HomeMy WebLinkAbout5.F.2. Approve Minutes of October 24 and November 8, 2006
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OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 24, 2006
Mayor John Schmitt called the meeting to order at 6:30 p.m. with Council members Steve Clay,
Terry J oos, Steve Menden, and Matt Lehman (6:50 p.m.) present. Also present were Mark
McNeill, City Administrator; Kris Wilson, Assistant City Administrator; R. Michael Leek,
Community Development Director; Bruce Loney, Public Works Director/CityEngineer; Mike
Hullander (6:42 p.m.), Public Works Supervisor; Mark Themig, Parks, Recreation and Facilities
Director; Ed Schwaesdall, Fire Chief; Dan Hughes, Police Chief; Jeff Tate, Police Captain;
Gregg Voxland, Finance Director; and Judith S. Cox, City Clerk.
Mayor Schmitt stated there were no Consent items.
Michael Leek presented Council with the 2007 Transit Fund Budget. Mr. Leek stated that the
Transit funding comes from the Minnesota Vehic1e Excise Tax (MVET), and is passed from the
Minnesota Department of Revenue through the Metropolitan Council.
Mr. Leek said the services are comprised of circulatory service, van pools for trips outside
Shakopee and Dial-A-Ride services. Mr. Leek said the 2007 Transit Service Plan is $59,510.00
for Dial-A-Ride, $227,000.00 for Circulators, $94,000.00 for van pools, and $366,000.00 for
Express Services, which is new for 2007, for a total of $845,550.50. Mr. Leek responded to
questions.
Councilor Lehman arrived and took his seat.
Mr. Leek stated no action was needed for the Transit Budget.
Mr. Voxland presented Council with the 2007 Sewer and Storm Utility Budgets and Rates. Mr.
V oxland stated that proposed for inclusion in the 2007 fee schedule are rate changes for the
Sewer Fund and the Storm Fund.
Mr. Voxland said the 2006 sewer flow charge is $1.60 per thousand gallons and it is
recommended to increase it to $1.65. Mr. Voxland said the Metropolitan Council is decreasing
the treatment charge from $1,543.00 per million gallons to $1,527 per million gallons for a
decrease of 1.0%. Mr. Voxland stated the proposed base fee of $7.00 per month would increase
to $7.50.
Mr. Voxland said the average cost for 2006 for residential.sewer service for cities served by the
Metropolitan Council is $181.00 per year. Shakopee's cost is $180 per year. Mr. Voxland then
said the proposed rate increase, the average residential user's bill, would go from $8.00 per
month to $8.75.
Mr. V oxland advised Council that the City will now be maintaining the L-16 lift station and
added there would be a labor cost associated with the inheritance of the lift station from the
Metropolitan Council.
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Shakopee City Council Page -2-
Mr. Voxland said that, do to the increasing size of the system, a three percent increase in the
storm utility rate from $25.55 to $26.32 per Residential Equivalent Factor per quarter is
recommended. The residential bill would go from $2.84 per month to $2.90.
Council concurred with Mr. Voxland's recommended increases and advised him to proceed with
the increases.
Mr. V oxland presented Council with the Fire Call Billing. Mr. V oxland stated that billing for
fire calls in the city is another way to generate revenue. Mr. V oxland said that Shakopee has not
been charging for fire calls in the city except for false alarms over three per year. The cost of
calls in the city has been paid by taxpayers.
Mr. Voxland said there were 466 fire calls in Shakopee last year. At the rate of$250.00 that
could generate around $100,000.00 based on billing 400 calls. Ifbilling for just fire calls, it is
estimated that about $30,000.00 could be generated.
Chief Schwaesdall stated that in checking with insurance companies most people have coverage
through their homeowners insurance for fire calls. Chief Schwaesdall stated the city has never
collected from homeowner's in the past because he felt that the homeowner's have already paid
for fire call services through taxes. Chief Schwaesdall did state that he would like to see billing
false alarm calls as a way to generate revenue since 2/3rd of calls are for false alarms.
All Council members felt that false alarm calls should be charged out after one false alarm. They
also felt that residential homeowners should not be charged for fire services since they are
already paying for the service through taxes. Mr. McNeill said he would look into changing the
. City's policy regarding false alarm calls.
Mr. V oxland presented -Council with budget reduction options for the 2007 budget. Mr. V oxland
stated that the preliminary 2007 tax rate was set at 33.668. He then stated that the Council
directed staff to suggest ways to reduce the proposed levy to an estimate rate of 32.964.
Mr. V oxland provided a graph of comparative tax rates for 2006. Shakopee had the lowest tax
rate of30.9 in comparison with surrounding Scott County cities. Mr. Voxland stated that
Shakopee's tax rate was even lower than the metro average for 2006.
Mr. McNeill presented Council with a variety of ways to cut the budget to meet the goal tax rate
of 32.964.
LehmanlMenden moved to recess for 10 minutes. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 8:40 p.m.
Mr. Voxland stated the average home value in 2006 is $220,437.00 with a City tax of$643.00.
The average home value in 2007 is $234,053.00 with a City tax of $729.00 an increase of$86.39
at the 32.964 rate.
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Shakopee City Council Page -3-
Council members discussed each ofthe items identified by Mr. McNeill and decided on the
hiring of a police officer, police records supervisor, office service worker for the Fire
Department (starting July 1,2007), GIS position (starting in April), and a park and a street
maintenance worker. They also included seal coating, the Hometown Messenger, 50 percent of
the updated pay plan, congregate dining, Huber Park performances, $40,000 for Rec/Park
planning initiatives. The Council cut out of the budget the part-time Public Works office service
worker, a community survey, and the Recreation Superintendent position.
Mr. Voxland said with the changes approved by the Council the tax rate would be 31.974 or
11.1 %.
Mr. V oxland then presented Council with a Debt Policy. Mr. V oxland said the City does not
have a dept policy and said it is recommended practice by the Government Finance Officers
Association. Mr. V oxland said that this is something rating agencies are looking for as an
indication of sound financial management. Mr. V oxland presented Council debt policy language
that covers the major points. Mr. V oxland recommends adding the language to the budget.
All Council members agreed on the language and instructed Mr. V oxland to add it to the budget.
Mr. Voxland presented Council with the concept of building a facility in advance of the actual
need. He said the concept of building a facility in advance of the actual needed date does have
some economic advantages to avoid escalating construction costs. Mr. V oxland gave some
examples. . Mr. V oxland did caution Council that the public perception of having anew building
sit empty and generating revenue to pay the debt service in the that time would need to be
addressed. Council agreed to keep the concept as a future option.
Mr. V oxland then presented Council with the Vehicle Policy. Mr. V oxland stated that Council
should discuss the criteria for replacement and the rental term of vehicles. Council agreed that
this should be brought back for discussion after the vehicle maintenance program is up and
operational.
Mr. McNeill presented Council with League of Minnesota Legislative Policies that was deferred
from the October 17th Council meeting to allow Council members more time to read the
document. encl. Lehman stated that he disagrees with section SD-14 "Private Property Rights
and Takings." Mr. McNeill asked if it was the Council's agreement to notify the League of
Minnesota Cities Board of Directors that it endorses the policies as written. Council agreed.
Joos/Lehman moved to adjourn to October 30,2006 at 5:00 p.m. for the road opening ceremony
for 1 ih Avenue at County Road 83. Motion carried 5-0.
Meeting adjourned at 10:15 p.m.
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1 dith s. Cox Kim Weckman
City Clerk Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 08, 2006
Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay,
Terry Joos, Steve Menden, and Matt Lehman present. Also present were Mark McNeill, City
Administrator; Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Judith
S. Cox, City Clerk; Michael Leek, Community Development Director; and Bruce Loney, Public
Works Director/City Engineer.
The Pledge of Allegiance was cited.
Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mark McNeill
asked that 5.C.2, City Hall Carpet Replacement be removed from the Agenda. Mr. McNeill also
asked that 13.A.l, Review of Draft Scott County 2007-2016Transportation Improvement
Program be moved to l3.D.3.
JooslMenden moved to approve the agenda as amended. Motion carried 5-0.
Mayor Schmitt gave the Mayor's Report. Mayor Schmitt stated that 17th Avenue at CSAH 83 is
now open.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda as
published.
LehmanlMenden moved to approve the Consent Agenda. Motion carried 5-0.
Lehman/Menden offered Resolution No. 6522, A Resolution Accepting Work on the Dean Lake
Outlet Control Structure, Project No. 2005-7, and moved its adoption. (Motion Carried under the
Consent Agenda)
Lehman/Menden moved to declare the 2002 Chevrolet Tahoe, VIN: 1 GNEK13Z52J27277 4, the
1999 Chevrolet Cavalier, VIN: IGUCI247X7127520, and the 1996 Buick Regal, VIN:
2G4WB52MXT1400668 as surplus property. (Motion Carried under the Consent Agenda)
Lehman/Menden moved to authorize staff to enter into the Criminal History Record Maintenance
System Access Agreement. (Motion Carried under the Consent Agenda)
Lehman/Menden moved to authorize schematic design and agreements for site surveying for the
WestchesterIProvidence Point Park, Southbridge Area Park and Trail Development, and the
Southbridge/Dean Lakes trail construction. (Motion Carried under the Consent Agenda)
Lehman/Menden moved to approve the job description for the position of Chief of
Police/Emergency Management Director. (CC Document No. 424) (Motion Carried under the
Consent Agenda)
Lehman/Menden moved to authorize hiring of probationary police officer Timothy Backer at
Step 1 of the current labor contract. (Motion Carried under the Consent Agenda)
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Shakopee City Council Page -2-
Lehman/Menden moved to authorize the hiring of probationary police officer Mark Dominiak at
Step 1 of the current labor contract contingent upon successful completion of the required pre-.
employment screening. (Motion Carried under the Consent Agenda)
LehmanlMenden moved to approve the bills in the amount of $1,054,901.27. (Motion Carried
under the Consent Agenda)
Lehman/Menden moved to approve the City Council minutes of October 03,2006. (Motion
Carried under the Consent Agenda)
Lehman/Menden offered Resolution No. 6526, A Resolution Apportioning Assessments Among
New Parcels Created as a Result of the Platting ofRLS No. 199, and moved its adoption.
(Motion Carried under the Consent Agenda)
Lehman/Menden offered Resolution Number 6521, A Resolution Reassigning Special
Assessments for Dean Lakes RLS 198, and moved its adoption. (Motion Carried under the
Consent Agenda)
Lehman/Menden moved to authorize the purchase of the Minolta Bizhub 750 from Loffler
Companies, Inc. at a cost not to exceed $14,093.00. (Motion Carried under the Consent Agenda)
LehmanlMenden moved to approve the updates of the Two Year Goals and Action Plans.(CC
Document No. 425) (Motion Carried under the Consent Agenda)
Lehman/Menden offered Resolution No. 6528, A Resolution of the City of Shakopee,
Minnesota, Approving Premises Permit for CLIMB, and moved its adoption. (Motion Carried
under the Consent Agenda)
LehmanlMenden moved to approve the purchase of Laserfiche Weblink and six additional
retrieval licenses from the 2006 Telecommunications Fund budget at a cost not to exceed
$11,625.00. (Motion Carried under the Consent Agenda)
Mayor Schmitt asked if there was anyone in the audience that wished to address an issue that is
not on the agenda. No one responded.
Lehman/Clay moved to open the public hearing on the delinquent refuse bills from Dick's/
Lakeville Sanitation. Motion carried 5-0.
Mr. Loney presented the Council with Resolution No. 6525 that would assess property owners
for unpaid refuse and recycling services from the City's designated garbage hauler,
Dick'sILakeville Sanitation, Inc.
Mr. Loney stated that there are approximately 130 delinquent accounts for a total amount of
$34,798.26. Mr. Loney stated that the City has imposed a $45 administrative fee to each unpaid
bill to cover the City's cost in assessing these delinquent bills.
Cnc1. Lehman asked Mr. Loney if multi-family dwellings fall under the language of commercial
use where they have the option to choose their provider. Mr. Loney stated if the multi-family
unit is a duplex or triplex, the units would be required to have garbage service with Dick's
Official Proceedings of the November 08,2006
Shakopee City Council Page -3-
Sanitation per the City's contract. Mr. Loney also stated that there are two letters of appeal that
have been presented to Council. The first letter is from Teresa Walsh-Alfaro. Ms. Alfaro is
appealing her bill based on the fact that she does not need garbage service because she works for
a sanitation company and takes her garbage to work. The second letter is frqm William Brown
who states he's also appealing his past due garage bills.
Mayor Schmitt asked if anyone from the audience wished to speak. No one responded.
Menden/Joos moved to close the public hearing. Motion carried 5-0.
Cncl. Lehman also asked if dual bills are being sent out to the renters and property owners of
multi-family units. Ms. Wilson stated that some property owners have requested this from
Dick's Sanitation.
Clay/Lehman offered Resolution No. 6525, A Resolution Adopting Assessments for Delinquent
Garbage Bills, and moved its adoption. Motion Carried 5-0.
MendenlLehman moved to open the public hearing on the assessments for the 2006 Bituminous
Overlay, Project No. 2006-5.
Jeff Weyandt, Assistant City Engineer, presented Council with Resolution No. 6523, which
adopts the assessment for Project No. 2006-5.
Mr. Weyandt stated the final project cost is $853,832.74, which consists of construction costs,
financing costs and engineering/administration costs. Mr. Weyandt said the City's cost of the
project is $711,071.58 and the assessments are $142,761.16.
Mr. Weyandt said that 25% of the project costs are assessed to the benefiting properties.
Assessments were based on a per lot method with corner lots receiving a half lot assessment.
The assessment rate per unit is $706.50.
Mr. Loney stated for the record that the City has received one appeal of the assessment from
Manik and Tilak Gurusinghe.
Mayor Schmitt asked if anyone from the audience wished to speak on the subject.
Lawrence Samstad, 1342 10th Ave. E., addressed Council regarding a few issues about Project
No. 2006-5. Mr. Samstad stated that all of the correspondence regarding the overlay project
were addressed to Bernice Dellwo-Samstad, who is not the owner. Mr. Samstad would like the
information addressed to him instead of his wife.
Mr. Samstad also stated in 1984 when he built his house he came before the City Council to get
approval to have his driveway access on to 10th Avenue. At that time he was denied the access
to 10th A venue and subsequently had to have driveway access to Legion Street. Mr. Samstad
said that since his driveway does not access 10th A venue he should not be assessed for the
overlay project. Mr. Samstad said that in 1997 he was assessed for the overlay project on Legion
Street and does not feel he should pay for the 10th A venue overlay project.
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Shakopee City Council Page -4~
Mr. Loney stated that in 1997 when Legion, Shawmut, Naumkeag, Prairie, and Dakota Streets
were overlaid each lot received a full assessment. Since the comer lots on 10th A venue and the
above mentioned streets received a full assessment in 1997, the Council decided in October,
2006 to give an $80.00 credit to those residents.
Mr. Lehman advised Mr. Samstad that the assessment is not based on access to 10th Avenue.
The assessment is. based on property adjacent to 10th Avenue.
Gail Spellman, 1006 Naumkeag St., stated that she received a letter regarding the resurfacing of
10th A venue but never received a letter stating that they would be assessed for the 10th Avenue
overlay project. Mrs. Spellman also asked why property owners on 10th A venue were being
assessed for the project when the street is used by all residents of Shakopee.
Mr. Loney stated Mrs. Spellman should have received a letter regarding the public hearing about
the overlay project as well as a feasibility study. Mr. Loney also stated that city tax is paying for
75% of the project costs and the land owners adjacent to 10th Avenue are paying 25%. Mr.
Loney also stated that because Mrs. Spellman lives on the corner of 10th and Naumkeag she
received an $80.00 credit to the assessment because of the overlay project ofNaumkeag St. in
1997.
Lehman/Joos moved to close the public hearing. Motion carried 5-0.
Menden/Clay offered Resolution No. 6523, A Resolution Adopting Assessments for the 2006
Bituminous Overlay, Project No. 2006-5, and moved its adoption. Motion carried 5-0.
Mr. Thomson advised the public that if they wanted to appeal the assessments they would need
to file a written objection on 11/08/06 and give it to the City Clerk, and also file an action in
District Court within 30 days of 11/08/06.
Joos/Clay moved to open a public hearing on the assessments for the 2006 Reconstruction and
Tahpah Park Improvements, Project No. 2006~2. Motion carried 5-0.
Mr. Weyandt presented Council with Resolution No. 6524 which adopts the assessments. Mr.
Weyandt stated that the final project cost is $2,543,370.16, which consists of construction costs,
financing costs and engineering/administration costs. Mr. Weyandt also said the assessments to
. property owners was capped at $6,000 perproperty for a total of $574,632.34.
Mr. Weyandt said the street improvements were assessed on a front foot basis. Sanitary sewer
service replacement was assessed 100% to the benefiting properties.
Mayor Schmitt asked if there was anyone in the audience that wished to address the Council
regarding the assessments.
Bob Cole, 935 6th Avenue W., addressed the Council regarding the assessments. Mr. Cole stated
that his house is on the comer of 6th A venue and Webster Street. Mr. Cole stated that his
assessment is approximately $5,700.00 for the same sized lot as other homeowners who are only
being assessed $3,700.00. Mr. Cole said that he was assessed in full for Webster Street which is
being considered a new street construction as opposed to a reconstruction project.
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Shakopee City Council Page -5-
Robin McCullough, 927 W. 6th Avenue, addressed the Council regard the assessments. Mr.
McCullough stated that he is speaking in behalf Galvez, Cole, and the State Property. Mr.
McCullough agrees with Mr. Cole that the Webster Street construction should be considered a
reconstruction projected verses a new street construction project and be assessed at 25%.
Todd Laumann, 715 4th Ave. West, stated he opposes and has a written appeal for the
assessments of the project. Mr. Laumann stated he was assessed $6,000 and doesn't feel that the
street improvement has increased the value of his property proportionately.
Mr. Loney explained to Mr. Laumann that in the appeal process the City would need to prove
that the $6,000 assessment improved the sale value of the property. Mr. Loney also stated that
most appraisers agree that road improvements increases the value of properties.
Cncl. Clay advised Mr. Laumann that ifhe decides to appeal the process the burden is on the
property owner to prove that the benefit of the street improvement isn't there.
Darren Giese, 408 Cass St., advised Council that he is appealing the assessments. Mr. Giese
stated that he had to vacate 40 feet of his property because if 4th Avenue had gone through he
would not be able to afford the property. Mr. Giese stated that the City kept an easement for
trails and parks and other access. Mr. Giese stated he didn't get full access to the right ofwa~ or
the vacation of 4th Avenue. Mr. Giese stated that he has been assessed 40ft for the vacated 40
Avenue and doesn't have total use of the property. Mr. Giese also stated that he has concerns
about his sewer line. Mr. Giese said his sewer line is 2 feet below grade and was almost 3 feet
below grade until the road was cut down and lowered and hopes it doesn't freeze up.
Cncl. Lehman asked Mr. Weyandt about the sewer line runningto Mr. Giese's residence.
Mr. Weyandt stated that during the project the main sewer line was lowered a foot and a half
which gave additional cover over the service. The curb line where the service crosses was raised
up 4/10th and additional cover over the service line. The line was also insulated.
Mr. Lehman then asked Mr. Weyandt about the vacated property that the property owner doesn't
have access to.
Mr. Weyandt stated he was not aware of the history of when the street was vacated. Mr.
Weyandt said the front footage that Mr. Giese has on Cass Street is 174 feet and agrees that some
of that footage maybe from a 4th Avenue vacation. Mr. Weyandt stated that Mr. Giese would
have had a sizable assessment but the Council capped theamount at $6,000, so in essence did not
get assessed for an additional 40 feet.
Joos/Menden moved to close the public hearing. Motion carried 5-0.
Mayor Schmitt clarified with Mr. Weyandt that Mr. Cole paid for 30 feet of Webster and he paid
for 30 feet of 6th Avenue. Mr. Weyandt stated that was correct. Mayor Schmitt then asked Mr.
Loney and Mr. Weyandt if Mr. Cole was given credit for the curbing that was already on the
road. Mr. Loney stated Mr. Cole was not given a credit for the curbing. Mayor Schmitt stated
that he believes Mr. Cole should receive a credit because of the removed curbing because it was
a replacement. Mr. Weyandt agreed with Mayor Schmitt.
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Shakopee City Council Page -6-
JooslMenden offered Resolution No. 6524, A Resolution Adopting Assessments for the 2006
Street Reconstruction and Tahpah Park Improvements, Project No. 2006-2, and moved its
adoption. Discussion followed.
Cncl. Lehman stated he would like to amend Resolution No. 6524 to include a credit for the
property at 935 6th Ave. for the curb that was removed and have it reflected in the assessment by
the Engineering Department.
Mr. Weyandt said he did a quick calculation and Mr. Cole would receive approximately $180.00
credit. Mr. Weyandt said he spoke to Mr. Cole and Mr. Cole stated that even with the credit he
will still appeal the assessment.
Mayor Schmitt asked for a vote on the motion. Motion carried 5-0.
Mr. Thomson again stated for the audience the appeal process.
Lehman!Menden moved for a 10 minute recess. Motion carried 5-0.
Mayor Schmitt reconvened the meeting at 8:45 p.m.
Mayor Schmitt asked for the liaison reports from Council members. Cncl. Clay had nothing to
report. Cncl. Joos stated that he attended the utility commission meeting. Discussed was the
sewer and water fund. Cncl. Menden attended the school district meeting. Discussed was the
construction of the new pool behind the Sr. High school. Cncl. Lehman attended the
sesquicentennial planning meeting. Cncl. Lehman also had a meeting with Congressman Kline's
office and the engineering staff concerning the riverbank stabilization for the sewer line.
Bruce Loney, Public Works Director, presented Council with the 2006 Traffic Studies for
various intersections in Shakopee. Mr. Loney said the Engineering Department annually
conducts several traffic studies for stop sign warrants.
Mr. Loney said that throughout the year staff receives requests for traffic sign studies from
residents, council, and staff. The following traffic studies were completed:
1. Traffic Study # 1 - 11 th Avenue & Harris Street
2. Traffic Study #2 _lih Avenue & Valley Industrial Boulevard
3. Traffic Study #3 - Windsor Drive & Whitehall Road
4. Traffic Study #4 - Market Street & Shakopee Avenue.
Mr. Loney presented Council with the results of the study. In study #1 Mr. Loney stated that it
was petitioned for a four-way stop. After the study was conducted, the intersection does not
meet warrants for stop signs and thus no change in the signage is recommended. Current policy
is for an intersection to meet three out of five criteria.
In study #2 Mr. Loney said that staff received an inquiry about the proper speed and associated
signage on these roads. Mr. Loney stated that the traffic analysis does indicate that the 85th
percentile speed is higher than the posted 30 mphspeed limit. Staffis recommending additional
signage of30 mph on Valley Park Dr. Mr. Loney also stated that a higher posted speed limit in
Official Proceedings of the November 08, 2006
Shakopee City Council Page -7-
this area may be warranted. Mr. Loney also said that if Council agrees that a higher posted speed
limit is warranted then a speed study by MnlDOT would need to be done.
In study #3 Mr. Loney said that there was a request by the Southbridge Home Owner's
Association to conduct a study at the intersection of Windsor Dr. and Whitehall Road. The
analysis indicated that the intersection does meet the warrants for a two-way stop sign on
Whitehall Road.
In study #4 Mr. Loney said that staff received a petition to replace the two-way stop for a four-
way stop at the intersection of Market Street and Shakopee A venue. The analysis indicates that a
four-way stop is not warranted. Mr. Loney said that staff recommended that additional police
enforcement in the afternoon hours may be necessary to reduce the speed through the
intersection.
Cnc1. Lehman believes that the four studied intersections need addition police enforcement.
Cnc1. Lehman also suggested putting school crossing signage in addition to the stop signs at the
intersection of Whitehall Road and Windsor Drive. Mayor Schmitt would also like to see the
speed trailer at the various locations.
Mayor Schmitt asked if there was anyone in the audience who wished to comment about the
results of the traffic studies.
Tom Pitschneider, 1719 Windsor Circle, speaker for the Southbridge Homeowner's Association.
Mr. Pitschneider said that on behalf ofthe Southbridge Homeowner's Association, he would like
to thank City staff for their recommendations of putting in stop signs on Whitehall Road at the
intersection of Windsor Drive.
Lehman/Joos moved to accept the report for the traffic studies in 2006, and accept the
recommendations as included in the report,.along with placing school crossing signage on
Windsor Drive. Motion carried 5-0.
Michael Leek presented Council with an appeal of the Board of Adjustment and Appeals
Determination on Review of the Conditional Use Permit and Mineral Extraction and Land
Rehabilitation Permit for Shakopee Gravel.
Mr. Leek said that Shakopee Gravel, Inc., (SGI) has made application of an appeal of the annual
review of the Conditional Use Permit (CUP) and Mineral Extraction and Land Rehabilitation
Permit for their operation located at 1650 County Road 83. The Board of Adjustments and
appeals conducted a public hearing. The outcome of the public hearing was that SGr was
instructed by the Board to conduct a neighborhood meeting to discuss a number of issues and to
share the results from that meeting with the Board of Adjustments. The outcome of the meeting
was that the neighborhood preferred leaving the berm at its present height and slope, provided
additional trees were planted along the entire stretch of their development.
Mr. Leek stated that Council has been presented with a narrative and supporting documents that
addresses SGI's position on the Conditional Use Permit and Mineral Extraction and Land
Rehabilitation Permit. The Council also has the CityAttorney's letter of response to SGI.
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Shakopee City Council Page -8-
Mr. Leek also said that the second contention by SGI is that there is no authority on the part of
the City to impose a durationa1limitation on the length oftime the mine can operate. The Board
of Adjustment and Appeals wants to keep the language in the CUP that gives a time limitation as
to when the mining operation would end. The appellant had asked for other language that
allowed for an annual review of production of material from that site and potential adjustment.
Mr. Leek said that staff received an email yesterday from DSU about the Conditions. Mr. Leek
asked Council to look at condition number 6.e. of Resolution 6344. The condition sited is to
plant the trees a minimum of 10 feet off the property line. The agreement in one of the earlier
meetings was to plant trees along the 3 to 1 slope. Mentioned in the email was that they would
be unable to plant the trees on the 3 to 1 slope.
Mr. Leek then stated that the next issue was regard to number 12 of the CUP, Two tanks for the
storage of fuel shall be permitted on-site. There shall be no other fuel tanks on-site. The
appellant said there are four fuel tanks on site and is asking that the CUP be revised to reflect the
four fuel tanks.
Mr. Leek said the applicant is also asking that number 18 and 25 of the CUP, which discusses the
life of the mining operation and the end date, be revised to allow fluctuation of the end date
depending on the extraction of materials which could possibly go beyond the 2013 end date.
John Shardlow of Dahlgren, Shardlow, and Uban, Inc. (DSU), who is representing the owner of
SGI, Joel Spear. Mr. Shardlow spoke to Council about number 6 on the resolution. Mr.
Shardlow presented council with visuals of the 3-1 slope vs. the 2-1 slope and the 1-1 slope. .Mr.
Shardlow said that at the public meeting held with the homeowners surrounding SGI, they
wanted to work with the neighbors regarding the berm issue and the planting of the trees. Mr.
Shardlow said they would plant trees on both sides of the property line to provide more privacy.
Mr. Shardlow said that the homeowners agreed that they would prefer all of the trees planted on
SGI's property. Mr. Shardlow said the 302 trees that were agreed to be planted were intended to
be planted on both sides of the properties. Since the homeowners are not willing to allow trees
to be planted on their properties, Mr. Shardlow said the number of trees planted would be
reduced.
Mr. Shardlow then spoke about condition number 12. Mr. Shardlow said there are two diesel
tanks and two propane tanks on the property. The propane tanks on the property are used to heat
the buildings. Mr. Shardlow said he wanted clarification in the CUP regarding the propane
tanks.
Mr. Shardlow also discussed the duration time of the mining process. Mr. Shardlow said that as
it stands SGI is right on schedule with the extrication of the materials. SGI is asking that the
CUP condition regarding when the mine will be closed be left open in the event they haven't
been able to take full advantage of the mine.
Jack Perry of Briggs and Morgan Law Firm who is representingSGI addressed Council with
regard to the appeal and the duration of operation of the mine.
Cncl. Clay made a suggestion to the CUP language regarding the duration of operation. Cncl.
Clay suggested that if the mining wasn't finished by 2013 that 1/3 ofthe site needs to be
reclaimed then there could be an extension of the end date.
Official Proceedings of the November 08,2006
Shakopee City Council Page -9-
encl. Joos agreed with Mr. Clay but on the condition.that SGI was in compliance of the CUP and
the City wasn't receiving anymore complaints about SGI.
Cncl. Menden stated he was upset with the fact that SGI filed an appeal before reading the
resolution. Cncl. Menden said inthe three years that he's been on the Council each year SGI has
come before the Council regarding what should be done in relation to the conditions that are
imposed upon the operation. Cncl. Menden said that each time it comes before Council it's
because of what's not being met in the CUP.
Mayor Schmitt asked if there was anyone in the audience who wished to speak on this matter.
Tony Robran, 1821 Wyndam Dr., wanted to comment on the duration of time the mine will be
open. Mr. Robran does not want to see an open ended end date for SGI. He would like an end
date set per the Resolution.
A resident said that SGI has approached the neighborhoods with diagrams of the trees and berms
they plan on doing. He said that a majority of the neighborhood is happy with the outcome.
Lehman/Joos directed staff to prepare the resolution upholding the determination of the Board of
Adjustment and Appeals decision on the CUP for Shako pee Gravel, Inc. with amendments as
presented regarding conditions 6.e. and 12 (tree planting plan and the number of tanks on site)
and directed staff to place the item on the next available Council agenda for review. Discussion
followed.
Cncl. Lehman would also like to direct staff to have the drainage swales area looked at by the
Engineering Department so the residential properties are protected.
Cncl. Clay wanted the appellant to be aware that the Council is willing to be flexible about the
end date as the future unfolds.
Mr. Thomson stated that the end date issue can be resolved at a later date and does not have to be
a part of the CUP.
Mayor Schmitt asked for a vote on the motion. Motion carried 5-0.
Lehman/Joos moved to direct staffto have the drainage swales area looked at by the Engineering
Department so the residential properties are protected. Motion carried 5-0.
Mr. Leek presented Nancy Frick, Project Manager from SRF Consultants, Leslie Vermillion,
Scott County Public Works Director, and Mitch Rasmussen, Scott County Engineer.
Nancy Frick presented Council with a PowerPoint presentation for Scott County State Aid
Highway 21 DIES (Draft Environmental Impact Statement). Ms. Frick discussed the purpose of
the project as well as the history behind the project. Ms. Frick also discussed the alternative
refinement, the impact of the study and what lies ahead in the future for County Road 21.
Joos/Menden moved to extend the meeting to 11 :30 p.m. Motion carried 5-0.
Official Proceedings of the November 08, 2006
Shakopee City Council Page -10-
Mr. Loney presented council with the review of a draft Scott County 2007-2016.Transportation
Improvement Program (TIP). Mr. Loney stated that review and comments are needed before
consideration by the County Board.
Mr. Loney said the Scott County Highway Department prepares a TIP every year. The purpose
ofthe item is to review the draft 2007-2016 TIP and provide comments to the County. In the
review of the County's TIP, staff would have the following comments.
1. CSAH 101, from T.R. 169 (west) to T.R. 169 (east) is programmed for improvements
from 2007 to 2013 with the County using available State turnback funds.
2. CSAH 21 is programmed for improvements from CSAH 16 to CSAH 18 in 2008 and
from CSAH 42 to CSAH 16 in 2010.
3. CSAR 17 improvements for St. Francis Avenue to CSAH 42 moved back to 2013.
4. CSAH 15 from T.R. 169 to lih Avenue improvements is shown in 2014.
5. CSAH 16, from CSAH 83 to CSAH 21 improvements, did not make the 2007-2016
TIP based on current values.
6. Traffic signals are included in a lump sum amount in the TIP to accommodate signal
locations that meet warrants.
Mr. Loney asked Council for comments to give to the County. Cnc1. Menden feels that the
CSAH 17 improvement for St. Francis A venue to CSAR 42 and CSAH 16 from CSAR 83 to
CSAH 21 improvements should be moved up on the schedule. Cncl. Joos especially agreed with
the CSAH 17 improvements being moved up.
Mr. Rasmussen said that the County's right-of-way percentage that is being used is consuming a
lot of dollars and has forced the County to stretch projects over additional years. He also said
that construction costs have gone up over the past year.
Mr. Loney asked if there were any other suggestions the Council would like to make to the
County regarding the TIP. Cnc1. Lehman added Valley View Road connection with the 21
update.
Mayor Schmitt asked the Council members if they had any comment on the AMM Legislative
Policies. Cncl. Lehman said he disagreed with the AMM statement regarding eminent domain,
IlLJ. Cnc1. Joos would like to see the second paragraph on 1.E. regarding Fiscal Disparities
dropped. Cnc1.Clay would liketo see "This Old House" on page 12 of the document deleted.
Cncl. Joos agreed. Cncl. Lehman would like it kept in the document, but would like to see the
eminent domain language changed or deleted.
Menden/Joos moved to endorse the legislative policies of the AMM. Motion carried 4-1 with
Cncl. Lehman dissenting.
Mayor Schmitt discussed the appointments to the Park and Recreation Advisory Board and
Environmental Advisory Committee.
Official Proceedings of the November 08, 2006
Shakopee City Council Page -11~
Menden/Joos offered Resolution 6527, A Resolution Appointing Individuals to the Park and
Recreation Advisory Board and Environmental Advisory Committee, and moved its adoption,
and would recommend appointing Shannon Zeper to the Park and Recreation Board. Motion
carried 5~O.
Mr. McNeill recommended postponing the closed session regarding labor negotiations until the
. next Council meeting.
Joos/Lehman moved to adjourn to Tuesday, November 14, 2006 at 6:30 p.m. at the Police
Department. Motion carried 5-0.
The Council meeting ended at 11:46 p.m. on November 8, 2006.
rJJ.~
dith s. Cox
City Clerk
Kim Weckman
Recording Secretary