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HomeMy WebLinkAbout5.F.2. Approval of Minutes: June 27, 2006 and July 05, 2006 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 27, 2006 Mayor Schmitt called the meeting to order at 7:05 p.m. with Council members Steve Menden, Terry Joos and Steve Clay present. Council member Matt Lehman was absent. Also present were Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; Gregg V oxland, Finance Director; Bruce Loney, Public Works Director/City Engineer; and Robin Wolpert of Greene Espel Attorneys & Counselors. Joos/Menden moved to recess for an executive session to discuss pending litigation. Motion carried 5-0. Mayor. Schmitt re-convened the meeting at 8:47p.m. No action was taken by the City Council during the executive session. Joos/Clay moved to adjourn. Motion carried 5-0. The meeting was adjourned at 8:47 p.m. r4.~ u ith S Cox Ity Clerk OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JULY 05, 2006 Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Terry Joos, Steve Menden, Matt Lehman present. Also present were Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Jim Thomson, City Attorney; and Judith S. Cox, City Clerk; Mark Themig, Parks, Recreation and Facilities Director; and Gregg V ox land, Finance Director. The Pledge of Allegiance was cited. Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mr. McNeill stated that item 7, Consider Alcohol Violation of Saba Entertainment should be continued until the July 18,2006 City Council meeting because the owner of Saba's would like to have his attorney present. Menden/Joos moved to approve the agenda as amended. Motion carried 5-0. Police Chief Hughes introduced Dennis Walter who serves as the Volunteer Reserve Coordinator with the State of Minnesota Homeland Security and Emergency Management. Mr. Walter spoke to.Council regarding the importance of the community volunteers who participate in the Community Emergency Response Team (CERT). Police Chief Hughes and Fire Chief Ed Schwaesdall, Fire Inspector Tom Pitschneider and Officer Scott Weiers introduced the members ofCERT to the Council and presented the members ofCERT with certificates. Recognized were: Special Recognition (participated in refresher exercise) Victoria Hill Steve Rachac Martin Hill Jason Zander (recognized but not present) Marc Chrismer Tara Aldrich (recognized but not present) Nicholas Hillman Linda Lawler Matt Lehman Renee Brandt (recognized but not present) Fire Chief Ed Schwaesdall addressed the Council with acceptance of a donation from the Shakopee Lions Club for the Confined Space Training Room Station 51 Project. The Shakopee Lions Club past president, John Perry and the current Lions Club Present, Mark Heller presented the City of Shako pee with a check on behalf of the fire department in the amount of$7,500.00. Menden/Joos offered Resolution No. 6452, a Resolution of the City of Shakopee, Minnesota, Accepting a Donation of $7,500.00 from the Shakopee Lions Club, and move its adoption, Motion carried 5-0. Mayor Schmitt stated that he attended the League of Minnesota Cities Conference held in St. Cloud on 06/28/06. Mayor Schmitt said that he brought material back that he will share with the Council members in this weel<'s activity packet. Items covered were eminent domain, WiFi, etc. Official Proceedings of the July 05, 2006 Shakopee City Council Page -2- Joos/Lehman moved to approve the Consent Business. Mayor Schmitt asked if there were any additions or deletions. to the Consent Agenda. Mayor Schmitt said he would like discussion on 5.AA. Extension agreement for additional design services for Pike Lake Road from CSAH 16 to Southbridge Parkway; 5.B.2. Motorized golf carts; 5.D.2. Cost sharing agreement for CSAH 16 improvements in connection with the plat of Glacier Estates and asked that they be removed from the Consent Agenda. Mr. McNeill read the Consent Agenda as amended. Motion carried 5-0. Joos/Lehman offered Resolution No. 6451, a Resolution Approving a Wetland Replacement Plan for Pike Lake Road; and moved its adoption. (Motion carried under the Consent Agenda). Joos/Lehman moved to approve the language and design of the Public Work's plaque, as submitted. (Motion carried under the Consent Agenda). Joos/Lehman offered Resolution No. 6450, a Resolution Accepting Work on the 2005 Bituminous Overlay, Project No. 2005-4, and moved its adoption. (Motion carried under the Consent Agenda). Joos/Lehman moved to declare the 2000 Chevrolet Astro Van, VIN: IGNEL19WXYB138016 as surplus property. (Motion carried under the Consent Agenda). Joos/Lehmanoffered Resolution 6449, A Resolution of the Shakopee City Council Authorizing Execution of an Agreement for theProject Entitled Safe and Sober, and moved its adoption. (The resolution authorizes the appropriate City staff to enter into the grant agreement with the Minnesota Department of Public Safety, Office ofYraffic Safety for the project entitled Safe and Sober Communities during the period of October 1, 2006 to September 30, 2007 for the amount awarded by the Department of the Public Safety, Office of Traffic Safety.) (Motion carried under the Consent Agenda). Joos/Lehman moved to approve the total of$8,000.00 for the Shivel and $2,100.00 for the labor to remove and replace the Shive! for the 1994 Aerial Ladder Truck. The money will be taken from the Fire Budget 2006 maintenance line. (Motion carried under the Consent Agenda). Joos/Lehman offered Resolution No. 6453, a resolution ofthe City of Shakopee identifying the need for Livable Communities Demonstration Account Funding and Authorizing an application for grant funds, and moved its adoption. (Motion carried under the Consent Agenda). Joos/Lehman offered Resolution No. 6445 a Resolution of Special Commendation to Pat Pennington on the 25th Anniversary of her employment with the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the July 05, 2006 Shakopee.City Council Page ~3- JooslLehman offered Resolution No. 6446a Resolution of Special Commendation to Jeannette Shaner on the 25th Anniversary of her employment with the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda). JooslLehman offered Resolution No. 6447 a Resolution of Special Commendation to Ten Scherer on the 25th Anniversary of her employment with the City of Shako pee, and moved its adoption. (Motion carried under the Consent Agenda). JooslLehman moved to approve the bills in the amount of$801,126.26. (Motion carried under the Consent Agenda). JooslLehman moved to approve the Minutes of June 06 and June 07, 2006. (Motion carried under the Consent Agenda). Joos/Lehman offered Resolution No. 6448, changing the August 1, 2006 Council meeting date to Wednesday, August 2, 2006 and move its adoption. (Motion carried under the Consent Agenda). Joos/Lehman moved to set special meetings for the following dates: 7:00 PM, Monday, July 17th - I-State Trucking; 7:00 PM, Wednesday, July 19th - Building Permit Fees. (Motion carried under the Consent Agenda). (CC Document No. 414) JooslLehman moved to approve the listed parking and traffic related issues relating to Derby Days, August 2nd to August 6th. (Motion carried under the Consent Agenda). Mayor Schmitt asked if there were any interested citizens who wished to discuss a matter not on the agenda. No one responded. Clay/Joos moved to continue the Alcohol Violation at Saba's Entertainment LLC to July 18, 2006. Motioned carried 5-0. Mayor Schmitt discussed items removed from the Consent Agenda. First item is authorizing an extension agreement for additional design services for Pike Lake Road with WSB & Assoc., Inc. Mayor Schmitt expressed concern because the staff memo states there are sufficient funds in the Engineering Professional Services account to pay for this work. Mayor Schmitt is unclear as to whose cost it is when it's completed. Mayor Schmitt recommended that the Council table the agreement to July 18, 2006. Mr. McNeill stated that the additional services are the City's cost and that the funds will come from Engineering Professional Services. He said that to keep the project moving ahead the request needs to move ahead. Cnc1. Menden questioned if these funds will be reimbursed. Mr. McNeill stated that for the extra portions the funds would not be reimbursed. Official Proceedings of the July 05,2006 Shakopee City Council Page -4- Joos/Lehman moved authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the additional design engineering services for Pike Lake Road, from Eagle Creek Boulevard to South terminus of Southbridge Parkway. Motioned carried 5-0. Mayor Schmitt expressed concern the way Ordinance No. 764, Permitting Motorized Golf Carts on Designated Roadways in the City of Shakopee, was written. Specifically, it's written in such a manner as to specify the designated roadways that one applicant can run his motorized golf cart on. Mayor Schmitt felt that the ordinance should not be written for one particular applicant. Mayor Schmitt would like to see the ordinance written in more general terms. Another concern of Mayor Schmitt's was that he would like the Police Department to designate the roadways allowed by this ordinance when issuing the permits. Mr. Thomson stated that the first draft of Ordinance No. 764 was written to allow the Police Department to issue permits and also allow them to designate the specific roadways. However, the Minnesota State Statute that authorizes the City to adopt an ordinance states that the City shall designate the roadways. Mr. Thomson said that this doesn't mean that the streets have to be designated by name; they could also be designated by characteristics. Joos/Lehman offered Ordinance No. 764, Fourth Series, an Ordinance of the City of Shako pee, Minnesota Amending Chapter 8 by Adding New Section 8.31 to Permit Motorized Golf Carts on Designated Roadways within the City, and moved its adoption. Discussion followed. Cnc1. Lehman's concern was that if the Ordinance is passed then the person the ordinance is written for would be grandfathered in on any future Ordinance changes. Mr. Thomson stated that the Statute authorizes the City Council to allow these types of vehicles by Ordinance but it does not say you have to limit it to disabled persons. Mr. Thomson also stated that any permits issued under this Ordinance would not be grandfathered in if amendments were made in the future. Mr. Thompson asked the council if they wanted the ordinance to be worded to include all persons and not just be limited to handicapped individuals. Council members concurred. Clay/Lehman moved to table Ordinance No. 764 to July 18, 2006. Motioned carried 5-0. Mayor Schmitt questioned where the funding would come from for the cost sharing agreement for CSAH 16 improvements in connection with the plat of Glacier Estates. Mayor Schmitt feels that it's not clear in the memorandum where the funding is coming from. Mr. Leek stated in the previous development of Whispering Oaks turn lanes were required to serve that development and a portion of the cost was at the expense of the developer. The other portion was the responsibility, by the counties determination, of the county. In the Glacier Estates development the county has determined that they are responsible for the right turn lane and left turn lane to Mullenhart.Road that are required as apart of the improvements at this intersections. Mr. Leek believes the other costs for the right and left turn lanes into Glacier Official Proceedings of the July 05,2006 Shakopee City Council Page -5- Estates are the developer's responsibility. Mr. Leek has not had a chance to verify this and would like to postpone the Cost Sharing Agreement to July 18, 2006. LehmanlMenden moved to defer the cost sharing agreement for CSAH 16 improvements in connection with the plat of Glacier Estates to July 18, 2006. Motion carried 5-0. Liason reports were given by council members. Travis Karlen, Recreation Supervisor, presented the Council with a presentation ofthe Aquatic Park Support Building Schematic Design and Estimates. The project is to replace the existing building currently serving the Shakopee Aquatic Park. The funding would come from the building fund. The new building would serve the Aquatic Park andLion's Park with expended locker room areas, expanded concessions, larger updated admissions and support areas, as well as the opportunity to provide exterior restrooms accessible to Lion's Park. Mr. Karlen displayed three design options. The Committee preferred Option 3, which features a slanted roofline with large opaque window openings and smaller glass block to allow for natural light to enter the building. The building would have several fabric canopies in the main entrance as well as a shaded structure over the concessions seating areas. The preferred design would also offer an open focal point through the middle of the building which would allow people that are coming up to the building to see straight into the pool area, This would also help the police department with evening surveillance ofthe area. The color pallet for the building has not been determined but the committee would like to see natural siding for the elevated part of the building with colored block to compliment. Cost estimates for construction of the project includes demolition and construction of the main building, site work for the area surrounding the new structure and related construction items. Also included are the added restrooms serving Lion's Park. In the estimate there is a contingency to cover miscellaneous items that have yet to be considered or are unknown at this time. The original cost for this project in the 2006 CIP was $1,080,000. The architecture services for the project were estimate at $108,200, which gives us $972,800 for construction. The proposed timeline for this park is to have bid documents available for advertisement in late July 2006 for September 2006 construction. The project completion would be in spring 2007. Cnc1. Lehman asked ifthe open design of the building would be conducive during the winter months for plumbing purposes. Mr. Karlen stated that in the current building the plumbing lines are blown out for the winter months. The new building would operate the same way. Cnc1. Lehman asked ifthere was a rough estimate of the cost of Option 1 or Option 2. Jeff Oertel of Oertel Architects stated that they did a cost estimate for Option 2 and the price was a little bit under Qpti9113 by iiP91lt 2 to 5 percent. Mr. Oertel stated that they didn't do a cost Official Proceedings of the July 05, 2006 Shakopee City Council Page -6. estimate for Option 1 because it didn't get a lot of interest. Mr. Oertel did state that it would likely be the least expensive of the three options. Cncl. J oos had a concern with the flat roof design. His concern is with regard to maintenance after a number of years. Cncl. Joos also asked if the design would be ADA compliant. Mr. Karlen stated the facility would be ADA compliant. Cncl. Joos also asked ifthe current restrooms at Lion's Park would be torn down ifthe Aquatics Park building were built. Mr. Karlen stated that there haven't been any decisions made with regard to that. Mr. Karlen did state that the current bathrooms in Lion's Park need some repair and they are not ADA compliant. Cncl. Clay would like to see a change in the design to allow for quick connects in the bathrooms and changing areas. This would allow the maintenance person responsible for cleaning those areas easier accessibility rather than one connection and dragging around a long hose to clean the areas. Cncl. Clay also asked if the floor drains have sand traps in them. Mr. Oertel stated that there would be different spots throughout the facility for water connections. Mr. Oertel also stated that sand traps haven't been discussed in detail at this time. Cncl. Menden stated that he likes the Option 3 design; He does have a concern with vandalism to the glass block and the ability to replace them. Cncl. Lehman brought up the fact that the project is near budget capacity and that there will probably be hidden and unforeseen costs as the project progresses. Cncl. Lehlnan would like to see the project stay within budget. Mark Themig, Park, Recreation, and Facilities Director, stated that there is a $45,000 contingency, which is 4-5 percent of the project budget. He did state that the lifeguard area can be reduced and would reduce the cost. Mr. Themig also stated that all park restrooms would have trench drains, which is a very easy maintenance type of drain. Regarding the glass block, Mr. Themig stated that he has spoken to other cities regarding vandalism to the glass block. Mr. Themig stated that the blocks are easy to replace if they were broken. Mayor Schmitt stated that his concern with the project is the flat roof design and that he prefers a peak roof of some source. The other concern is the distance the patrons of Lion's Park would have to travel to use the restrooms connected to the Aquatics Parks building. Clay/Menden moved to direct staff to proceed with ordering plans and specification for the aquatic park support building using Option 3 as presented plus other concerns as discussed. Motion carried 5-0. Mark Themig, Park, Recreation, and Facilities Director presented the City Council with the outcome of the three-month pilot program where the Park and Recreation Advisory Board (PRAB) and Environmental Advisory Committee (EAC) met jointly to determine the effectiveness of a joint board. Official Proceedings of the July 05, 2006 Shakopee City Council Page -7- After considerable discussion on the benefits of meeting jointly, the EAC and PRAB both agreed that their areas of responsibility are comprehensive and unique, so it would be in the best interest of the City to continue on as separate boards. However, they did recognize that when it comes to reviewing developments, it was extremely beneficial for them to meet jointly in order to better understand the perspective that each board takes regarding development. Therefore, they have requested that when a major development is being reviewed, that the review be scheduled as a joint review at the beginning of alternating meetings. Cnc1. Lehman stated he had the opportunity to watch one of the meetings. He would like to see the EAC and the PRAB keep their focus on what their charge is taken from the ordinance as members of these groups. He feels that during the meeting he watched there was a lot of discussion that wasn't focused on what they are charged to do as members ofthis group. Cnc1. Lehman also stated that he agrees that the two boards should be separate and that the open vacancies on the boards should be filled. Cncl. Menden stated that at the last joint meeting of these groups they felt frustrated as to what direction the Council was providing to them. They are wondering what the big issues are that they should be focusing on. Mr. Themig stated that this will be discussed at an upcoming workshop. Cnc1. Joos and Cnc1. Clay liked the idea of the separate boards and coming together on planning issues. Mr. Leek said that it's always been a challenge meeting the statutory deadlines for planning issues given that each of the boards only meet once a month. Mr. Leek feels it will be a little challenging to conformto those deadlines but feels it will work. Mayor Schmitt acknowledged that there was consensus that both Boards continue to meet separately and not be combined into one. Menden/Joos moved to recess for 10 minutes (8:42 p.m.). Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:52 p.m. Mark Themig, Park, Recreation, and Facilities Director, presented Council with the re-bidding amounts for Huber Park and Related Riverfront Redevelopment, Fillmore Street Extension and Alley improvements. Mr. Themig stated that in May the City Council rejected the bids for Huber Park and related work. At that time, the Council directed the project to be re..bid in two separate bid packages, with the buildings in one package and the site work in a separate package. They also directed the park pavilion building (restroom/storage) be added to the bid alternate list. Official Proceedings of the July 05,2006 Shakopee City Council Page -8- The low bidders were K.A. Witt Construction for the Site Work Package with a bid of $2,196,473.00 and Greystone Construction for the Buildings Package with a bid of $1,138,601.88. Grand total of both bids is $3,335,074.88. Mr. Themig stated that there were two bid protests regarding late bids and a bidding irregularity that the City Council needs to be aware of. Two of the bids were received after the 2:00 p.m. deadline. One was received at 2:03 p.m. and the other at 2:05 p.m. Since the reading of the bids had not started, the two late bids were included in the reading. The bidders were advised that the City would confer with the City Attorney on whether or not the late bids would be accepted. While waiting for a response from the City Attorney, the City received formal bid protests from Greystone Construction and S.M. Hentges & Sons. The City Attorney provided an opinion that the bid documents prohibits the City from considering a bid that was received after the bid deadline. Therefore, the late bids from A&L Construction and Viet and Company, Inc. could not be considered. The second protest relates to the bid alternates. Two of the bidders wrote in something different than a specific dollar amount for select bid alternates: K.A. Witt: "Use Unit Prices" and Deduct $300/LF" and Gladstone Construction: ''No Bid". S.M. Hentges is protesting the apparent low bidder for the site work because S.M. Hentges claims that the bidder is required to fill in an actual dollar amount for the alternates. The City Attorney, Mr. Thomson provided an opinion that if the City Council chooses to award the contract with the recommended bid deduct (or award the contract in full), K.A. Witt's bid is acceptable because we can calculate the actual dollar amount for the deduct since the plans specifically state a linear foot amount. However, if the City Council chooses to select an alternate that is listed as "Use Unit Prices", the bid would need to be rejected because the amount could not be calculated. Mr. Themig stated that the park project was over budget and that an inter-fund loan of$2 million would be needed. He reviewed the 1006-2010 CIP for park projects which included a five year inter-fund loan payback. He noted that the Park and Recreation Advisory Board has not discussed the 5-year CIP. They need to know what the Council's desire is regarding the Huber Park improvements. Cncl. Joos asked Mr. Themig that if this project moved forward how the Park and Recreation Board would feel about not having any funds for the next couple years. Mr. Themig stated that all projects up to this point would be completed and that the Park and Recreation Board feels that the Huber Park projectneeds to move forward and completed in its entirety and deal with the ramifications of that down the road. Cncl. Lehman stated he was confused as to why some items, specifically the boat landing, are in the bidding package but yet Mr. Themig stated these items are not part ofthe project. Mr. Themig stated that the boat landing is in the bidding package but the other funding sources, the DNR Boat Landing grant, the Lower Minnesota River Watershed District funding grant is part of the revenue side. Official Proceedings of the July 05, 2006 Shakopee City Council Page -9- Cnc1. Menden stated he doesn't feel comfortable with the over expenditure of the entire project. However, Cnc1. Mended said that he's been on the Council for three years and realizes the need for the park and its completion. Cnc1. Menden stated he is in favor of accepting the bids with the recommended deductions. Menden/Joos offered Resolution No. 6454, A Resolution Awarding a Contract to K.A. Witt Construction for the Site Work Package of Huber Park and Related Riverfront Redevelopment, Fillmore Street Extension, and Alley Improvement Project No. PR2005-3, and moved its adoption; and, Menden/Joos offered Resolution No. 6455, a Resolution Awarding a Contract to Greystone Construction Company for the Buildings Package of Huber Park and Related Riverfront Redevelopment, Fillmore Street Extension, and Alley Improvement Project No. PR2005-3, and moved its adoption; and directed that additional project funding be allocated from the Park Reserve Fund with an inter-fund loan (Resolution Numbers 3 and 4 with the staffmemo). Discussion followed. Mr. Themig stated that if development continues, there will be the resources to complete projects identified in the CIP and if there are not, some proj ects will have to be deferred. Cnc1. Lehman does not agree with the funding ofthe project and feels that there are better ways to utilize the park without spending the money needed to complete the project especially when it's not budgeted. Mayor Schmitt is also concerned with the funding ofthis project and allocating funds from the Park Reserve. Mayor Schmitt is concerned with taking money set aside for park development in future plats and using it for other park funding such as Huber Park. Mayor Schmitt thought the strategy of creating neighborhood parks was to assemble the funds from developers to build the parks when the developer is there grading the land and laying trails then whatever is left over should go into the Park Reserve for the community parks such as Lion's Park, Tapah Park, Huber Park, etc. Cncl. Joos understands Mayor Schmitt's concern but states that the only park development that would ever take place is neighborhood parks because there wouldn't be any money for the community parks. Cnc1. Joos feels that the entire process is a balancing act and that Mr. Themig is doing a very good job. Cncl. Joos also said that Huber Park is a key point in developing the riverfront and First A venue and he is in favor of moving on with the development Huber Park. Mayor Schmitt also sited concerns over spending money in the riverfront area because ofthe risk of flooding. Mr. Themig stated that none of the work that was shown on the plan along the river is part of the current proj ect. In January a decision was made to do the park development first and develop the riverbank later. Official Proceedings of the July 05, 2006 Shakopee City Council Page -10- Cncl. Clay stated that the City needs to continue to make investments in the downtown area that show investors that the City is committed to improving and redeveloping the downtown area. Cncl. Clay said that Huber Park is a key area in redeveloping the downtown area. Mayor Schmitt asked for comments from the audience relative to Resolution 6454, regarding the contract for site work. Gary Zajack, Project Manager for S.M. Hentges and Son's, stated that they bid the original project in April 2006 and also bid the second round for the site work only. Mr. Zajack feels that the awarding bid has some irregularities. He also stated that as the Project Manager bidding projects is taken very seriously and they follow bidding instructions to a "T" because they don't care to lose work over technicalities. Bob Huber an attorney who represents S.M. Hentges and Son's addressed the council. Mr. Huber states that the irregularities in the bids are material irregularities, that are required by law, and require the rejection of the bid from K.A. Witt. The purpose of public bidding is to eliminate the possibility of fraud and collusion or favoritism and because of that the bidders and city councils and other public bodies have got to turn straight comers. The bidders are required to follow the requirements ofthe bidding documents and not make changes. The bidders need to comply with the directions that are given in the bidding documents. In this bidding process it was stated that the contractors need to bid a lump sum (LS) and not use unit prices. He stated that he believes that the bids from Witt and Gladstone should be rejected. Mr. Thomson's opinion is that if a bidder didn't submit a bid on an alternate they are simply at risk ofloosing the contract if the Council chooses that alternate. The second issue is that in the particular alternate that's being recommended as part of this motion there was a bid submitted . even though the alternate did say lump sum (LS) the bidder put in 300 per lineal foot. The engineer and the architect are saying it's an easy calculation and in fact that bid item in the bid package was a linealfoot bid and it wasn't a lump sum bid. Mr. Thomson feels that the Council could proceed with awarding the contract to the low bidder, K.A. Witt. Cnd. Lehman called the question. Mayor Schmitt stated that all those in favor of limiting debate signify by the usual sign. Motion carried 5-0. Mayor Schmitt asked for a voice vote on approving Resolution 6454, version number 3 in the staffmemo, awarding a contract to K.A. Witt Construction for the site work package of Huber Park and related riverfront development including Fillmore Street Extension and Alley improvement, Project PR 2005-3. Motion carried 3-2 with Councilor Lehman and Mayor Schmitt dissenting. Mayor Schmitt asked for a voice vote on approving Resolution 6455, version number 4 in the staffmemo, awarding a contract to Greystone Construction for the building package of Huber Park and related riverfront development including Fillmore Street Extension and Alley improvement, Project PR 2005-3. Motion carried 3-2 with Councilor Lehman and Mayor Schmitt dissenting. Official Proceedings ofthe July 05, 2006 Shakopee City Council Page -11- . Mayor Schmitt stated that on that assumption the presumption is that members of the City Council have agreed with the City's legal counsel and found that the bids that were accepted were in accordance with the process. Michael Leek, Community Development Director presented the Council with the Final Plat of Ridge View Farms. Mr. Leek stated that in the resolution the plat Ridge View Farms is to be renamed to Ridge View Estates. The general location is north of Eagle Creek Blvd. and west of Pike Lake Road. The plat, as currently proposed, contemplates the construction of 54 single- family homes on 45.27 acres. The preliminary plat was approved on September 6, 2005. The final plat application was received March 09, 2006. On April 18. 2006 this item was on the Council agenda but it was deferred because of ongoing discussions about the design and costs of Pike Lake Road. At the time of the final plat submission there was a submission of a complete set of grading, drainage, and utility plans. There are six pages of conditions to this resolution. One is that it's bounded by future County Road 21 and we don'thave the design for County Road 21. In the report the County has provided a slope easement agreement to the developer. There are woodlands and steep slopes on this property and some issues have risen related to woodland removal for future County Road 21 and within this project. There is a looping requirement for Shakopee Public Utilities water provision. There have been ongoing discussions about how that looping should take place. The water supply plan has not been approved by Shakopee Public Utilities. One of the items of discussion has been in connection with one ofthe loops between two cul-de-sacs whether to open trench in order to install that line or to jack through it. The City's preference is to jack that line through in order to preserve some of the slopes and woodlands because there would be a significant amount of trees that would be lost. One of the related items of discussionis the material to be used for the line. The material that the developer would prefer to use is not one that Shakopee Public Utilities staff can administratively approve. Additional information is required by the U.S. Army Corps of Engineers on the wetland replacementplan, due toa change of staff. Mr. Leek also noted that paragraph BB on page 8 should be amended to include reference to the City's policy regarding marking boundaries of park, open space, and conservation easements. Mayor Schmitt asked what the status was ofthe tree removal and the remedies for the tree removal. Mr. Leek stated there is documentation of what occurred in the packet the Council received. The remedy is to require additional tree replacement under the Woodland Management Ordinance for those trees that were removed without prior authorization. Mayor Schmitt asked if the applicant wished to speak or if this. item should be tabled until Mr. Loney was present. Gary Wollschlager of Tollefson Development stated he would like to make some comments. '. Official Proceedings ofthe July 05, 2006 Shakopee City Council ~ Page -12- Mr. Wollschlager stated since the preliminary plat approval he has attended numerous meetings with City staff as well as the Shakopee School District regarding this site to provide water services and road services for the new school that will be constructed on the south side of Eagle Creek Boulevard. Final plat submission was withheld until the meetings were concluded and he thought everything was covered. On November 17, 2005 Mr. Wollschlager submitted final construction plans to the engineering department. Changes have been made and the road design submitted 6 weeks ago is not good enough. He hoped that he would have to attend a City Council Meeting regarding a resolution that has over 82 conditions. Mr. Wollschlager stated that he disagrees with 22 items in the resolution. Mr. Wollschlager's concern is that he has signed an agreement with the School District for the sale of the land and in that agreement Tollefson agreed to provide water to the property the School District purchases to begin construction of a new schoo1. Mr. Wollslager stated he has contractual obligations to the School District and to the City but is unable to do the work do to the time delays. Mr. Wollschlager also mentioned an issue with Scott County and the slope easement. When the package was put together the County was buying right-of-way from the City for County Road 21. As time passed the County wanted an additional 32 feet of right-of-way for a slope easement to build County Road 21. He is wondering why the County doesn't buy the 32 feet of right- of- way on the City's side where there wouldn't be a problem. Mr. Wollschlager showed pictures ofthe tree that was taken down on the site. Mr. Wollschlager stated that the tree was dead and the trunk was rotted. The tree was taken down by mistake but the fact was that the tree was dead.. Mr. Wollschlager said he will take the blame for the tree coming down but the fact was it was coming down due to the tree being rotted and/or it was in the County's right-of-way. Mr. Wollschlager is hoping that the 22 issues within the Resolution, that he doesn't agree with, can be worked out with staffbefore the next Council meeting on July 18, 2006. MendenlJoos moved to table the final plat of Ridge View Farms to July 18, 2006. Motion carried 5-0. Mark McNeill, City Administrator, asked City Council to authorize a continuation of the designation of portions of Lewis Street for a custom car display for five Wednesdays during the summer. Mr. McNeill stated that at the May 16, 2006 City Council meeting the Council approved designating Lewis Street from 1st A venue south to 3 rd A venue as parking for custom cars and street rods only two nights a month from June thru September. The intent was that this would be an opportunity for owners to gather at one location and display their cars, and members ofthe public could view them. At that meeting there were concerns expressed by one downtown business owner. Council's decision at that time was to approve for two Wednesday nights in June only and to have this issue reviewed again before the car show could be continued in July. Official Proceedings of the July 05,2006 Shakopee City Council Page -13- Another question has also been raised as to whether additional liability insurance should be required for this event. Mr. McNeill spoke with the City's insurance broker, who indicated that this event creates no increased liability for the City, as the action is merely designating where people can park. Terry Hennen, owner of The Sportstop, and the manager of Sa usa lito's Restaurant, next to The Sportstop, have advised Mr. McNeill that this event has created problems for them. Both business owners stated that customers cannot get access to these businesses during the car show. Brian Turtle, the sponsor of Hot Rod Wednesday's, previously had signed the area in front of The Sportstop and Sausalito's to begin parking south of the alley, however the display vehicles have ignored the signage. Mr. Turtle has proposed to place handwritten signs in traffic cones in two of the spaces in front of The Sportstop designating them "15 minute parking tonight only". The solution was discussed with Mr. Hennen and he opposed the solution. He proposed that Hot Rod Wednesday only happen once a month and that event parking begin south ofthe alley as originally proposed. Terry Hennen addressed the Council with his concerns of allowing the event two times a month. Mr. Hennen provided pictures for the Council of the parking problem during the event. Mr. Hennen feels that "15 minute parking" signs will not solve the issue and that event patrons will continue to park in those parking areas. Mr. Hennen would prefer event parking south of the alley, which would allow for customer parking in front of his business. He also stated that he would like the parking to be enforced by law enforcement. Mayor Schmitt stated that the original approval was to park from the alley south on Lewis Street and this should be enforced. Mayor Schmitt would like to direct the Police Department to enforce business parking only on the east side of Lewis. from 1 st A venue to the alley. Mr. McNeill stated that one ofthe things the City was trying to avoid was having local police patrolling that area during their peak call times during the day. Mr. McNeill said that Brian Turtle and the organizers of this event were going to do enforcement themselves with the use of signage. Cncl. Lehman made the suggestion to send a letter to the event organizers that if event parking is not south of the alley the Council would revoke the event privilege. Cne!. Clay agreed with Cncl. Lehman. Jack McGovern, also addressed the council with his concerns of City liability for this event. Mr. McGovern, who chairs the Shakopee Derby Days event, stated that he is required to take out liability insurance for the Derby Days event and also feels that Brian Turtle should also take out liability insurance for Hot Rod Wednesdays. LehmanJMenden moved to allow the continuance ofthe custom car display contingent on event parking being south ofthe alley on Lewis Street and only business parking allowed on Wednesday nights during events north of the alley. Motion carried 5-0. Menden/Joos moved to continue this meeting until 11 :30 p.m. Motion carried 4-1 with Councilor Clay dissenting. Official Proceedings of the . July 05, 2006 Shakopee City Council Page -14- Joos/Menden moved to recess for an Economic Development Authority meeting at 11: 15 p.m. Motion carried 5-0. Mayor Schmitt re-convened the City Council meeting at 11 :30 p.m. MendenlLehman moved to adjourn to Monday, July 17, 2006, at 7:00 p.m. Motion carried 5-0. The meeting was adjourned at 11 :30 p.m. ~J.Gf ~th s. Cox City Clerk KimWeckman Recording Secretary