HomeMy WebLinkAbout7. Approval of Minutes: April 06,2004
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SfUU(OPEE,NUNNESOTA APRIL 6, 2004
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Helkamp,
Lehman, Menden and Joos present. Also present: Mark McNeill, City Administrator; Judith S.
Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public
Works Director/City Engineer; Gregg V oxland, Finance Director; Jim Thomson, City Attorney
and Mark Themig, Facilities and Recreation Director.
The pledge of allegiance was recited.
Helkamp/Menden moved to approve the Agenda as written. Motion carried 5-0.
Mayor Schmitt noted he met with the School District Superintendent, and the Chair of the School
Board and Mr. McNeill, City Administrator. He noted at that meeting it was decided that the
City and the School District should meet on a regular basis to discuss items of mutual interest.
He noted he met with Scott County Administrator, Dave Unmacht, Jerry Hennen, Commissioner
of Scott County - partial Shakopee) and Ms. Barbara Marschall, Commissioner of Scott County
(partial Shakopee) in an attempt to have the County and the City working together on mutual
interest projects.
The following item was added to the Consent Agenda. IS.F.I. Board of Review.
The following items were removed from the Consent Agenda. 15. A.I. St. Mary's Church
Request for Temporary Street closing; 15.D.3. Purchase of Tractor for Parks Division and I5.D.
4. Agreement with Scott County for Modification of Signal at CSAH 69 and Fuller and Removal
of Signal at Scott and CSAH 69.
LehmanlHelkamp moved to approve the Consent Agenda as modified. Motion carried 5-0.
Mayor Schmitt asked if there were any citizens present in the audience who wished to address
any item not on the agenda. There was no response.
LehmanlHelkamp moved to approve the meeting minutes for March 16,2004. (Motion carried
under the Consent Agenda).
Lehman/Helkamp moved to approve the bills in the amount of$329,778.35 plus $30,453.52 for
refunds, returns and pass through for a total of $360,231.87. (Motion carried under the Consent
Agenda), [The list of bills is posted on the bulletin board at City Hall for one month following
approval].
Mayor Schmitt opened the public hearing on Proposed Improvements to Weinandt Acres 1 sl
Addition, Project No. 2004-1.
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Mr. Loney, Public Works Director/City Engineer, reported on the proposed street reconstruction
for the Weinandt Acres streets of 29th A venue, from Marcia Lane to CSAH 17; Marcia Lane,
from 29th Avenue to the Plat Line ofWeinandt Acres 1 st Addition, and Maxine Circle. Mr.
Loney noted that a feasibility report had been ordered in December of2003 and was accepted by
the Council earlier this year for Project No. 2004-1. Mr. Loney oriented the project. He noted
these roads had been put in during the early 1980's and this was a rural subdivision. Mr. Loney
stated the feasibility report noted the effectiveness of reconstructing these streets and estimated
costs were also provided in the feasibility report. A letter was received last year from the
residents ofWeinandt Acres 1st Addition asking the City to place this project in 2003. However,
it was too late in the year for this project to happen in 2003. This street reconstruction of
Weinandt Acres 1 st Addition was put in the 2004 CIP. Mr. Loney stated the streets in Weinandt
Acres 1 st Addition were quite bad and were in need of reconstruction. He explained the condition
of the streets. He noted the City was looking at upgrading the road to 7-ton design. Soil borings
had been taken to get an indication of what was needed for Project No. 2004-1.
Mr. Loney noted the total estimated cost for Project No. 2004-1 was $322,797. He stated 25% of
Project No. 2004-1 would be assessed. The City was proposing to assess this project ona per lot
basis. He noted lots large enough for future subdivision would be assessed as future lots. The
remainder of the funding (7S%) would come from the General Tax Levy Funds, The estimated
assessment rate, at this time, would be $4,747 per unit. Mr. Loney noted there were two lots that
could not be assessed because their access came off another street. He noted the property north
of 29th A venue was large enough to accommodate two lots; therefore, they were assessed two
units. He stated the proposed costs were prepared using 2003 construction dollars. He stated
these costs were subject to change depending on the design, actual bids received and the actual
work performed. He noted the engineering, administrative costs along with a 10% percent
contingency allowance was included in the estimated cost.
Mr. Loney noted the unresolved drainage issue in the area had again been brought to his
attention. This issue involved the blanket drainage easement issue on the property to the north
now owned by the Welch's and the property owners in Weinandt Acres 1st Addition. He noted
this blanket drainage easement was assigned to the City and the properties in Weinandt Acres 15t
Addition.
Mr. Loney stated Project No. 2004-1 was essentially for the roadway improvements leaving the
drainage as is. The drainage issue would still be out there. Mr. Loney noted the City did adopt
Resolution No. 5764 in 2002 vacating the blanket easement on the Welch property but keeping
225 feet of the south portion of the parcel for the drainage easement. Because the 225 feet of the
south portion was unacceptable to the Welch's, Resolution No, 5764 had never been recorded.
Mr. Loney noted a meeting was held with the City Attorney, the City Engineer, the Welch's
engineer in an attempt to bring back another easement; this easement had never been finalized,
He noted there was also a meeting between the Welch's and the residents ofWeinandt Acres 15t
Addition to try and resolve this issue. Right now this issue was still unresolved.
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Mr. Loney stated the City should be able to get at least 25 to 30 years from the newly constructed
streets in Weinandt Acres 1 st Addition with ongoing street maintenance that needed to be done
under normal conditions. The City was looking at really beefing up the sub base and the support
for the pavement. The extra room that may be needed for City sewer and water, curb and gutter
and possible extra storm sewer in the future was also taken into consideration.
The drainage of the area was discussed. Mr. Loney noted the drainage to Weinandt Acres 1st
Addition came from two areas. Mr. Loney stated the capacity of the culvert would be looked at
and if need be the City would replace the old culvert with a larger capacity culvert. It was the
general consensus of staff that the road failed because of poor construction, lack of class five
aggregate and lack of bituminous.
Harry Weinandt, 1259 Maxine Circle, developer ofWeinandt Acres 1st Addition, approached the
podium and thanked the City for looking at this project. He would like to see the City do
something about overweight trucks on a 5-ton road.
Julie Welch, 2700 Santee Trail, Prior Lake, approached the podium and stated this was an
assessment public hearing but an easement issue between some of the Weinandt Acres 1 st
Addition homeowners and their property (Welch's) was involved. She noted the blanket '
easement on their property has not been defined down and this blanket easement would not allow
them to secure financing for a home on this property. She stated the homeowners in Weinandt
Acres! st Addition were assessed for one lot each and they were assessed for two lots. She noted
their land was currently zoned agricultural with one home per 40 acres. She noted that they did
not petition the City to reconstruct the road. She noted that they would only benefit from the
new road when they actually could use their property. They were open to negotiate the double
assessment ifthe blanket easement could be resolved. If the blanket easement could not be
resolved, the road would be of no value to them and they would contest the assessment. They
felt some of the homeowners of the Weinandt Acres 1st Additionwere holding their property
ransom asking for an unreasonable amount of easement. This did not seem fair to her. She did
note the City through Resolution No. 5857 was vacating their portion ofthe blanket easement
with a mutually acceptable replacement and a hold harmless clause from the Welch's for
drainage in favor of the City, however, their property was still subject to the homeowners of
Weinandt Acres 1st Addition and their possession of the blanket easement. She would like this
issue resolved very soon in a fair manner to all. The drainage issue between the City and the
Welch's had been resolved; it was the drainage easement between the Welch's and the residents
ofWeinandt Acres 1 st Addition that remained an issue.
Ms. Welch felt this was a wetland retention issue with many residents of Weinandt Acres 1 st
Addition rather than a drainage issue. She felt that she and her husband had bent over backwards
for the residents of Weinandt Acres 1 st Addition. She noted how her property drained. She noted
water from Weinandt Acres 1 st Addition drained onto her property and she had no dispute with
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that drainage. She stated that she did see benefit of having access off 29th A venue when they
were allowed to have a home on their property.
Harry Weinandt noted there had been two public hearings on the drainage easement issue and
several other meetings and no agreement could be arrived at. He noted tonight was about a road
reconstruction project and not the drainage, at this time; he did not want the drainage issue to be
a reason for holding up the reconstruction of the streets of Weinandt Acres 1 st Addition. He felt
these were two separate issues.
Mr. Leek stated the zoning was agricultural but the area was guided rural residential. This
qualified the land to be rezoned to rural residential and this rural residential zoning allowed one
home per ten acres. This property could be rezoned for two parcels and the assessments for the
reconstruction of 29th Avenue could be assessed to the Welch's as two parcels.
Mayor Schmitt asked if there was anyone else from the public who wished to comment. There
was no response.
Lehman/Joos moved to close the public hearing. Motion carried 5-0.
Joos/Menden offered Resolution No. 6032, A Resolution Ordering An Improvement And
Preparation Of Plans And Specifications For Weinandt Acres 1st Addition Street Reconstruction,
Project No. 2004-1, and moved its adoption.
Jim Thomson, City Attorney addressed Cncl. Menden's question on civil expenses and the City's
liability regarding proceeding with Project No. 2004-1 without having the easement issue settled.
Mr. Thomson stated this was a Council decision but the project could proceed if the City Council
chose to proceed. Mr. Thomson stated the easement could be addressed separately. There were
General Funds (paid by all taxpayers) being expended on this project. Mr. Loney noted the
project was not officially petitioned; the City received a letter requesting this improvement to
Weinandt Acres pt Addition be put into 2003. Mr. Loney stated this was a Council initiative
project rather than a petition based project. Mr. Thomson stated without a petition it took four
affirmative votes for this improvement to proceed.
Mr. Loney gave some history of how the City had tried to handle the blanket easement with
Weinandt Acres 1 st Addition and the Welch's.
Mr. Thomson stated the blanket easement ran in favor of the City and the homeowners in
Weinandt Acres 1 st Addition. He noted the City could take care of the City's side by an
appropriate vacation Vis A Vi the City and the Welch's; the City could vacate this drainage
easement. However, the City did not have control over what the homeowners ofWeinandt Acres
would do, Mr. Thomson noted the City's interest and the Weinandt Acres 1 st Addition interest in
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the drainage easement was the same. This interest was to take care of the drainage from the
Weinandt Acres 151 Addition plat.
Mayor Schmitt noted there was a blanket easement on the Welch property. The assessment was
approximately $10,000 for access to their property that at the present time they could not build a
home on it because no financing was available because of the 100% easement on their property.
Mayor Schmitt stated at this point he felt this was a one sided street and doing this project now
would put the City at risk.
Cnc1. J oos felt the City had done everything they could to get the blanket easement issue
resolved, it was the Weinandt Acres 151 Addition property owners that needed to come forward
and take care of their issues.
Cnc1. Helkamp was of the opinion that if the blanket easement issue was not resolved the
Welch's property may not see sufficient benefit for the amount they were being assessed. He
stated the taxpayers could be picking up almost $10,000 more if the assessment would be
contested; there was a very great possibility if the benefit was not high enough the City taxpayers
would be picking up a big share of that assessment also.
Mayor Schmitt stated this issue needed to be resolved. Mayor Schmitt noted that Weinandt
Acres 151 Addition Street Reconstruction issue could be tabled and continued to a future date and
direction given to the parties involved.
Lehman/Helkamp moved to table the proposed improvements to Weinandt Acres 15t Addition
Street Reconstruction Project No. 2004-1 to May 4, 2004. Motion carried 5-0.
Direction was given for a meeting to be held at City hall with the Welch's and residents of
Weinandt Acres 151 Addition with someone from the City acting as a facilitator. It was noted that
staff would get a hold of the parties and set a meeting at City Hall within 30 days of tonight's
public hearing so a resolution could be brought back to the May 4th meeting.
Harry Weinandt noted this was a public hearing on the road and had nothing to do with an
easement on the north side. Mayor Schmitt addressed this statement.
Lehman/Menden moved to open the public hearing on the proposed improvements to Prairie
View Additions, Project No. 2004-2. Mayor Schmitt declared the hearing now opened.
Mr. Loney reported on the proposed street bituminous overlay for the Prairie View Additions.
He noted on December 16, 2003 a feasibility study had been ordered for this proposed project.
Council had accepted this feasibility study earlier this year. This bituminous overlay would be
for: Pierce Street, from 10th A venue to the Westwind Addition; Shumway Street, from 10th
A venue to McDevitt Street; Menke CirGle; Menke A venue; McDevitt Street; Hennes A venue,
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from Pierce Street to Apgar Street and Thomas Avenue, from Pierce Street to Apgar Street. Mr.
Loney oriented the area to receive the bituminous overlay. Mr. Loney noted this project was in
the CIP for 1997 but was removed because of the cost at that time. Mr. Loney explained that the
feasibility study looked at the effectiveness of doing this project. He noted Project No. 2004-2
was basically a bituminous overlay to improve the strength and stability of the bituminous
pavement. He noted the streets were constructed in the 1970's. The City was looking at
feathering and doing some milling along the edges of the curb and then applying a 2-inch
overlay. This proposal was $209,000. There would be no sanitary sewer improvement or repairs
or water main improvements because none were needed at this time. There were some storm
sewer improvements needed at this time, however. The cost for the storm sewer improvements
were estimated to be about $32,000 and would be paid out ofthe Storm Drainage Fund. Mr.
Loney noted there were no easements needed to do this project.
Mr. Loney noted 25% of this project would be assessed and this assessment would be done on a
per lot basis. The remainder of75% would come out of the General Tax Levy Fund. The
estimated rate for the street improvement was $513.77 per unit. The total cost of Project No.
2004-2 was approximately $241,862.
Mr. Loney noted there had been an information meeting with the residents and Project No. 2004-
2 along with the costs were explained. The residents had questions regarding the interest rate
and the terms of the assessment. Mr. Loney explained these answers.
An issue had been brought up regarding a segment ofthe project where there was a bituminous
curb rather than a concrete curb. This portion (about 100 to 200 feet) was on Hennes Avenue
and this' was thought to have occurred because of the possibility of someday reconstructing
Apgar Street to a paved road from a gravel road. However, Apgar Street was vacated rather than
improved. The homeowner on this bituminous curb portion wanted Council direction on this
curb becoming a concrete curb.
.
Mr. Loney was of the opinion that Project No. 2004-2 was necessary. Staff was ofthe opinion
that the concrete curb to replace the bituminous curb could be added to the total project cost and
assessed out proportionally. There was also a contingency fund if need be; the cost of Project
No. 2004-2 may not be affected at all by this slight amount of a concrete curb, This was an
unknown. lfthe assessment was affected it would affect each assessment no more than $50.00
with the City's portion of the assessment also being affected.
Jim Hennes, 591 Hennes Avenue, stated the bituminous curb ran partially in front of his home.
He noted it was in his purchase agreement that he had already paid for the concrete curb. He
stated he had already paid for the concrete curb and he did not feel he should be assessed for the
concrete curb again. He noted the bituminous curb in place now had been in for about 30 years
and had outlived its lifetime. If this curb was not replaced now it would need to be replaced
soon. He had no problem with th~ assessment for the bituminous overlay. Mr. Loney noted he
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would follow-up and see when the bituminous curb went in and if Mr. Hennes or the developer
had been assessed for a concrete curb.
Dave Rief, 571 Hennes Avenue, approached the podium and stated when the development went
in next-door he was told that the bituminous curb would be taken out, replaced with concrete
curb and matched in. Rather the new concrete curbing was matched up to the old bituminous
curb. He would like this taken care of.
Mayor Schmitt asked if there was anyone else from the public who wished to comment. There
was no response.
Lehman/Menden moved to close the public hearing. Motion carried 5-0.
Mr. Loney and Cncl. Lehman noted it was not uncommon to pay for a road improvement twice
in one's lifetime. Mr. Loney stated the bituminous curb did cost some money too. Mr. Loney
stated the portion of concrete curb was not a significant cost over the whole area.
Helkamp/Joos offered Resolution No. 6031, A Resolution Ordering An Improvement And
Preparation Of Plans And Specifications For Prairie View Additions Overlay, Project No. 2004-
2, and moved its adoption and also directed staff to include replacement of the bituminous curb
with concrete curb. Motion carried S-O.
Mr. Bruce Kimmel, Springsted Financial Consultants, reported on the results of the sale of
2004A Improvements Bonds and 2004B Refunding Bonds. Mr. Kimmel stated the 2004A
Bonds were issued to finance three improvement projects. These projects are: 1) West Dean
Lake, 2) Valley View/Greenfield and 3) Vierling Drive/County Road 15 East projects. Mr.
Kimmel stated the 2004B refunding bonds were an advanced refunding of the 2006/17 maturities
of the 1997A General Obligation Building Bonds.
Mr. Kimmel noted two bids were received from two syndicates on each of the two bond issues.
Mr. Kimmel stated the winning bid by UBS Financial Services Inc. on the 2004A bonds had a
true interest cost of3.78%. The winning bid on the 2004B bonds from UBS Financial Services
Inc. had a true interest rate of 3.71 %. Mr. Kimmel noted these interest rates were higher than
projected earlier this year. Mr. Kimmel stated he thought that the interest rate for the City did
not go up as much as normally expected when good economic news was heard because of the
new upgrade in the City's credit rating. Mr. Kimmel stated the City would be saving
significantly on the 2004B refunding bonds.
Mr. Kimmel explained the difference in the2004B bonds bid between Piper, Jaffray & Co, and
UBS Financial Service Inc.
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Mr. Kimmel noted the credit rating upgrade that the City received from Moody's Investor's
Services. The City of Shakopee jumped from an Al credit rating to a credit rating of Aa3. This
jump was more than just one notch of an upgrade. Mr. Kimmel noted there just twenty-five
other cities in the State of Minnesota that had a double Aa rating. Mr. Kimmel stated this
impressive credit upgrade was a credit to the Council and City staffs leadership.
Lehman/Helkamp offered Resolution No, 6036, A Resolution Awarding The Sale Of$4,225,000
General Obligation Improvement Bonds, Series 2004A Fixing Their Form And Specifications;
Directing Their Execution And Delivery; And Providing For Their Payment, and moved its
adoption. Motion carried 5-0.
Lehman/Helkamp offered Resolution No. 6037, A Resolution Awarding The Sale Of$2,280,OOO
General Obligation Building Refunding Bonds, Series 2004B; Fixing Their Form And
Specifications; Directing Their Execution And Delivery; Providing For Their Payment;
Providing For Their Escrowing And Investment Of The Proceeds Thereof; And Providing For
The Redemption Of Bonds Refunded Thereby, and moved its adoption. Motion carried 5-0.
Lehman/Helkamp moved to recess at 8: 17 p.m. Motion carried 5-0.
Mayor Schmitt re-convened the City Council meeting at 8:28 p.m.
Mr. McNeill reported on St. Mary's Parish request for the temporary street closing of 6th Avenue
from Sommerville Street to Lewis Street from June 2S to June 28, 2004 for the St. Mary's Parish
Feastand Fun Festival.
Mayor Schmitt wondered if the residents on the south side of the street had been talk with about
this temporary street closure.
Anita Stevens, 213 West 8th Avenue, representing St. Mary's Feast and Fun approached the
podium and stated they would like the street to be temporarily closed for four days but the
residents would still have access to their driveways except for on Sunday. Ms, Stevens noted a
freestanding tent (80 x 30) held down with water filled balloons would be set up on the street
from 6th and Sommerville to the first driveway. She stated the residents had been spoken with.
Helkamp/Menden moved to authorize the appropriate City staff to close 6th A venue from
Sommerville Street to Lewis Street from June 25 to June 28, 2004. Motion carried 5-0.
Mr. Hennen, Scott County Commissioner for Shakopee, third district, approached the podium
and noted how the City and Scott County worked together to build the new Library. Ms. Barbara
Marschall, also Scott County Commissioner for parts of Shakopee and Prior Lake, stated that she
thought there was good communication between Scott County and the City of Shakopee on
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common issues. She was pleased that the Scott County Alliance for Leadership and Efficiency
(SCALE) was working well. She saw SCALE as a good fit with the City of Shakopee.
Mr. Dave Unmacht, Scott County Administrator, approached the podium and gave a state of
Scott County report. He shared the County's nine major strategic initiatives (highest priorities)
with the Council and the audience. He stated the County Board did not adopt a set of goals for
2004, rather under the direction of all the County Commissioners, the County was looking at
global ends for the County. Mr. Unmacht stated the strategies would not change unless there was
a dramatic change in the way Scott County conducted their business. The details to the strategies
would change every year, however.
Mr. Unmacht also explained the changes in the design of the new Law enforcement Center. The
design changed because of the cost of the original design. There would be no curves to the
building now; there would be less glass and less masonry. Mr. Unmacht stated this redesign
resulted in approximately $1,000,000 in savings.
Cnc1. Menden noted he attended a School Board meeting and at that meeting the School Board
noted they were looking at possible opportunities to work with the City on common issues and
on design concerns for the new school. He noted he attended the Vision Shakopee meeting and
they discussed the Vision Shakopee Banquet and funding mechanisms to keep Vision Shakopee
a viable organization.
Cnc1. Joos noted he attended the Shakopee Public Utilities Commission (SPUC) meeting. The
meeting centered around discussion on the new SPUC building, undergrounding powerlines on
Sarazin Street and the franchise fee.
Cnc1. Lehman noted he and Mr. McNeill and Gary Carlson, from the League of Minnesota
Cities, met with Gary Pogemiller, Senator, and Chair of the Senate Tax Committee, and
discussed tax issues at the Capital. Cnc1. Lehman stated that the fair Market Value Credit would
most likely be going away for 2005 and this would leave the City with a short fall. Cncl.
Lehman noted there had been some discussion about a growth multiplier of some type. The State
did recognize that growing cities needed some kind of a revenue stream for ongoing services.
Cnc1. Lehman also attended the Park and Recreation Advisory Board (PRAB) meeting. He noted
there was discussion about the PRAB sending a liaison person to the School Board meetings
regarding recreation uses. Cncl. Lehman asked direction on this issue from the Council. He
noted he was looking for direction to take to the PRAB on the liaison position. He noted the
PRAB also discussed a park dedication ordinance change. There were several issues in the park
dedication ordinance that concerned him. Some of the inequities were now out of the park
dedication ordinance, He noted the Shakopee Showcase was Tuesday, April 27, 2004 from 6:00
p.m. to 8 :00 p.m. at Canterbury Park.
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lt was decided that Cncl. Menden, liaison to the School Board from the City Council, should be
the interface between the School Board and the Park and Recreation Department.
Helkamp/Menden moved to recess at 9:07 p.m. for the purpose of conducting the Economic
Development Authority meeting. Motion carried 5-0.
Mayor Schmitt re-convened the April 6, 2004 City Council meeting at 9:08 p.m.
Mr. Leek, Community Development Director, reported on the preliminary plat and conditional
use permit for the Church Addition located in the southeast comer of 16/83. Mr. Leek oriented
the site via the document camera. He noted this property was zoned Planned Residential District.
He noted the City Code allowed single-family to neighborhood commercial as permitted uses;
however, some of the uses required a conditional use permit. Every use other than single-family
use in this district required a conditional use permit. A portion of the site was requesting
attached medium density housing and therefore, a conditional use permit was needed for that site.
He noted the attached housing for this development was proposed as several different size town
home units. He noted the principal access to the development would be off County Road 16 with
limited access off County Road 83. He noted in the south central portion of the site (Outlot B)
an area of park dedication was being proposed. He noted it was the desire of the Shakopee
Public Utilities Commission (SPUC) to place a submersible well in the proposed park land area
and just to the outside of the park land area in the utility easement would be a well and a well
house. There were conditions in the proposed Resolution No 6035 that pertained to these wells.
A net density of7.9 units per acre was being proposed. The park dedication was being proposed
to be taken in the combination of cash and land as well as development of the park.
Mr. Leek highlighted some ofthe key conditions in Resolution No. 603S. He noted the
conditions that addressed the wells and Shakopee Public Utilities (SPUC). Mr, Leek noted that
the wells that SPUC wanted to put in were not fmalized yet; therefore, conditions were included
in Resolution No. 6035 to establish how the proposed well area would be handled if no
agreement could be reached regarding the wells. Mr. Leek noted there was a condition that
stipulated how park dedication was to be handled. He noted the cash contribution would be
calculated at the time of final plat. Mr. Leek stated City Ordinance required 300 feet of public
road frontage for parks. What the developer was proposing here did not have that front footage
so a condition was included that waived this requirement for this park. He noted visual and noise
mitigation concern of the Planning Commission was also addressed in a condition. He noted
specific conditions regarding the best management practices that the City used for erosion
control were also included in the conditions as recommended by the Environmental Committee.
Mr. Leek noted with these conditions the Planning Commission was recommending approval of
the preliminary plat and the conditional use permit to the City Council. Mr. Leek did share with
the Council some of the elevations provided by the developer for this development. He noted
that staff would continue to work with the developer because he did not think these elevations
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met the City's Ordinance requirement for architectural materials and design standards at this
point.
Mayor Schmitt asked about right and left turn lanes. Mr. Leek addressed this question as well as
Cncl. Lehman's concerns on stacking capacity. Mr. Loney, Public Works Director /City
Engineer confirmed Mr. Leeks answer.
Gary WollscWager, Tollefson Development, noted that SPUC expressed the desire to purchase
the land where the wells would be located but he had seen no proposal from SPUC yet. He noted
how the proposed well sites would be used if SPUC did not use the area for their wells. He
stated he did a have a couple of concerns. One of these concerns was the condition that
addressed the wells and the final plat review. He did not feel the final plat review should be
contingent on the wells, He did not have a problem with the sale of the land to SPUC for the
wells. He was not sure of the timing for putting in the wells that SPUC was working with and
this was his concern. Mr. Wollschlager clarified that six solid feet of screening would not be
required on the commercial part of the site but just on the property, line along the residential
portion of the site. Mr. WollscWager asked about the screening of all utility meters. Mr. Leek
addressed the condition pertaining to screening utility meters. He also noted that in a meeting
with SPUC, SPUC said they would buy the property and not require the City to take an easement
from them so the City could use the property owned by SPUC for park purposes. SPUC's
understanding was that an easement would be in place around the area of the submersible well so
the land could be used for park purposes when SPUC purchased the land from Tollefson
Development. It was noted that SPUC expected the value of the land would be affected by this
easement.
Mr. WollscWager noted that a condition could be added to Resolution No. 6035 stating that if
SPUC did not purchase the area in the utility easement for their well and well house that the land
would then become part of the common area that was maintained by the Homeowner's
Association for the residential portion of the property.
Mr. Wollschlager addressed the building plans themselves. He noted he provided the elevations
to the City so he could get some feedback to see where the builder needed to make changes. He
did not think the footprints of the buildings would be changed just the materials. He noted the
builder was willing to try and dress up the buildings.
Helkarnp/Lehman offered Resolution No. 6035, A Resolution Of The City Of Shako pee,
Minnesota Approving The Preliminary Plat of Church Addition And A Conditional Use Permit
(CUP) To Allow Development Consistent With The Medium Density Residential (R2) Zone In
The Planned Residential District (PRD), and moved its adoption with the deletion of condition of
II.B.I0: "The City should work with SPUC to obtain an easement for use of the submersible well
site as general park area, if feasible".
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Cncl. Menden was concerned about the amount of multiple housing in the City and if this was
the proper'development for this corner considering the amount of unknowns (Shakopee
Mdewakanton Sioux (SMSC) property adjacent and the gravel pit on the other side). He was not
comfortable with this development in this comer. According to Cncl. Lehman, the last the City
heard from the SMSC regarding this land was that it was to be residential. Mr. Leek noted a
review sheet had been sent to the SMSC but no comment had been heard back from them. Mr.
Leekstated the application in front of the Bureau ofIndian Affairs (BlA) from the SMSC on this
property noted that a heritage center was talked about on the 80 acres to the south in that
application and the property to the east was talked about as one acre single-family lots with some
senior housing,
Cnc1. Joos noted this development of Church Addition was within the City's guidelines and the
land use was okay.
Motion carried 4-1 with Cncl. Menden dissenting.
Mr. Leek reported on the Comprehensive Plan Amendment and Rezoning from Agricultural
(AG) to Planned Residential District (PRD) and Urban Residential (RIB) that was requested by
Tollefson Development for property located south of highway 169 and west of County Road 79
(Country Side Addition). Mr. Leek noted this was a request for re-guiding as well as rezoning.
Mr. Leek oriented the site via the document camera. Mr. Leek noted the applicant was
requesting a re-guiding to medium density and a rezoning to Planned Residential District (PRD)
to the property north of the school property and north of 17th A venue, and low-density was being
proposed as well as a zoning of R 1 B to the property west of County Road 77 and south of 17th
A venue.
Mr. Leek noted this subject site was the product of two annexation petitions. The first
annexation proposal had been acted upon by the Council and accepted by the State Office of
Boundary Adjustments. The Council had acted upon the second annexation request but the State
Office of Boundary Adjustments had not acted on that parcel yet. The second annexation mainly
concerned the land swap between Tollefson Development and the School District. The adopted
land use plan from the adopted 1999 Comprehensive Plan basically showed the Jackson
Township area was guided for single-family development. Mr. Leek noted that at the time this
area was guided for single-family the area was not within the City of Shakopee's jurisdiction.
Mr. Leek noted that in his opinion the applicant proceeded on the assumption that the
Comprehensive Plan Update would be adopted. Mr. Leek noted that at one time the
Comprehensive Plan Update showed higher density to the west but this higher density was
changed to a single-family density at Council's direction. Mr. Leek stated what is proposed
matches the draft Comprehensive Plan Update. Mr. Leek noted the Comprehensive Plan Update
also showed 17th Avenue as a four-lane highway in the area of County Road 79. The draft
Official Proceedings of the April 6, 2004
Shakopee City Council Page -13-
Comprehensive Plan Update was going before the Planning Commission in May for a public
hearing.
Mr. Leek noted the applicant has reduced the number of dwellings in the development
considerably from the initial concept shown. This development now would consist of
townhomes with some smaller size single-family homes and a park area between the townhomes
and the smaller single-family homes; then there would be some larger single-family homes next
to the smaller single-family homes. Mr. Leek noted that the Planning Commission questioned if
these were single-family lots albeit small lots, why was a medium density PRD zoning needed.
Mr. Leek noted that the Planning Commission did agree with staff and they recommended denial
of this re-guiding and rezoning at this time.
Mr. Leek noted the developer sent a letter to staff requesting that an Environmental Assessment
Worksheet (EAS) be done on this site. Mr. Leek noted that he informed the applicant previously
that under state regulations an Environmental Impact Statement (EIS) was required. Mr. Leek
was still of this opinion because the developer was proposing a development that was not
consistent with the guiding of the current adopted land use plan. Mr. Leek noted that he had not
moved to do an environmental review until 1) the City Attorney let him know what type
environmental review needed to be done 2) just what was the plan going to be regarding the
number of houses and 3) the request was consistent with the adopted Comprehensive Plan. Mr.
Leek noted Cncl. Lehman came up with the same idea for buffering the single-family homes
along Hwy 169 and County Road 79 as the Planning Commission had. ~
Mayor Schmitt stated the initial concept plan for this development had not been acceptable to the
Planning Commission or the City Council and this concept plan did not have data that was
consistent throughout the proposal.
Matt Weiland, with Tollefson Development, stated that he thought this land use was the best land
use for the area based on the draft Comprehensive Plan Update and what was in the surrounding
areas. He noted that Tollefson Development wanted to find outthe direction this property was
headed for and where the draft Comprehensive Plan Update was in the process. He stated he
disagreed with staffs draft findings on the land use area. He noted there was a change in
patterns in the land use area. They were requesting that the land use be put in place. This was a
good location for the use being proposed because transportation access and sewer and water were
in the near area, Mr. Weiland noted the County was close on signing off on the alignment of 17th
A venue for this area and there was need for this type housing. There will continue to be a
demand for multiple family homes. He wanted to get some direction from the Council as to what
they wanted to see this area as and then to move forward.
Mr. Weiland suggested to get started on gathering the information that was needed for an
environmental report. He stated asking for medium density allowed Tollefson Development
PUD flexibility within the corridor. They were willing to go thru whatever type environmental
Official Proceedings of the April 6, 2004
Shakopee City Council Page -14-
review that the City wanted, they just did not think an EIS was needed with the number of
housing units they were proposing.
Mr. Weiland noted some of the area was for single-family homes because he was looking at the
overall density for the whole area. Mr. Leek noted that it was his feeling that the Comprehensive
Plan Update may come before the City Council in June to possibly be adopted. Mr. Leek noted
he was not confident that the medium density shown on this subject site in the draft
Comprehensive Plan Update would be acceptable to the Council. Mr. Leek noted that he thought
it might be possible to have this development, with some modifications, come under the single-
family density range and the need for rezoning and regarding would then be eliminated. The'
single-family density range was up to five units per acre. Mr. Leek noted that a mixture of
housing types could be accomplished in this area through a PUD with a medium density. Mr.
Weiland noted that Tollefson Development was open to suggestions. Mr. Leek suggested that
the developer look at his net density to see if this plan, or one close to it, would fall under single-
family density with a PUD overlay for a mixture of housing types. He did not think it would be
appropriate to rezone the land PRD because of the direction given by the Planning Commission
on PRD Zoning.
Mr. Leek noted that he would follow-up with the State Office of Boundary Adjustments to see
where the second set of annexations requests was in the process for State Board approval. There
was discussion on the piece of property owned by Gregg Powers that is needed for the alignment
of 17th Avenue.
The applicant noted they were willing to grant an extension in writing. Mr. Leek noted there was
not a problem with MUSA allocation because the City had been allocated a 10-year floating
MUSA supply from the Metropolitan Council. He also noted that with an opening date of the
fall of 2007 the school in the area would need MUSA. He felt the allocation of MUSA to this
area was logical. He suggested that he come back with a more specific recommendation along
with a look at the density in this proposed concept. He noted the City did have a phasing plan
regarding the extension of MUSA. Cncl. Lehman asked if the MUSA extension could be done in
phases. Mr. Leek addressed this question. The City Attorney noted he was comfortable with the
direction that the Council was giving the applicant.
The City Attorney suggested that the extension from the developer be at least until May 21,
2004,
Helkamp/Lehman moved to table the Comprehensive Plan Amendment and Rezoning for
property south of Highway 169 and west ofCR79 and from Agricultural (AG) to Planned
Residential District (PRD) and Urban Residential (RIB) that was requested by Tollefson
Development until the May 21, 2004 meeting, Motion carried 5-0.
Official Proceedings of the Apri16,2004
Shakopee City Council Page -15-
Mr. Wollschlager noted he spoke with Shakopee Schools Superintendent, Jon McBroom, andit
was important to him that 17th Avenue be acted upon now. Mr. McBroom noted the School
District would like to start grading for the new school possibly this fall. Mayor Schmitt noted
that in conversations with the School District, the School District noted they wanted the road in
place by 2006. Mayor Schmitt noted that City staff would follow-up with the School District
regarding the time need for 17th A venue. They would keep this issue moving along.
Mr. Themig, facilities and Recreation Director, asked for authorization for design proposals for
the reuse of the Aggregate Industries Quarry restoration project. Mr. Themig noted that a
conceptual plan of what the proposed reuse of the Aggregate Industries Quarry restoration
project would be was presented in December of2003. Mr. Themig stated that basically the
conceptual plan showed the area of use was the restored quarry area that Aggregate Industries
stated they would donate to some party for future reuse. Mr. Themig did state that Aggregate
Industries would retain ownership of some of the area that they used for the Quarry. The amount
ofland and water that Aggregate Industries was willing to donate was approximately 80 acres,
with the entire site being about 120 acres.
Mr. Themig stated one of the potential groups, The Outdoor Heritage Education Center (OHEC),
involved with this reuse of Aggregate Industries quarry had a purchase agreement with Valley
Green for some additional land and that purchase fell through. It was thought perhaps OHEC
could purchase some land from Aggregate Industries. OHEC was looking at putting up a facility
for nature and education. Mr. Themig noted OHEC also promoted outdoor activities such as
hunting and fishing thus making them a good fit for a partner. It was noted that Aggregate
Industries was interested in selling some portion of their remaining land.
Mr. Themig noted who the potential partners were in this project so far. So far there were four
potential partners to partner with the City on this project. Mr. Themig did state that it now
appeared to make the most sense if the City would take ownership of the property as the park
area and be the fiscal agent. Mr. Themig noted he thought all the potential partners were okay
with the City taking ownership of the property. Mr. Themig noted that Excel Energy owned land
adjacent to the quarry area and there was potential to have access to some of this land with Excel
Energy for natural things,
Mr. Themig stated they had now come to the point where some professional services were
needed so some actual drawings could be looked at so they could see how things would work.
Some of the key issues that needed to be looked at are what would happen to the ADC property
in this area and how would this access to the proposed site happen. Mr. Themig stated that he
did not anticipate the professional services to be over $10,000 and he did have about $6,000
committed from the potential partners. Mr, Themig noted the concept being looked at now was
that Aggregate Industries would donate the land but the City and their partners needed to look at
costs to develop the site (access, parking, trails).
Official Proceedings of the April 6, 2004
Shakopee City Council Page -16-
Cncl. Menden complimented staff on moving the reuse of Aggregate Quarry idea forward. encl.
Helkamp noted this was a great idea.
Lehman/Menden moved to authorize the appropriate City officials to develop and issue a
Request For Proposals (RFP) for the Quarry Reuse Project, and enter into agreement with the
successful firm if the project is under $10,000 with the City's portion of the cost not to exceed
$4,000 and to fund the Request For Proposal for design for the Quarry reuse project from the
Natural Resources Professional Services account.
Mayor Schmitt asked if there was a way to bring 12th Avenue through for access and he had other
ideas for opportunities for the Aggregate Industries Quarry Reuse Project.
Motion carried 5-0.
Lehman/Helkamp moved to authorize appropriate City officials to enter into agreement with
Jackson Township for the use of their baseball field, contingent on review and approval of this
agreement by the City Attorney. (Motion carried under the Consent Agenda).
Lehman/Helkamp offered Resolution No. 6042, A Resolution Of The City Of Shako pee
Upholding The Appeal OfG. Leonard West/Magnum Contracting Of The City's Method For
Calculating Permit Fees For Re-Roofing Of Residential Townhome Structures, and moved its
adoption. (Motion carried under the Consent Agenda).
Lehman/Helkamp offered Resolution No. 6038, A Resolution Of The City Of Shako pee Setting
A Public Hearing To Consider A Petition To Annex Approximately 96 Acres Of Land Generally
Located In The Southwest Quadrant Of The Intersection Of STH 169 And Marystown
Road/CSAH IS, and moved its adoption, (Motion carried under the Consent Agenda).
LehmanlHelkamp offered Ordinance No. 698, Fourth Series, An Ordinance Pertaining To The
Sale, Possession and Use of Fireworks, Amending Section 10.38 Of The City Code, and moved
its adoption. (Motion carried under the Consent Agenda).
Mr. Loney reported on the possible contract for Reconstruction Project No. 2003-3. He noted
good bids had been received for Project No. 2003-3 and the apparent low bid was under the cost
estimate for this project. Mr. Loney recommended that the contract be awarded to S.M. Hentges
and Sons, Inc. with the low bid of $2,248,529.10.
Lehman/Helkamp offered Resolution No. 6030, A Resolution Accepting Bids For The 2003
Street Reconstruction, Project No. 2003-3, and moved its adoption. Motion carried 5-0.
Helkamp/Lehman moved to authorize the appropriate City officials to execute an extension
agreement with WSB & Associates, Inc. to perform consultant services on Project No. 2003-3
Official Proceedings of the April 6, 2004
Shakopee City Council Page -17-
and to approve a S% contingency amount on this project for use by the City Engineer in
authorizing change orders or quantity adjustments on Project No. 2003-3.
Cncl. Menden asked that a brief description of why the 5% contingency fund was being used be
placed into the activity report when the fund was dipped into.
Motion carried 5~0.
LehmanlHelkamp moved to recognize the Prior Lake Watershed District as the Responsible
Government Unit for the development of an Environmental Assessment Worksheet for the Prior
Lake Outlet and Channel Improvement Project, from Prior Lake to the Mhmesota River.
(Motion carried under the Consent Agenda).
Cncl. Lehman had a question on the tractor for the Parks Division regarding the 2005 CIP. Mr.
Loney stated this tractor was in the 2004 CIP for purchase now rather than in 2005. It had been
moved up in the CIP. Mr. Loney noted that a second quote had been obtained for the Pull
Behind Mower because the mower had not been on the state bid. Mr. Loney recommended
purchasing the Pull Behind Mower from Siemon Implement for $11,620.22.
Lehman/Helkamp moved to authorize the purchase of one (1) John Deere 5420 Tractor for the
price of $27,765.62 and also the purchase of one (1) new 16' Land Pride Mower for the price of
$11,620.22 from Siemon Implement, Inc. with the purchases to be funded from the Capital
Equipment Fund. Motion carried 5-0.
Mayor Schmitt stated that he had concerns about removal of the traffic control signal at the
intersection of County State Aid Highway (CSAH) 69 and Scott Street with the grain trucks for
Rahr Malting if Apgar Street were closed and the City was successful keeping the intersection
open at County State Aid Highway 69 on the west end of town. He was concerned that there be
further options at the intersection of County State Aid Highway 69 and Scott Street if they
should be needed.
Mr. Loney noted that this intersection had been a coordinated effort with Scott County, Scott
County HRA and the City. This Scott Street intersection on County State Aid Highway 69 no
longer met warrants and was obsolete, Mr. Loney stated Scott County was willing to participate
in the signalization at Fuller Street and County State Aid Highway 69 in conjunction with the
Scott Street signal being removed, Mr. Loney stated that if the City were to modify or replace
the signal at Scott Street that would cost the City at least $50,000. Mr. Loney noted staff felt the
signal at Scott Street was not needed and was not warranted. He stated that if traffic counts
picked up at the Scott Street intersection with County State Aid Highway 69, the City could then
see if warrants could be met. Mr. Loney noted another option could be assigning a truck route to
County State Aid Highway 69 and 3rd A venue. The looping could be done.
Official Proceedings of the April 6, 2004
Shakopee City Council Page -18-
Helkamp/Joos moved to authorize the appropriate City officials to execute the agreement
between Scott County and the City of Shakopee for the Removal and Revision of the Traffic
Control Signal System and Integral Street Lights at the Intersection of County State Aid
Highway 69 and Fuller Street; and County State Aid Highway 69 and Scott Street. Motion
carried 5-0.
Lehman/Helkamp offered Resolution No. 6033, A Resolution Establishing Municipal State Aid
Streets, and moved its adoption. (Motion carried under the Consent Agenda).
Lehman/Helkamp moved to approve a suspension of City Code Sec. 10.60, Noise Elimination
and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operation, D, for Ryan
Companies US, Inc. for work on the Dean Lakes development from 9:00 a.m. to 9:00 p.m. on
Saturdays to 8:00 a.m. to 7:00 p.m. on Saturdays, with the start time being consistent with other
approvals in the past years. Approval is conditioned upon minimizing noise exposure near
residential areas and if complaints are received by the City, the suspension can be revoked at the
discretion of the City Engineer and that staff publish a notice of the suspension of terms and
conditions. (Motion carried under the Consent Agenda).
Mr. McNeill, City Administrator, reported on the job description for the Mechanic's Apprentice
position in the Public Works Department. The direction from Council had been to use the title of
Mechanics Assistant but the job description of the Mechanic's Helper. Mr. McNeill noted there
were significant concerns from the City's job consultant hired to value jobs if the City used the
title of Mechanics Assistant for this position. It was suggested that the title of Mechanic's
Apprentice be used. This title also provided the City the ability.to set up a promotion system
with education like the City of Coon Rapids has for their Public Works Department.
Cncl. Helkamp noted the description was the same it was only the title that had been changed.
Helkamp/Joos moved to accept the revised job description for the Mechanic's Apprentice
position. Motion carried 5-0. (CC Document No. 345)
Mr. McNeill reported on the job description for a new position ofIT Specialist.
Joos/Menden moved to approve the job description for a new position ofInformation
Technology Specialist position and to authorize filling the position. Motion carried 5-0. (CC
Document No. 346)
Mr. McNeill noted that the position of Engineering Technician II had previously been authorized
and the interviewing of three candidates was complete. Staff was recommending that the internal
candidate, Dale Gade be hired.
Official Proceedings of the April 6, 2004
Shakopee City Council Page -19-
Joos/Menden moved to authorize the hiring of Dale Gade for the position of Engineering
Technician II starting at Step E, Grade 4 ofthe Non-Union Pay Plan ($34,530) per year effective
April 12, 2004, subject to a successful completion of a pre-employment physical and background
check. (Motion carried under the Consent Agenda).
Lehman/Helkamp moved to authorize the appointment of Marvin Melander, Tom McEachern,
and Robert Schmit as custodians at a starting pay rate of Grade 1, Step C of the 2004 Pay Plan,
contingent upon successful completion of the pre-employment physical and criminal history
check. (Motion carried under the Consent Agenda).
Lehman/Helkamp moved to authorize the hiring of Travis Goerish as a probationary part-time,
30-hour per week, Community Service Officer at an hourly rate of $13.704, subject to the
satisfactory completion of pre-employment medical and psychological examinations. (Motion
carried under the Consent Agenda).
Lehman/Helkamp moved to replace Tim Ries as Fire Department Third Engineer with Steve
Menke. (Motion carried under the Consent Agenda).
Lehman/Helkamp moved to authorize the appropriate City officials to enter into the
memorandum of understanding between the City of Shakopee and Law Enforcement Labor
Services for the acting sergeant position, assignment and compensation. (Motion carried under
the Consent Agenda).
Mr. McNeill reported on the relatively new program called the VantageCare Retirement Health
Savings Program. This was a program for employees to receive money for health insurance
premiums once they retire. Mr. McNeill noted how some severance pay was paid out to an
individual at retirement time. Mr. McNeill noted that this program would eliminate the City's
need to pay some FICA taxes on severance pay at the time of an employee's retirement. At this
time the program was open to non-contract employees only.
Joos/Helkamp offered Resolution No. 6040, A Resolution Authorizing City Of Shakopee
Participation In The Vantage Care Retirement Health Savings (RHS) Program Of International
City Management Association- Retirement Association, and moved its adoption. Motion carried
5-0.
Lehman/Helkamp offered Resolution No 6043, A Resolution Amending Resolution No. 5982
Which Adopted The 2004 Pay Schedule For The Officers And Non-Union Employees Of The
City Of Shako pee, and moved its adoption. (Motion carried under the Consent Agenda).
Lehman/Helkamp moved to appoint Councilors Steve Menden and Terry Joos to the 2004 Board
of Review. (Motion carried under the Consent Agenda).
Official Proceedings of the April 6, 2004
Shakopee City Council Page -20
Lehman/Helkamp offered Ordinance No. 701, Fourth Series, An Ordinance Of The City Of
Shakopee, Minnesota, Amending Chapter 2.05 City Administrator, and moved its adoption.
(Motion carried under the Consent Agenda).
Lehman/Helkamp offered Ordinance No. 699, Fourth Series, An Ordinance Amending
Ordinance No. 692, Fourth Series An Ordinance Setting Fees For City Licenses, Permits,
Services and Documents, and moved its adoption. (Motion carried under the Consent Agenda).
Lehman/Helkamp offered Resolution No. 6034. A Resolution Of The City Of Shako pee,
Minnesota, Approving Premises Permit For Shakopee Rotary Club, and moved its adoption.
(Motion carried under the Consent Agenda).
Lehman/Helkamp moved to approve the application and grant a tobacco license to Francisco
Aguilar dba Pancho's Bakery and Supermercado, 123 West 2nd Avenue, and moved its adoption.
(Motion carried under the Consent Agenda).
Mr. McNeill reported the ratification of a Police Sergeants contract. Mr. McNeill noted some of
the changes in the 2004 contract from the 2003 contract. The 2003 contract expired on
December 31,2003. It was noted there was a cost of living adjustment of2% retroactive to
January 1, 2004 and a 1 % increase July 1, 2004.
Lehman/Helkamp moved to ratify a labor agreement between the City of Shakopee and Law
Enforcement Labor Services, Inc. for the Police Sergeants. Motion carried 5-0.
Lehman/Helkamp moved to authorize staff to execute the Change Order for the additional work
on the Downtown Fire Station re-roofing project, in favor of G & S Roofing, in the amount of
$1,174. (Motion carried under the Consent Agenda),
Joos/Menden moved to adjourn to Tuesday, Apri120, 2004 at 7:00 p.m. Motion carried
unanimously. The meeting adjourned at 11 :02 p.m.
1f~d.Of
Judith S. Cox
City Clerk
Carole Hedlund
Recording Secretary