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HomeMy WebLinkAbout6.a. Minutes of July 6, 1999 Regular City Council Meeting ��� �� _ � ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 6, 1999, at 7:30 p.m. in the Council Chamber at City Hall,2875 145th Street West. Mayor Busho called the meeting to order with Council Members Edwards, Cisewski, and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Police Chief Kalstabakken, Police Lieutenant Kuhns, Interim Parks & Recreation Director Schultz, Community Development Director Rogness, and Building Official Kaehler. Police Chief Kalstabakken led the group in the Pledge of Allegiance. There were no public comments: An items was added to the Consent Agenda, "No Parking On Diamond Path." The resolution for Item 9.a.,Rezoning Request at 2925 145th Street West, Polfus Site, was distributed because the second page was omitted from the original packet: City Administrator Burt distributed an updated memo for the Draft 2000 Budget. Citizen A�preciation Awards for Assistance to the Police Department Police Chief Kalstabakken and Lieutenant Kuhns presented awards to three citizens whose help in three different situations aided in the arrest and conviction of burglars.Due to their observations and actions the police were able to apprehend and arrest these criminals who were found to have done similar crimes in other counties as well. Mr. Thomas Davis, manager at McDonalds restaurant, noticed ceiling tiles moved in the men's bathroom,he waited for the suspect to come out, and then detained him until police arrived. Mr. Claude Sower, employed at Cannon Equipment noticed an unfamiliar person in the building, he checked the parking lot for an unfamiliaz car and took down its license number.The man was confronted,gave a vague answer and left carrying a briefcase.Later it was learned that that briefcase was a laptop computer. The license plate provided helped police track down the suspect. Mr. Douglas Meggitt was at home at 11:30 a.m. when he heard someone enter the house.He initially hide,but when they came near he confronted them,they fled and he was able to give a good description of the truck and the direction of travel. Because all three men reported to the police immediately and were observant,police officers were able to track and arrest , these criminals. Cooperation from citizens is essential in solving all crimes and is greatly appreciated. Mayor Busho called for a five minute break in order to congratulate Davis, Sower, and Meggitt. The meeting was resumed. Hiring of Parks & Recreation Director City Administrator Burt reported that five applicants had been interviewed on June 25th,by himself and City Council. Dan Schultz was offered and accepted the position. An accepted psychological profile was done by PDI. Congratulations to Parks&Recreation Director Schultz. MOTION by Edwards to approve the hiring of Dan Schultz as Parks and Recreation Director. Second by Cisewski. Ayes: Busho, Carroll,Edwards, Cisewski.Nays:None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1999 Consent Agenda MOTION by Edwards to approve the Consent Agenda with the addition of Item 6.u.No Parking on Diamond Path. Second by Cisewski. Ayes: Four. Nays: None. Motion carried. a. Minutes of June 14, 1999 Regular City Council Meeting b. Minutes of June 9, 1999 Committee of the Whole Work Session c. Approval of Bills Listing d. Budget Amendments e. Temporary 3.2% Malt Liquor Licenses and Temporary Intoxicating Liquor Licenses � f. NSP Easement g. Approve Subdivision Agreement for Rosemount Commons Addition, City Project 300 h. Payment#6, Bloomfield Addition Street & Utility Improvements, City Project 292 i. Payment#2, Wensmann 12th Addition Street& Utility Improvements, City Project 287 j. Payment#2, Shannon Pond South Street& Utility Improvements, City Project 288 k. Payment #5, Final, & Change Order for Geronime Pond 2nd Addition Street & Utility Improvement, City Project 293 1. Approve Plans & Spec's/Order Ad for Bid for Bloomfield 2nd Addition Street & Utility Improvements, City Project 299 m. Award Contract for Rosemount Commons Street&Utility Improvements, City Project 300 n. Receive Plans & Spec's/Order Ad for Bid for Biscayne Pointe 2nd Addition Street & Utility Improvement, City Project 309 o. Receive Plans & Spec's/Order Ad for Bid for Oakridge Estates Street & Utility Improvements, City Project 310 p. Receive Petition/Order Feasibility Report for Hollenback Nelson Storm Drain Improvements, City Project 305 q. Approve Cooperative Agreement for Conley Avenue r. Order Public Hearing for Biscayne Avenue Watermain, City Project 312 s. Biscayne Pointe Second Addition Final Plat t. No Parking on CR 46 u. No Parking on Diamond Path . Rezoning Re�uest at 2925 145th Street West, Polfus Site Community Development Director Rogness presented the request to rezone the property at 2925 145th Street West by owner David Finnegan from C-2 to C-4. This would enable Finnegan to move an automotive business there. The public heazing was held at the Planning Commission Meeting on June 8, 1999 at which time the Commission recommended denial of the rezoning. The majority of Commissioners felt that land south of CSAH 42 was the preferred area for this type of use. Polfus' John Deere dealership is using the building presently. Council agreed with the Planning Commission to keep automotive business away from the core of downtown and encourage automotive businesses to look at the CSAH 42 business area which is zoned C-4 presently. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1999 MOTION by Edwards to adopt a resolution for denial of a rezoning requested by Mr. David Finnegan based upon findings of fact. Second by Cisewski. Discussion ensued. Some in the audience asked to comment. Mayor Busho, Councilmembers Edwards and Cisewski gave consensus that this was not an appropriate time for additional comments since the public hearing had already been held. Councilmember Carroll noted he would like to hear the audience comments. MOTION to call the question by Councilmember Edwards. Second by Busho. Ayes: Cisewski, Busho, Edwards. Nays: Carroll. Moved to previous motion. Ayes: Edwards, Cisewski, Busho. Nays: None. Present: Carroll. Motion carried. Mayor Busho called for a five minute recess at 8:10 p.m. The meeting was resumed at 8:15 p.m. PUBLIC HEARING: Birger Pond Outlet Improvements, City Pro,�ect 262 Mayor Busho described the public hearing process. The affidavits of notice and publication were on file with the City Clerk's office. Public Works Director Osmundson opened the public hearing by reviewing the City project to lower the water level of Birger Pond about 9 feet. This will require a permanent lift station to move the water to the south end of Rosemount down Diamond Path to CSAH 42 then southeasterly to Shannon Pond. The total cost is about $1.5 million to be shared with the City of Apple Valley. Pat Lynch with the Department of Natural Resources was present to assist with questions as well as Bret Weiss from WSB Consulting Engineers. The water level would be taken from 901 feet to 892 feet. Residents around the lake complained that the level hadn't been maintained earlier and that 892 feet level was too low. The majority were in favor of the project but had concerns about what kind of iness might be left behind on the shore line to clean up. Osmundson said the City would assist with dead tree clean up as much as possible. Lynch noted that natural prairie grasses will seed themselves on the shore line. , Pam Carlson, 4483 Upper 135th Street West, told of buckets, tires, animal syringes, and gazb age that has continued to float up to her property. She asked if the sewer had been capped on the old farmstead. Staff did not think it was, nor that it was necessary. The well had been capped. Carlso n also asked for compensation of property easement for the shoreline. Bill Schultz, 4363 Upper 135th Street West was in favor of the project, but would like the low level higher than 892 feet. Osmundson said they can re-evaluate that after a time. Cliff Carlson, 13540 Diamond Path, Apple Valley, requested a neighborhood meeting. The water level is up 9 'h feet since he has lived there. The loss of large trees has been tremendous. Councilmember Edwards believed a neighborhood meeting would help work through some pubic issues. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1999 MOTION by Busho to close the public hearing for Birger Pond Outlet Improvements, City + Project 262. Second by Edwards. Ayes: Busho, Carroll, Edwards, Cisewski. Nays: None. � Motion carried. MOTION by Edwards to adopt A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PLANS AND SPECIFICATIONS FOR THE BIRGER POND OUTLET IMPROVEMENTS, CITY PROJECT 262. Second by Busho. Ayes: Carroll, Edwards, Cisewski, Busho. Nays: None. Motion carried. Staff was directed to organize a neighborhood meeting to work out issues and report back to the City Council. City Attorney LeFevere noted that trial law has shown that cities are not liable for water level changes even when development has occurred near by. Request Variance for Working Hours for CSAH 42. McNamara Phase 2 Improvements. Citv Project 304 Public Works Director Osmundson presented a request from Ryan Contracting, Inc. to work during the night to complete City Project 304. Dakota County restricts work time from 9:00 a.m. to 3:00 p.m. because of peak traffic times. If nights were worked also, it would only require about ten days to complete, but four to six weeks will be needed with the restricted times. An alternate route will be used when necessary via 151st Street West. Curb and gutter with storm water drainage systems will be completed on CR 42 from Shannon Pazkway to Chippendale Avenue. MOTION by Busho to deny approval to allow a change in working hours from 8:00 p.m. to 6:00 a.m. for the McNamara Addition Phase 2 Improvements, City Project 304. Second by Cisewski. Ayes: Edwards, Cisewski, Busho, Carroll. Nays: None. Motion carried. Select AUAR Consultant for Kelley Trust Community Development Director Rogness presented three proposals for completing the Alternative Urban Areawide Review(AUAR)process for the 530 acre Kelley Trust properry. The cost of this environmental review process will be totally paid by the developer. Council selected . Bonestroo, Rosene, Anderlik& Associates because of their qualifications, past experience with the City, and lower cost. The other two proposals were from Barton-Ashman and SRF Group. MOTION by Cisewski to approve the selection of Bonestroo, Rosene, Anderlik & Associates to complete a Alternative Urban Areawide Review (AUAR) for the 530-acre Kelley Trust Property at a cost not to exceed $62,250.00 Second by Carroll. Ayes: Cisewski, Busho, Carroll, Edwards. Nays: None. Motion carried. Councilmember Appointment Process City Administrator Burt reviewed the process used in 1996 to appoint a councilmember. An application was prepared which was similar to the commission/committee application. About three 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1999 residents had expressed an interest in the position. Mayor Busho expressed a desire for a smooth transition and appointing someone who would be well aware of issues and projects now in process. Edwards also noted that someone with experience in the city process would be beneficial. Cisewski was cautious that a qualified resident may be overlooked if the interview process was not followed. Carroll strongly urged Council to advertise, take applications, and interview applicants. MOTION by Edwards to appoint a person to City Council this evening. Second by Cisewski. Discussion ensued. MOTION by Edwards to call the question. Second by Cisewski. Ayes: Edwards, Cisewski, Busho. Nays: Carroll. Moved to previous motion. The motion on the floor was polled. Ayes: Busho, Edwards, Cisewski. Nays: Carroll. Motion carried. Mayor Busho called for a five minute recess. The meeting was reconvened at 9:50 p.m. Discussion ensued with the recommendation that Planning Commissioner Sheila Klassen be appointed to the Councilmember position. Klassen was a previous City Councilmember, she has worked hard in support of the City, and has added to the support of the youth programs in Rosemount. She developed the grant requests and other funding resources for the Family Resourc e Center and the application and awarding of the "Community of Promise." Carroll noted that he would vote "present" due to the lack of an open process for selection. Carroll noted that HIassen is indeed a qualified applicant. MOTION by Edwards to appoint Sheila Klassen as City Councilmember beginning July 20, 1999, at the next regularly scheduled meeting. Second by Busho. Ayes: Edwards, Cisewski, Busho. Nays: None. Present: Carroll. Motion carried. City Administrator Burt noted that the selection process for the vacant Planning Commissioner position would be discussed at the Committee of the Whole work session. Announcements Next week the following meetings will occur: July 12, Utilities Commission; July 13, Planning Commission; July 14, Committee of the Whole; and July 15, Waste Water Treatment Plant Informational Meeting.. Councilmember Carroll announced that he would be resigning from City Council effective July 14, 1999. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1999 ! Mayor Busho adjourned the meeting at 10:05 p.m. Respectfully submitted, Linda Jentink,Recording Secretary Susan M. Walsh, City Clerk The City Council Agenda Packet is Clerk's File 1999-23. 6