HomeMy WebLinkAbout5.F.2. Approval of Minutes: September 19, and October 05, 2010OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 21, 2010
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Matt Lehman,
Pamela Punt and Pat Heitzman present. Also present was Mark McNeill, City Administrator; Kris
Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Gregg Voxland, Finance Director;
Bruce Loney, City Engineer/Public Works Director; R. Michael Leek, Community Development
Director; and Rick Coleman, Fire Chief.
The Pledge of Allegiance was recited.
Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill asked to defer
S.A.1, Purchase of Document Scanners and Software and 13.B.1, Review of CUP and Mineral Extraction
and Land Rehabilitation Permit for Shakopee Gravel.
Clay/Heitzman moved to approve the agenda as amended. Motion carried 5-0.
In the Mayor's Report Mayor Schmitt attended the first meeting of the Highway 101 North Corridor
Committee. Discussed were the issues regarding the 101/Pioneer Trail/Shakopee Bridge issues. Mayor
Schmitt also attended the SCALE High Performance Partnership (HIP) in Dakota County. Mayor Schmitt
also said there is a 169 Corridor annual meeting on October 14, 2010 and encouraged Council members to
attend.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda.
Mr. McNeill noted the removal of S.A.l, Purchase of Document Scanners and Software. Mayor Schmitt
asked to remove S.B.l, St. Francis Medical Campus Watermain Easement/Agreement Amendment.
Lehman/Clay moved to approve the Consent Agenda as amended. Mr. McNeill read the consent agenda.
Motion carried 5-0.
Lehman/Clay moved to declare the 1997 Chevrolet Blazer, VIN: 1GNDT13W6V2246603 and the 2000
Chevrolet Silverado, VIN: 2GCEK19T2Y1299669 as surplus property. (Motion carried under the Consent
Agenda)
Lehman/Clay moved to allow staff to accept four digital in-squad video systems from the Minnesota
Sheriff's Association. (Motion carried under the Consent Agenda)
Lehman/Clay offered Resolution No. 7046 Approving the City of Prior Lake as a Member of the
Suburban Transit Association (STA) and moved its adoption; and, paying pro-rated dues for 2010.
(Motion carried under the Consent Agenda)
Lehman/Clay offered Resolution No. 7042, A Resolution Declaring the Amount to be Assessed, Ordering
the Preparation of Proposed Assessments, and Setting the Public Hearing Date for Delinquent Refuse
.Bills; and moved its adoption; and, directed that a $45.00 administrative fee penalty be added to
assessment amounts for City costs. (Motion carried under the Consent Agenda)
Official Proceedings of the September 21, 2010
Shakopee City Council Page -2-
Lehman/Clay moved to approve the installation of stop signs on Arabian Avenue at the Intersection of
Arabian Avenue and Shire Street. (Motion carried under the Consent Agenda)
Lehman/Clay offered Ordinance No. 838, Fourth Series, an ordinance amending Section 9.50,
Subdivision 8 (B) of the Shakopee City Code pertaining to parking restrictions during snow emergencies,
and moved its adoption. (Motion carried under the Consent Agenda)
Lehman/Clay authorize staff to utilize the re-purchase agreement with Ag Power Enterprises, Inc. on the
2009 John Deere 5085 Tractor and 2009 John Deere 1445 Mower for the combined price of $13,090.05
with the funds to be expended from the Internal Service Equipment Fund. (Motion carried under the
Consent Agenda)
Lehman/Clay moved to approve the bills in the amount of $1,114,922.88 and electronic transfers in the
amount of $746,268.69 for a total of $1,861,191.5?. (Motion carried under the Consent Agenda)
Lehman/Clay moved to approve the minutes of August 30, 2010. (Motion carried under the Consent
Agenda)
Lehman/Clay moved to authorize the appropriate individuals to enter into a contract extension with the
Minnesota Municipal Utilities Association for the provision of Safety Management Program, at a cost not
to exceed $22,755.00. (Motion carried under the Consent Agenda}
Mayor Schmitt asked if there was anyone in the audience who wished to speak on a topic that was not on
the agenda. No one responded.
Lehman/Heitzman moved to open the public hearing on the Issuance of a Conduit Revenue Note for the
Benefit of St. Gertrude's Health Center. Motion carried 5-0.
Julie Eddington, City Attorney from Kennedy and Gravin, presented council with the information.
Ms. Eddington said St. Gertrude's Health Center has requested that the City issue atax-exempt conduit
revenue note in the maximum amount of $6,500,000 on its behalf in order to provide financing for the
costs of the acquisition, construction, and equipping of an approximately 40,500 square foot three level
building expansion.
Mayor Schmitt asked if there was anyone in the audience that wished to speak at the public hearing. No
one responded.
Clay/Heitzman moved to close the public hearing. Motion carried 5-0.
Clay/Heitzman offered Resolution No. 7041, Resolution Authorizing the Issuance, Sale and Delivery of a
Tax-Exempt Loan Participation Note (St. Gertrude's Health and Rehabilitation Center Project), Series
2010, in the Principal Amount of $5,575,000, for the Benefit of St. Gertrude's Health Center and Steeple
Pointe Senior Living Community; Payable Solely from Revenues Pledged pursuant to a Loan Agreement
and A Servicing Agreement; Approving the Form and the Authorizing the Execution and Delivery of the
Note, the Loan Agreement, the Servicing Agreement, and Related Documents; and Providing for the
Security, Rights and Remedies with Respect to the Note, and moved its adoption. Motion carried 5-0.
Official Proceedings of the September 21, 2010
Shakopee-City Council Page -3-
Michael Leek, Community Development Director, presented Council with the St. Francis Medical Center
Watermain Relocation.
St. Francis is proposing the relocation of the watermain on their site, as part of the improvement projects
occurring on the South Valley Medical Campus. The current watermain is subject to an easement and
agreement in which the City and Shakopee Public Utilities are interested parties. As part of an
amendment, the old location of the easement will be vacated and. the location of the easement for the new
watermain will be reflected in the watermain easement and agreement amendment.
Mr. Leek said the City Attorney has reviewed the current agreement and the proposed amendment and
does not propose any changes other than the addition of signature blocks for City officials. Shakopee
Public Utilities also reviewed the documents and did not offer any changes.
Mayor Schmitt said he asked for this item to be removed from the Consent Agenda because the
documents didn't include a map of the current and future location of the watermain. Mr. Leek provided a
map of the locations.
Lehman/Clay moved to approve the amendment to the watermain easement and agreement with St.
Francis Regional Medical Center and authorized the appropriate City officials to execute the associated
documents. Motion carved 5-0.
Mayor Schmitt asked for liaison reports. Cncl. Heitzman said he attended the school board meeting.
Items discussed were the progress of Jackson Elementary, and the future location of the High School
graduation for the Class of 2012. Cncl. Punt said she attended the Shakopee Chamber of Commerce
Board of Director's Meeting. At the meeting was Kathy Schatz with the Minnesota Chamber of
Commerce -Grow Minnesota. The chamber will be working with Kathy to become trained in their
process of onsite visits. Cncl. Lehman attended the AMA event at Canterbury about the noise concerns.
The noise was registered at 100 disciples. He also attended the Scott County 101 and Reconstruction
meeting. Cncl. Clay had nothing to report.
Heitzman/Punt moved to recess for the Economic Development Authority Meeting. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 7:30 p.m.
Kris Wilson, Assistant City Administrator, presented Council with the Exterior Design of the New Fire
Station.
Ms. Wilson said that the City has been working with Jeff Oertel of Oertel Architects for the design of the
new station. Mr. Oertel presented the proposed exterior design and floor plan of the proposed interior of
the new fire station. Council was pleased with the exterior and interior plan of the building.
Ms. Wilson said the next step is to return to the City Council on December 21, 2010 to seek approval to
go out to bid.
Mr. Leek presented Council with the Proposed Scott County Transit Operations Plan.
Official Proceedings of the
Shakopee City Council
September 21, 2010
Page -4-
Mr. Leek said that the Shakopee City Council, Prior Lake City Council and Scott County Board of
Commissioners gave their staffs' direction to continue with discussions that would lead to a funding
proposal for the possible acquisition of the former site of Shakopee Dodge and Denny Hecker Dodge
located at Marschall Road. Mr. Leek said staff members collaborated on the development of an
application for CH 152 funding through Mn/DOT.
Once the County was notified that the application was successful, staff, working through the Transit
Planning Team (TPT), determined that it would be desirable to develop an operations plan including.
present transit service and facilities, and programmed service and facilities expansions. The TPT
contacted Carol Becker, who formerly was a member of the Metropolitan Council's Transportation staff
to assist in the development of the operations plan.
John Ulrich, Scott County Commissioner, gave Council a brief overview and introduction to the proposed
Scott County Transit site. Mr. Ulrich said the location is optimal according to the Metropolitan Council
Regional Transportation Plan and Park and Ride Study. The park and ride location is in alignment with
169 and the Corridor Coalition and consistent with SCALE efforts.
Lisa Freese, Transportation Program Manager for Scott County Public Works.. Ms. Freese's presentation
consisted of the progress of the concept, the regional partnerships, details of the traffic requests, land use,
and tax implications.
Ms. Freese discussed the funding of the CH 152 funding through Mn/DOT. $2.39 million can be used for
the acquisition of the site and the building. The intent is that the county would fund the remaining cost of
the acquisition. In 2013 another 1.17 million dollars will be available for site renovations.
Mr. Leek discussed the land use of the project. The Regional Park and Ride Study identified a site south
of the Hecker site as an area that would meet the requirements of their study. However the Hecker site
fits well within the boundaries of their study and is compatible with commercial and residential use in this
area.
The 2010 property taxes payable are approximately $156,338.00 and the City currently receives about
$30,094.00 and the 2011 property taxes are projected to be about $120,000. The information came from
the Scott County Auditor. Mr. Leek discussed the Minnesota Vehicle Sales Tax (MVEST) as the
principal source for operation.
In summary, Mr. Leek said the location is optimal, the price of the facility is low, and the tax implications
are the same if it were located at another site.
Mayor Schmitt asked for comments from Council regarding the proposed site. Cncl. Lehman and Cncl.
Heitzman both feel that the park and ride transit station should be located at the intersection of 169 and
County Road 69. They said there is available space and it would align with the future river crossing.
Cncl. Clay and Cncl. Punt feel that the opportunity to purchase the site is a great opportunity for everyone
involved because of the sale price and the proximity to high density housing and retail stores. Mayor
Schmitt sees the necessity of the site but doesn't agree it is the most appropriate site. He feels that the city
is giving up a highly visible retail site and doesn't agree with it but acknowledged the need for the site.
Official Proceedings of the September 21, 2010
Shakopee City Council Page -5-
Clay/Punt moved to approve accepting the draft Scott County Transit Operations Plan and informing the
Scott County Board that it supports the acquisition of the Marshall Road site for transit purposes. Motion
carried 3-2 with Cncl. Lehman and Heitzman opposed.
Lehman/Heitzman moved to recess for a break. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 10:00 p.m.
Mr. Leek presented Dean Lakes PUD Amendment Request.
Mr. Leek said that in the past the Council approved a Planned Unit Development (PUD} for Dean Lakes.
The PUD approved the development plan for a mixture of commercial, residential, and business park uses
on approximately 270 acres which are located south of Highway 169 and east of CSAH 83. Ryan
Companies, the owner of the property, has submitted a PUD amendment requesting the City to consider
allowing approximately 60 acres of property for agricultural purposes. The approved PUD plan
designates the area for business park development. The request by the owners is due to the current lack of
activity in the market place. The Council determines, per the PUD agreement, whether a public hearing
should be required.
Mr. Leek said that staff recommends that the Council determine that a public hearing is required for the
amendment, should a complete application be filed with the City.
Punt/Lehman move that an Amendment to the Dean Lakes Planned Unit Development be subject to a
public hearing before the Planning Commission with final review by the City Council. Motion carried 5-
0.
Bruce Loney, Public Works/Engineering Director, presented Council with the Discussion of 211
Shumway Street Septic System Replacement.
Mr. Loney said that an individual sewage treatment system located for 211 Shumway Street has failed and
needs to be replaced per Scott County ordinances. Staff needs to know from Council whether to allow
replacement of the septic system or to consider a sewer and water project for the area.
Mr. Loney said that the area at 211 Shumway St. does not have an extension of a sewermain or a
watermain. Mr. Loney said one of the main issues why the property has. not been served with sanitary
sewer and water in the past is that the watermain would need to be looped from 3rd Avenue and Shumway
Street to 2nd Avenue and Apgar Street. Also; the limestone is very close to the surface in this area and
would require rock excavation in order to install utilities.
Mr. Loney said that if Council decides that a preliminary engineering study is needed to make a final
decision on whether to bring sewer and water into this area, staff would recommend preparing the
preliminary cost and to do a benefit appraisal analysis to determine the benefit of sanitary sewer and water
to accessible lots in the area.
Lehman/Heitzman moved to direct staff to prepare a resolution to initiate a preliminary engineering study
for sanitary sewer and water along 2nd Avenue from Apgar Street to Shumway Street and water along
Shumway Street from 2nd Avenue to 3rd Avenue. Discussion followed. Cncl. Clay asked how soon the
sewer and water could be installed. Mr. Loney said the summer of 2011. Cncl. Clay also had questions
Official Proceedings of the
Shakopee City Council
September 21, 2010
Page -6-
about the importance of having a fire hydrant in the location. Chief Coleman said that the only hydrant
his department could currently hook up to would. be on 3rd Avenue.
Mayor Schmitt asked for a vote on the motion. Motion carried 5-0.
Mr. Loney presented Council with the Traffic Safety Review Committee's (TRSC) Recommendations on
Existing 4-way Stop Intersections.
Mr. Loney said that earlier in the year Council requested a study by the TRSC regarding possible removal
of stop signs due to the changes in the City over the years. Below is the intersection identification,
recommendation by TRSC and Council's decision.
Intersection Recommendation Council Decision
#1 Sommerville St. & 2" Ave. Remove stops on Sommerville St. Council said to keep
as warning signals have been the stop signs as is.
installed at the railroad crossing
#2 Spencer St. & 2r` Ave. Railroad warning signals installed Keep stop signs as
- TSRC recommends removal of is.
the stop signs on Spencer St. since
Spencer is a collector street.
#3 Lewis St. & 5 Ave. ST. Mary's school gone -leave as Council agreed
is due to heavy school and bus
traffic
#4 Sommerville St. & 5 Ave. St. Mary's school gone. Remove Council agreed
stops on Sommerville St.
#5 Apgar St. & 6t Ave. Leave as is as traffic volume Council agreed.
criteria is met for this intersection
#6 Lewis St. & 6 Ave. St. Mary's school gone -Leave as Council agreed.
is due to proximity to Central
School
#7 Spencer St. & 6 Ave. Not warranted and recommended Council said to keep
in 1997 Study -Recommendation stop sign as is.
is to remove stop signs on Spencer
St. Sight distance is poor in the
northwest quadrant.
#8 Apgar St. and 10 Ave. Not warranted -Recommendation Council agreed
is to remove stop signs on lOd'
Ave.
#9 10 Ave. & Dakota St. Vehicles rolling through stop Council agreed
signs, need further study.
Recommended further study once
Dakota St. is reconstructed and to
meet with school officials
#10 11 Ave. & Merrifield St. Not warranted -Remove stop Council agreed
signs on Merrifield Street and 1 l~'
Ave.
#11 12 Ave. & Hamson St. Not warranted -Remove stop Council agreed
signs on 12a' Ave.
Official Proceedings of the September 21, 2010
Shakopee City Council Page -7-
Lehman/Heitzman moved to approve traffic control signage changes: #4, (remove stop signs on
Sommerville Street at 5th Avenue), #8, (remove stop signs on IOth Avenue at Apgar Street), #10 (remove
stop signs on Merrifield Street and 1 lt~' Avenue}, and #11 (remove stop signs on 12th Avenue at Harrison
Street); and, also have staff work with the school district regarding the stop sign on 10th Avenue and on
Dakota Street and on Shakopee Avenue and Dakota Street and bring back recommendations to Council.
Motion carried 5-0.
Mayor Schmitt asked. if the were any Council concerns. Mayor Schmitt asked Mr. Loney what. the delay
was in fixing the sidewalk on the northeast corner of Eagle Creek Blvd. and Marshall Road. Mr. Loney
said it's been left open because of a pending claim. It was left open for investigators of the claim. Mayor
Schmitt also asked Mr. Loney about weed control on the sidewalks. Mr. Loney said he would look into
the problem.
Heitzman/Punt moved to adjourn to Tuesday, October 5, 2010 at 7:00 p.m. Motion carried 5-0.
Meeting adjourned at 11:03 p.m.
Ju~ith S. Cox
City Clerk
Kim Weckman
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 5, 2010
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Matt
Lehman, Pamela Punt, and Pat Heitzman present.. Also present was Mark McNeill, City
Administrator; Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Judith
S. Cox, City Clerk; Bruce Loney, City Engineer/Public Works Director; and R. Michael Leek,
Community Development Director.
The Pledge of Allegiance was recited.
Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill asked
to add 15, Closed Session -Status of Labor Negotiation; also, on the Consent Agenda, table
S.D.3, Purchase of Document Scanners and Software.
Clay/Heitzman moved to approve the agenda as amended. Motion carried 5-0.
Mayor Schmitt had nothing to report in the Mayor's Report.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda.
Mr. McNeill had no additions or deletions. Cncl. Heitzman asked to remove S.B.2., Order
Preliminary Report for 2°d Avenue and Shumway Street Sewer and Water Improvements -Res.
No. 7049.
Lehman/Heitzman moved to approve the Consent Agenda as amended. Mr. McNeill read the
consent agenda. Motion carried 5-0.
Lehman/Heitzman offered Resolution. No. 7048, A Resolution Declaring the Costs to be
Assessed and Ordering the Preparation of Proposed Assessments for the 2010 Street
Reconstruction, Project No. 2010-1, and moved its adoption. (Motion carried under the Consent
Agenda)
Lehman/Heitzman moved to declare the.. following as surplus property.
Item Details Model Serial # Manual
1994 Toro Turf 5400HL 40112 Yes
Swee er
1978 Jacobsen 720E 720E 720E Yes
Swee er
Leaf Vac-Ronsomes Kohler Magnum 14 gas M145 2023900503
TGT Loader 14 en ine
Brant Heater Series-A 29R Input 100-341 20316
100,000 BTU/Output
80,000 BTU Type of gas:
Natural
Rezonr Heater Normal Output 300,000 FE300 AZL66M6N95121X
Dec 2000 BTU Output 240,000
BTU Minimum Output
150,000 BTU Type of
Gase: Natural
Lennox Elite Series G24M3/4-100a-11 6399A 02323
Official Proceedings of the
Shakopee City Council
October 5, 2010
Page -2-
Ni co Heater Master Brand B 1500 B 150D
Homelite Generator w/22.9 amps/120V Briggs 170432 174A27-1
motor
Air Compressor w/6.Shp Kohler motor K141T 9232096 201144
Curtis Tank
Air Compressor w/5.0 Dayton electric 3NZ21
motor, Nicole Mfg air
com ressor
Orange Air Not on the books anymore ? ?
Com ressor
Toro 2-cycle GTS 16585 8003858
Walkbehind Mower
Toro 2-cycle GTS 16785 8004069
Self-propelled 21"
Mower
Miller 250 AC/DC
Dialarc Welder
1PM of-0018 Free-Run Shakopee #0823
Starter Tester
H dra-Cell Pum 49458
Rotary Blade Grinder
Trann /Clutch Tools
Black Hawk Hydraulic 40-800 494111
Jack ku box crane
Branick Universal SSC-514X
Pneumatic
MacPherson Spring
Com ressor
Fire Hose End Elkhart Brass Mfg Co.
Re airer
Simions Sickle GE electric motor''/a hp IE152
Grinder w/stand
Drill Press w/bits
Sioux valve face
grinding machine
Sioux valve seat
grinder
Oil Tank/Hydraulic
Tank
Stainless Steel Sink S-
tub
18' Glencoe Field M3-FC105-336A 106234 Yes
Cultivator
12' International Disc 350 35041111 No
350
New Holland Manure 328 276156 Yes
S reader
Vicon Pendulum Can't get parts anymore ? 7525101457 Yes
S reader
Anny Trailer Brian Theis is interested
in
(Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize staff to install thirteen (13) LED Street lights, from T.H.
169 to 10th Avenue and with three (3) street lights to be break away poles, with funding from the
Capital Improvement Fund. (Motion carried under the Consent Agenda)
Official Proceedings of the October 5, 2010
Shakopee City Council Page -3-
Lehnnan/Heitzman offered Resolution No. 7050, A Resolution Certifying Delinquent Storm
Drainage; False Alarms; Engineering Fees; and Pawn Shop Transaction Fees for Collection on
the Tax Ro11s~Payable 2011, and moved its adoption. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to declare items held by the Police Department as surplus property, as
identified in the October 5, 2010 memo from Angela Trutnau, Sergeant. (CC Document No.
483) (Motion carried under the Consent Agenda)
Lehnnan/Heitzman motion to declare the 1997 Chevrolet Tahoe, VIN: 1 GNEKI3RXVJ433334
and the 2002 Toyota Camry, VIN: 4T1BF30K82U514695 as surplus property. (Motion carried
under the Consent Agenda)
Lehman/Heitzman moved to table the purchase of four scanners, and related software and
licenses using DWI forfeiture funds. (Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7043, a Resolution of Appreciation for Lion D.
Baden, Resolution No. 7044, a Resolution of Appreciation for Alan R. Geis, and Resolution No.
7045, a Resolution of Appreciation for Daniel L. Leadstrom, and moved their adoption. (Motion
carried under the Consent Agenda)
Lehman/Heitzman moved to accept, with regret, the resignation of Paul Laxen from his position
as paid-on-call firefighter with the Shakopee Fire Department. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve the bills in the amount of $490,978.58 and electronic
transfers in the amount of $8,147.74 for a total of $499,126.32. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve the minutes of September 7, 2010. (Motion carried under
the Consent Agenda)
Lehman/Heitzmanmoved to retain Kern, DeWenter and Viere as auditors for fiscal year 2010 at
the proposed amount of $38,500 plus $3,000 if a single audit for federal funds is needed.
(Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7047, A Resolution Appointing Judges of Election
and Establishing Compensation, and moved its adoption. (Motion carried under the Consent
Agenda)
Lehman/Heitzman moved to approve the application and grant an on sale and Sunday on sale
intoxicating liquor license to Apple Minnesota LLC, 1568 Vierling Drive East, conditioned upon
compliance with all licensing requirements and the surrender of the current liquor licenses issued
to Applebee's Restaurants North LLC. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to approve the applications and grant an off sale liquor license and
tobacco license to Chea Kong Inc. dba Southside Liquors, 1667 17th Avenue East, conditioned
upon compliance with all licensing requirements and the surrender of the current liquor and
Official Proceedings of the
Shakopee City Council
October 5, 2010
Page -4-
tobacco licenses issued to Hoang's South Side Liquors, Inc. (Motion carried under the Consent
Agenda)
Lehman/Heitzman moved that staff be directed to designate 10-minute parking restrictions
during school hours in the five eastern-most diagonal parking spaces on the northside of 6th
Avenue, adjacent to Central School. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved that a workshop meeting be called for 7:00 p.m. Monday, October
l lt'', in City Council Chambers. (Motion carried under the Consent Agenda)
Mayor Schmitt asked if there was anyone in the audience who wished to speak on a topic that
was not on the agenda. No one responded.
Mayor Schmitt asked to discuss items removed from the Consent Agenda.
Cncl. Heitzman asked to remove item S.B.2., Ordering Preliminary Engineering Report for 2"d
Avenue and Shumway Street Sewer and Water Improvements.
Mr. Heitzman said that he was approached by the son of the owner of property at 211 Shumway
Street. He said he was confused on the process between the City and County regarding the sewer
and water improvements. Mr. Heitzman said they went to Scott County and got the requirements
for putting the new septic tank in and began work but the work was shut down by the City
because a study was being done. Mr. Heitzman asked that Mr. Loney clarify the process.
Mr. Loney said that with the replacement of a septic system there has to be an application to the
County. The County does the review and approval. The County had a requirement that the City
Engineer needs to sign off saying that there's no sewer and water available to the site in order for
the County to process the application. Mr. Loney said he did not sign off on the request. The
County did not accept the application. Mr. Loney said the item is now in front of the City
Council to approve ordering a preliminary report to see if sewer and water is feasible to be
brought to the site.
Heitzman/Clay offered Resolution No. 7049, A Resolution Ordering a Preliminary Engineering
Report for 2"d Avenue and Shumway Street Extension of Sanitary Sewer and Water
Improvements, and moved its adoption; and, also, authorized staff to obtain a benefit analysis on
properties to be assessed. Motion carried 5-0.
Mayor Schmitt asked for Council liaison reports. Cncl. Clay attended the Shakopee Public
Utility Commission meeting. Discussed were foreclosed homes and water shut offs, service lines
to the High School's new environmental center, an agreement with NSP regarding their
transmission line to supply power to the Pike Lake substation, and approval of the Fuller Street
lighting project. Cncl. Lehman and Cncl. Punt had no reports. Cncl. Heitzman said he attended
the school board meeting, the Downtown Partnership, and the First Ave. Corridor meeting.
Michael Leek, Community Development Director, presented Council with the Review of the
Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for Shakopee
Gravel.
Official Proceedings of the October 5, 2010
Shakopee City Council Page -5-
Mr. Leek said that Shakopee Gravel, Inc. has submitted an application for annual review for their
operation located at 1650 County State Aid Highway 83.
Shakopee Gravel, Inc. received approval of an amendment to the Conditional Use Permit and a
Mineral Extraction and Land Rehabilitation Permit Renewal on November 21, 2006 and recently
received a positive review of their operation by the Board of Adjustment and Appeals (BOAA)
on September 9, 2010. The Board of Adjustment and Appeals, recommended that the Council
accept the review of the permit as conditioned in approved Resolution No. 6533, with an
additional condition that Shakopee Gravel, Inc. conduct maintenance of the public right-of--way
along all adjacent streets to their property.
Mr. Leek said that Shakopee Gravel asked that the annual review be changed to every other year.
The BOAA recommended to keep the annual review.
Discussion ensued regarding the end. date identified in the Conditional Use Permit (CUP). Mr.
Leek said that it is expected that material will last past the 2013 end date. Mr. Thomson, City
Attorney, said that when the day comes and mining continues, a judge will need to determine
whether or not the city has the authority to impose an end date.
Attorney Jack Perry of Briggs Morgan Law Firm representing Shakopee Gravel Co. addressed
the Council. Mr. Perry said that Shakopee Gravel's intent is to exploit materials as soon as
possible which may extend past the January 2013 deadline as originally thought.
Beverly Koehnen, 2036 Canterbury Road, presented Council with several issues. Ms. Koehnen
has concerns with the amount of dust that is generated from the Shakopee Gravel operation, the
quality of the groundwater in the area of the city due to the activities of the gravel operation and
that the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit should
still expire on January 17, 2013 as originally conditioned and as confirmed in the past by John
Shardlow, applicant representative for Shakopee Gravel., Inc. She also expressed concern about
the fill that is being brought in.
Joel Spear representative of Shakopee Gravel stated that each load is checked and that they have
provided the City with the records of all loads that are brought into the Gravel operation. Mayor
Schmitt noted that the owner needs to be aware of the risk for contamination.
Clay/Lehman moved to accept the review of the permit as conditioned in approved Resolution
No. 6533, subject to an additional condition that Shakopee Gravel, Inc. conduct maintenance of
the public right-of--way along all adjacent streets to their property and to continue the annual
review of the CUP. Discussion followed.
Cncl. Lehman said he wanted to address Ms. Koehnen's issues. He said that Shakopee Public
Utilities has been following up on monitoring their wells which is currently done on a quarterly
basis. The dust issue could be resolved by the Shakopee Gravel Co. spraying water to minimize
the dust. The soil contamination issue is their concern because they are liable for any radio
active waste.
Mayor Schmitt asked for a vote on the motion. Motion carried 5-0.
Official Proceedings of the October 5, 2010
Shakopee City Council Page -6-
Mr. Leek presented Council with a letter that has been drafted regarding the Metropolitan
Council Update of Transportation Policy Plan (TPP).
Mr. Leek said that the Metropolitan Council issued a proposed update to the regional TPP.
Public comment will betaken on the TPP until October 7, 2010. Because the TPP is the
document which determines what transportation and projects can compete for funding, staff
believes that it is important that the City of Shakopee comment on the draft and request that it be
modified significantly before it is adopted. The TPP in its current form ignores the need for
roadway and transit capacity investments that would serve not only the City of Shakopee but
residents and businesses on either side of the Minnesota River. The need for these capacity
investments is highlighted by the regional impacts of both the current flooding and Spring
flooding of the Minnesota River, which has closed a significant portion of the north-south
transportation network from U.S. 169 to Scott CR 25 in Belle Plaine.
Mr. Leek drafted a letter to be signed by Mayor Schmitt citing all of the concerns stated above
and asking that the TPP update not be adopted at this time until there is more significant dialogue
about the approach and balance taken in the update.
Lehman/Punt moved to direct staff to submit the letter, commenting on the Metropolitan Council
update of the Transportation Policy Plan (TPP), drafted by Mr. Leek to the Metropolitan Council
by the October 7, 2010 deadline. Motion carried 5-0.
LehmanlHeitzman moved to recess to a closed session, after a five minute recess, to discuss
labor negotiations, at 7:57 p.m. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 8:27 p.m. No action was taken by the City Council
during the closed session.
Heitzman/Punt moved to adjourn to Monday, October 11, 2010, at 7:00 p.m. Motion carried 5-0.
Meeting adjourned at 8:27 p.m.
J dith S. Cox
City Clerk
Kim Weckman
Recording Secretary