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.
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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.
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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.
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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
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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.
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