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HomeMy WebLinkAbout6.a. Minutes of June 18, 2002 Regular City Council MeetingC IYI #6 A ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 18, 2002, at 7 30 p in at the Rosemount City Hall, 2875 145 Street West, in the Council Chambers Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, and Riley present Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Parks and Recreation Director Schultz, City Engineer Brotzler, Police Chief Kalstabakken, and Consulting Engineer Hutton The meeting was opened with the Pledge of Allegiance Agenda Changes City Administrator Burt presented changes to the Consent agenda Item 6c May 15, 2002 Committee of the Whole Minutes from the Consent Agenda was pulled These minutes had already been approved at the June 4, 2002 City Council meeting Typos were corrected on Consent Item 6j Trunk Highway 3 Cooperative Agreement in both the executive summary and the attached resolution Also, a resolution accepting the lowest bid was added to Consent Item 6k Receive Bids/ Award Contract for City Project #330 Bids had been received and tabulated since packets were prepared Consent Agenda MOTION by Cisewski to approve the Consent Agenda with the agenda changes as presented. Second by Riley Ayes Busho, Riley, Klassen, Cisewski Nays None Motion carried a Minutes of June 4, 2002 Regular City Council Meeting b Minutes of June 4, 2002 Special Meeting e Minute o f Ma 15 200-2 mi tt p of tho \hlhe]G d Bills Listing e. Donation Account Expenditure Police, Fire, Administration f. Receive Letter of Appeal of Decision of Board of Appeals and Adjustments and Set Public Hearing g Ordinance Pledging City's Full Faith and Credit to Port Authority General Obligation Port Authority Bonds, 2002C h Authorization to Hire a Police Officer i Completion of Probationary Period by Firefighters j Trunk Highway #3 Cooperative Agreement Request (145th Street to CSAH 42) k Receive Bids /Award Contract— Connemara Trail, Phase 1 Street Utility Improvements, City Project #330 1. Approve "No Parking" Resolution Connemara Trail Phase 1 Street Utility Improvements, City Project 4330 in Assignment of Subdivision Agreement Evermoor Glendalough n. Approve Change Order #I /Receive Bids /Award Contract for Evermoor Glendalough Street Utility Improvements, City Project 347 o Comprehensive Stonnwater Management Plan p Change Order for City Hall Project q Mississippi Rn er Relief Big River Clean Up 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2002 Public Hearing: Chippendale Ave. and CSAH 42 Reconstruction, City Project #344 Mayor Busho reviewed the public hearing process for the audience The recording secretary affirmed that all three of the public hearings were properly noticed and published and the affidavits were on file Consultant Engineer Dave Hutton from WSB Engineering gave an overview of the project The project involves putting a median and turn lanes at the Chippendale Avenue and County Road 42 intersection Hutton also discussed costs and funding of the project The project NAill be funded through special assessments and Hutton presented Council with three options for assessing the project Hutton added that the purpose of this public hearing was to order the project, with discussion regarding assessments to occur at a future date Mayor Busho opened the Public Hearing for public comment First to speak was Evan Rice, an attorney from Faegre and Benson at 90 S 7` Street in Minneapolis appearing on behalf of the Holiday Stationstore at I5066 Chippendale Avenue Mr Rice was there to discuss Holiday's objection to limiting access to and from Holiday Mr Rice presented a document from 1985 discussing access to the site Mr Rice urged Council to not approve the project without preserving unrestricted access when the median is constructed Next to appear was Ron Carlson, 105746 Alison Way in Inver Grove Heights, owners of Chippendale Center Mr Carlson stated he was a signator of the 1985 document presented by Evan Rice He stated that the he did not believe that traffic counts currently warranted the placement of a full median He also stated that the assessments would be a big burden Joe McNamara, Chairman of the Board, Rosemount National Bank, 15055 Chippendale Avenue South in Rosemount stated he had prepared a letter on June 12, 2002 in which he indicated the bank's objection to the cost of the assessments of the project He also stated his opposition to the median and asked that council consider a less sever alternative He also expressed concern about disruption to the business while construction was underway Scott Harris, 14840 Crandall Avenue in Rosemount was next to speak He agreed that the inconvenience of access would lead him to take his business elsewhere He also believed that a median would not improve public safety Justin Woods, 14801 Covington Avenue in Rosemount stated he agreed with Mr Hams MOTION by Busho to close the Public Hearing Second by Klassen Ayes Riley, Klassen, Cisewski, Busho Nays None Motion carried Following additional discussion with staff and hearing participants, MOTION by Klassen to adopt A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PLANS AND SPECIFICATIONS FOR THE 2002 CHIPPENDALE AVENUE AND CSAH 42 RECONSTRUCTION, CITY PROJECT #344 TAKING INTO ACCOUNT THE MEDIAN CUT AND DIRECTING LEGAL COUNSEL TO CONTINUE NEGOTIATING NVITH F1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2002 PROPERTY OWNERS. Second by Busho Ayes Masser. Cisewski, Busho, Riley Nays None Motion carried Note The resolution for the item will also be amended Public Hearing: Kennel License Application for Gregg Bakker, 3418 —131 Street West Mayor Busho reviewed the public hearing process for the audience and noted that a letter from Brian DeAnn Green, 13341 Cranford Circle in Rosemount had been received by staff regarding the kennel application Chief of Police Kalstabakken presented the item to Council summarizing the information on the executive summary Chief Kalstabakken indicated that Mr Bakker previously had a kennel license but it has since lapsed He also indicated that police calls regarding the dogs' barking were generated on seven different dates Mr Bakker had since purchased barking control collars and muzzle to control the noise. However, there has since been an additional call on Sunday, June 16, 2002 Kennel inspections indicated that the kennel is well maintained and the dogs w ell cared for Applicant Gregg Bakker presented information regarding his dogs He presented the recording secretary with a map and signed letters from neighbors near to Mr Bakker's property Mayor Busho opened the public hearing Christine Coe, 13263 Creggs Circle in Rosemount was first to speak She presented a petition signed by 22 of her neighbors asking Council to deny the Kennel License She stated that the applicant is not around in the evening when the barking is occurring Cathy Regers, 13095 Charleston Way in Rosemount was next to speak She stated that she doesn't hear the dogs at night and that she would like Mr Bakker to receive a kennel license Verlyn Magnuson, 3472 131" Street in Rosemount was next to speak He is Mr Bakker's neighbor and was concerned about the distance away that people have the right to complain He deals with Mr Bakker directly when problems arise and was one of the neighbors to sign off on the sheets Janice Olsen, 3360 131 Street in Rosemount is another neighbor who stated that she hasn't been overly disrupted by the dogs even though she works from her home Susan Kline, 13087 Charleston Way in Rosemount in favor of allowing Mr Bakker to get his Kennel License She stated that the Evemioor development and the wildlife are very disruptive to her and she understands why the dogs bark Gene Bremmer. 14449 Guthrie Way in Apple Valley hunts with Mr Bakker, saying his dogs are a benefit to the City Justin Bakker, the applicant's son, addressed the issue of rabies shots He stated that they administer the shots themselves, therefore the certification was lacking The dogs have since been vaccinated at the Farmington Vet Clinic to receive the necessary certification k] ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2002 MOTION by Busho to close the Public Hearing Second by Crsewski Ayes Riley, Klassen, Cisewski, Busho Nays None Motion carried Following additional discussion with staff and hearing participants, MOTION by Cisewskr TO TABLE THE KENNEL LICENSE APPLICATION FOR GREGG BAKKER, 3418 —131 STREET WEST FOR FURTHER INFORMATION. Second by Klassen Ayes Klassen, Crsewski, Busho, Riley Nays None Motion carried Public Hearing: Kennel License Application for Lamario Charles, 14804 Crandall Avenue Mayor Busho reviewed the public hearing process for the audience Chief of Police Kalstabakken presented the item to Council and recommended denial of the application Mayor Busho opened the public hearing Justin Woods, 14801 Covington Avenue in Rosemount stated he was a neighbor of Mr Charles' and that the dogs frighten him He stated that the applicant currently has four pit bulls Mr Woods has had experience with the dogs getting loose and is concerned for the safety of his family and his fancily pet Scott Hams, 14840 Crandall Avenue in Rosemount was next to speak He is also a neighbor of the applicant He has similar concerns for the safety of his family and his pet Les Awning, 14805 Crandall Avenue in Rosemount posed questions to Council and staff regarding the kennel application process including the number of dogs allowed, whether the breed must be specified, and who monitors noise and samtation issues He also repeated his concern for granting a kennel license to the applicant MOTION by Busho to close the Public Hearing Second by Klassen Ayes Riley, Klassen, Cisewskr, Busho Nays None Motion carried Following additional discussion with staff and hearing participants, MOTION by Klassen to DENY THE KENNEL LICENSE FOR LAMARIO CHARLES, 14804 CRANDALL AVENUE. Second by Riley Ayes Klassen, Cisewskr, Busho, Riley Nays None Motion carried Accept Bids and Award Sale G. O. Improvement Bonds, Series 2002A Accept Bids and Award Sale G. O. Water and Storm Water Revenue Bonds, Series 2002B Alan Erickson from Spnngsteds reported that bids were received for two bond issues for the City The first bond issue was for 53,395,000 General Obligation Improvement Bonds Series 2002A to pay for improvements to South Rose Park, Connemara Phase 1, Biscayne Avenue and 140 Street East The second bond issue was for $1,195 000 General Obligation Water and Storm Water Revenue Bonds, Series 2002B to pay for improvements to Brockway Draw project and Well #12 For Series 2002A five bids were received, with the low bidder being US Bankeorp Piper Jaffrey at a 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2002 rate of 3 22% Four bids were taken for the 2002B series, the low bidder was UBS PaineWebber at a rate 4 24% Mr Erickson also reported that Rosemount's credit rating had been upgraded by Moody's to Al on Friday, June 14, 2002. MOTION by Klassen to ACCEPT THE OFFER FROM US BANCORP PIPER JAFFREY AT A RATE OF 3.22% ON THE SALE OF $3,395,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. Second by Cisewski Ayes Klassen, Cisew ski, Busho, Riley Nays None Motion carried (See note below MOTION by Klassen to ACCEPT THE OFFER FROM ON THE SALE OF $1,195,000 GENERAL OBLIGATION WATER AND STORM WATER REVENEUE BONDS, SERIES 2002B, AND PROVIDING FOR THEIR ISSUANCE WITH THE SALE GOING TO UBS PAINEWEBBER INC. AT A RATE 4.24 Second by Busho Ayes Klassen, Cisewski, Busho, Riley Nays None Motion carried Note There is no tax levy associated with the Note There is no tax levy associated with the issuance of these bonds, according to state law the City must impose a levy but because payment is collected from special assessments they are immediately cancelled Therefore, in the final resolution the motion will read ACCEPT THE OFFER FROM US BANCORP PIPER JAFFREY AT A RATE OF 3 22% ON THE SALE OF $3,395, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A, AND PROVIDE FOR THEIR ISSUANCE Rosewood Village Preliminary Plat; Progress Land Company City Planner Pearson reviewed the preliminary plat for the former "Eastbndge" development site known as "Rosewood Village Last fall, concept approval was granted for mixed residential uses including single family and townhouse development The resolution would approve the preliminary plat for Rosewood Village subject to a series of 16 recommended conditions of approval Warren Israelson, President of Progress Land Company, asked several questions for clarifications. Discussion lead to recommendations by staff for a sidewalk on both sides on some streets and eliminate variances by increasing lot depth by removing lot 22 Attorney Rick Hocking, 7570 West 147th Street Apple Valley, has contacted the railroad concerning the rail Y or spur The railroad has agreed with the set -backs for the fence around the Y for safety An association will be established to maintain the fence and private streets Home values will range from $250,000 to $350,000 for single family homes and townbomes may range from $165,000 to 5195,000 MOTION by Cisewski to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR ROSEWOOD VILLAGE noting we are adding a legal description, a change to item 6 and correction of a typo in item 15 Second by Busho Council Member Riley stated she still believed that the original zoning of Commercial for this land would be the best zoning However, you have been cooperative with staff by meeting all the conditions With that, welcome to the community ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2002 Council Member Klassen is concerned about the outlots and the nearness of a railroad she would be voting no Poll of motion Ayes Busho, Riley, Cisewski Nays None Motion Gamed Further Details to Consent Agenda Items 6.k. and 6.n. City Attorney LeFevere requested a statement be added to the motions for awarding of bids as follows "Award of the bid is contingent on the determination by the City Administrator that all necessary rights of entry or easements by deed or dedication have been secured for construction of the improvements LeFevere further requested that this statement be made in regard to all future construction improvement projects, City Administrator noted that the final plats can be held up at the county offices Announcements Mayor Busho reviewed the regular city meetings The City Hall will be closed July 4th for observance of Independence Day The meeting was adjourned at 10 51 p in Respectfully submitted, HR/ Communications Coordinator, Paula Graff Recording Secretary The City Council Agenda Packet is Clerk's File 2002 -22. M%