Okay. All right, 7:00 March 5th, I'd like to call to order the Shakopee Board of Adjustment and Appeals meeting. 5th. I'd like to start with a roll call. Mr. Kierski, please. Commissioner Forsythe. Commissioner Wiler. Here. Commissioner Sandu. Here. Commissioner Redding. Here. Commissioner Cherres. Here. Commissioner Vanderveen. Here. Commissioner Robbins. Here. Good. Second item on the agenda is the oath of office for newly appointed commissioners. Can you just say who you are, too? Oh, yes. I am Heidi Emmerson, Deputy City Clerk. Okay, but when they get there Are they still going to sing or not? >> [laughter] >> I would like him to. I'm going to say I, and then have you say your name. So, I I do solemnly swear do solemnly swear that I will support the Constitution of the United States that I will support the Constitution of the United States the Constitution of the State of Minnesota the Constitution of the State of Minnesota and I will faithfully, justly, and impartially and I will faithfully, justly, and impartially discharge the duties as a member of the Planning Commission discharge the duties as a member of the Planning Commission the Board of Adjustment and Appeals the Board of Adjustment and Appeals of the City of Shakopee, Minnesota of the City of Shakopee, Minnesota to the best of my knowledge to the best of my knowledge judgment and ability judgment and ability so help me God. so help me God. Welcome aboard. Thank you. Congratulations, commissioners. Congratulations. >> All right, the third item on the agenda is the approval of the agenda. Is there anything that needs to be added or subtracted from the agenda? Nope. Nope. All right, can I get a motion to approve the agenda as stated? So moved. Second. Thank you. All in favor say I. I. All opposed say nay. Hearing no horses, that passes. Uh fourth item on the agenda is recognition of the Board of Adjustment Appeals of interested citizens. Are there any citizens here that would like to discuss anything that is not on tonight's agenda? All right, hearing and seeing none, we'll move on to general business. First item of business is election of commission officers. So chair, you need to the board needs to elect a um chair and a second vice chair. Okay. Uh so we'll open up for motions or nominations for chair first, I presume. Mr. Chair, I'm going to nominate Nor- Noreen Redding uh for chair of the Board of Adjustment. All right, I will second that. Are there any others? Hearing and seeing none, do we do roll call vote or No, you can just go ahead and vote. All right, so all in favor of Noreen as chair say I. I. All opposed say nay. All right, that passes. Uh we now need a vice chair. Mr. Chairman, Yes, sir. >> I'm going to nominate Mustapha Sandhu for vice chair of the Board of Adjustment. Excellent. Any others? All right, seeing and hearing none, uh all in favor say I. I. >> I. All opposed say nay. Nay. >> [laughter] >> Passes five to one horse. I think we still [laughter] win. >> [clears throat] >> Uh with that we need a second vice chair. That's what we need the second vice chair is the the last one we need. Yes. So, who would like to be Would you like to return to that position? I I Well, I don't Can I nominate myself? Mr. Chair, I'll name I'll nominate Commissioner Weiler for second vice chair. Second. See if there's a second. I'll second. Noreen seconds. Thank you. All right, all in favor of myself being second vice chair. I. I. All opposed say nay. Uh surprise. All right, so that passes. Yep. With that being done then, do we turn the meeting over to our new chair, Noreen? Congratulations. Thank you. Thank you. >> There you go. Let me pass the baton. >> Well, my first duty is to open a public hearing. Madam Madam Chair, I'll move that we open the public hearing. >> Okay. I'll second. All right. So, it has been moved and seconded that we open the public hearing. All in favor I say I. I. Opposed nay. All right, motion carries. So, the public hearing is now open for a conditional use permit amendment for a public or private school for K through 12 students at a 4601 Dean Lakes Boulevard. Good evening, Chair and uh board members. So, again, this is a conditional use permit amendment. This uh facility, if you remember, K through 12 public schools or private schools are allowed in the business park zone with a conditional use. So, they did receive one when they converted this building. They're here tonight to amend that for several items. So, this is the site. Um, if you remember Here's Highway 169's right here. This is uh GN's new headquarters. This is the school right here. So, Wold Architects has made an application for the Southwest Metro Intermediate School District number 288 um for their lot in the business um park. It's um comp plan is mixed-use commercial center. The city code is amended to allow K-12 schools in the business park in 2020. They received a conditional use permit in December of 2020. District 288 intends to add additional technical education courses to their curriculum, which requires an addition to the building. They're also adding a uh storm shelter, which is required by the state to the building as one of the uses. So, their plan is to construct a 5,000 sq ft fabrication lab addition to the northeast corner of the building. It will also serve serve as a storm shelter as required by the building code. They're also going to add a 20 by 70-ft polycarbonate greenhouse southeast to the building. Add automotive shop area within the footprint of the existing building and remodel the commons and cafeteria. So, here is the proposed addition off the uh corner of the building here. So, this is the uh proposed new building, which will also serve as a storm shelter. Then, over here in the parking lot is the proposed greenhouse. They're proposing additional landscaping to make up for some of the items that are being removed uh to do the addition. So, some additional landscaping here and some additional trees across the front. Here's kind of the plan of the building. So, um again, it is a storm shelter, so it doesn't have lots of windows and doors. Um So, we did work with the um school superintendent and the architects to try and get it as close in design as we could to the existing building so that it blends. So, this is basically the new addition. Here's the elevation. So, this is the existing building in the back and this is the new building. And here is again is the other view of it. So, staff's recommending adoption of PC 2026-008 with the conditions of note are modifications to drive aisles, parking area must accommodate a fire truck for maneuvering. Materials and elevations of addition must match the submitted plans and the greenhouse must be polycarbonate. And the applicant's also here. Does anyone on the commission have any questions? >> Y- yes, Madam Chair, I do if I could. Um you say the applicant's here, right? Yep. Um I'm interested to know what this new addition um what increased capacity this is going to have on the site in terms of I would think um are the same students going to go there? Be more students, more teachers, more personnel? Over here. If you could sign in, too. Sign in and state your name, please. All right, good evening. My name is Linnae Shown. I'm with Wold Architects and Engineers. I've got Jacob Wenshado here. Architect. Can you say your name again? I didn't get that. Linnae Shown. Thank you. >> With Wold Architects. Okay. Uh on behalf of Southwest Metro School District um this project is an expansion to their existing building. Uh the programming that will be happening within this building is bringing in a little more career and technical education. Uh the school district primarily serves um adult learning, um, within these programs. And so, they will be, um, high school or older students. Um, the increased capacity is not expected to change too much. Their class sizes are very small as they are a special school district. Uh, they have offer programs that, um, include class sizes closer to like 15 to 20 students. Um, um, most of the students, uh, attend this school via bus or metro transit. There will be very little parking impact on the site. Can I, Miss Madam Chair, can I just follow? Would you say, is this something that lots of school districts have or are we sort of unique in having this? Does this give us something that other school districts don't have or do a lot of them have this? >> That's a great question. Uh, Southwest Metro Area School serves several school districts in, um, in the area, including Shakopee Schools. And they, uh, offer programming that most of the member school districts do not offer or they offer extended programming that, um, continues off of what the the students get at the high school level. Thank you, Madam Chair. Noreen, may I follow? Yes. Yes. So, you're saying the students that are there now are predominantly post high school students? Uh, there are multiple programs in the building already. There's adult learning, there's, uh, ALC programming in this building. Um, there are some, uh, other programs that support those students. There's a little bit of child care in the building. There's a culinary lab. Uh, so it's really there are multiple programs within the building. The addition and the remodeled spaces will serve multiple programs that are already there. And they do plan to bring in a couple of more students based on the new programming that they will be able to offer based on the addition. So, the bulk of it is not traditional K through 12, is what I'm hearing. It's not traditional K through 12, that's true. This space will be supporting I'm going to call it trades type education. Yes, the the addition will support um fabrication um manufacturing um as you saw in the plan it's primarily open floor space for machines um woodworking, metals fabrication, and that type of thing. >> that you have now. So, this is going to supplement and some of it will be new that you're adding. >> They do offer some of this programming at another facility, um but they're planning on um maximizing their programming here because they do offer multiple programs then all of those programs can utilize uh this space um to enhance all of their individual programs. Fantastic. Great. Any other questions? From anyone? How many students are there now at that facility? Yeah, I think the total is about 260. Um they're not all there at the same time. I think a lot of this programming is supplemental. Um perhaps at the most a half-day program. Not many of the students are there all day long. Okay. Yeah. And do you How many students do you think this will add to that? Uh inside the building, they already have the spaces. Um they're just remodeling them and refreshing them a little bit to be more in alignment with the curriculum and the programming that they're offering. If you think of this as an addition of one classroom lab because it's a fabrication lab, perhaps maybe 20 to 30 students at this site. And they all have different schedules, so some may come for an hour in the morning or an hour in the afternoon or half a day, so basically it's a schedule whatever fits the students' needs. Absolutely. Yes. So, again, um the students are coming going and going throughout the day and these programs are already happening at this site. So, um we don't anticipate any more traffic or less traffic. Probably more of the same that's already happening there. Okay. Mhm. What's his last name? Can I ask a question? Um you might have stated that earlier, but is this just for Shakopee citizens or is can serve the whole Scott County or who can come here or join these? >> the consortium or the school district serves I believe they have 11 member districts. Uh some of those districts include metro area schools as well as outstate school districts. So, um not only does it serve the immediate community, but it serves um primarily Southwest Metro and outstate school districts, but their district runs all the way up to Buffalo and along the west side of the Twin Cities. Um so, it really captures a lot of special needs students, ALC students, um 18 to 22-year-old programming, etc. Thank you. Any other questions? Any other questions? Okay. I'm fine. All right. Um so, what would the board like to do? Well, excuse me, Madam Chair, does anyone in the audience want to speak? Yes, is there anyone else that would like to speak? Okay. Okay, so Madam Chair, I'll then I'll move that we close the public hearing. Yes. Okay. I'll second. Okay, thank you. So, it's been moved and seconded that the public hearing be closed. So, now what is desire of the board? You have to vote on it. I'll get this, yeah. All right. >> [laughter] >> Go ahead. Okay. Uh we're voting for to close the public hearing. Uh everyone in favor, I. I. Opposed, nay. All right, so the public hearing is closed. Um so, what would the board like to do? Madam Chair, I'll I'll move approval of the cup application subject to the uh items uh that are attached to the conditions of approval. Okay. So, I would move approval of this cup application. Okay. Is there a second? I'll second. >> Okay. All right, and this is a voice voice vote, right? >> Roll call, yeah. All right, so let's have a roll call vote for this. Commissioner Weiler? I. Commissioner Sandhu? I. Commissioner Redding? I. Commissioner Cherish? I. Commissioner VanderVeen? I. Commissioner Robbins? I. Okay, so the motion carries six to zero and uh thank you. Thank you. All right, is there any other business? Uh just so the board knows, all of the um CUPs that you revoked at the last meeting, the attorney law firm representing the property owner has appealed all of those, but they're also in the process there's some legal action going on, so they're scheduled tentatively to go to the uh April 7th City Council meeting for their hearings. And it wouldn't come wouldn't come back to us, right? Okay. Yeah, that was what just for clarification. They're appealed, but we won't see them again. Well, Chair and commi- and commissioners, you you might because, if you remember, one of them at the meeting decided he would apply for his own CUP, so I think that's in the process, so you will probably see that one in April. All right. Um Very good. But if you reach into the way-back machine, if you remember the same property owner, we revoked their CUP on Highway 101 for automotive repair business where they had the semis. Went to the city council, they cleaned up the site, they put it back in um police and fire were out there today, and it's just back to the same way it was, so we'll be back to revoke that and inform their attorney tomorrow that we're going to recommend revocation at the uh April meeting and not to appeal it. Um This This takes a a huge amount of staff time, and it's getting kind of ridiculous. For us. Any other business? Madam Chair, I'll move the I'll move the adjournment of the Board of Adjustment regular meeting. So moved. Okay, we've so been moved and seconded that we adjourn to I'm not even going to try to guess, April sometime. Yeah, I think it's April 9th. April 9th, thank you. Um okay, all in favor, I. I. Opposed? All right, the meeting is adjourned. It's my turn. Okay, I don't have to go far. I would like to call the meeting for Shakopee Planning Commission to order. Today is March 5th, 2026, and the time is 7:19. I would like to begin with roll call. Commissioner Wiler. Here. Commissioner Sandu. Here. Commissioner Redding. Here. Commissioner Cherres. Here. Commissioner Vanderveen. Here. Commissioner Robbins. Here. Second item was already entertained, so we'll move to the item number three, approval of agenda. Is there any additions or changes in the agenda? Nope. All right. Can someone have make a motion to approval of the agenda? >> the agenda as printed. All right. >> Second. All right. All those in favor say I. I. I. Any opposed? Move to the item four, recognization by Board of Adjustment and Appeals of interested citizen. Anyone in the audience would like to >> the Planning Commission. They misprinted the topic. Just so you know. Recognized by Planning Commission. Anyone in the audience would like to speak something which is not on the agenda? I see no one. Okay. Item five will be general business. We have two items. Number one, 5A will be election of commission officers. Let's choose a chair. I'm going to move that we nominate Josh Forsyth to be chair of the Planning Commission. I'll second. Do we need a No. All those in favor Oh, sorry. Anyone Any Anyone else want to You all good? Okay. Well, all those in favor say I. I. I. Any opposed? So, I guess Josh is not here, so we need to elect the vice chair. >> [laughter] >> I will nominate Senior Randy Robinson for vice chair. The OG. I'll second. All right. Any other nominations? All right. All those in favor say I. I. I. Any opposed? All right. I'll move the rest of the meeting to you, sir. >> All right. Thank you. Thank you all. Congratulations. In fact, we need second vice chair. Oh, well. That's you right now, so. Okay, well, we need to do another one before I um hand over the gavel to you, sir, which is the second vice chair. Yeah, um could I just um Miss Chair, um are we in a conundrum here because we don't we have new members here. They can be. >> They they can serve as second vice chair. >> Can we Mustafa again? Yes. Okay. Then I'll nominate for second vice chair Mustafa. I'll second. Okay, I guess. >> [laughter] >> I'll second that. All those in favor say I. >> [laughter] >> I. I. Oh, I'm going to be everywhere, huh? Yeah. All right, well, I'll move the gavel to Mr. Robinson. >> Yeah. All right, thank you again, and um uh with that election, um we move to um item 4B, a public hearing, interim use permit for the placement of a temporary construction trailer at 1099 Adams Street. Can I have a motion to open the public hearing? So moved. Mustafa moves to open the public hearing. >> uh yes. Yes. You move to open. Correct. >> Can I have a second? I'll second. Commi- Commi- Commissioner Riler seconds. Um all those in favor say I. I. All those opposed. All right, the public hearing is open. Mr. Kirsky, go ahead. Chair and commissioners, so this is the public hearing for the interim use permit for temporary construction trailer at 1099 Adams Street South. This is in Lions Park, adjacent to the fire department. Um if you remember, interim use permits are to allow uses that are not typically allowed for a short-term use, um and then it has to be approved by the city council. I'll get this to work. So, city of Shakopee Fire Department is requesting the IUP. It's for a temporary placement of a 14 by 70 construction trailer at 1099 Adams Street in Lions Park adjacent to the fire station to provide support facilities for fire staff to maintain 24-hour response capabilities during the renovation of fire station number two. The trailer would be removed on or before November 30th of 2026. A neighborhood meeting was conducted on February 23rd and no one attended. The placement of the trailer is going to be on the property. City code section 151.011N allows IUPs providing findings have been determined to meet the required criteria. The proposed use will not delay permanent development. The proposed use will not adversely impact implementation of the comprehensive plan. The proposed use will not be in conflict with any provision of the city code on an ongoing basis. So, again, this is a temporary use. The proposed use will not be injurious to this running neighborhood or otherwise harm the public health, safety, and welfare. It's the fire station. The date or event that will terminate the use has been identified with certainty. So, that would be the end of November. Permission of the use will not impose additional costs on the public. It's the fire station. And the user agrees to any conditions the governing body deems appropriate for permission to use the site. So, here is the park area. Here is the fire station. So, the trailer will go just outside of the pavement areas to allow the fire station to be able to access the rear of the garage. Here's what the trailer will look like. This is for their fire fire um their quarters and it also has a restroom and some meeting space. Cuz if you remember the fire station council just approved renovating that fire station. So, here's a meeting room, a restroom, three sleeping rooms, and another meeting room on the end. They'll likely use this room for the construction office. Staff recommends approval to the city council resolution 2026-037 approving the interim use permit for a temporary construction trailer at 1099 Adam Street South as drafted and one of the chiefs is here if there's any questions. All right. Thank you, Mr. Kirsky. Do commissioners have any questions for Mr. Kirsky regarding this? And we do have the fire department in the audience if need be. No. Any questions? I just have one. Uh go ahead, Commissioner. >> There's There's already a trailer there. Is that related to this at all? Chair and commissioners, no. That is a trailer for a construction trailer, which does not require an interim use permit um for the roundabout construction. Um so, as soon as the weather breaks, they'll start construction um on the new roundabout at Adam Street right in front of the right by the fire station. So, that's why that trailer is there. Got it. The building both of those together now, right? The the the one next to the fire station and there's going to be another one on 169 exit, right? I'm not sure, Commissioner, if they're at the same time, but they will be close together. >> Okay. Thank you. >> But, that's why that trailer is there to finish the existing one and to um build the other two. Unrelated to this, so that was my question. All right. Do we have other other questions by commissioners? Uh Mr. Kirsky, let me be clear on this. I just I'm going to go back from it. This is a construction trailer for the renovation. Uh um Chair, it's really for housing the firefighters that can't use the building while it's being renovated. All right, the building's being renovated. They can't use it. So, this will house them. And then, do I understand that it'll be completed by November 2026? Correct. All right. It's more like a mobile office. All right, good. Uh does the chief have anything to add to that? You're good. All right, good. [laughter] All right, um is there anyone in the public that wants to speak to this? Gee, I I don't think the answer is, so I guess not. Um all right, um commissioners, what is your pleasure? You have to close the public hearing. >> No, no, I know. Oh, okay. Um any discussion? All right, then I'll entertain a motion to close the public hearing. So moved. I'll second. >> Commissioner Redding moves, and Commissioner Weiler seconds to close the public hearing. Is there any discussion? Hearing none, all those in favor say I. I. All those opposed. The public hearing is closed. Now, commissioners, what is your pleasure on this item? I'll recommend approval to the City Council of Resolution R-2026-037. I'll second. Commissioner Redding moves, Commissioner uh Weiler seconds a motion to approve. Am I right? >> Yes. Um is there any discussion on that motion? Hearing none, uh I guess we'll have a roll call then on the the approval. >> Commissioner Weiler? I. Commissioner Sandhu? I. Commissioner Redding? I. Commissioner Chernus? I. Commissioner Vanderveen? >> I. Commissioner Robbins? I. Okay, that item passes. Um we have a a second item, um uh a public hearing uh for the um an ordinance uh 262505 amending city code section 11151.002 and 151.007k related to the wireless communication towers in the light industry I1 and heavy industry I2 zoning districts. Um do I have a motion to open the public hearing? So moved. Commissioner Redding moves. I'll second. Commissioner Wiler seconds it. Is there any discussion? All those in favor say I. I. All those opposed. Right. Public hearing's open. Commissioner Commissioner, Mr. Kirsky, go ahead. Mr. Chair and Commissioners, this is a minor technical amendment. So, basically, all we're doing is correcting discrepancies between the tower and co-location language that's currently in chapter 90 related to installations in the right-of-way. Um if you remember the federal government prohibits the city from now regulating um small cell towers, so we're removing that section um there as of right. Clarifies the maximum height um from 85 ft and 175 ft. So, in public lands, they can be 85 ft tall and in I1 and I2, they can be 175 ft tall. And also provides allowances to integrate a tower into architectural features. So, it could be in a bell tower, steeple, power line support structure, etc. We have a number of cell towers currently that are mounted on Xcel Energy's transmission towers, which technically is not allowed in our code, so we're fixing that. And it requires accessory buildings to be 199 sq ft to meet the design requirements uh per city code of 151.108. So, in the most of our zoning uses in the table of uses, all we're doing is changing right now in I1 and I2, they're allowed as an accessory use. We're changing it to um a conditional use. So you'll actually the Board of Adjustments and Appeals will now see these. You haven't seen them in the past cuz they were basically allowed as of right and there were some issues. All right, very good. Um First of all, do commissioners have any questions about what Mr. Kiersky said? So would this affect the current towers we have like >> No. Okay. They're grandfathered in or they're allowed. >> So but anyone who comes in new have to apply. >> getting a lot more interest now. Um the networks are full and they can't put any more towers on the existing towers cuz one of our requirements is if there's a tower you should co-like co-locate first but most of our existing towers are full and so we've had some requests now for new towers to be located. So you would see those as a conditional use. All right, can you explain in general terms again difference between accessory use and conditional use? Yeah, accessory chair and commissioners accessory use is as of right as long as you have a primary use on the site. So we do have some property today and some proposed properties where this would be the only use on the site. It would be a monopole. So companies are acquiring parcels and just putting a tower on them. Versus you could have a industrial user in the back of their property they could have a monopole right now. Commissioner Wyler, does that answer your question? Yeah. Thank you. All right. Commissioners, are there other questions of Mr. Kiersky? Any other questions? All right, this is a public hearing. Is there anyone in the audience that would like to speak on that? If there isn't, then I will move. I will look for a motion to close the public hearing. So moved. Commissioner Wiler moves. Is there a second? Second. Commissioner Mustafa seconds. Is there any discussion? If not, all those in favor say I. I. >> I. All those opposed. Commissioners, what is your pleasure regarding this item? I'll recommend approval to the city council of ordinance 02026-005. I think Commissioner Redding makes a motion. Commissioner Mustafa, did you second? No, I was just looking at the ordinance. Is it O or is it 020? >> It is Yeah, so. Just to correct that, so. Okay, that's the correction. That's all right with Commissioner Redding, so. >> And I'll second it, too. And you'll And you'll second it as well. Correct. We have a motion made and a second. Any discussion? Any discussion? If not, then we'll have a roll call. Commissioner Wiler. I. Commissioner Sandu. I. Commissioner Redding. I. Commissioner Cherres. I. Commissioner Vanderveen. I. Commissioner Robbins. I. All right, that item passes. Number five, we're on agenda item number five is other business. Mr. Kirschke, do we have any other business? >> No, sir. All right. Uh Mr. Chair, um I would like to take a moment to ask these two new commissioners to introduce themselves if that's okay with you. Yeah, Commissioner Mustafa, I almost forgot about you. >> Would you please introduce yourself unless nobody knew about you. Okay. Um hi to everybody. Uh my name is Collins. Um I guess I've I've lived in Shakopee the past 18 years, since I was four. And I'm just I'm excited to be here, to be a part of this board with all you guys. And just thank you. All right, welcome. Welcome to the board. Commissioner. My name is Shawn, and I've lived here in in Shakopee since 2005. And I've been pretty involved in the community in other ways, so I thought I'd give this a try. All right. Well, welcome to you as well. Welcome. We won't disappoint you. >> [laughter] >> Well, I I might. No, you know, I I I would just add, you know, we have uh sometimes it's difficult and and we are are very pleased both of you have volunteered for this. This is good service. This is good public purpose service. So, we're we're happy to have both of you on this. And you'll get used to this after a while. The first meeting is always kind of intimidating, so. It goes quickly. >> [laughter] >> It went quickly tonight, yeah. Um Josh isn't usually he he does it in about 30 seconds. This way Josh comes back, yep. Our regular chair is always going after the world record for the brevity of a meeting. >> [laughter] >> And he keeps track. All right. No other business, then I will entertain a motion to adjourn. So moved. Commissioner Redding moves the adjournment. Is there a second? I'll second. Commissioner Weiler seconds it. Is there any discussion? Hearing none, all those in favor say aye. Aye. All those opposed, this meeting is adjourned at 7:35 p.m. on May 5th, 2026. >> March 5th. March. >> Mhm. >> Mhm. >> Mhm. >> Mhm.