Loading...
HomeMy WebLinkAbout6.a. Minutes of May 6, 2003 Regular City Council MeetingROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 6, 2003 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, May 6, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Riley and Strayton present. Council Member Shoe - Corrigan was absent. Also present were City Administrator Verbrugge, Attorney LeFevere, City Engineer Brotzler, Parks & Recreation Director Schultz, City Planner Pearson, and Police Chief Kalstabakken. The Pledge of Allegiance was given. Additional information was provided for several items: 8. a. Receive Bids /Award Contract East Side Watermain Phase 2, City Project 345, Attorney Volz letter against bid award; 8.b. Chippendale / CSAH 42 Street and Utility Improvements had letters presented from Tom Connolly, Rishi Mohabir, Clifford and Lucy Carlson, and a 1985 Development Agreement against a median placement on Chippendale Avenue. There were no changes made to the agenda. There were no public comments taken from the audience. MOTION by Droste to accept the agenda as presented. Second by Strayton. Ayes: Four. Nays: None. Motion carried. National Public Works Week Proclamation City Administrator Verbrugge noted that Rosemount has 18 full time employees in the Public Works Department and an additional 12 part-time employees during the summer. The 2003 National Public Works Week is May 19 to the 25 President John F. Kennedy first proclaimed National Public Works Week as an annual reminder of the many ways public works contributes to our quality of life. Public Works employees provide services at all hours of the day and night so that the rest of us can enjoy our normal daily schedules. The City of Rosemount residents and businesses thank this department for their problem solving skills and keeping our streets, parks, and water and sewer systems in good condition. Public Works also thanks the City Council for their past and future support in development plans and maintenance of operations. MOTION by Droste to proclaim May 19, 2003 through May 25, 2003 as "National Public Works Week." Second by Riley. Ayes: Riley, Strayton, DeBettignies, Droste. Nays: None. Motion carried. National Police Week Proclamation Police Chief Kalstabakken noted that May 15 has traditionally been set aside to recognize all police officers killed in the line of duty. The community assumes that police service will be available when needed and city staff appreciates City Council's support of that. MOTION by Riley to approve a proclamation identifying May 11 to 17, 2003 as Police Week and May 15, 2003 as Peace Officers' Memorial Day. Second by DeBettignies. Ayes: Strayton, DeBettignies, Droste, Riley. Nays: None. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 6, 2003 City Council Goals 2003 - 2004 City Administrator Verbrugge presented a document of goals that were established by City Council at several meetings this spring. These are `big picture" goals that identify a number of key projects and critical issues that will require significant policy direction and staff time to achieve in the next several years. Verbrugge explained that by adopting these goals the City Council will measure the performance of the City Administrator and department heads through the pursuit of accomplishing the goals or progressing toward their accomplishment. MOTION by Riley to adopt The Rosemount City Council Goals 2003 -2004. Second by DeBettignies. Ayes: DeBettignies, Droste, Riley, Strayton. Nays: None. Motion carried. Consent Agenda MOTION by Riley to approve the Consent Agenda. Second by Droste. Ayes: Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. a. Minutes of April 17, 2003 Regular City Council Meeting b. Minutes of April 10, 2003 Committee of the Whole C. Minutes of April 12, 2003 Special City Council Meeting d. Bills Listing e. Donation Account Expenditure for Police Department, D.A.R.E. Fund f. Accept Employee Resignation and Hiring Process for Maintenance Workers g. Resignation of Employee h. AAA Automotive Site Plan Review PUD Amendment i. Marotzke Agriculture Lot Division, Biscayne Avenue j. Novacek Property Subdivision Waiver k. Authorize Plans & Specifications for Bloomfield 7th Addition Street & Utilities Improvements, City Project 368 1. Removal of Sidewalk m. Set Public Hearing for Connemara Trail Phase 2 Improvements, City Project 343 n. Authorization to Replace HVAC Units at City Hall PUBLIC HEARING: Appeal of Board of Appeals & Adjustments: Kulhanek Denial of Variance Mayor Droste explained this public hearing was continued from the April 15 City Council meeting. City Planner Pearson noted that Mr. Kulhanek's attorney has requested that the Public Hearing be extended again and since staff did not receive the report prepared by Mr. Kulhanek's representative until 24 hours prior to the meeting, staff agreed more time was needed to review the information. MOTION by Droste to continue the Public Hearing for the Appeal of Board of Appeals & Adjustments: Kulhanek Denial of Variance, 12335 Blanca Avenue West to May 20 2003. Second by DeBettignies. Ayes: Strayton, DeBettignies, Droste. Nays: Riley. Motion carried. Council Member Riley noted she did not support this second continuation of the public hearing because she is not willing to hold the neighbors hostage on this issue and waste the time and money of the City. 2 I ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 6, 2003 Receive Bids /Award Contract for East Side Watermain Phase 2, City Project 345 City Engineer Brotzler reviewed the bid results opened March 14, 2003. There was an irregularity with the low bidder, Three Rivers Construction, Inc., in that they did not acknowledge receipt of an addendum. The second low bidder, Contractor's Edge, Inc., requested that they be awarded the contract as the lowest responsible bidder. Attorneys on all sides examined the issue and gave their deliberation favoring their client. The City Council was presented three options: 1) waive the irregularity in the bid submitted by Three Rivers Construction, Inc.; 2) Reject the low bid by Three Rivers Construction, Inc. due to an irregularity and award the contract to Contractor's Edge, Inc.; 3) Reject all bids and authorize re- bidding of the project. City Attorney LeFevere said either choice could end in litigation. Both contractors have indicated they intend to sue. LeFevere recommended it would be in the best interest of the City to re -bid City Project 345 because it is the least likely means to result in a lawsuit. Council Members and Mayor Droste reviewed the facts presented including delaying the project and possible cost increases. MOTION by Riley to reject all bids and authorize re- bidding of the project. Attorney Volz stood in the audience and asked to be heard. Mayor Droste noted there was a motion on the floor and it would be inappropriate for discussion at this time. Second by DeBettignies. Ayes: DeBettignies, Droste. Riley. Nays: Strayton. Motion carried. Attorney Volz, representing Contractor's Edge, noted that this was the last day to award the bid for City Project 345 and she whished to be heard. Droste denied her request since this was not a public hearing. Order Project/Authorize Plans & Specifications for Chippendale /CSAH 42 Street and Utility Improvements, City Project 344 Mayor Droste reviewed the motion passed on April 17 by a vote of 3 to 2 which approved the project. State aid funding, Chapter 429, requires a 4 /5 majority because of assessments involved. City Engineer Brotzler presented three options to consider moving the project forward. One option would keep the project the same as originally proposed. Option two would be to modify the project by not widening Chippendale Avenue north of CSAH 42 except to blend with the intersection at CSAH 42. The street would receive a mill and overlay and trails and sidewalk improvements. Option three would include improvements on Chippendale Avenue between 149 Street and 151 Street, with intersection improvements at CSAH 42. Council discussed the options. Gary Gandrew, Attorney for Fagre & Benson, represented Holiday Companies, noted the median closing access to the Holiday Station Store was not acceptable. Gandrew referred to the 1985 agreement with the City that would prohibit installing a median. 3 ROSEMOUNT CITY PROCEEDINGS x REGULAR MEETING MAY 6, 2003 Council Member Strayton stated he was offended that Attorney Ganders would present information at the last minute and expect Council to act on it. The Public Hearing would be a more appropriate time to address the Council after they reviewed his information. Attorney LeFevere noted that staff has not been successful in negotiating with Holiday Companies. MOTION by Riley to ADOPT A RESOLUTION SETTING THE PUBLIC HEARING FOR CHIPPENDALE /CSAH 42 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 344 with proposed Option 2. Second by DeBettignies. A friendly amendment was proposed by Second DeBettignies to add the date of the public hearing, May 20, 2003. Motion maker Riley accepted the amendment to the motion. MOTION by Riley to ADOPT A RESOLUTION SETTING THE PUBLIC HEARING FOR CHIPPENDALE /CSAH 42 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 344 with proposed Option 2 and the Public Hearing is to be held on May 20, 2003. Second by DeBettignies. Ayes: DeBettignies, Droste, Riley, Strayton. Nays: None. Motion carried. Bloomfield 7 1 Addition Rezoning and Final Planned Unit Development City Planner Pearson presented the concept plan and rezoning for Bloomfield 7"' Addition responding to Council's request for off street parking and additional landscaping. Because of the long driveways and on street parking more parking is available than required. Staff feels there are safety issues with the common parking stalls which would require cars to back into the street. Landscaping was added near the railroad tracks and Connemara Trail. Council Member Strayton pointed out that the parking ban for snow removal could cause a parking shortage. Pearson noted that the street width and driveways provides twice the minimal standard and this is a public street. Pearson explained that the railroad track is higher than the screening planned and trees would provide better screening. The concept plan was approved on February 20, 2003. MOTION by Riley to ADOPT A RESOLUTION APPROVING THE BLOOMFIELD 7TH ADDITION PRELIMINARY PLAN with further buffering of trees, 22 TO 40, per the City Planners discretion. Second by DeBettignies. Ayes: Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. MOTION by Riley to ADOPT AN ORDINANCE AMENDING ORDINANCE B REZONING BLOOMFIELD 7 ADDITION TO R -2, MODERATE DENSITY RESIDENTIAL. Second by Droste. Ayes: Riley, Strayton, DeBettignies, Droste. Nays: None. Motion carried. Council Member Riley noted she appreciates the partnership with Centex Homes and the City of Rosemount. Legislative Update 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 6, 2003 City Administrator Verbrugge pointed out Mayor Droste's support of the Suburban Transit Association who opposes three provisions of the House Omnibus Transportation Finance bill which would affect the funding for transportation. Verbrugge updated Council on the LGA proposed calculations and levy limit restrictions. Rosemount will likely lose all their LGA taxes. The legislature granted a tax exemption from personal property tax for Great River Energy (GRE). GRE seeks to site a power plant on the eastern side of Rosemount. This tax exemption was one of the requirements to further the project. GRE will still pay real estate taxes. A host agreement is now under consideration for Rosemount and Dakota County. MOTION by DeBettignies to authorize Mayor Droste to sign interim host agreement with Great River Energy. Second by Strayton. Ayes: Strayton, DeBettignies, Droste, Riley. Nays: None. Motion carried. City Attorney LeFevere noted that a host agreement would be not contain specific material, but promises to act in good faith. It is difficult to enforce, but is still an agreement. City Administrator Verbrugge noted the GRE has a good track record and intended to be a good corporate neighbor. Announcements Mayor Droste reviewed the up coming meetings. May 17th an Open Forum will be held where City Council invites residents to come and voice any concerns regarding the City. On May 21 st at 6:30 p.m. all city commissions will meet with City Council and city staff for an orientation and goal overview. Mayor Droste adjourned the regular meeting at 9:15 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2003 -17. W