HomeMy WebLinkAbout6.a. Minutes of April 17, 2001 Regular City Council Meeting4�
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 17, 2001
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly
held on Tuesday, April 17, 2001, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th
Street West.
Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and
Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community
Development Director Parsons, City Planner Pearson, Police Chief Kalstabakken, Parks &
Recreation Director Schultz, Acting City Engineer Weiss, and Engineer Mark Erichson from WSB
Engineering.
The meeting was opened with the Pledge of Allegiance. Council Member Riley added an item to
New Business to the agenda, l O.b. Facilitator Selection. Also additional information was provided
for item 6.a. Minutes of April 3, 2001 Regular City Council Meeting, 9. Public Hearing:
Amendment to Off -Sale Liquor License, and 10.a. Selection Policy Amendments.
Public Comment
Steve Casey, 15455 Danville Avenue, requested City Council to reconsider the downtown
streetscape project. Casey thought the light poles are too close, their distance apart should be cut in
half and alternated with the other side of the street. The brick pavers do not endure winters well and
are covered by snow out of sight most of the year, therefore unnecessary. The burying of electrical
lines are a financial burden to the affected businesses..
Harry Willcox, 14674 Danville Avenue, was against the proposed downtown streetscape. Willcox
reviewed past downtown plans and believed it is very hard to keep businesses vital. Willcox stated
this added expense of assessments to businesses would be economic suicide.
Response to Public Comment
City Attorney LeFevere responded to the Planning Commission removal of Kim Shoe- Corrigan.
LeFevere quoted the Minnesota Statutes Section 412.111, "The council may, except otherwise
provided, remove any appointive officer or employee when in its judgement the public welfare will
be promoted by the removal." The public welfare is determined in the Council's judgement. Policy
and political decisions are considered. LeFevere stated such general reasons as: replacing a democrat
on the Planning Commission with a republican, being too friendly or too hostile, not sufficiently
creative, or full of impractical ideas, or not compatible with other members. There is no legal
requirement that the City Council make findings or formally state reasons or justification for its
decision.
Council Member Riley thought that a reason should be stated, and noted that she had no knowledge
of why Kim Shoe - Corrigan was removed from Planning Commission. Riley did not see this action
as "in the pubic interest." Riley has heard extensive support for Kim in the community. Kim is to
be applauded for her attributes; strong leadership skills, good judgement, and professionalism.
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Riley's fact finding of the action does not support the removal of Kim Shoe- Corrigan. Riley stated
this is our loss and in poor judgement.
Arbor Day and Arbor Month Proclamation
Parks & Recreation Director Schultz presented the proclamation for Arbor Day and Arbor Month
as part of the Tree City USA membership requirements. The City of Rosemount has been a member
for nine years. Arbor Day is May 5 and a limited number of free trees will be available for
Rosemount Residents. This is usually very well attended.
MOTION by Edwards to approve the proclamation identifying May 5, 2001 as Arbor Day and the
month of May as Arbor Month. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho, Riley.
Nays: None. Motion carried.
National Playground Safety Week Proclamation
Parks & Recreation Director Schultz presented the first year for Rosemount to participate in the
national program for Playground Safety. The proclamation states that April 23 -27, 2001 will be
Playground Safety Week when everyone is asked to focus on their local playground and report back
to the Parks & Recreation Department if any repairs are necessary.
MOTION by Riley to approve the proclamation identifying April 23 -28, 2001 as Playground Safety
Week in Rosemount. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays:
None. Motion carried.
Bid for Play Equipment at Birch Park
Parks & Recreation Director Schultz reported that new equipment has been bid for Birch Park in
Bicayne Point neighborhood. A neighborhood meeting was held and input received regarding the
type and style desired. The Parks & Recreation Commission did review the bids and recommend
Miracle Recreation Company. It would be installed the first week in June.
MOTION by Cisewski to approve the proposal submitted by Miracle Recreation for play equipment
at Birch Park. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: none.
Motion carried.
Consent Agenda
Council Member Klassen pulled Consent Agenda Items 6.a. Minutes of April 3, 2001, Regular City
Council and 6.g. Approval of Subdivision Agreement for Carrousel Plaza Addition and 6.h.
Approve Plans and Specs /Authorize Ad for Bid for Carrousel Plaza Street & Utility Improvements,
City Project 322 pulled for discussion
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MOTION by Klassen to approve the Consent Agenda with a revision to Item 6. a. Minutes of April
3, 2001 Regular City Council and removing for discussion Items 6.g. Approval of Subdivision
Agreement for Carrousel Plaza Addition and 6.h. Approve Plans and Specs /Authorize Ad for Bid
for Carrousel Plaza Street & Utility Improvements, City Project 322. Second by Edwards. Ayes:
Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried.
a. Minutes of April 3, 2001 Regular City Council Amended
b. Bills Listing
C. Amend Purchasing Policy
d. Gambling Premise Permit
e. Revisions to Personnel Policy
f. Set Special Meeting for a Work Session, April 25, 2001, 6:30 p.m.
g. Water Meter Installation Policy Amendment, Second Reading
h. Approval of Subdivision Agreement for Carrousel Plaza Addition Pulled for discussion
i. Approve Plans and Specs /Authorize Ad for Bid for Carrousel Plaza Street & Utility
Improvements, City Project 322 Pulled for discussion
j. Addition of Municipal State Aid District Streets
k. Award Bid for Sale of the Olympia Ice Resurfacer
1. Rejection of Bids for Playground Equipment at Dallara Park
M. Contract Renewal for Superior Services
n. Minutes of April 11, 2001 Committee of the Whole
6.a. Minutes of April 3, 2001 Regular City Council
Council Member Klassen requested that the minutes of April 3, 2001, be amended on page
three after "new legislation" to state, "the deadline of the letter from Shoreview had passed."
MOTION by Cisewski to amend the April 3, 2001, City Council minutes on page three after "new
legislation" to state, "the deadline of the letter from Shoreview had passed." Second by Edwards.
Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried.
6.h. Approval of Subdivision Agreement for Carrousel Plaza Addition and
61 Approve Plans and Spec's /Authorize Ad for Bid for Carrousel Plaza Street & Utility
Improvements, City Project 322
Council Member Klassen asked if the City Attorney had reviewed these agreements and his thoughts
on it? LeFevere noted that the process of having the developer pay for infrastructure is still in the
evolutionary stage. This agreement gives the risk to the developer at no cost to the public, and no 429
debt. The developer will make funds available when they are due to the contractor and provide a
Letter of Credit for the estimated cost plus 10 %. Developer Thomas VonBische from Heritage
Developers reported that this was made clear to him by a phone conversation and he is agreeable to
it. VonBische thanked the City for the play equipment for the neighborhood park.
MOTION by Edwards to approve Items 6.h. and 61 from the Consent Agenda, Approval of
Subdivision Agreement for Carrousel Plaza Addition and Approve Plans and Spec's /Authorize Ad
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for Bid for Carrousel Plaza Street & Utility Improvements, City Project 322. Second by Klassen.
Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried.
Mayor Busho explained the Public Hearing process for the audience. The City Clerk indicated that
the affidavits of published and posted notice were on file for all three public hearings.
PUBLIC HEARING: 2001 Street and Utility Reconstruction Improvements, Dodd Blvd.,
Danville Ave. City Project 326
Acting Engineer Weiss reviewed the planned improvements for Dodd Boulevard, Dallara Avenue,
and Delft Avenue, which would include completing a loop for the watermain and changing it from
6 inch to an 8 -inch watermain. The bike path would also be completed on the south side of the street.
Danville Avenue is being consider to add into this years reconstruction because of the flooding
problems last year and complaints on the watermain system there. Twin Puddles pond would be
excavated in order to hold more runoff water. Mayor Busho noted that the Utilities Commission has
not discussed including Danville Avenue. The costs for Danville Ave. would come from the general
fund. Clarification questions were asked.
Harry Willcox, 14674 Danville Avenue, asked why the FEMA flood money couldn't be used to pay
for this project? Police Chief Kalstabakken said the only funds they received were for expenses
already incurred. Willcox asked why you would pump water from the north pond to the south pond?
Would a parking lot bring contamination to the pond water. Weiss responded that Twin Puddles
Ponds do not have an outlet, which is needed, and that a parking lot does not pose a threat to pond
water.
Tom Pierksky, 14800 Dodd Boulevard, asked how many feet easement are needed? Weiss noted it
is 17 feet along the front lot line. Pierksky did not want to hook up to city water. Ordinance XI.1
established the policy in 1970 stating that when water was available to a property it would be
required to hook up to it within two years.
Mayor Busho opened the floor for public comments.
Harry Willcox, 14674 Danville Avenue, was for the Dodd Blvd. and Danville Ave. portion of the
project, but not the changes to Twin Puddles:
Tim and Zimma Zemanovic, 14915 Danville Avenue, would like the improvements done this year.
Waiting would only increase the costs. Zemanovic would like the priority for Twin Puddles to be
a park rather than a holding pond. He noted that Dallara Park needs new play equipment.
Lane Voigt, 14833 Danville Avenue, would like Danville Ave. improvements done this year.
Denise Heinzen, 14587 Danbury Avenue, commented that he would like to seethe improvements
done and that staff did a super job repairing the street after the flood last year.
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Tom Pierksky, 14800 Dodd Boulevard, said he would not mind the easement for the bike path if he
doesn't have to hook up to water. Pierksky is satisfied with his well water and can't justify the
expense to have city water. Pierksky noted the frequent number of car accidents at the corner of
Dodd Blvd. and Shannon Parkway. Pierksky also observed that the culvert by his property never has
water running in it.
Acting City Engineer Weiss said the speed limit and signs posted are set by a state traffic
commission. The number of vehicles counted at the intersection of Dodd Blvd. and Shannon Pkwy.
are not high enough yet to make any changes.
Parks & Recreation Director Schultz said that Dallara Park will have new play equipment in by June
10' The Twin Puddles play equipment was taken out about 7 years ago. The people using the bike
path will have to cross at Dodd Blvd. and Shannon Pkwy, so it may be wise to consider a stop sign
there with a pedestrian crossing.
Edwards sensed that those at the informational meeting did want the water system taken care of.
There was no one there against the project.
Discussion was held on different ways to divide the project. Cisewski was in favor of limiting any
construction delays, but would allow the Utilities Commission to give input.
MOTION by Edwards to close the Public Hearing for the 2001 Street & Utility Reconstruction
Improvements, City Project 326. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Riley,
Edwards. Nays: None. Motion carried.
MOTION by Edwards to table consideration of the 2001 Street & Utility Reconstruction
Improvements, City Project 326 to a work session following the Utilities Commission's review May
9 Second by Klassen. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion
carried.
Mayor Busho called for a five- minute break at 9:15 p.m. The meeting was reconvened at 9:20 p.m.
PUBLIC HEARING: Appeal of Denial for Land Division for Richard Cliff
City Planner Pearson reviewed staff's interpretation of the density rules used with the platting of
Stonebridge and Stonebridge Second Additions from the 160 acres owned by Richard Cliff. Cliff
has a buyer for 40 acres now and would like to divide his remaining 79.54 acres in the Agriculture
District. The Agriculture district residential density is one unit per forty acres, which staff interprets
to be a minimum. Attorney Vance Grannis, Mr. Cliff's attorney, is requesting that the City "round-
upwards" from the79.54 acres to the full 80 acres. Staff does not believe that the ordinance allows
for such discretion. The Planning Commission reviewed this and upheld staff's interpretation with
a 3 to 1 vote. City Council does have the final word to clarify city planning code interpretation.
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APRIL 17, 2001
Attorney Vance Grannis, Mr. Cliff's attorney, argued that case law shows that many townships and
municipalities have in the past used the closest whole number when figuring density, just because
it makes sense. Council did not want to set a precedent. Klassen noted this area is going to be Urban
Reserve in the future MUSA area, which would increase the density. It was suggested that an area
variance might be applied for with the Planning Commission. Grannis asked if the fee for the appeal
could be credited to the variance application. Consensus was that the fee could not be transferred.
Mike McMenomy, 1838 Fairmont Avenue, St. Paul, owns the farm next to Rich Cliff which he
farmed for 41 years. Rich has been the best neighbor. Rich is 70 years old, a fine man, who is being
put through a lot for land that he now needs the value of his land for his retirement.
John Remkus, 13040 Akron Avenue, asked for reasonableness. Less than ' / of one percent makes
up the difference short of the 80 acres. Human judgement calls for fairness for society as a whole.
Remkus asked that Council make this happen tonight.
Richard Cliff, 12523 Akron Avenue, noted that his abstract says 80 acres. He pays taxes on 80 acres.
Cliff asked Council to reverse staff's decision so he could sell his land.
Wayne Groth, 14560 135 Street East, was in favor of Rich Cliff's request.
Bob Hawkins, 1110 124 Court, was in favor of the land division. Hawkins asked Council to do
what was reasonable and fair.
Tamara Hamelen, 4731 West 129 Street, Savage, thanked the audience for their backing of her
father, Rich Cliff. She said her Dad would give his shirt off his back for anyone. Hamelen stated,
"This land is her Dad's pension plan and he should be allowed to sell it."
Pat Iverson, 1145 124 Court West, requested Council to do what was right. He was in favor of
Cliff.
Denise Travers, 1264 Biscayne Avenue, noted that a little bit of good can go a long way. Travers
was in favor of the land division.
Jim Powell, 12311 Akron Avenue, said there was such a small amount of difference from the 80
acres, it is common sense to approve the lot division.
Mark DeBettignies, 4125 153` Street, said if Cliff pays taxes on 80 acres, he should be allowed this
lot division.
Myron Napper, 3381 145 Street East, a Planning Commissioner, but representing only himself this
evening, recommended the approval of the Cliff land division.
MOTION by Edwards to close the Public Hearing for the Appeal of Denial for Land Division for
Richard Cliff. Second by Cisewski. Ayes: Five. Nays: None. Motion carried.
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City Attorney LeFevere noted that the process for a minor subdivision, not a lot division, with a
public hearing would be necessary. Pearson noted that could be accomplished in 30 days.
The Council discussion showed that they were not opposed to the sale of the Cliff land, but they
were not comfortable with rounding to whole numbers to satisfy specific rules.
MOTION by Edwards to affirm the Planning Commission's recommendation and direct staff to
prepare findings of fact supporting the staff interpretation of the maximum density standards of the
Agriculture district specified in the zoning ordinance. Second by Cisewski. Ayes: Riley, Edwards,
Klassen, Cisewski, Busho. Nays: None. Motion carried.
PUBLIC HEARING: Application for Amendment to Off -Sale Liquor License — Shenanigans
Off -Sale
City Clerk Jentink reviewed the application by Fritz Dolejs, the owner of Shenanigans on and off
sale liquor establishment at 14605 South Robert Trail. Dolejs has a new building at 15047 Crestone
Avenue to house the entire off -sale liquor business. This off -sale liquor business will be managed
by Sarah Dostle who currently manages both the off -sale and the on -sale liquor businesses in
Rosemount. The on -sale liquor business will continue at its present site, 14605 South Robert Trail.
Jentink noted that the new building is very attractive and that it will be a good addition to the
business district along CountyRoad 42.
There were no public comments from the audience.
MOTION by Edwards to close the Public Hearing Application for Amendment to Off -Sale Liquor
License - Shenanigans Off -Sale. Second by Klassen. Ayes: Five. Nays: None. Motion carried.
MOTION by Edwards to approve an amendment to the location of the Off -Sale Liquor License for
Shenanigans to 15047 Crestone Avenue beginning May 1, 2001 pending insurance and a Certificate
of Occupancy for the new building. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho,
Riley. Nays: None. Motion carried.
Selection Policy Amendments
City Administrator Burt reviewed the changes to the Selection Policy, Open Appointment
Application Form, Commission by -laws, and Port Authority changes by resolution as directed by
City Council at the April P meeting.
MOTION by Cisewski to approve changes to the Selection Policy, approve a Resolution Relating
to the Rosemount Port Authority Amending Resolution 1991 -53, and changes to all the
commission's by laws. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays:
None. Motion carried.
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Amendment to City Code 7 -5, Bows and Firearms
Police Chief Kalstabakken asked Council to consider moving the hunting division line further east.
Hunting could endanger people if it is too near residential development. It is recommended to move
the line dividing hunting from non - hunting areas to Akron Avenue. There are a few family rural
properties (McMenomy's, north of CR 38) which desire to retain hunting to manage wildlife. They
are not near the new residential development but are on the west side of Akron Avenue. Council may
consider a special permit for these interested residents. It is also recommended that for target practice
a suitable backstop should be required as indicated in the Ordinance amendment. Council requested
community input from the Police Chief at the next meeting and a comparison to other communities.
No action was requested at this meeting. The second reading will be at a future meeting.
Facilitator Selection
Council Member Riley requested at the April 11 work session that an outside facilitator be hired
to build consensus and work on team building. Two names were recommended to City Administrator
Burt, Barbara Arne and Carl Nue, as facilitators. Klassen and Edwards did not agree that $4,000
should be spent for this. Klassen noted that four of the council members have been through Blandin
Institute training, which was very intensive. Riley would like to include staff since there are new staff
members as well. City Administrator Burt noted that most cities have a yearly meeting for goal
setting and team building. It is meant to be fun and encouraging. The consensus was to gather more
information and address this at a work session.
Mayor Busho adjourned the meeting at 11:13 p.m.
Respectfully submitted,
Linda Jentink, City Clerk
The City Council Agenda Packet is Clerk's File 2001 -14.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 1, 2001
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly
held on Tuesday, April 17, 2001, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th
Street West.
Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and
Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Police Chief
Kalstabakken, Parks & Recreation Director Schultz, Acting City Engineer Weiss, and Finance
Director May. The meeting was opened with the Pledge of Allegiance led by Finance Director Jeff
May.
Council Member Klassen added an item to the agenda to New Business 8.a. Stop Sign on Claret and
156 Street. Council Member Riley added item S.b. Business Council Letter Response. Riley
requested that plaques be issued to past commissioners and the Mayor responded that it is being
implemented. Also additional information was provided for items 6.d. Receive Bids /Award Contract
for East Side Watermain, City Project 320; and item 8.c. Cooperative Agreement for Dakota County
Shop. City Administrator Burt requested that two items be removed from the agenda, item 6.e. Set
Public Hearing for Associated Wood Products and item 7.b. Commercial District Zoning
Regulations & Traditional Downtown Overlay District. These changes were applied to the agenda.
Public Comment
Darlene Terry, Ace Hardware owners, presented a letter from MNDOT showing a permit was
received for their access driveways and that there is no grandfather clause on record.
Reid Hansen, represented the Business Council, a group of Rosemount business owners, who got
350 signatures on a petition protesting the proposed streetscape for Highway 3. They requested that
the streetscape project be put on hold so a compromise could be reached regarding highway accesses
and design. A meeting was held with the help of State Senator Pat Pariseau and State Representative
Denise Ozment at which Council Members Mary Riley and Ena Cisewski were present with the
Business Council group. All of City Council was invited but due to the Open Meeting Law only two
could attend. The Business Council is requesting another meeting as soon as possible. Mayor Busho
noted that there are two items on the agenda regarding these issues.
Tom Piekarski, 14800 Dodd Boulevard, had questions regarding the condemnation of his property.
He protested that he had not been noticed sooner than two hours prior to the meeting. Piekarski
questioned the $2,000 increase in his assessment, would he be forced to hook up to water, had City
Council been aware of the changes to the bike path? Mayor Busho noted that the answers will be
presented with the agenda item.
Ken Marcotte, 12913 Shannon Parkway, presented a letter for the record, which stated their hope to
keep the water level of their pond between 906 feet and 908 feet. They expect that the city will
remove all sediment that resulted from flooding and that the city would take whatever action is
necessary to improve the storm water system including stopping all building and grading in the
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MAY 1 2001
surrounding development area. Marcottes hold the city, city officials, and Contractor Property
Developers Company responsible for property damage and property value.
Response to Public Comment
Staff engineers responded to ten questions on the Highway 3 Improvements in written form. That
is available on the back table in the Chambers.
National Police Week and Peace Officers' Memorial Day
Police Chief Gary Kalstabakken presented a proclamation for the Peace Officers Memorial Day
which started in 1962 honoring all who have died in the line of duty and the National Police Week,
May 13 to 19, 2001. Activities will begin at Mankato May 6` to kick off a statewide program. A
program will be held in St. Paul on May 15 at the State Capital, 12'' and Wabasha. On May 16
there will be a Torch Run from 160 Street up Highway 3 through Rosemount. This will recognize
the public service work diligently performed by the dedicated members of the Rosemount Police
Department.
MOTION by Cisewski to approve the proclamation identifying May 13 19, 2001 as Police Week
and May 15, 2001 as Peace Officers Memorial Day. Second by Riley. Ayes: Cisewski, Busho, Riley,
Edwards, Klassen. Nays: None. Motion carried.
Certificate of Achievement in Financial Reporting Award
Mayor Busho presented Finance Director Jeff May and his staff with the Certificate of Achievement
for Excellence in Financial Reporting, a recognition for excellence in state and local government
financial reporting. This is the fourth year that the City of Rosemount has received the award. The
Certificate of Achievement is looked on favorably by outside agencies when looking at the financial
condition of a governmental agency. Congratulations staff.
Consent Agenda
Items Receive Plans & Spec's /Authorize Ad for Bid — Evermoor 4 th Addition Street & Utility
Improvements, Phase 2, City Project 333 for discussion and Item 6.d. Receive Bids /Award, Contract
for East Side Watermain, City Project 320 had additional information added which were the bid
results. Then Item 6.e. Set Public Hearing for Associated Wood Products was pulled by staff, not
to be considered at this time, and Item 6 g. Receive Feasibility Report/Order Project/Order Plans and
Specifications CSAH 42 Improvements (Diamond Path to Shannon Parkway) City Project 327 was
pulled for clarification.
MOTION by Edwards to approve the Consent Agenda pulling Items 6.c, and 6.g. for discussion and
removing Item 6.e. Second by Klassen. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays:
None. Motion carried.
a. Bills Listing
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MAY 1, 2001
Dallara Park Play Equipment — Bid Award
Receive Plans & Spec's/ Authorize Ad for Bid - Evermoor 4` Addition Street & Utility
Improvements, Phase 2, City Project #333 See Discussion
Receive Bids /Award Contract — East Side Watermain, City Project #320
Set Public Hearing — Associated Wood Products Removed
Completion of Probation
Receive Feasibility Report/Order Project/Order Plans & Specifications CSAH 42
Improvements (Diamond Path to Shannon Parkway) City Project #327 See Clarification
Award Contract for Steel for City Hall Project
Set Public Hearing — Danville Avenue Reconstruction Improvements, City Project #326
Approval of PUD Agreement — Carrousel Plaza Townhomes
Resignation of Employee
Item 6.g. Receive Feasibility Report /Order Project /Order Plans & Specifications CSAH 42
Improvements (Diamond Path to Shannon Parkway) City Project 327
Council Member Riley noted that the Executive Summary presented this City Project number as 333
and on the agenda it was City Project number 327. Staff confirmed that the correct number is 327.
MOTION by Edwards to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT,
APPROVING THE PROJECT AND ORDERING THE PLANS AND SPECIFICATIONS
FOR CSAH 42 IMPROVEMENTS, (DIAMOND PATH TO SHANNON PARKWAY), CITY
PROJECT 327. Second by Cisewski. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays:
None. Motion carried.
Item 6.c. Receive Plans & Spec's /Authorize Ad for Bid for Evermoor 4t Addition Street and
Utility Improvements, Phase 2, City Project 333
Council Member Riley pulled this item believing that it should not move forward until the water
problems are solved for residents surrounding this development. Klassen agreed and added that all
building permits should be held back until other resident complaints are rectified. Klassen has had
complaints of construction vehicles using residential streets and feels that the AUAR suggestions
for erosion control are not being followed.
City Administrator Burt said this had been a topic at the work session in April and several changes
were implemented. City Engineer Weiss noted that two weeks ago the job and all contractors had
been removed from the site until compliance could be demonstrated. They have added 4,000 feet of
silt fence, a temporary dike is planned above Marcotte Pond, blockades have been placed across
residential streets so large machinery is restricted, and the streets are swept weekly. Evermoor 4`"
Addition is developed by D.R. Horton and the watershed does not go toward Marcotte Pond. The
forcemain needed for routing stormwater away from Marcotte Pond could be combined to this
project in order to expedite a solution. Klassen noted her concern was not just for Marcotte Pond,
but other rural residents as well. Weiss said that the big rainstorms of the summer of 2000 have
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Dallara Park Play Equipment — Bid Award
Receive Plans & Spec's/ Authorize Ad for Bid - Evermoor 4` Addition Street & Utility
Improvements, Phase 2, City Project #333 See Discussion
Receive Bids /Award Contract — East Side Watermain, City Project #320
Set Public Hearing — Associated Wood Products Removed
Completion of Probation
Receive Feasibility Report/Order Project/Order Plans & Specifications CSAH 42
Improvements (Diamond Path to Shannon Parkway) City Project #327 See Clarification
Award Contract for Steel for City Hall Project
Set Public Hearing — Danville Avenue Reconstruction Improvements, City Project #326
Approval of PUD Agreement — Carrousel Plaza Townhomes
Resignation of Employee
Item 6.g. Receive Feasibility Report /Order Project /Order Plans & Specifications CSAH 42
Improvements (Diamond Path to Shannon Parkway) City Project 327
Council Member Riley noted that the Executive Summary presented this City Project number as 333
and on the agenda it was City Project number 327. Staff confirmed that the correct number is 327.
MOTION by Edwards to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT,
APPROVING THE PROJECT AND ORDERING THE PLANS AND SPECIFICATIONS
FOR CSAH 42 IMPROVEMENTS, (DIAMOND PATH TO SHANNON PARKWAY), CITY
PROJECT 327. Second by Cisewski. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays:
None. Motion carried.
Item 6.c. Receive Plans & Spec's /Authorize Ad for Bid for Evermoor 4t Addition Street and
Utility Improvements, Phase 2, City Project 333
Council Member Riley pulled this item believing that it should not move forward until the water
problems are solved for residents surrounding this development. Klassen agreed and added that all
building permits should be held back until other resident complaints are rectified. Klassen has had
complaints of construction vehicles using residential streets and feels that the AUAR suggestions
for erosion control are not being followed.
City Administrator Burt said this had been a topic at the work session in April and several changes
were implemented. City Engineer Weiss noted that two weeks ago the job and all contractors had
been removed from the site until compliance could be demonstrated. They have added 4,000 feet of
silt fence, a temporary dike is planned above Marcotte Pond, blockades have been placed across
residential streets so large machinery is restricted, and the streets are swept weekly. Evermoor 4`"
Addition is developed by D.R. Horton and the watershed does not go toward Marcotte Pond. The
forcemain needed for routing stormwater away from Marcotte Pond could be combined to this
project in order to expedite a solution. Klassen noted her concern was not just for Marcotte Pond,
but other rural residents as well. Weiss said that the big rainstorms of the summer of 2000 have
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 1, 2001
brought this issue to the fore. Rosemount is land locked, it needs to complete its storm water system
to allow the water to go somewhere. Development has pressed this need to complete the storm water
system. The planned seeding and sod for last fall was not successful due to the early winter. The
heavy snow caused failure of many of the silt fences and the ponds became contaminated. Last
Friday Weiss had a walk through with the MinnesotaTollution Control Agency (MPCA). They were
encouraging and asked how they could help. No fines are recommended. The MPCA acknowledges
the seasons have made it difficult for developers. Because of the extra moisture in the ground, the
dike is not able to be completed now. Weiss has blocked with sandbags all water that would flow
into Marcotte Pond to stabilize it. Seeding with rye grass is planned for next week to check water
runoff. When the forcemain and pump is in place the water will go to Schwarz Pond, which has
overflow run to Erickson Pond. Klassen presented Council with e-mail copies from the MPCA and
the DNR.
Dave Hemple, the on site Evermoor Manager, reviewed the action that they have taken to correct
many of these problems. The weather is a problem and the frost is just coming out of the ground.
Hemple stated he is willing to work with the City and MPCA.
Mayor Busho stated that the Utilities Commission has looked at the forcemain and would likely be
agreeable to it. Weiss noted that there are weekly construction meetings where issues can be
addressed and results monitored. Weiss also said that the pump required will take many months to
obtain and likely the storm water drainage system would not be workable until spring of 2002.
MOTION by Riley to adopt A RESOLUTION APPROVING THE PLANS AND
SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF BIDS FOR
EVERMOOR 4 TH ADDITION STREET AND UTILITY IMPROVMENTS, PHASE 2, CITY
PROJECT 333 and add a forcemain for Marcotte Pond. Second by Cisewski. Discussion was held.
Cisewski removed her second. Discussion was held again. Second was made by Busho. Discussion
ensued. Cisewski noted she was not opposed to either part of the motion, however she felt it would
be better to have the Utility Commission consider this because of the project cost to the City. Busho
removed her second. Motion died due to lack of a second.
MOTION by Cisewski to adopt A RESOLUTION APPROVING THE PLANS AND
SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF BIDS FOR
EVERMOOR 4 TH ADDITION STREET AND UTILITY IMPROVMENTS, PHASE 2, CITY
PROJECT 333. Second by Busho. Ayes: Cisewski, Busho. Nays: Klassen, Riley. Present:
Edwards. Motion failed.
The Utility Commission will review all issues and make a recommendation to City Council for the
Marcotte Forcemain.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 1 2001
Approve Plans and Spec's /Authorize Submitting of MNDOT for Consideration of TH 3 Street
and Utility Improvements, City Project 318
Acting City Engineer Weiss reported that City Project 318 would be presented to the Minnesota
Department of Transportation for their review and comments. After July 1 it will return to the City
Council for consideration.
MOTION by Edwards to adopt A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING SUBMISION OF THE PLANS TO MN/DOT FOR
TH3,145 STREET TO LOWER 147 STREET, CITY PROJECT 318. Second by Klassen.
Ayes: Cisewski, Busho, Edwards, Klassen. Nays: Riley. Motion approved.
Cooperative Agreement for Dakota County Shop
City Administrator Burt explained that the agreement between Dakota County and the City of
Rosemount to provide city water and sewer will be paid for entirely by Dakota County. The City will
be allowed to purchase the County's salt/sand which will save the City from building a $100,000
storage facility which would have to meet MPCA's new standards for salt. The County facility
project should start this fall and take one year to complete. The City will be designing the project,
the County will hire a contracter to complete the project.
Council Member Cisewski was concerned that the truck washing facility there would use Rosemount
sewer capacity. Burt said it would not, the sewer flow will be attributed to Empire Township, which
Metropolitan Council will control.
Council Member Klassen stated she was against this project because of the 80 acre purchase the
County made. They will use only 40 acres for this project but it is uncertain what development might
happen in the future to the other 40 acres. Klassen was surprised at the policy change Metropolitan
Council made in approving this zoning amendment. Klassen said this was a huge policy price to have
to pay to receive sand and salt for the City.
Mayor Busho said she had concerns, but cooperation between the County and other agencies is
needed. Busho asked about the Rosemount businesses on 160 Street and if they had any desire to
hook to the sanitary sewer? Weiss noted he had not been contacted by anyone, but there was one
developable lot that will need it. A feasibility study would have to be done on extending Boulder
Avenue.
Council Member Edwards acknowledged that he and Klassen were not present at the work session
regarding the request from Dakota County for water and sewer. Edwards sees policy issues similar
to Northfield/Dundas all over again. Edwards was disappointed this hadn't been fully explored.
MOTION by Riley to adopt A RESOLUTION REQUESTING A COOPERATIVE
AGREEMENT PROJECT WITH DAKOTA COUNTY TO PROVIDE SANITARY SEWER
AND WATER SERVICES TO THE PROPOSED COUNTY SHOP LOCATED SOUTH OF
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 1, 2001
160 STREET IN EMPIRE TOWNSHIP. Second by Busho. Ayes: Busho, Riley, Cisewski.
Nays: Edwards, Klassen. Motion carried.
MOTION by Riley to adopt A RESOLUTION AUTHORIZING THE PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE DAKOTA COUNTY SHOP SANITARY
SEWER, CITY PROJECT 332 contingent upon County approval. Second by Busho. Ayes: Riley,
Cisewski, Busho. Nays: Edwards, Klassen. Motion carried.
Discussion ensued regarding the need for water use incorporated into the motion. Weiss explained
that City water is in 16& Street and would only require a simple permit in order to have the County
hook up to it.
Authorization for Condemnation for Easement on Thomas and Sharon Piekarski Property
Acting City Engineer Weiss presented a map showing a revision to the bike path, so that it would
jog around the Piekarski property except on the corner. A temporary easement will be needed to
provide the proper slope for the pathway and a permanent easement on the corner. Piekarski
approached Weiss earlier to trade the right -of -way for not hooking up to the water main. This would
not be an option because it is against City policy. Negotiation is possible at any time before the
condemnation is complete. Weiss apologized for the late notice Piekarski received of this meeting.
Most of the City Council was aware of the bike path changes and it was reviewed with the City
Administrator Burt. The assessment was increased because the street improvements were added in.
City policy would require Piekarski to hook up to water within two years. The Danville Street
improvements that may be added into this project are going to the Utilities Commission for review
May 7, 2001.
MOTION by Edwards to adopt A RESOLUTION AUTHORIZING ACQUISITON OF
EASEMENT BY EMINENT DOMAIN. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski,
Riley. Nays: None. Present: Busho. Motion carried.
Stop Sign on Claret and 156t Street
Council Member Klassen would like to take action on the staff report which showed that warrants
direct that a stop sign is needed at Claret and 156 Street which only has a yield sign at this time.
It was also noted that a mature tree is in the sightline triangle and should be removed. Klassen
requested a neighborhood meeting to inform all those interested and then move forward with the
improvement.
MOTION by Edwards to direct staff to hold a neighborhood meeting to inform the neighbors about
the warrants, tree removal, and new stop sign. Second by Cisewski. Ayes: Edwards, Klassen,
Cisewski, Busho, Riley. Nays: None. Motion carried.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 1 2001
Mayor Busho informed staff that she has been contacted by residents requesting stop signs at 151
Street/ Cimarron Ave. and Dodd Road/Shannon Pkwy. (a four -way stop). Busho asked staff to look
into these areas.
Business Council Letter Response
The Rosemount Business Council had delivered a letter to City Council last week requesting a
meeting where they could be heard. Council Member Riley requested a date from Council to set a
meeting to restore trust and repair bridges. Riley quoted from a League of Minnesota Cities booklet,
"government should insure open government to encourage input from all affected." Mayor Busho
noted that adequate notice is needed to allow for the Open Meeting Laws. Busho reviewed how a
focus group starting in 1996 held many open houses at city hall, contacted business owners one on
one, and held many "public meetings at Port Authority, Planning Commission, and City Council.
Council Member Edwards cautioned about special interest groups such as the City of Minneapolis
who was accused of favoritism by creating a special vehicle for a special group. All interested
citizens are welcome to attend public meetings. Council Member Cisewski and Klassen also thought
that the Business Council has had very many opportunities. Riley argued that the Business Council
felt they had not been heard and it would be respectful to meet with them to foster better relations
down the road.
Council Member Cisewski noted that it's not that she has not heard the group, but the process has
moved forward and decisions have been made. There are future open meetings planned to review
the downtown streetscape after it is reviewed by MnDot and the Rosemount Business Council is
welcome to attend. No further action was taken.
Announcements
Mayor Busho reviewed the up- coming meetings. Council Member Riley noted that Prayer for the
Nations will be held on May P, 5pm to 9 p.m. at the High School. Busho will be attending a related
Prayer for the South Suburban Area in Burnsville May 3, at 6 p.m.
Mayor Busho adjourned the meeting at 9:43 p.m.
Respectfully submitted,
Linda Jentink, City Clerk
The City Council Agenda Packet is Clerk's File 2001 -17.
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