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HomeMy WebLinkAbout4.a. Minutes of May 16, 1995 Regular City Council Meeting -• ROSEMOUNT CITY PROCEEDINGS � REGULAR MEETING MAY 16, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Couneil was duly held on Tuesday, May 16, 1995 beginning at 7:37 p.m. in the Council Chambers at Ciry Hall, 2875 145th Street West. _ Mayor McMenomy called the meeting to order with Councilmembers Wippermann, Staats Busho, and Anderson present. Also present were City Attorney LeFevere, City , Administrator Burt, Parks and Recreation/Community Center Director Topitzhofer, Public Works Director Osmundson, Senior Planner Mack, and Police Chief Knutsen. , Mayor McMenomy led. the group in the Pledge of Allegia.nce. Agenda Item 8.c. was added under Old Business by Public Works Director Osmundson, Award Contract for Wachter 186A Outlet Improvements, City Project 257. City Administrator Burt reviewed a request by residents for a four-way stop at the corner of 153rd Street and Darjeeling Path. The Police Department did a speed survey showing an , average of 28 mph. There were no residents present to speak on the topic; discussion was deferred to the end of the meeting. MOTION by Wippermann to approve the Consent Agenda with a name conection to the May 2, 1995 City Council minutes on page two. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staaxs, Busho. Nays: None. City Administrator Burt explained the benefits of a construction manager for the proposed fire sta.tion. This aften reduces the number of change orders, helps keep the project on time, and reduces costs. There will be no cost to the City for the construction manager unless the referendum endorsing the fire sta.tion is approved. MOTION by McMenomy to authorize the Mayor and City Administrator to enter into an agreement with AMCON CM for Construction Management and inspection services of the pmposed Fire Station. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Port Authority Commissioner Jeff Moser has presented his formal resignation due to conflicts with his employment. City Administrator Burt recommended advertising to fill the position which runs to 1998. MOTION by Wippermann to accept the resignation of Jeff Moser from the Port Authority Commission. Second by Anderson. Ayes: McMenomy, Sta.ats, Busho, Anderson, Wippermann. Nays: None. MOTION by Wippermann to direct staff to advertise for the Port Authority position and appoint a new member as soon as possible with a term to run to 1998. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Public Works Director Osmundson reviewed City Project 257, Wachter 186A Outlet Improvements. Easements were just obtained toda.y from the primary land owner. The total cost will be approximately $110,000. Council discussed possible assessments. Osmundson ROSEMOUNT CITY PROCEEDINGS,. ' REGULAR MEETIl�tG � MAY 16,1995 noted that funds have been obtained from the Storm Water Utility Fund. City Attorney I.eFevere noted that proof of benefit would have to be proven and a public hearing held to assess property owners. : MOTION by Wippermann to receive bids and award the contra.ct for Wachter 186A Drainage Outlot Improvements, City Project 257. Second by Staa:ts. Ayes: Busho, Wippermann, Staats. Nays: Anderson, McMenomy. Mayor E.B. McMenomy opened the Public Hearing for the Off-Sale Liquor License Application for Rosemount Liquors, Inc. at 1:5070 Chippendale Avenue. The recording secretary noted that the affidavits of posted and mailed notice were on file. City Administrator Burt said that staff had researched the background of the applicant, Mr. Rishi Mohabir and found no reason to deny the liquor license. Mr. Mohabir was in the audience to answer any questions. Council questioned the Police Chief and City Attorney about what activities would be grounds not to grant a liquor license. MOTION by Wippermann to close the Public Hearing for Rosemount Liquors Inc.. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. : MOTION by Wippermann to approve issuance of an Off-Sale Liquor License to Rosemount � Liquors, Inc. effective through December 31, 1995 subject to the City Clerk receiving a Certificate of Insurance for liquor liability insurance. Second by Busho. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Mayor McMenomy opened the Public Hearing for Diamond Path Trunk Watermain Improvements, City Project 267. The affidavits of posted and mailed notice were on file. Public Works Director Osmundson reviewed City Project 267 and noted that it complied with the 1988 Comprehensive Potable Water System Plan for the City of Rosemount which recommended that this line be installed due to water supply concerns in the southwest corner of Section 30. Approximately 1,500 feet of twelve inch waterrnain from 152nd Street and Diamond Path to the intersection of Delft and Dodd Boulevard. This will insure that in case of a home fire the Fire Department would have enough water flow and residents would be able to continue normal usage. MOTION by McMenomy to close the Public Hearing for the Diamond Path Trunk Watermain, City Project 267. Second by Anderson. Ayes: McMenomy, Staa.ts, Busho, Anderson, Wippermann. Nays: None. � MOTION by Anderson to ADOPT A RESOLUTION FOR THE APPROVAL OF THE PROJECT AND ORDERING THE PREPARATION OF PLANS ANU SPECIFICATIONS FOR: DIAMOND PATH TRUNK WATEF►MAIN, CITY PROJECT 267. Second by Wippermann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. 2 _ ,... _ ��=� _ ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 1995 Mayor McMenomy opened the Public Hearing for the Rechtzigel Agricultural Lot Division. The affidavits of posted and mailed notice were on file. Senior Planner Mack reviewed the Rechtzigel Agricultural Lot Division request for 90 acres on the southwest corner of CSAH 42 and TH 52. The Planning Commission recommended - denial of the request based on denied variances necessary to support the lot division. Mr. and Mrs. Rechtzigel indicated that they would appeal the decision from the Board of Appeals and Adjustments to Gity Council on June 6th, 1995. Therefore staff is recommending a continuance on the lot division until Council hears the varience appeal. MOTION by McMenomy to continue the Public Hearing for the Rechtizigel Agricultural Lot Division until June 6, 1995. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Police Chief Knutsen reviewed the Cops Fast grant program promoted by President Clinton. It allows Rosemount to receive $75,000 over a three year period which can allow an additional officer to cover juvenile school liaison (D.A.R.E.) position and an investigator position. Additional funds will be sought from Independent School District 196. Todd Winters, currently Rosemount's Communiry Service Officer, is recommended for the full time police officer position. MOTION by McMenomy to accept the Cops Fast Grant, to promote Todd Winters as a police officer subject to a successful physical and psychological examination, and to fill the vacant community service off'icer position. Second by Wippermann. Ayes: Anderson, Wippermann, McMenomy, Staats. Nays: None. Present: Busho. The proposed Capital Improvement Program for Dakota County was given to sta.ff to review. Public Works Director/City Engineer Osmundson noted the main projects in Rosemount are County Road 73 to be reconstructed from Cliff Road in Inver Grove Heights to County Road 42 in 1997; County Road 38 from Highway 3 to Akron Avenue in 1998; and 160th Street from Apple Valley to Highway 3. City Council suggested that a library be requested and staff recommended the improvement of the intersection of County Road 42 and Highway 52. MOTION by McMenomy to authorize staff to send a letter to Dakota County sta.ting the City's position on the Dakota. County Capital Improvement Program with the addition of a library and improvements to the intersection of County Road 42 and Highway 52. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. City Administrator Burt requested City Council to change their first regular July meeting due to the July 4th holiday. MOTION by Wippermann to reschedule the first regular City Council meeting to July 5, 1995. Second by McMenomy. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. 3 ROSF�VIOUNT CITY PROCEEDINGS - REGULAR MEETING � MAY 16, 1995 City Administrator Burt received a petition from neighbors for a four-way stop at the corner of 153rd Street and Darjeeling Path. The Police Department did a speed survey showing an average of 28 mph. In December of 1993 city staff completed an investigation of this area. In order to be consistent and place signs where needed staff would like to follow the warrants as set out in the "Minnesota Manual on Uniform Traffic Control Devices". Studies have shown that when there are too many signs they are often ignored and when added stops are made drivers speed up to make up the lost time. To avoid this situation staff would like to conduct another investigation. MOTION by McMenomy to install a stop sign. Due to lack of a second the motion was dropped. Discussion followed. MOTION by McMenomy to receive the petition and direct staff to conduct a traffic study to deterrnine warrants for traffic control. Second by Wippermann. Ayes: Staata, Busho, Anderson, Wippermann, McMenomy: Nays: None. Mayor McMenomy requested pla.nning staff to work with the developer on cleaning up the northwest corner of Shannon Parkway and 160th Street. Councilmember Wippermann noted the invitation he had received for a joint meeting with Parks and Recreation Committee and Rosemount Partnership Program to be called by the City Council. All though the communication idea is good, the perception that City Council is conducting the meeting would not be valid. The City Attorney advised that the "Open Meeting Law" should be considered here. City Council decided not to take any action for a formal meeting to be called. Staff was directed to prepare a letter to the Parks and Recreation Committee that City Council decided that a park referendum is not appropriate because of the fmancial conditions at this time. MOTION by McMenomy to adjourn the meeting. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staaxs. Nays: None. The meeting was adjourned at 9:50 p.m. Respectfully submitted, Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1995-12. 4 ROS��v1�1 gEG��y16, 1995 City C�unc�was � ,,; gosemount bera at meeting °f th�the Coun�� Cham �. f a re�l g at']:3� P•m' �d notice theteo ��u�t to due c a l l � .Nlay l , 1 9 9 5 be g�n� erm�� S�t s o n'I'u e sda y t e s t. b e r s wl p p duly H�� 2 8�5 145th ��� to or d e r w i th Cou�rn y�Fevere, City blic i�yhofer, � City c��th meeting i e s e nt were Ci�Y p' irector TOp cMenomy p,lso p C e n t er D u t s e n• ,Mayor M resen • Commun�ty�d police Chief K� d A,n d e rsonp ks d g e creatio eT Ma c k, Busho� an tor Burt� genior p� Ad�s� tor Osmundson ce. V�Torks Du� � the Pledge of ��g�" Osmundson, the �°up S b public works D�25�• Mayor M��enomy led Y pld Busines y City Pr��ect un 6A putlet Improvements, er of stop conl �, enda:Item $.c.o a�a er 18 four-way at the an �d a Speed sutvey showing g residenCs for a Aw�d Cont�act f uest by ment discussion was review ed a recl ce DeP�t eak on�e topic; Administrator Burt Path. The pOli resent t� Sp City ee�g residents p 153rd Stieet and���ere were n� ection to the 28 mPh• ting• with a n�e corr �derson, average °f end of the m� �'yes' deferred t° the Consen 5 ona y �detson• to apProV e the pTION by w1PPe��m�'°tes on Page��5: None• M 1995 City Council tS� Busho. Na`1 ager for the propos�e� 1vlay 2� �� M�Nienomy� S� a constru��On r'°� the proJect on W ipperm ��the benefit�f°hange orders� hns�cti on mauager unless the ex for the City Ad�»r'�st�s �e redu�es te�o�o b to the City co fire s��on. �ere wi11 b roved• costs• the f�re sta.�on is aPP tor to enter �of h �d reduces d C�� p,dmi�s�` ices endorsing a or � d �Spection serv s�,axs, referen.dum e the M `1�agement an �� McMenOmy� 1vicMenomy to authoriz ��on wipperm Constru es: M�m�n w�th �CO 5�o a by wi���� Ay conf1i�ts agoposed F� S�tion. ation due to p Nays. None. �S formal�resign to fill the position Busho, Anderson. has ptt��o�end� adve�S�g ssioner leff Moser � �nistrator Bu port Authority C�°e t City Adm the Port Authority with 1us empl�y� M.oser fram �derson, w��h runs to 1998' t the resignation of leffs�ts� Busho� wipperm�'to a son. Ayes: M�Menomy, MOTION by S�ona by Ander ority position �d Commission. None• pOrt �'uth ond by ��ts. Nays' 1998• Sec WiPPe��� t staff to adv a erm t�n to None• erm�to du� ossible with Nays: b WiPP �, 1vlcMenOmy' pTIO r as aS Outlet N y soon M b� WiPPe� 186A ,.�e tot appo�t a new mem �derson, 25�� wachter staa.ts, Busho, Ciry Pioj�t land owner• AyeS� review� from the p�� entis. Osmundso� tor Osmundson �today •�works D�� nts were just °b��� discussed P°Ssible assessm Publi Easeme Co ents. • ately $110��' Improvem cost w�ll be �1�Prox� ROS�p�T noted �G PRO�E� that funds have �, jNGS,. LeFevere noted b�n °b ��ETING assess that proof af��from the � PrOperty �wners. enefit would hase�� water UtilitY Fund. 16� 199g �O�pN bY wi t° be Proven �d a Pub��1tY Attorney h��g held to D�nage putlot �e�� tO r�eive bids Wippe� �proveuients �d aR'ard the �, Staats- Nays: Anders ���ect 257. S�o �ontra,ct for �ya�h on Meno IId b taats. �r 186 A ayor E.B. Mc112enom - , Mc mY Y S Ayes: Busho : PPlication for Roserrio n�pened the Publi�He : secretarp noted �g for the that the �� Ljquors, Inc. at 1S Off-Sa1e davits of posted �d �� C��endale Aven ejquor License ��M�strator Burt said th ma.iled notice were o �'t1e recordi� abir and found ar s�had n f�e. g audience to ar�s�,er n� reason rese��h� the about what �Y questions, to deny t�e background liquor license. °f the applic act�vl�es would be grou d°uncil questioned the Mr• Mohabir w �r, �' �p Police C as in the MO not to bY StaatsN bY Wippe�� to �t a liquor license�ef and CitY Attorney Aye$: Anderso �lose the public He MOTl01v by Wi n� wjPPe��, Mc11Te�g for Roseulount Li uor Liquors, Inc. PPennann to Y, Staats, Busho. Na s jnc.. SecoIId effective throughaD rove issuan�e YS� None. Certifcate of Insu �ember °f� Off-Sale Wippe��, Mc.11�1enom or liquor liabili �1, 1995 subject to th lquor License to Ro ` Y, Staats, Busha Su�Ce. Seco e City Clerk Semount �ayor 11�1cMenomY o , Anderson, NaySnd bY Busho. Aye�eiving a proverrients, CitY Proje� 2 e .publi� Hearirig fo None. �bli� u'or 67� �'he af�davits o fDl�ond Path T� the jg88 Co S Du'ector psmU Posted ar�d �ailed� waterm� mprehensive po ndson reviewed notice R,ere recornmended th �ble C1ty Pro• on fi�e of Section at tlus 1�e � • water Systern pl Ject 267�d noted Diamond 30. APPro�atel �S�ed due to wat� for the City of Rosethat it corrip�� a,ith of path to the ' Y 1�500 feet of twelve .supp1Y �oncerris • mount wluch a horne fu.e �tersection of m the able the Fire D De�t and Dodd oh watertri�in frorn 152 uthwest co to conti�Ue no ePartment would ulevard. nd Street mer MO�pN b �� °sage. have enough R,ater f�o�Sd� �sure that ul cas wate Y Mc1�lenom esjdents would e ��, City Project 267 �lose the pub H be Anderson lic � Wipperrna� S�ond bY Anderso�g for the D• Nays: None lamond Path T M�TI01v b AYes: 11Tc11Teno �nk Ep�C1, Y Anderson to � my' S�ts, Busho, O 267.C�cATIOl�rs FOE�G T�1E p�EP I'UTIOIV FpR S�o R• D � pA ARATIO pF P��PROV� pF Nays: Noried by Wippe��� � N Ayes: Staats Busho� WATF'�tMAll�r � � Anderson, �,yi � CITy pRO�cT PPennarul, Mc1�lenomY 2 , ROSEMOUNT CITY PROCEEDINGS • REGULAR MEETING MAY 16, 1995 : Ma.yor McMenomy opened the Public Hearing for the Rechtzigel Agricultural I�,ot Division. The affidavits of posted and mailed notice were on file. Senior Planner Mack reviewed the Rechtzigel Agricultural Lot Division request for 90 acres on the southwest corner of CSAH 42 and TH 52. The Pla�ning Commission recommended denial of the request based on denied variances necessary to support the lot division. Mr. and Mrs. Rechtzigel indicated that they would appeal the decision from the Board of Appeals and Adjustments to City Gouncil on 7une 6th, 1995. Therefore staff is recommending a continuance on the lot division until Council hears the varience appeal. MOTION by McMenomy to continue the Public Hearing for the Rechtizigel Agricultural Lot Division until June 6, 1995. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Police Chief Knutsen reviewed the Cops Fast grant program promoted by President Clinton. It allows Rosemount to receive $75,000 over a three year period which can allow an additional officer to cover juvenile school liaison (D.A.R.E.) position and an investigator position. Additional funds will be sought from Independent School District 196. Todd Winters, currently Rosemount's Community 5ervice Officer, is recommended for the full time police officer position: MOTION by McMenomy to accept the Cops Fast Grant, to promote Todd Winters as a police of�cer subject to a successful physical and psychological examination, and to fill the vacant community service officer position. Second by Wippermann. Ayes: Anderson, Wippermann, McMenomy, Staats. Nays: None. Present: Busho. The proposed Capital Improvement Program for Dakota County was given to staff to review. Public Works Director/City Engineer Osmundson noted the main projects in Rosemount aze County Road '73 to be reconstructed from Cliff Road in Inver Grove Heights to County Road 42 in 1997; County Road 38 from Highway 3 to Akron Avenue in 1998; and 160th Street from Apple Valley to Highway 3. City Council suggested that a library be requested and staff recommended the improvement of the intersection of County Road 42 and Highway 52. MOTION by McMenomy to authorize staff to send a letter to Dakota County stating the City's position on the Dakota County Capital Improvement Program with the addition of a library and improvements to the intersection of County Road 42 and Fiighway 52. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. City Administrator Burt requested City Council to change their first regular July meeting due to the July 4th holiday. MOTION by Wippermann to reschedule the first regular City Council meeting to 7uly 5, 1995. Second b McMenom . A es: McMenomy, Staats, Busho, Anderson, Wippermann. Y Y Y Nays: None. 3 ROSEMOUNT CITY PROCEEDINGS �' REGULAR MEETING ' MAY 16, 1995 City Administrator Burt received a petition from neighbors for a four-way stop at the corner of 153rd Street and Darjeeling Path. The Police Department did a speed survey showing an average of 28 mph. In December of 1993 city staff completed an investigation of this area. In order to be consistent and place signs where needed staff would like to follow the warrants as set out in the "Minnesota Manual on Uniform Traff'ic Con�rol Devices". Studies have shown that when there:are too many signs they are often ignored and when added stops are made drivers speed up to make up the lost time. To avoid this situation sta.ff would like to conduct another investigation: , MOTION by McMenomy to install a stop sign. Due to la.ck of a second the motion was dropped. Discussion followed. MOTION by McMenomy to receive the petition and direct staff to conduct a traffic study to determine warra.nts for traffic control. 5econd by Wippermann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Mayor McMenomy requested planning staff to work with the developer on cleaning up the northwest corner of Shannon Parkway and 160th Street. G�Q�✓c J �f��� o-n-�� u- P� 2- CQ''�c.r+'' ' f��� Councilmember Wippermann ��*��„e;; *;=�-�,A I�al� YP!`Pt ,P f� a joint meeting with �G. i� Parks and Recreation Committee and Rosemount Partnershi Pro ram to be called b the �`�� P g Y City Council. All though the communication idea is good, the perception that City Council is conducting the meeting would not be valid. The City Attorney advised that the "Open Meeting Law" should be considered here. City Council decided not to take any action for a formal meeting to be called. Staff was directed to prepare a letter to the Parks and Recreation Committee that City Council decided that a park referendum is not appropriate because of the fmancial conditions at this time. MOTION by McMenomy to adjourn the meeting. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. The meeting was adjourned at 9:50 p.m. Respectfully submitted, Linda 7entink, Recording Secretary The City Council Agenda Packet is Clerk's File 1995-12. 4