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HomeMy WebLinkAbout5.F.2. Approval of Minutes: April 19, 2011ADJ. REGULAR SESSION Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members, Pat Heitzman, Steve Clay, Matt Lehman and Pamela Punt present. Also present Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Jamie Polley, Parks, Recreation & Natural Resources Director; Julie Linnihan, Finance Director; Jeff Weyandt, Assistant City Engineer; and Sherry Dvorak, Recreation Supervisor. The Pledge of Allegiance was recited. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SHAKOPEE, MINNESOTA APRIL 19, 2011 Mayor Schmitt asked if there were any additions or deletions to the agenda. Kris Wilson said staff added additional revised information to 5.D.2, Resolution 7094, Minnesota Joint Powers Agreement with the City of Shakopee on behalf of Scott Joint Prosecution and EDA 10, Updated Policies, Procedures and Guidelines to the City Commercial Rehabilitation Loan Program. Clay/Punt moved to approve the agenda as amended. Motion carried 5 -0. In the Mayor's report Mayor Schmitt said he attended the Law Enforcement Expo at the Jordan Training Center and the ground breaking ceremony for the 169/494 interchange. Mayor Schmitt also stated he has been visiting the construction site on the Hwy 101 corridor. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Cncl. Clay asked to remove 5.A.1., Extension of Preliminary Plat Approval for Maple Ridge Estates. Lehman/Heitzman moved to approve the Consent Agenda as amended. Ms. Wilson read the Consent agenda. Motion carried 5 -0. Lehman/Heitzman moved to direct the appropriate City Officials to execute the Memorandum of Understanding Pertaining to Coordination and Cooperation of Activities and Programs Related to Protection and Management of the southwest Metropolitan Area's Ground Water and Surface Water Resources. (Motion carried under the Consent Agenda) (CC Document No 491.) Lehman/Heitzman moved to approve a suspension of City Code Sec. 1060, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, requested by Northwest Asphalt, Inc. for work on the C. R. 101 Project; and, directed staff to publish notice of the suspension terms with the conditions as recommended by staff as outlined in the April 19, 2011 memo from the Public Works Director. (Motion carried under the Consent Agenda) (CC Document No. 492.) Lehman/Heitzman moved to approve the extension agreement with WSB & Associates, Inc. to provide construction services for the CSAH 101 Improvements. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve and authorize the appropriate city officials to enter into a Cleaning Contract with Plymouth Ridge, Inc. d/b /a Coverall Cleaning Concepts until December 31, 2011 for Lions, Memorial, Hiawatha, Tahpah, Homes, Huber, Scenic Heights Parks, and Soccer Complex at 17 Ave. East. (Motion carried under the Consent Agenda) Official Proceedings of the Shakopee City Council April 19, 2011 Page -2- Lehman/Heitzman moved to approve a suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, requested by PCI Roads, Inc. for the County Road 21 Project from CSAH 42 to CSAH 18; and, directed staff to publish notice of the suspension terms with the conditions as recommended by staff as outlined in the April 5, 2011 memo from the Public Works Director. (Motion carried under the Consent Agenda) (CC Document No. 492.) Lehman/Heitzman moved to authorize the appropriate city officials to execute the following agreements: 1. Shakopee Coyotes Baseball Team to operate Joe Schleper Baseball Stadium concession stand for all home Coyote games. 2. Shakopee Indians Baseball Team to operate Joe Schleper Baseball Stadium concession stand for all home Indian and Shakopee High School games. 3. Shakopee Jaycees to operate Tahpah Softball complex concession stands for adult softball league games. 4. Shakopee Soccer Association to operate the 17 Avenue Sports Complex concession stand. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to declare the 1996 Geo Tracker, VIN: 2CBJ1865T6948499; and the 1998 Honda Civic, VIN: 1HGEJ6673WL018592 as surplus property. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No.7093, Approving Master Subscriber Agreement for Minnesota Court Data Services between the Office of the State Court Administration and the City of Shakopee on behalf of its Prosecuting City Attorney Scott Joint Prosecution Association; and, Resolution No.7094 Approving State of Minnesota Joint Powers Agreements with the City of Shakopee on behalf of its Prosecution City Attorney Scott Joint Prosecution Association, effective April 19, 2011. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the hiring of Joseph Theis as a probationary Community Service Officer at Step E of Grade Level 2 of the City's 2011 Non -Union Pay Plan, effective April 25, 2011. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the bills in the amount of $543,360.52 and electronic transfers in the amount of $789,960.49 for a total of $1,333,321.01. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the minutes of April 5, 2011. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the closure of First Avenue from Somerville to Holmes, and Lewis Street from First and Third Avenues on alternating Friday nights from 6 to 10 PM, beginning June 3 and ending September 23, 2011, for the Shakopee Downtown Classic Car Cruise. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the transfer of the 3.2 percent malt liquor license of Magnum Management Corporation dba Valleyfair, One Valleyfair Drive, from Austin Blues /Building 3055 to Sidewinder Burrito/Building 3042, upon the surrender of the existing license. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience who wished to speak on a topic that was not on the agenda. Official Proceedings of the Shakopee City Council George McGuire, General Manager of Shakopee Chevrolet, 1206 1 Ave. E., discussed with Council the difficulties he's having directing traffic to his business during the reconstruction of Hwy 101. Mr. McGuire said he has been working with the County on this matter but isn't satisfied with the results. He also questioned Council why the detour route to 4th Avenue which is out of the business district. He asked why Bluff St. is not being used as the detour route during the project which would keep the traffic in the business district. Chris Chromy, Bolten & Menk, addressed Council with Mr. McGuire's concerns. Mr. Chromy said he has been working very closely with Mr. McGuire to resolve the concerns of access to his business. He said they have installed more signage and have now allowed traffic to go through the construction zone to get to Shakopee Chevrolet. Mitch Rasmussen, Scott County Engineer, also address the question regarding the use of Bluff Street as a detour. He said that Bluff Street's wear course could not accommodate the traffic during the construction. Mr. Rasmussen and Mr. Chromy said they would continue to work with Mr. McGuire to help his business during the construction of Hwy 101. Mayor Schmitt asked to discuss items removed from the Consent Agenda. Mayor Schmitt reconvened the meeting at 8:10 p.m. April 19, 2011 Page -3- Cncl. Clay asked to remove 5.A.1., Extension Request for Maple Ridge Estates Preliminary Plat Approval because he questioned if it should be voted on if there was going to be an expansion of County Road 17 in the future and the County needed more right -of -way. Michael Leek, Community Development Director, advised Mr. Clay that the current plat plan has the right -of -way the County needs for the future expansion of County Road 17. Clay/Heitzman moved to extend the approval period of the preliminary plat for Maple Ridge Estates by an additional two years. Motion carried 5 -0. Mayor Schmitt asked for Council liaison Reports. Cncl. Punt, Heitzman and Lehman had nothing to report. Cncl. Clay attended the Shakopee Public Utilities Commission meeting. He said they voted and approved $3,100 for upgrading of the LED lights along the 101 corridor and they hired a Marketing Director. Lehman/Clay moved to recess for an Economic Development Authority Meeting at 7:49 p.m. Motion carried 5 -0. Jamie Polley, Parks, Recreation and Natural Resources, presented Council with the Designation of City Land as Extension of Memorial Park. Ms. Polley said at the March 15, 2011 City Council meeting the Park and Recreation Advisory Board recommended to Council dedicating 3.9 acres the City owns south of Highway 101, West of Sarazin Street, and North of the Union Pacific Railroad tracks along Cavanaugh Drive. Official Proceedings of the Shakopee City Council April 19, 2011 Page -4- Ms. Polley stated that during that meeting Council asked Jim Thomson, City Attorney, to research what the pros and cons of dedicating the parcel as a park versus designating it as park property and does it make a difference as to liability. According to the City Attorney, whether the City dedicates the land or designates it as a park, the parcel must still be vacated if it were to be used for a different purpose in the future. If the parcel remains City property that is not used for park purpose it does not fall under the recreational immunity laws. Ms. Polley also said that the City will maintain and oversee the park as part of Memorial Park. The Parks Department will add the area to their routine garbage pickup and maintenance schedule. Punt/Lehman offered Resolution No. 7092, A Resolution of the City of Shakopee, Minnesota, Designating City Property as an Extension of Memorial Park, and moved its adoption. Motion carried 5 0. Ms. Polley presented Council with the Greenfield East /Park Meadows Park Schematic Design. Ms. Polley said in 2002 the developer of the Greenfield development dedicated two pieces of property to the City to satisfy their park dedication requirements. One parcel is now Cloverleaf Park and the second parcel is half of the current proposed park. Ms. Polley said the design and development of Cloverleaf Park utilized the neighborhood feedback when determining amenities and their locations. At that time the neighborhood and City concluded that Cloverleaf Park would include a basketball court and tennis court, while the Greenfield East Park, a hybrid park, would be a larger park combined with the parcel to the east and include ball diamonds and a hockey rink. Ms. Polley said that larger parks in the City are planned first based on needs determined by current usage, second by needs determined in the City's 2030 Comprehensive Plan and third by neighborhood input. She then discussed the design process for the Greenfield East /Park Meadows Park. The initial designs were developed by staff and Bonestroo based on facility usage, growth and long term visioning. Staff then sought neighborhood feedback to help refine the plans. The plans, Concept A and Concept B, included two youth baseball fields, lighted hockey rink, shelter location, playground and soccer /lacrosse fields. The neighborhood feedback results were that 51% didn't favor either plan but provided suggestions for changes of both location and amenities. Ms. Polley said the design revised concepts were presented to the Park and Recreation Advisory Board (PRAB). At this meeting a revised Concept A and Concept C were presented based on the neighborhood feedback. Concept C keeps two ball diamonds based on the feedback from the staff and the Park Maintenance department but spread out the two baseball fields so they were not right next to each other as in Concept A. The PRAB received public comments on the park at their March 28 meeting. The PRAB directed staff to bring back two plans for discussion, one including a ball field and soccer field and one similar to Concept C. Staff presented Concept Cl and Concept C2 to the PRAB on April 11 t . Concept Cl included one soccer field and one ball field while Concept C2 showed two ball fields rotated in different orientations to move them further from the park property lines. After discussion and comments, the PRAB approved Concept C2 as the final schematic design with two design change recommendations. The first was to rotate the western ball field 90 degrees to the east so that the backstop is in the northeast corner of the western Official Proceedings of the Shakopee City Council April 19, 2011 Page -5- parcel towards the center of the park and closest to the parking lot. The second was to move the basketball court within the Hockey rink closest to one end so that it is not directly in the middle of the rink. The cost of construction of the restroom /warming facility is not included in the current park budget due to a pending grant application. The playground design will be overseen by City staff based on the feedback received from the park comments sheets that were available at the neighborhood meeting. Ms. Polley said the CIP budget for the park is $675,000. In order to meet the project budget, staff has identified several items in the design that would need to be bid as alternates. If the bids come in under estimates, these items can be added back in. The construction estimate is $738,527 which is $164,200 over budget. Ms. Polly asked Council to keep in mind that the estimate is just an estimate and the final bids could come in a lot lower than estimated. Ms. Polly said the proposed timeline is to have bid documents and final specifications approved by the Council on May 3'. The authorization to award construction will be brought to Council on June 7 with construction to follow immediately after. Sherry Dvorak, Park and Recreation Supervisor, presented Council with the graph of the existing types of fields and their current uses within the City. She also presented Council with data of the various sports leagues and their growth in participation over the past six years. After Council had time to ask questions regarding the presentation, Mayor Schmitt asked for public comment on the presentation. Tracy Pink, 3782 Whitetail Drive, acted as the spokes person for his neighborhood. He stated reasons why he and his neighbors were opposed to the design being voted on. He said the neighborhood was not given the same level of input to the design as the City and the Baseball Association was given. Mr. Pink stated that the park is too age specific for 12 -13 youth baseball. He said he and his neighbors are not opposed to a baseball field but would prefer more green space in the park by eliminating one of the baseball fields. Mr. Pink said after the PRAB voted on the C2 design which included two baseball fields, he and his neighbors conducted a survey of 238 households which resulted in 73% preferred concept Cl which includes one baseball field and one soccer field. Jason Beach, 3234 Baneberry Circle, said that he agrees with almost everything that Mr. Pink presented in his presentation but wanted to voice other concerns he has with the C2 plan. He is concerned that the other amenities of the park are centered around the baseball fields where they fit. The playground is on one end and the sand volleyball and horseshoe pit are across the fenced field on the other side so he wouldn't be comfortable using the other amenities in the park while there with his children. Council had the opportunity to ask staff more questions regarding some of the concerns the public presented and specifics of the design. Clay moved to approve the Final Schematic Design C2 for the park site in Greenfield East/Park Meadows with any changes or modification as Council sees fit and authorized the preparation of plans and specifications. Cncl. Lehman seconded the motion with the modification to one baseball field and one soccer field to reflect the Cl design. Official Proceedings of the Shakopee City Council April 19, 2011 Page -6- Mr. Thomson, City Attorney, advised Cncl. Lehman that the motion was for Concept C2 which had two baseball fields and that he couldn't amend the motion to Concept Cl. Cncl. Lehman then withdrew his second. Motion died for lack of a second. LehmanlHeitzman moved to approve the Final Schematic Design, Concept Cl, for the park site in Greenfield East/Park Meadows, with modifications made by Council. Discussion followed. Councilor Lehman said he would like to see the baseball field in the western portion of the park plan as in Cl with the field orientation of home plate being in the northeast and the soccer field on the easterly portion of the park plan. To redesign the hockey rink/basketball court as two separate amenities. If the playground is not large enough then the homeowners association can contribute to what their needs are for a playground. He would also like to include the picnic shelter with bathrooms included in the plan. Mayor Schmitt asked for a second to the motion. Councilor Heitzman seconded the motion. Mayor Schmitt asked for a vote on the amendment. Motion carried 3 -2 with Mayor Schmitt and Cncl. Clay opposing. Mayor Schmitt then discussed his concerns with what was voted on as the plan. Cncl. Punt also voiced her concern with the project being 30% over budget and the lack of open space in the design that the Park and Recreation Advisory Board approved. Cncl. Lehman called the question. Mr. Thomson, City Attorney, recapped the motion on the table. Lehman/Heitzman moved to approve the Final Schematic Design of Cl for the park site in Greenfield East/Park Meadows with the following changes: 1) rotate the baseball field that is in the westerly portion to look like the baseball field that is on the revised concept C2, as presented to Council, 2) add a separate basketball court not on the hockey rink, 3) make sure the playground is adequate in size, and 4) a small open air picnic shelter on the south side to the east of play area. Mayor Schmitt asked for a vote on the motion. Motion carried 3 -2 with Mayor Schmitt and Cncl. Clay opposed. Clay /Punt moved to adjourn to Tuesday, May 3, 2011 at 7:00 p.m. Motion carried 5 -0. The Council meeting ended at 10:10 p.m. t„61/40 e(7 1Judith S. Cox City Clerk Kim Weckman Recording Secretary