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HomeMy WebLinkAbout6.a. Minutes of December 6, 2005 Regular City Council meetingITEM =6 A CALL TO ORDER /PLEDGE OF ALLEGIANCE Pursuant to due call and nonce thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 6, 2005, at 7.30 p.m. in the Council Chambers at City Hall, 2875 145x' Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, and Shoe- Corrigan attending Council Member DeBettignies was absent due to the death of his father Condolences were offered. Staff members present were City Administrator Verbrugge, City Attorney LeFevere, Community Development Director Lindquist, Finance Director May, City Clerk Jentink, Communications Coordinator Cox, Pohce Chief Kalstabakken, and Parks and Recreation Director Schultz. The Pledge of Allegiance was said City Administrator Verbrugge presented additional information for two consent items and the GlenRose of Rosemount Street and Utility Improvements. The bids for Consent Item 6.e. Receive Bids /Award Contract Well House #14, City Project 382 were opened December 2 and the results were presented City Attorney LeFevere reviewed Item 6.h Total Construction (Furlong) Mineral Extraction Pertmt Renewal 05 -58 -ME and recommended language changes to condition O. The City Attorney also revised a resolution for the GlenRose Development for Council consideration Mr. Verbrugge noted that developer Dean Johnson requested to speak regarding the GlenRose development schedule. Motion by Mayor Droste. Second by Sterner. Motion to adopt the agenda with additional information for Consent Items 6.e. and 6.h. and, a resolution revision for 8.a. Consider Bids for GlenRose of Rosemount Street Utility Improvements, City Project 397. Ayes: 4. Nays: 0. The agenda was adopted. CONSENT AGENDA Motion by Droste. Second by Sterner. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 2005 Motion to approve the Consent Agenda with the additional information for Items. 6.e., and 6h a. Minutes of November 15, 2005 Regular City Council Meeting b. Minutes of November 9, 2005 City Council Work Session c. Minutes of November 15, 2005 Special Council Work Session d. Bills Listings e Receive Bids /Award Contract -Well House #14, City Project #382 f. Change Order #2, Well #14, City Project #382 g. Tree City USA Recertification h. Total Construction (Furlong) Mineral Extraction Pertmt Renewal 05 -58 -ME 1. Resolution of Approval for Community Development Block Grant (CDBG) Application j. Liquor License Renewals for 2006 k. Approve Contracts with Frontier for DSL and Telephone Service ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 2005 1. Purchase of HWY 3 Right -of -Way Parcel in Resolution for Reimbursement of Eligible Admnustrauve Costs Associated with the Regional Distribution Center n. Authorize Hearing for Shenanigan's Pub Liquor License Violation Ayes: 4. Nays: 0. Motion carried. NEW BUSINESS a. Consider Bids for GlenRose of Rosemount Street Utility Improvements City Project 397 Community Development Director Lindquist pointed out that the packet information onginally recommended rejecting bids due to the fact that a subdivision agreement has not been executed therefore, the City cannot enter into a contract for street and utility improvements. Ms. Lindquist noted that the presented bids expire after 30 days which will end on December 10, 2005 Mr. Dean Johnson wishes to build a six -plex model; however, due to tuning Issues and weather there will not be any public utilities available Ms. Lindquist stated that water, sewer, and paved surface are required prior to issuing a building permit. The City Attorney revised the resolution to allow awarding of the bids if the subdivision agreement is executed by December 9, 2005 Ms Lindquist recommended approval of the revised resolution from Attorney LeFevere to provide Mr. Johnson the opportunity to sign the subdivision agreement by December 9. Ms. Lindquist cited some recent situations somewhat similar to this issue. A Rottlund Homes development which had water to the site and provided a temporary paved road was allowed a building permit. Ms. Lindquist noted that the development was on hold for almost two months in the summer while the road and utilities were mstalled. Mr. Dean Johnson, the developer for GlenRose of Rosemount, explained that often winter comes early and other cities have allowed building permits without utilities Mr. Johnson stated he was surprised the City would not allow the building permit which may delay his marketing efforts. He noted that he was not requesting a Certificate of Occupancy and would be willing to supply indemnity insurance and a street mamtenance contract Mr. Johnson stated he was aware of OSHA requirements and believed safety requirements would be met Mr Johnson expected the model to take about five months to complete. Mr. Johnson stated he has installed a paved road to the side of the planned street in order to have the street area available for utilities. Mr. Johnson presented copies of two development contracts with the cities of Plymouth and Lakeville. Mayor Droste inquired of the City Attorney about road access requirements to meet fire safety regulations. He asked if the City would have insurance liability. Mr. LeFevere stated if the City has legal liability then indemnity insurance would be required. Mr. LeFevere noted that if a firefighter died because water was not available additional parues may be liable who would not be covered by the developer's indemnity insurance. Mr. LeFevere stated the City would not be liable unless Minnesota law changes. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 2005 Council Member Shoe Corrigan reviewed the documents presented by Mr. Johnson from Plymouth and Lakeville She Inquired about the requirements of the building official Mr. LeFevere noted that it is within Council's power to allow a change m policy. Mr. Baxter stated that if the worse scenario is considered, such as a fire, it would not be good government to send our fire department m with inadequate water, or to watch property burn. Mr. Verbrugge agreed that would be bad policy, however, the developer is willing to take the risk because he feels it is not an inordinate risk to take. Mr. Johnson stated that the delay to his marketing is not acceptable. He noted his investment is great already and as a company he is willing to take the nsk. Ms. Lindquist reported staff had planned that water would be on site before winter and with water available it would have been agreeable with staff to allow a building permit. Ms. Shoe Corrigan preferred safety take priority and noted sometimes school age children are likely to investigate vacant buildings She indicated she would support staff recommendation to reject the bids. Mr. Sterner pointed out that vandalism has been a problem for building sites recently and he would favor safety first. Mr. Baxter rejected any pohcy that potentially put firefighters or property at risk. He preferred no change to policy. Mayor Droste stated that the fire department has a tanker to supply water for fire suppression. He inquired about the timing of a building permit for Mr. Johnson. Ms. Lindquist replied that some flexibility is allowed when it is known that in a short time utilities will be available. Ms. Lindquist noted that the Fire Marshal would permit foundation work prior to the water utilities Mr Johnson requested the water line be given priority when construcuon begins to allow an earlier build out next spring Mr. LeFevere stated the contract is not worded to incorporate any pnorines, however, the contractor may be willing to consider that. Motion by Shoe Corrigan. Second by Baxter. Motion to adopt a Resolution Relating to the Contract for GlenRose of Rosemount Street and Utility Improvements, City Project 397. Ayes: 4. Nays: 0 Motion carried. 2006 Budget: Setting Levies and Budgets Finance Director May reported there are three resolutions for Council consideration to set the 2006 levies and budgets for the City of Rosemount. The first resolution approves the 2006 General Fund 3 Operating Budget, the three 2006 CIP Budgets, the 2006 Insurance Fund Budget, the 2006 Port Authority Operating Levy and the 2006 Levy for the general operations and the special levies for bonded indebtedness, the Armory indebtedness and our market value based referendum levy for the fire station. The last two resolutions concern the Armory Anticipatory Levies for the City. Mr. May noted that the Truth -In- Taxation Pubhc Hearing was held December 5, 2006 and all requirements had been inet. He stated that following Council approval the levies would be certified to Dakota County. Council indicated they were ready to take action on the City budgets. Motion by Shoe Corrigan Second by Baxter. Motion to adopt a Resolution Approving the 2006 General Fund Operating Budget, the 2005 Capital Improvement Program (CIP) Budgets, the 2006 Insurance Budget, the 2006 Port Authority Operating Levy and the 2006 Levy Required by the City of Rosemount. Ayes: 4. Nays: 0. Motion carried. Motion by Shoe Corrigan. Second by Baxter. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 2005 Motion to adopt a Resolution Levying a Tax for Construction of a State Armory Building. Ayes: 4. Nays: 0. Motion carried. Motion by Shoe Corrigan. Second by Baxter. Motion to adopt a Resolution Approving a Special Tax Levy for Funding of an Armory. Ayes: 4. Nays: 0. Motion carried. Authorize Staff to Begin the Recruitment Process for a Police Officer Pohce Chief Kalstabakken noted that the budget just approved this evening allowed for a new pohce officer who is scheduled to start March 1, 2006. Mr. Kalstabakken noted the recruitment process is lengthy and it would benefit the City to begin as soon as possible. Council Member Sterner inquired how the advertising is done Mr Kalstabakken reported that a lob advertisement is posted on the Minnesota State University System and the Minnesota Post Board web site. He stated usually over one hundred apphcations are received using this process. Motion by Baxter. Second by Sterner. 4 Motion to authorize staff to undertake the recruitment process to fill one additional position of pohce officer. Ayes: 4. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 2005 ANNOUNCEMENTS Mayor Droste reviewed future regularly scheduled meetings. He reported there is a Public Informational Meeting scheduled at the Rosemount Community Center on December 7 at 6:00 p.m. to present details of the 2006 Street Reconstruction Project. A video presentation of the 2006 Budget will be shown on Cable Channel 22 following this meeting. Mayor Droste moved to adjourn the meeting at 8.25 p.m. Second by Sterner. Ayes: 4. Nays: 0. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -50. 5 Respectfully subnutted, Linda Jentink, City Clerk Recording Secretary