 Canterbury Road. (Motion carried under the Consent Agenda.)
Helkamp/Menden moved to approve the applications and grant a Tattoo License to Linda
Malone, Body Art, 205 South Lewis Street and to Susan Prince, Center for Permanent
Cosmetics, 287 South Marschall Road, contingent upon meeting all licensing requirements.
(Motion carried under the Consent Agenda.)
Official Proceedings of the December 20, 2005
Shakopee City Council Page -15-
Helkamp/Menden moved to approve the applications and grant a Taxicab License to Oscar Salas,
dba Shakopee Taxi and to Terry Busch, dba Southwest Metro Taxi, contingent upon meeting all
licensing requirements. (Motion carried under the Consent Agenda.)
Helkamp/Menden moved to authorize the purchase of two full size police squads from Elk River
Ford in the amount of $44,706 in accordance with the State of Minnesota patrol car contract
#435254 and one unmarked car from Car/Truck City in the amount of$15,611, in accordance
with the State of Minnesota automobile contract #435301. Also, one 4x4 vehicle from
Car/Truck City in the amount of $30,740 as quoted. (Motion carried under the Consent Agenda.)
Helkamp/Menden moved to authorize the purchase of thee light trucks from Elk River Ford in
the amount of $68,499.90 under the State of Minnesota contract #435116. (Motion carried under
the Consent Agenda.)
Helkamp/Menden moved to approve the renewal of the workers compensation policy with the
League of Cities Insurance Trust for a deposit premium of $193,433. (Motion carried under the
Consent Agenda.)
Mark McNeill addressed Council to discuss alternatives for setting a workshop for goals and
objectives for the upcoming two years to accommodate the City's visioning plan.
Council indicated they would prefer an evening session on Tuesday, January 24that 6:30.
Mr. McNeill asked whether Council would like a facilitator. Cncl. Lehman stated he preferred
an outside facilitator. Mr. McNeill would get the cost of a facilitator and would let Council
know.
encl. Menden noted that this is encl. Helkamp' s last meeting. He encouraged Cncl. Helkamp to
continue to play an active role in the community.
Cncl. Joos thanked Cnc1. Helkamp and noted his appreciation for Cncl. Helkamp's leadership.
Mayor Schmitt echoed the sentiments of Cncl. Menden and Cncl. Joos.
Helkamp/Menden offered Resolution No. 6341, A Resolution Authorizing the Finance Director
to Sign Employee Flexible Spending Account Reimbursement Checks, and moved its adoption.
(Motion carried under the Consent Agenda.)
LehmanlHelkamp moved to adjourn. Motioned carried 5-0 and the meeting was adjourned at
11:12 p.m.
Judith S. Cox Andrea Bortness
CityCler1>-) J Of Recording Secretary
~uJd\J. . I
J
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 3, 2006
Judith S. Cox, City Clerk, swore in Mayor John J. Schmitt and Council member Elect
Steve Clay.
Mayor John J. Schmitt called the meeting to order at 7:05 p.m. with Council members
Steve Clay, Steve Menden and Matt Lehman present. Cncl. Joos was absent. Also
present were Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael
Leek, Community Development Director; Kris Wilson, Assistant to City Administrator;
Bruce Loney, Public Works Director/City Engineer; Mark Themig,Director of Parks and
Recreation; Gregg V oxland, Finance Director.
The Pledge of Allegiance was recited.
Mayor Schmitt asked ifthere were any additions/deletions to the agenda;
Mark McNeill, City Administrator, asked that item 12.D.7, amending the agreement with
the police sergeants union regarding the post retirement health care plan, be added.
MendenlLehman moved to approve the agenda as modified. Motion carried 4-0.
Mayor Schmitt had nothing to report at the meeting.
Mayor Schmitt asked if there were any changes to the Consent Agenda.
encl. Lehman requested that item 12.D.7, the agreement with the police sergeants union
regarding post retirement health care plan, be added to the Consent Agenda.
encl. Menden requested that items 12.D.1, the Appeal of the Board of Adjustments and
Appeals" Determination on a Variance for Furniture Outlets, USA at 4250 12thAvenue
East, and 12.D.4, Agenda Format Changes, be added to the Consent Agenda.
encl. Lehman indicated that he would like to speak about item 12.D.4 and requested that
it stay on the agenda.
Mr. McNeill requested that item12.D.6, the addition of a maintenance worker as
recommended by staff, be moved to the Consent Agenda.
Lehman/Menden moved to approve the Consent Agenda as amended. Motion carried 4-
O.
LehmanlMenden moved to approve the bills in the amount of $347,174.27 plus
$174,620.55 for refunds, returns and pass through for a total of$521,794.82. (Motion
carried under the Consent Agenda.)
Official Proceedings of the January 3, 2006
Shakopee City Council Page -2-
LehmanlMenden moved to approve the purchase of seven Scott air packs from MES in
the amount of $18,060.00. (Motion carried under the Consent Agenda.)
LehmanlMenden moved to enter into an agreement with the Carver County HRA for the
administration of residential Small Cities Development Program (SCDP) loan
applications and awards on behalf of the City of Shakopee, for an administrative fee not
to exceed $1,500.00 per loan. (Motion carried under the Consent Agenda.)
LehmanlMenden moved to authorize the purchase of AMAG Professional Edition V5
Software and the necessary server (key card access system) at a combined price not to
exceed $6,200.00. (Motion carried under the Consent Agenda.)
LehmanlMenden moved to designate the Shakopee Valley News as the official
newspaper for the City of Shakopee for the year 2006. (Motion carried under the
Consent Agenda.)
LehmanlMenden moved to authorize the appropriate City officials to execute the
"Recycling Program Agreement" for recycling containers with Scott County. (Motion
carried under the Consent Agenda.)
LehmanlMenden offered Resolution No. 6349, a Resolution Setting the public hearing
date to consider the vacation of easement for property east of CSAH 15 within the
Countryside development, and moved its adoption. (Motion carried under the Consent
Agenda. )
LehmanlMenden offered Resolution No. 6348, A Resolution of Appreciation to
Raymond G. Ruuska, and moved its adoption. (Motion carried under the Consent
Agenda.)
LehmanlMenden moved to direct that the employment agreement with Dan Hughes be
modified to allow for 960 hours of accumulated sick leave. (Motion carried under the
Consent Agenda.)
Lehman/Menden moved to establish a joint meeting with Township Officials for
Tuesday, February 28,2006 at 6:30 p.m. (Motion carried under the Consent Agenda.)
LehmanlMenden offered Resolution No. 6350, a Resolution Upholding the Board of
Ad~ustment and Appeals Determination Regarding a Sign Variance for Property at 4250
1 t A venue East, and moved its adoption. (Motion carried under the Consent Agenda.)
LehmanlMenden moved to authorize City staff to advertise and recruit for a Facilities
Maintenance Worker position. (Motion carried under the Consent Agenda.)
Official Proceedings of the January 3,2006
Shakopee City Council Page -3-
Lehman/Menden moved to approve the amendment to Article XXVI of the Agreement
with the Police Supervisors Union, regarding employee contributions to their Post
Retirement Health Care Savings Plan (HCSP). (Motion carried under the Consent
Agenda.) (CC Document No. 395)
Mayor Schmitt asked ifthere were any citizens interested in speaking to an item not
included in the agenda. There being none, the meeting continued with liaison reports
from the Council members.
encl. Lehman participated in Shakopee Food Drop on December 24th with Meadow
Spring Church.
encl. Menden didn't attend any committee meetings. He did, however, compliment staff
on the recent Holiday Breakfast. He indicated it was a great opportunity to talk to some
of the other staff members.
Cncl. Clay had no report at this meeting.
LehmanlMenden moved to recess the meeting 7: 12 p.m. for the EDA meeting. Motion
carried 4-0.
Mayor Schmitt re-convened the meeting at 7:36 p.m.
Mark McNeill, City Administrator, addressed Council for the purpose of setting a
Visioning Implementation and Leadership Workshop at 6:30 p.m. on Tuesday, January
24th. Mr. McNeill asked if Council would like an outside facilitator and indicated that
one is available at that date and time for a fee of$1,500.
MendenlLehman moved to set Tuesday, January 24, 2006 at 6:30 p.m. for a Visioning
Implementation and Leadership Workshop to be facilitated by Don Salverda. The
meeting is to be held in the Police Training Room. Motion carried 4-0.
encl. Menden asked if Mr. McNeill envisioned the workshop to build on goals that were
established in 2004.. encl. Mended noted that the four hours would need to be used
effectively and efficiently.
Mr. McNeill answered that there are not a lot of in-depth issues that would be gone
through in only four hours but he thought that Council would want to talce a look at the
eleven goals that were set two years ago and see where the City is at with those. He also
thought that the workshop setting would be a good place to review the goals and
strategies that were adopted last month as f~ as long term. There are also approximately
60 tasks that the Steering Committee recommended.
Official Proceedings of the January 3,2006
Shakopee City Council Page -4-
R. Michael Leek stated that at the December 6th meeting, staff was directed to prepare a
resolution for possible action on December 20th, which was a resolution upholding the
actions ofthe Board of Adjustments and Appeals (BOAA) to renew the mining
Conditional Use Permit (CUP) for Shakopee Gravel, Inc. There were, however,
questions raised on December 20th regarding the Court of Appeals' decisions involving
the Shakopee Gravel CUP. The City Attorney's letter regarding those issues was
included in the Council member's packets. The City Attorney, Jim Thomson, had
determined that council can review the CUP. Mr. Leek stated that if the Council wishes
to review the CUP, they should also modify the first condition in the draft resolution.
Mayor Schmitt asked if it would be appropriate to take Page 2, item 1 and amend it to
read "the BOAA shall review and report to the City Council". The Council would want
the BOAA to do the review work and present their findings to Council. Mayor Schmitt
also asked if the timing is annually or every three years.
Mr. Leek answered that the Council review interval is at Council's discretion. There was
some discussion that the BOAA review it annually and Council review on an every three-
year basis.
Cncl. Lehman stated that the BOAA should review the CUP annually and that Council
should review the CUP after the BOAA every three years as Mr. Leek suggested.
encl. Menden agreed with Cnc1. Lehman's statement.
Cncl. Clay stated that by having both parties (BOAA and Council) review would be a
duplication of staff time.
Cncl. Lehman stated that in 2001 the CUP was reviewed and approved by the BOAA.
When the CUP came to Council, however, it was found to be out of compliance.
Cncl. Clay stated that ifCncl. Lehman is uncomfortable with the ability of the BOAA to
do their job, the applicant should come straight to Council.
Mr. Leek suggested that the BOAA could review the CUP annually andall the
information and their findings could be reported to the City Council. The City Council
would then do their review independently and if something is found, the City Council can
consider it as a whole.
Bev Koehnen approached the podium. She requested that she be allowed to make one
comment for the record. Ms. Koehnen stated that Mayor Schmitt made the statement at
the last meeting that it was not a unanimous decision at the 2002 meeting. In reviewing
the tape, she noted that there were 4 out of 5 Council members that were in favor of
bringing the CUP to Council rather than the BOAA. Ms. Koehnen requested that the
Official Proceedings of the January 3, 2006
Shakopee City Council Page -5-
record show that this is the reason she brought the issue to Council; not because there was
a failure of the BOAA. Staffhad not followed the direction from the last Council even
though it wasn't offered in a motion. Ms. Koehnen added that she didn't have a grudge
against the gravel pit.
Mr. McNeill reiterated that staff is required to follow what the official action was. Even
though there were discussions, no official motion was made or passed giving staff
direction to bring the CUP to Council. Therefore, there was no rule change.
Lehman/Menden offered Resolution No. 6344, A Resolution Upholding the Board of
Adjustment and Appeals' determination on the Renewal of the Conditional Use
PermitlLand Rehabilitation and Mining Permit for Shakopee Gravel, Inc. at 1650
Canterbury Road, and moved its adoption with additional phrasing: "BOAA review
annually and report their findings to the City Council ".
Cncl. Menden clarified that Cncl. Lehman's intent was that the BOAA would review the
CUP and then provide information to Council to read. encl. Lehman answered yes.
Mayor Schmitt added that the BOAA report would not be an appeal or an action item;
just an information item.
Jim Thomson, City Attorney, asked if Council would want the BOAA's annual report on
the agenda for an official action.
Cncl. Lehman indicate that his intent was to go along with Mr. Leek's recommendation
in that the BOAA report would be passed on to the City Council for them to read in a
report format. He added that if the Council wishes to appeal the decision of the BOAA,
they can within ten (10) days.
Mr. Thomson advised that, as a practical matter, Council will always have ability to
review the permit. If any action were taken to revoke or modify it. his opinion is that
Council would have to take that action.. The revocation of a CUP should not be done at
the BOAA; it should be done before Council since the appeal ultimately came before
Council. Mr. Thomson's understanding of the action is that the BOAA will review the
CUP annually and report to the City Council the results of that review. If a City Council
member wants to put that item on the agenda for further discussion, and if the majority of
Council agrees, it can be put on the agenda; it is not an appeal.
Motion carried 4-0.
Mayor Schmitt suggested that a procedure be set in order to avoid a lengthy, time
consuming process. Motion carried 4-0.
Official Proceedings of the January 3, 2006
Shakopee City Council Page -6-
R. Michael Leek stated that at the last meeting a draft resolution of denial was prepared
in response to a petition from Tollefson Development for the annexation of 45 acres
located in Jackson Township. However, Gary Wollschlager, Tollefson Development,
was unable to attend and requested the opportunity to speak prior to Council voting on
the resolution.
Gary Wollschlager approached the podium. He stated that Tollefson Development is
under contractual obligation with property owners in Jackson Township. Herequested a
timeframe from Council as to when it would be reasonable to reapply, so he can meet his
contractual obligations. .
Ms. Leek stated that Council will likely have a petition before them from DR Horton at
some time and then probably within a year it would be appropriate to petition again. He
added thatthere is a Workshop withTownships in February that will shed light as to
when these properties will come before Council to annex. In a year staff may have more
information.
MendenlClay offered Resolution No. 6346, A Resolution of the City of Shakopee
Denying a Petition for Annexation of about Forty-five (45) Acres located on the East
Side of Marystwon Road/CR 15 and South of TH 169, and moved its adoption. Motion
carried 4-0.
R. Michael Leek approached Council with a request for waiver of criteria for minor
subdivision. Application has been made to raise an existing stmctureat 916 Third
A venue East and construct a two-unit building. Mr. Leek noted that two-unit use is
allowed in this zoning district and added that in the past Council had seen this type of
request but they were typically related to existing properties. Typically, staff s policy has
beennot to make recommendations in that staff doesn't think would be a good idea to
waive subdivision/zoning criteria. Mr. Leek added that the newly constructed building
would operate as rental property, not dual ownership. He also reminded the members
that Council has granted waivers similar to this but it involved existing structures.
Clay/Lehman moved to approve the requested waiver of subdivision criteria for setback
in the R-l C Zone to allow a zero side lot line for the parcel at 916 Third A venue East.
Motion carried 4-0.
Mark McNeill approached Council with proposed agenda format changes. He indicated
that the agenda had been re-formatted since the visioning strategies and goals were
adopted at the last meeting. Stafffelt that this format would be less confusing. Mr.
McNeill noted that non-consent items were grouped into areas that support the five goals
that were adopted at the last meeting. . He stated that certain actions may fall into one of
the five goals defined, some may fall into several and some into none and may be
Official Proceedings of the January 3,2006
Shakopee City Council Page -7-
designated as general housekeeping. By coincidence, all items for this meeting's agenda
fell into Vibrant, Resilientand Stable category. Mr. McNeill asked Council for their
feedback.
encl. Lehman indicated that he liked the City's mission statement printed at the top of the
agenda. He is concerned that an agenda item under a separate heading is an individual
call, may not identify where it could be negative and puts staff in a non A-political
situation.
Mr. McNeill acknowledged that the placement of an agenda item, in some cases, is a
judgment call.
Mayor Schmitt approved of the new format. He added that he likes the idea that the
agenda format is changing as it gives the agenda a different flavor as to what the various
challenges are. Mayor Schmitt suggested that Council and staff work with the newly
formatted agenda for a while. No motion was made by Council.
encl. Menden voiced a concern from citizens. Previously there was a three-way stop
before 1 ih A venue crossed Cooper A venue and went over to Marystown Road. Recently
it was changed to a two-way stop and there have been near accidents there. Cncl.
Menden asked if there was a better way to identify a signal change.
Mayor Schmitt indicated he had been approached by approximately a half dozen people
because the intersection was originally opened as a four-way stop. Since then the stop
signs were taken off of 1 ih Avenue made it a through street. Mayor Schmitt's concern is
that the City still holds title to the road and there is a very large complex under
construction, the High School, with a head count probably running into the 1,500 range
similar to the size of Chaska High School. Also, there is an excess. of 440 home sites
being constructed.
encl. Lehman would like to see traffic change led by a traffic warrant study to be
consistent so there aren't groups of 5-1 0 citizens at a given meeting deciding where stop
signs should be.
Bruce Loney stated that it was always intended that 17th A venue would be a county road
and that Fuller Street (CR 77) would be turned back over to the City.
Mayor Schmitt voiced his concern with 1 ih A venue being a county road. He noted that
there will be no stop signs and that all the school buses will drive through in addition to
students' cars. Mayor Schmitt added that he doesn't want the City to have to live with a
couple of years of accidents at that intersection before the City can get the County to do
some kind of traffic control at that intersection.
Official Proceedings of the January 2, 2006
Shakopee City Council Page -8-
Mr. Loney responded that the County has jurisdiction at CR77/Fuller Street and it will be
difficult to take stop signs out. He added that he would bring it up with the County again.
Mayor Schmitt noted that most high schools have four-way stops at virtually every corner
abutting the school property. He would like four-way stops installed now so the public
gets trained. Spencer & Vierling didn't get stop signs until after several accidents. Mayor
Schmitt is concerned about it being a through street and is worried it will turn into a
speedway.
Cnc1. Menden asked ifthere would be a better way to let people know as they're
approaching the intersection that the traffic signal has been changed. Mr. Loney
responded that he would look into it.
Mayor Schmitt responded that the traffic change was flagged with fairlylarge flagging.
Under other business, Mayor Schmitt asked R. Michael Leek for an update on the IS
work plan for 2006. Mr. Leek responded that he had sent the information to Council
about two months ago and didn't get any feedback at that time. He added that he could
update it and resend it to Council members.
Menden/Clay moved to recess for an executive session to discuss labor negotiations, at
8:35 p.m. Motion carried 4-0.
Mayor Schmitt re-convened the meeting at 9:20 p.m. and reported that no action was
taken during the executive session.
LehmanlMenden moved to adjourn to Tuesday, January 17,2006 at 7:00 p.m. Motion
carried 4-0. The meeting was adjourned at 9:20 p.m.
cp~~' Cf
City Clerk
Andrea Bortness
Recording Secretary