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HomeMy WebLinkAbout5.F.3. Approve Minutes of September 19, 2006 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SfUU(OPEE,M~ESOTA SEPTEMBER 19, 2006 Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Terry Joos, Steve Menden, and Matt Lehman present. Also present were Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; R.Michael Leek, Community Development Director; Mark Themig, Parks, Recreation and Facilities Director; Bruce.Loney, Public Works Director/City Engineer; Jim Thomson, City Attorney; and Judith S. Cox, City Clerk. The Pledge of Allegiance was cited. Mayor Schmitt asked if there were any additions or deletions to the Agenda. Mr. McNeill asked that items 5.B.!, Consideration of Waiving Building Permit Fees for Park Building; 5.F.3, Reservation of Fund Balance - Building Permit Activities; and 5.F.6, Amending the 2006 Budget - Res. No. 6462, be deleted from the Agenda until the October 3, 2006 meeting when Gregg Voxland, Finance Director, would be at the meeting to answer questions. Joos/Clay moved to approve the Agenda as amended. Motion carried 5-0. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Cncl. Lehman stated he would like item 5.C.l, Upholding Board of Adjustments and Appeals Denial of Variances for Shelter of Shakopee for property located at 1523 3rd Avenue West - Res. No. 6486 and 5.CA., CSAH 18 Park and Ride Cost Sharing Agreement with Scott County pulled from the Consent Agenda. Cncl. Lehman also asked that 13 .B.l, Consider Bids for Savannah Oaks Neighborhood Park, Project PR2005-5 - Res. No. 6488 and 13.D.l, Purchase ofGIS/GPS Software and Hardware for Public Works GIS/AMS System be added to the Consent Agenda. Joos/Menden moved to approve the Consent Agenda as amended. Motion carried 5-0. Joos/Menden offered Resolution No. 6489, A Resolution ofthe City of Shakopee, Minnesota, Accepting a $1,000 Donation from Sam's Club Foundation, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Menden offered Resolution No. 6494, a Resolution of the City of Shakopee, Minnesota, Accepting a Technology Donation from the National Center for Missing and Exploited Children, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Menden moved to declare the 2002 Ford F -150 pickup, VIN: 1 FTR W08L22KA 76931, the 1997 Chevrolet Lumina, VIN: 2G 1 WL52M8Vl 1'84073, and the 1992 Buick Skylark, VIN: 1 G4NJ54N9NC649447 as surplus property. (Motion carried under the Consent Agenda) Joos/Menden moved to authorize the purchase of the following playground equipment for the Parks as listed below: 1. Play equipment and installation from MN/WI Playgrounds, manufactured by Gametime for Valley Creek Crossing Park, for a total of $39,928.1 O. Official Proceedings of the September 19, 2006 Shakopee City Council Page -2- 2. Play Equipment and installation from Flanagan Sales, manufactured by Little Tykes for Savannah Oaks Park, for a total of $40,000.00. (Motion carried under the Consent Agenda) Joos/Menden offered Resolution No. 6500, A Resolution of the City of Shako pee, Minnesota Accepting a local Trails Connection Grant Program for the Quarry Lake Park Project, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Menden moved to accept the resignation of Jason Hunt from the Historical Preservation Advisory Commission, and authorize the appropriate City officials to take the necessary steps to fill the vacancy created by Mr. Hunt's resignation. (Motion carried under the Consent Agenda) Joos/Menden offered Resolution No. 6485, a Resolution Approving the Registered Land Survey for property located within Dean Lakes 4th addition, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Menden moved to approve the payment of$I,500.00 to Pelagieand Glenn Snesrud and Patricia and James Cates, property owners of 1502 1 st A venue East, for a drainage and utility easement. (Motion carried under the Consent Agenda) Joos/Menden moved to authorize staff to use the repurchase agreement with Seimon Implement, Inc. on unit #134 a John Deere 5425 Tractor with the total cost not to exceed $8,520.00. (Motion carried under the Consent Agenda) Joos/Menden offered Resolution No. 6492, A Resolution Declaring the Costs to be Assessed and Ordering the Preparation of Proposed Assessments for the Riverside Bluffs Trunk Sanitary Sewer Extension, Project No. 2006-4, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Menden offered Resolution no. 6491, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Swamp Lake Wetland Mitigation, Project No. 2006-9, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Menden moved to grant Darlene Bjerketvedt full-time, regular status as a Records Technician. (Motion carried under the Consent Agenda) Joos/Menden moved to approve the bills in the amount of$2,715,738.56. (Motion carried under the Consent Agenda) Joos/Menden moved to approve the City Council Meeting Minutes of August 14,2006 and August 15, 2006. (Motion carried under the Consent Agenda) Joos/Menden offered Resolution No. 6490,A Resolution Accepting Work On The Construction Of The Shakopee Public Library Building, and Ordering Release Of Retainage As Final Payment, and moved its adoption. (Motion carried under the Consent Agenda) Official Proceedings of the September 19, 2006 Shakopee, City Council Page -3- Joos/Menden offered Resolution No. 6499, A Resolution Designating A Director For The Institutional Communications Network Joint Powers Board, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Menden offered Resolution Number 6487, A Resolution Reassigning Special Assessments For Parcels 279050210 and 279050211, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Menden moved to declare the following property as surplus: 1990 Ford Grass Rig IFTHF36G4LKB19105. (Motion carried under the Consent Agenda) Joos/Menden moved to retain, Kern, DeWenter and Viere as auditors for fiscal year 2006 at the proposed amount of $32,475.00. (Motion carried under the Consent Agenda) Joos/Mendenoffered Resolution No. 6493, A Resolution Supporting Passage of the Minnesota Transportation Constitutional Amendment Regarding Motor Vehicle Sales Tax Dedication, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Menden moved to direct City staff to add signage for School Bus Parking to the south side of the 100 block of 5th A venue East. (Motion carried under the Consent Agenda) Joos/Menden offered Resolution No. 6498, Changing the November 7,2006 City Council Meeting to Wednesday, November 8,2006, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Menden offered Resolution No. 6488, a Resolution Accepting Bids for Construction of Savannah Oaks Neighborhood Park, Project No. PR2005-5, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Menden moved to authorize staff to purchase additional hardware and software to implement a GIS Asset Management System for the Public Works Department at a cost not-to- exceed $41,000 and these purchases to'be funded as per the September 19,2006 memo from the Public Works Director. (Motion carried under the Consent Agenda) (CC Document No. 422) Mayor Schmitt asked if there was anyone who wished to discuss an item not on the agenda. No one responded. Mayor Schmitt asked for discussion on items removed from the Consent Agenda. Cncl. Lehman discussed the appeal of the Board of Adjustment and Appeals denial on variances of allowable building materials and rear yard setback for Shelter of Shako pee, located at 1523 3rd Avenue W. Cncl. Lehman stated that he feels very strongly that granting the variances will improve the tax base and improve the appearance of the area and would be as the Council has done with other businesses such as Rahr and Valleyfair. Cncl. Lehman stated that he is opposed to Resolution Number 6486. Official Proceedings of the September 19,2006 Shakopee City Council Page -4- Joos/Clay offered Resolution No. 6486, a Resolution of the City of Shako pee Upholding the Board of Adjustment and Appeals Determination Regarding a Variance of Allowable Building Materials and a Reduced Rear Yard Setback for Property Located at 1523 3rd Avenue West, and moved its adoption. Discussion followed. Cncl. Joos understands where Cncl. Lehman is coming from with his objection to the Resolution. Cncl. Joos stated that he visited the business with the applicant and stated that the buildings are going to be long-term. He noted that the ordinance that is currently in place is so that long-term businesses would be upgraded so that some of the buildings that are out there would be made more appealing. Cncl. Lehman feels that it's not fair to put this applicant through this appeal process when adjustments had been made in the past for businesses such as Rahr and Valleyfair. Mayor Schmitt stated that the business in question is on the western "front door" to the City of Shakopee. He also stated that people that travel on County Road 69 will have site of the buildings on that property. Mayor Schmitt asked for a vote on Resolution No. 6486, which denies the variance. Motion carried 3-2 with Councilor's. Lehman and Menden dissenting. Mayor Schmitt asked for discussion on the CSAH 18 Park and Ride Cost Sharing Agreement that was pulled from the Consent Agenda. Cncl. Lehman asked what the time frame is for the Council to see the concept plan, building material selection, etc. Cncl. Lehman said he's been receiving questions from the public on those issues. Michael Leek stated that at the next Council meeting he would bring the most fully developed plans the City has for the site. Mr. Leek then gave a little back ground on the project. The site chosen is a seven acre site to accommodate up to 1500 parking spaces. The land is located north of the Home Depot. Mr. Leek discussed that there are approximately 163 significant oak trees on the property. He stated that approximately 43 of those trees would be preserved. Mr. Leek stated that he would be working with Mark Themig and his staff to develop a tree replacement plan that meets with the requirements of the City's woodland management regulations. Cncl. Lehman asked Mr. Leek if the building will need to meet all the building standards set by the City. Mr. Leek stated that the building would need to meet any building codes in place. Drainage would also need to meet the cities requirement for the site, Cncl. Menden stated that due to the large tree loss at this 10cation the Economic Development Committee (EAC) was wondering at what point do public building projects go before some of the cities advisory boards and councils. Mr. Leek stated that the City did not approve a resolution for a tree preservation ordinance that was brought in front of Council approximately two years ago. The City only adopted woodland management regulations. The tree preservation ordinance that was turned down would have allowed approximately 26% of the trees to remain Official Proceedings of the September 19,2006 Shakopee City Council Page -5- standing in a commercial/industrial site. Mr. Leek stated that the 46 trees that will remain on this particular site is approximately 26% of the 163 total trees on the site. Lehman/Clay moved to direct the appropriate City officials to enter into a cost sharing agreement for the CSAH 18 Park and Ride site; and, directed staff to assess engineering fees against the project. Motion carried 5-0. Mayor Schmitt asked for the liaison reports from the Council members. Cncl. Clay had nothing to report. Cncl. Joos attended a SPUC meeting. He said that the Commission has decided not to move forward with WiFi due to the cost. Cncl. Menden attended the Downtown Partnership meeting and the banners for the 150 city celebration. Cncl. Menden also stated that he attended a school board meeting in which they stated they are running the I-net wiring to the new high school and new elementary school which the City will be able to tie into that system for the new fire station in the future. Cncl. Lehman contacted Congressman Kline's office as requested by Council regarding the riverbank stabilization for the westerly pipe under the bridge. The other issue was to change some of the language of the length oftime that builders can claim damages. Cncl. Lehman said it's been difficult to make contact with Congressman Kline because he is currently in Washington D.C. in session. Cncl. Lehman is hopeful that when Congressman Kline gets back from Washington he will be able to meet with him. Mayor Schmitt recessed for the Economic Development Authori~y meeting at 7:35p.m. Mayor Schmitt re-convened the meeting at 7:37 p.m. Mark Themig presented the Council with the consideration of bids for the Aquatic Park Building. Twelve contractors submitted bids on the building design. The apparent low base bid was $658,900 and the high base bid was $860,000. The architect's estimate was $945,000 so the low base bid is approximately $286,100 under the architect's estimate. The bid contained seven alternates for consideration. Since the low bid came in $286,100 under the architect's estimate, recommendations were for alternates to be included: 1. Lion's park restrooms -'$26,277; 3. Double-lock metal roof - $23,725; 4. Supported fabric awnings - $13,397 5. Pattern in exterior concrete - $12,338 6. Automatic flush valves & controls - $3,780 7. New 4" line from building for Lion's restroom - $12,495 Mr. Themig stated that several items were identified in the pre-bid cost estimates as other improvements that could be considered outside of the contract if funding was available. The 2008 CIP has $100,000 identified for the replacement of the waterslide. In meeting with U.S. Aquatics staff found that waterslide replacement could be as high as $200,000 - $400,000, depending what options are selected. Recommendations are to be reported back to City Council over the winter at a work session with more definite figures. , Official Proceedings of the September 19, 2006 Shakopee City Council Page -6- Mr. Themig stated that Ebert Construction was the low base bidder at $658,900. With alternates 1,3,4,5,6 and 7, Ebert Construction's bid is $750,862. Ebert Construction's bid with alternates 1,3,4,5 and 6 is $738,367. The second low bidder with alternates 1,3,4,5,6 and 7 is CM Construction at a cost of $810,500. With alternates 1,3,4,5 and 6, CM Construction's bid is $768,500. Mr. Themig reported that Oertel Architects was notified on September 18, 2006 that the low bidder; Ebert Construction made a mistake in their bid. The letter was received 11 days after the architect verbally confirmed with Ebert Construction that they were comfortable with their bid numbers. According to the letter that Ebert issued on September 18, they are requesting an additional $20,800 for Alternate No.7. If the City is not willing to provide the additional funding, which the city cannot legally do, the contractor has requested that we not include it in the contract, or allow the contractor to withdraw the bid. Mr. Themigadvised the Council that there are two options to consider. One is to award the contract to Ebert Construction with alternates 1,3,4,5,6 and 7. The second option is to permit Ebert Construction to withdraw the bids and award the contract to the next lowest bidder, CM Construction, with alternates 1,3,4,5 and 6. Randy Pavey, Project Manager for Ebert Construction addressed the Council. Mr. Pavey stated that he was contacted by Oertel advising him that he was the low bid, Thomas Stromsodt stated that City was interested in alternates 1,3,4,5 and 6. Mr. Pavey stated that he rechecked his bid with alternates 1,3,4,5 and 6. Mr. Pavey then stated that he was notified on September 18th that the City was interested in alternate 7 as part of the bid package. Mr. Pavey found that he had an error on his spreadsheet and alternate 7 was bid $20,800 lower than it should have been. Mr. Pavey then informed Oertel of the error. Mr. Pavey stated that if the bid is accepted with alternate 7, Ebert Construction can not do the bid for $12,495. Mr. Pavey then stated that he just found out that if he withdraws the bid the City would choose the second lowest bidder which does not include alternate number 7. Mr. Pavey said that if the City chooses to take the second lowest bidder without number 7 he would need to take legal action. The City Attorney, Jim Thomson, advised the Council that there is no way the Council could allow a bidder to change the numbers that they submitted in the bid documents. Mr. Thomson stated that the mistake by Ebert Construction is not apparent because there were two other bidders who bid alternate 7 lower than Ebert ,Construction bid. Mr. Thomson also stated that if the contractor asks the Council to withdraw its bid the Council can accept that but the contractor only has one option and that is to ask that the entire bid be withdrawn. The contractor can not pick and choose which options he's willing to do after the bid has been awarded to him. Cncl. Clay asked if the other option is to accept the bid and have the contractor do the work for what he bid the project with alternate 7. Mr. Pavey said that he can not do the project with alternate 7 and would be forced to withdraw. Mr. Clay then asked if the City has the option not to let the contractor withdraw. Mr. Thomson stated that the Council can hold Ebert Construction to the bid it submitted. Official Proceedings of the September 19,2006 Shakopee City Council Page -7- Menden/Joos offered Resolution No. 6495, a Resolution Accepting Bids and Awarding a Contract for the Construction of the Shakopee Aquatic Park Building, Project No. PR2006-3, to Ebert Construction with alternates 1,3,4,5,6 and 7, and moved its adoption. Discussion followed. Cncl. Menden stated that he realizes that Ebert Construction is on the lower side of the bid with alternate 7 but that there are two other lower bids. Cncl. Menden asked Mr. Pavey that Ebert Construction should honor their bid and do alternate 7 for the amount they bid. Cncl. Joos asked Mr. Thomson if the City awards the bid what step is next. Mr. Thomson stated that if the resolution is adopted the contractor has a time frame to sign the contract. If the contractor chooses not to sign the contract the City has the right to make a claim on the bid bond and then decide whether to award to the second low bidder. The claim on the bid bond would be the difference between what they bid and what the damages are by going to a higher priced bidder. Cncl. Lehman stated that the contractor already stated that he will withdraw the bid if it is accepted as is. Cncl. Lehman asked Mr. Pavey what his intentions are if the bid is awarded to him. Mr. Pavey stated that if the bid is awarded with alternates 1,3,4,5,6 and 7, Ebert Construction would have to withdraw its bid on the project. If the City chooses the next lowest bidder without alternate 7, Ebert Construction would have to look at taking legal action. Mr. Thomson advised the Council that Mr. Pavey is under the impression that it's his right to withdraw the bid and it's not. It's a request that is made to the Council and the Council has the authority to allow the contractor to withdraw the bid. Cncl. Lehman called the question. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Motion carried 5-0 on Resolution No. 6495 awarding the bid for construction of the Shakopee Aquatic Park Building to Ebert Construction. Menden/Joos moved to remove the bids for the Soccer Complex Building from the table. Motion carried 5-0. Mr. Themig stated that this item was tabled at the last meeting to give the Council more time to consider the discussion ofthe Soccer Complex. Mr. Themig stated that he spoke to the architects regarding why the Soccer Complex Building was so much more money than the Aquatics building. Their response was that the exterior of the soccer complex is all brick so it matches the existing buildings on the site. The other item that was more expensive was the windows in the soccer building. The low bidder was Gladstone Construction at $593,000. There were five bid alternates that were provided and the recommended bid alternate was the shade structure. The budget for this project is$536.000. The option the Council has is to reject all the bids and delete the project. The second option is to reject all the bids and redesign. The third option is to award the contract Official Proceedings of the September 19, 2006 Shakopee City Council Page -8- and allocate additional funding from the Park Reserve fund. Mr. Themig provided an update of the CIP summary for Council to review. Tom Temple, 812 Larkspur Court, Shakopee, who is a youth soccer coach, addressed the Council. Mr. Temple highlighted the need for the Soccer Sports Complex: 1. 300 members in the Association with a 35% growth since 2005 2. First tournament hosted in 2006 involved 38 teams with 450 kids participating. 3. Approximately 1,000 people at the complex for the tournament. 4. The need to rent portable bathrooms, concessions, storage rental and space for officials for the tournament. 5. The organization continues to grow and the needs are there and the cost for the complex keeps rising. Menden/Clay offered Resolution No. 6497, A Resolution Accepting Bids and Awarding a Contract for Construction of the 17tl1 Avenue Sports Complex Building, Project No. PR2005-2, including alternate No.4, Shade Structure, and moved its adoption. Discussion followed. Cncl. Lehman would like to stay within the budget but is not in favor of re-bidding it. Cncl. Lehman also stated that Council is going to need to re-visit the ordinance regarding building materials because he feels there are better alternatives out there. Cncl. Joos agreed with Cncl. Lehman however he feels that if alternate building materials are used than it becomes a maintenance issue. ' Motion carried 4-1 with Mayor Schmitt dissenting. Bruce Loney presented the Council with Consideration of the Ridge Creek Wetland Replacement Plan. Mr. Loney stated that the City received a Wetland Replacement Plan application from Kjolhaug Environmental Services Company on behalf of Ridge Creek I, Inc. City staff along with a Technical Evaluation Panel (TEP) has reviewed the application and determined the requirements of the Wetland Conservation Act (WCA) have not been metby this plan. The Wetland Replacement Plan, as proposed by the applicant, would fill approximately 3.52 acres of wetland. The impacted wetland is proposed to be replaced partially offsite with the construction of 3.52 acres of new wetland within a larger wetland complex proposed to be created as a wetland bank. The wetland bank site is located north of the Minnesota River, just to the East of county Road 101. The remainder of the impacted wetlands is proposed to be replaced onsite by claiming 3.52 acres of storm water basin construction as public value credits. Joos/Lehman offered Resolution No. 6496, a Resolution Denying the Wetland Replacement Plan for Ridge Creek Addition, and moved its adoption. Motion carried 5-0. Official Proceedings of the September 19, 2006 Shakopee City Council Page -9- Mr. McNeill asked the Council to set two workshop dates. One is to discuss some additions to the preliminary budget for 2007. The date chosen is Tuesday, October 24,2006. The other request is from the Police Chief, Dan Hughes, to hear presentations on the emergency management training and the Southwest Metro Drug Task Force. The date chosen is Tuesday, November 14,2006. Both meeting times would start at 6:30 p.m. Lehman/Menden moved to set up workshops for October 24,2006 and November 14,2006 at , 6:30 p.m. Motion carried 5-0. Mayor Schmitt asked if anyone had any other business to discuss. Cncl. Menden asked that the review of public projects be presented to the city's advisory boards and commissions. Cncl. Joos asked that caution be used about additional reviews by advisory boards and commissions' because of the time limitations and cost factor. Cncl. Menden asked if the Council could get a listing of donations for 2006 and what revenue stream it provides. Mr. McNeill stated that he would provide the Council this information. Cncl. Menden asked Mr. Loney if Council could get a demonstration of the GIS capabilities when it's up and running. Mr. Loney stated he would ask the vendor to set that up for Council. Mayor Schmitt also expressed interest in the scanning software and in the shop, the vehicle equipment maintenance program. He would like to know what software programs are in place and how they are doing. Menden/Clay moved to adjourn to 6:30 p.m., Tuesday, October 03, 2006. Motion carried 5-0. Meeting adjourned at 9:15 p.m. ~o~ .L1- City Clerk Kim Weckman Recording Secretary