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HomeMy WebLinkAbout2010/01/19 CCM - RM ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 19, 2010 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, January 19, 2010 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Weisensel and Bills attending. Staff members present included City Administrator Johnson, Director of Public Works /City Engineer Brotzler, Chief of Police Kalstabakken, Community Development Director Lindquist, City Attorney Tietjen, Director of Parks and Recreation Schultz, Assistant City Administrator Foster and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated there were additions to the New Business section including 9.b. Resolution and Consent Order Imposing Civil Penalty on PCS Liquors, LLC, D /B /A Rosemount Liquor and Wine Cellar and 9.c. City of Rosemount vs. Thomas Piekarski Settlement Agreement. Motion by Droste. Second by DeBettignies. Motion to Adopt the Agenda. Ayes: 5 Nays: 0. Motion carried. DEPARTMENT HEAD REPORTS /BUSINESS 5.a. Presentation by Dr. Charles Muscoplat Dr. Muscoplat, provided the City Council with a presentation on the status of the UMore Park project. Council Member Bills questioned what progress will be seen in the next one to five years. Dr. Muscoplat explained that it would be a slow moving process. He hoped to see gravel mining activity in 2011. He spoke of an optimistic schedule for building of structures noting it would be a big undertaking. The University is very careful not to put any of its money into the venture and plans to work with private sector partners. Council Member Shoe Corrigan questioned the follow -up work with the Army Corp of Engineers regarding the clean up on the site. Dr. Muscoplat provided information about the Gopher Ordinance Works and the challenges the University is facing with the physical debris on the ground and the chemical contamination within the ground. He added that a complete assessment has not taken place. Dr. Muscoplat also provided information about the historic preservation on the site. Dr. Muscoplat explained the formation of the LLC and the nine member board. He also provided information about the Vermillion Highlands area of the UMore property. Council Member Bills questioned the environmental impacts related to the mining on site. Dr. Muscoplat replied that the EIS will contain all of the necessary mitigation measures for ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 19, 2010 Dr. Muscoplat explained the formation of the LLC and the nine member board. He also provided information about the Vermillion Highlands area of the UMore property. Council Member Bills questioned the environmental impacts related to the mining on site. Dr. Muscoplat replied that the EIS will contain all of the necessary mitigation measures for mining. He talked about the factors with the mining including dust mitigations, noise, and traffic. He stated that the University is going to be asking people to live there to make the property value increase so they do not want to frighten people away with the aggregate mining. CONSENT AGENDA Council Member Shoe Corrigan requested that items 6.i. Receive Bids and Award Contract Former St. Joseph's Church Improvements and 6.j. Approve Joint Powers Agreement for 2010 -2011 Traffic Markings, Cracksealing and Sealcoating be pulled for discussion. Motion by Weisensel. Second by DeBettignies. Motion to adopt the Consent Agenda excluding item 6.j. and 6.i. for approval. a. Bills Listing b. Minutes of the December 21, 2009 City Council Special Meeting Proceedings c. Minutes of the January 5, 2010 City Council Regular Meeting Proceedings d. LELS Police Unit, Labor Agreement 2010 -2011 e. Pay Equity f. Charitable Gambling Premise Permit Renewal for Rosemount VFW Post 9433 (Resolution 2010 -06) g. Donation Account Expenditure DARE h. 2010 Solid Waste Haulers Renewals i. Receive Bid3 and Award Contract Form k. Antenna Lease Agreement Clear Wireless LLC 1. Danner Mineral Extraction Permit Modification and Renewal for 2010, 09-31 ME m. Submittal of the former Genz Ryan site for the Minnesota Department of Employment and Economic Development Redevelopment Grant (Resolution 2010 -07) n. Linder's Greenhouse. Renewal of an Interim Use Permit (IUP) Allowing a Temporary Garden Center in the Parking Lot of the Rosemount Market Square Shopping Center, 10- 02 -IUP Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills Nays: None. Motion carried. 6.i. Receive Bids and Award Contract Former St. Joseph's Church Improvements Council Member Shoe Corrigan pulled the item for public information. Director of Parks and Recreation Schultz provided the results of the 14 bids received noting there was approximately $50,000 in savings from the projected costs. He stated the project included a ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 19, 2010 Council Member Shoe Corrigan pulled the item for public information. Director of Parks and Recreation Schultz provided the results of the 14 bids received noting there was approximately $50,000 in savings from the projected costs. He stated the project included a ramp and extension of the stage, the interior and exterior handicap accessible upgrades, the installation of a fire protection system throughout the church, steeple waterproofing and structural repair, and roof repair. Mr. Schultz anticipated that the project would be completed by early summer. Motion by Shoe Corrigan. Second by Weisensel. Motion to receive bids and authorize the Mayor and City Clerk to enter into a contract with Terra General Contractors, the low bidder, to construct the improvements and the former St. Joseph's Church. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 19, 2010 Ayes: Shoe Corrigan, Droste, Weisensel, Bills, DeBettignies Nays: None. Motion carried. 6.j. Approve Joint Powers Agreement for 2010 -2011 Traffic Markings, Cracksealing and Sealcoating Council Member Shoe Corrigan pulled the item for public information. Director of Public Works /City Engineer Brotzler explained that the JPA is in cooperation with eleven other cities in Dakota and Scott Counties. The program has been an asset to the City for over ten years. He stated that by combining quantities with a large group of cities, the prices for those services are far below what the City could get on its own. Motion by Shoe Corrigan. Second by Weisensel. Motion to Approve the 2010 -2011 Joint Powers Agreement for Traffic Markings, Cracksealing and Sealcoating and Authorize the Necessary Signatures. Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan Nays: None. Motion carried. OLD BUSINESS 8.a. Trails, Sidewalks, and Shannon Parkway Striping 2010 Street Improvement Project City Project #428 Director of Public Works /City Engineer summarized the background information as provided in the staff report. Mr. Brotzler provided a brief overview of the sidewalks proposed on Delta Avenue and Shannon Parkway. He also explained the alternate addition of sidewalks on Connemara Trail. He noted that the bids will also include an alternate bid for using porous pavement. Council Member DeBettignies provided changes to the recommendation action to clarify options b and c to include the additional locations of sidewalks. Council Member Bills clarified that no movement will occur until all the bids are received. Mr. Brotzler stated that pending action tonight to proceed it would be a six to eight week process to prepare the final plans and to advertise for bids. He explained that once the bids are received they will be submitted to the City Council for consideration to award the project or any part of the project. With contracts for bid the City reserves the right to add or delete segments of projects as deemed appropriate. He added that the segments will be broken out so that when the pricing is available a segment can be deleted. The same process will be used when considering the alternate bids included in the project bids. Council Member Weisensel reiterated that for item b that one of the alternates was the sidewalk between 137 and Connemara as an alternate bid. Council Member Bills questioned if portions were eliminated now would it provide a cost savings. Mr. Brotzler explained that there may some amount of cost savings but not a ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 19, 2010 Council Member Bills questioned if portions were eliminated now would it provide a cost savings. Mr. Brotzler explained that there may some amount of cost savings but not a significant amount in the overall cost of packaging the bids. He added that the field work has been completed for the segments. Council Member Bills questioned the funding and moving forward with Shannon Parkway from Connemara to 137 Mr. Brotzler stated that staff understands when putting together the bid schedules that a segment will have a stand alone cost along Shannon Parkway. The City Council can evaluate the construction cost based upon the bids and funding available. The estimated costs are in the feasibility report and include the trails and roundabout. He added that pending City Council approval tonight the only undetermined improvement is the roundabout improvement. Council Member Shoe- Corrigan questioned when the residents would learn more about the final assessments. Mr. Brotzler replied that once the bids are received and have City Council approval the necessary hearings will be scheduled. The City Council will hold the hearing and consider adoption of the assessments. He further explained the special assessment process including the opportunity for property owners to appeal the assessment. He anticipated that the assessment hearing would not be held until late April or May. Council Member Bills did not support the additions that affect any front yards along Delta Avenue or Shannon Parkways. He wanted the residents to maintain their privacy. Council Member Shoe Corrigan stated that at this point the City is just receiving bids but noted she did not want gaps in connectivity on Shannon Parkway. Council Member Bills suggested talking about it at the goals session. Mayor Droste stated that a section of the City has developed with sidewalks and a policy was created to fix older sections of the community. He explained the public safety standpoints of the project and the goal to have connectively of the trail system throughout the entire system. Mr. Brotzler explained the proposed striping along Shannon Parkway. He stated that staff received and considered a number of comments from residents along Shannon Parkway. The proposed plan is to have two through lanes and 13 foot shoulders that would be significantly wider than today that could accommodate a future bike lane to attempt to provide traffic calming by providing a narrower driving lane to accommodate the concerns about speed. The plan will provide for on street parking. He continued that the rural section was proposed to have 12 foot through lanes with eight foot shoulders that would accommodate a future bike lane and a shoulder. Council Member Bills questioned the funding mechanisms for the project. Mr. Brotzler explained that MSA funds that will be used along Shannon Parkway and the criteria used to receive the funding. Motion by Shoe Corrigan. Second by Weisensel. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 19, 2010 Motion to authorize the preparation of plans and specifications for the design of pedestrian facility improvements for the 2010 Street Improvement Project, City Project #428 as follows and the four enumerated additions. a) Delta Avenue from Dearborn Path to Connemara Trail 5 -foot concrete sidewalk with a 3 -foot non -paved boulevard. b) Shannon Parkway from Connemara Trail to 137 and 137 to Evermoor Parkway 5 -foot concrete sidewalk with a 5 -foot non -paved boulevard. c) Include alternate bid for 5 -foot sidewalk with 8' non -paved boulevard on north side of Connemara Trail from Shannon Parkway to Diamond Path. d) Include alternate bid for porous concrete pavement for proposed 5 -foot sidewalks on Delta Avenue, Shannon Parkway and Connemara Trail. Council Member DeBettignies offered a friendly amendment to include additional verbiage for b. and c. as discussed previously. Council Members Shoe Corrigan and Weisensel accepted the amendment. Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. Motion by Shoe Corrigan. Second by DeBettignies. Motion to authorize the preparation of plans and specifications for the design of road striping improvements for the 2010 Street Improvement Project, City Project #428 as follows with the two enumerated additions. a) Shannon Parkway (urban section) from Connemara Trail to 1,200 feet north of Evermoor Parkway 11 -foot thru lanes and 13 -foot shoulders to accommodate on- street parking and future on- street bike lanes. b) Shannon Parkway (rural section) from 1,200 feet north of Evermoor Parkway to McAndrews Road 12-foot thru lane and 8 -foot shoulders to accommodate parking and future on- street bike lanes. Ayes: Bills, DeBettignies, Shoe Corrigan, Droste, Weisensel Nays: None. Motion carried. Mr. Brotzler explained that additional information on the project can be obtained by contacting staff or visiting the City's website. He also explained how the assessment process is conducted. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 19, 2010 NEW BUSINESS 9.a. Transfer of Control over FTTH Communications, LLC City Administrator Johnson summarized the information provided in the staff report. He explained the changes to the build out schedule. Mr. Johnson added that the City Council can receive more regular updates about subscribers, investments, and operational information about the system and that the City may hold evaluations. The opportunities afforded in the Franchise requirements will allow the City access to desired information about the operations of the cable system. Motion by DeBettignies. Second by Shoe Corrigan. Motion to Approve a Resolution Approving Transfer of FTTH Communications, LLC and its Cable Franchise and System to Everest FTTH Acquisition, Inc. Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills Nays: None. Motion carried. (Resolution 2010 -08) Motion by DeBettignies. Second by Shoe Corrigan. Motion to Approve an Ordinance Amending the F1TH Cable Franchise. Ayes: Shoe Corrigan, Droste, Weisensel, Bills, DeBettignies Nays: None. Motion carried. (Ordinance 2010 -01) 9.h. Resolution and Consent Order Imposing Civil Penalty on PCS Liquors, LLC, D /B /A Rosemount Liquor and Wine Cellar Chief of Police Kalstabakken provided background information on the penalty as provided within the staff report. He stated that while PCS Liquors did not dispute the facts of the violation and did not request a hearing officer the owners wanted a chance to appeal to the City Council for a more lenient penalty. Motion by DeBettignies. Second by Shoe Corrigan. Motion to table the imposing of civil penalty on PCS Liquors, LLC to the Monday, February 1, 2010 City Council meeting for the purpose of discussing the proposed civil penalty on PCS Liquors, LLC. Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan Nays: None. Motion carried. 9.c. City of Rosemount vs. Thomas Piekarski Settlement Agreement Mayor Droste stated that the item will be discussed in closed session. City Attorney Teitjen added that the purpose for the closed session is to discuss a possible settlement agreement and the discussion is attorney -client privileged. City Administrator Johnson added that the City Council plans to come back to open session to preserve the chance to take action on the settlement if necessary. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 19, 2010 and the discussion is attorney -client privileged. City Administrator Johnson added that the City Council plans to come back to open session to preserve the chance to take action on the settlement if necessary. Mayor Droste read the announcements before moving to closed session. ANNOUNCEMENTS Mayor Droste reviewed the calendar of events. The next City Council meeting will be held on February 1, 2010. Motion by DeBettignies. Second by Weisensel. Motion to move to executive session. Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills Nays: None. Motion carried. 9:02 p.m. The City Council moved to close session at 9:02 p.m. and Mayor Droste reconvened the City Council meeting at 9:54 p.m. City Administrator Johnson stated that discussion was held and a proposed settlement and motion is in front of the City Council. Motion by Bills. Second by DeBettignies. Motion to approve the City of Rosemount vs. Thomas Piekarski mediated settlement agreement terms and authorization of the Mayor and City Administrator entering into the formal settlement agreement. Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by DeBettignies, the meeting was adjourned at 9:56 p.m. Respectfully Submitted, Amy Domeier, City Clerk