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Home My WebLink About4.a. Minutes of March 21, 1995 Regular City Council Meeting ROSEMOUNT CITY PROCEEDINGS , ' REGULAR MEETIl�TG � MARCH 21, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on 1�esday, March 21, 1995 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Busho, Staats and Wippermann present. Also present were City Attomey LeFevere, Administrative Assistant Walsh, Communiry Development Director Wasmund, Senior Planner Mack, Parks and Recreation Director Topitzhofer, Assistant Planner Pearson, Civil Engineer poug Litterer, and Fire Chief Aker. Engineering Consultant David Simons was also present. Mayor McMenomy led the group in the Pledge of Allegiance. Consent Agenda., Item 4.k., Rejecting Bids, Biscayne Avenue Street and Utilities Improvement, City Project 249 was pulled for discussion under the Department Heads Report. Councilmember Busho added Item 7.b. New Charitable Games Ordinance. Some additional information for clarif'ication was added to the Clerk's File; Attomey Cook for Richard Knutson Incorporated prepared a memo, state code book informatian, and affidavits for Item 4.k.; and charitable gambling information gathered by the City Clerk. Fire Chief Scott Aker presented the Fire Department Annual Report to the Ciry Council. Membership is down and another eight firefighters are scheduled to be added this year. The equipment is old but well maintenanced. The last vehicle to be replaced was replaced ten years ago. Fire and emergency calls are up by nearly 300% since 1982. Firefighters are required to respond to 30% of all calls which they have readily done. The Rosemount Volunteer Fire Department continues to educate their staff and have continued to be a highly motivated and dedicated group. MOTION by McMenomy to accept the Fire Department's Annual Report. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. Council commended the Fire Department and Chief Aker for their fine job protecting the City of Rosemount. Communiry Development Director Wasmund reported that there was an irregularity in the bids received for the Biscayne Avenue Street and Utilities Improvement, City Project 249. Richard Knutson Incorporated (RKI) is the apparent low bidder and Ryan Construction is the second low bidder. Attomey Tim Cook of Moore, Costello and Hart, representi.ng RKI noted that the City Council has the right to waive any irregularity at their discretion. The Addendum that was not addressed by RKI was recognized as a clarification clause that did not add quantity or cost to the project. The concern of staff was for any potential delay of the project since outside developers aze dependent on the utilities improvements for building as soon as possible. If litigation would follow a bond could be required for any damages from an injunction. If all bids were rejected now an additiona121 days for re-advertisement would be required. Wasmund recapped three options for Council: 1) reject all bids, re-advertise, May 2 contra.ct award; 2) ta.ble action; or 3) award the bid to RKI. Engineering Consultant Dave Sirnons of SEH Engineering said that the irregularity was minor and not material in nature. ROSEMOUNT CITY PROCEEDINGS ° REGULAR MEETING , MARCH 21, 1995 Mayor McMenomy called for a five minute break at 8:25 p.m. to allow legal council to complete a motion for Council action. The meeting was reconvened at 8:35 p.m. MOTION by Busho to award the contract for the Biscayne Avenue Improvements to Richard Knutson Incorporated, subject to the following contingencies: 1) The contract would not be executed until at least April 11, 1995. 2) The City receives an agreement, executed by appropriate officers of Richard Knutson Incorporated, authorizing the City unilaterally to rescind the contra.ct award if the City Council should decide, in its absolute and sole discretion, that there is rea.son to be concemed about delay of the project due to a bid protest. This agreement shall be in a form acceptable to the City Administrator and the City Attomey. 3) Receipt of State Aid approval, Pollution Control Agency and Health Department permits, a Chicago Northwestem Railroad permit, and acquisition of necessary ' easements or rights of entry. Additionally, staff is d,irected to prepare a resolution awarding the contract for consideration by the City Council at its next regular meeti.ng and is further directed to send notice to all bidders as soon as possible of the City's award of the contract and intent to execute a contract with Richard Knutson Incorporated. Second by Wippermann. Ayes: Staats, Busho, Wippermann. Nays: None. Abstain: McMenomy. MOTION by McMenomy to approve the Consent Agenda with the removal of 4.k. Second by Wippermann. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. Ma.yor McMenomy opened the Public Hearing for Rezoning of Dodd/Shannon/145th Street Undeveloped Land. The recording secretary noted that the �davits of posted and mailed notice were on file. Assistant Planner Pearson reviewed the rezoning of the land at Dodd/Shannon/145th Street which would bring it into conformance with the Comprehensive Guide Plan. This would lower the density of the housing in this area to si�c units per acre. The Planning Commission approved this rezoning. Sheila Klassen, 12430 Canada. Court, spoke in favor of the rezoning. Klassen is a member of the Rosemount Partnership Program which works with families and youth in this area to deter crime and create positive activiries for youth. Dick Carroll, one of the land owners, was not in favor of the rezoning. Carroll sta.ted that the rezoning would lower the value of the R-3 land rezoned and said that he was not contacted in a timely manner by city staff. Councilmember Wippermann noted that it is a goal of the City Council to bring land into conformance with the Comprehensive Guide Plan. Wippermann noted that the agriculturally zoned land, the larger portion of it, would have its land value increased becoming R-2. Also Senior Planner Mack said the Green Acres program would not be interrupted by the change in rezoning and could continue until future development happens. MOTION by McMenomy to close the Public Hearing for the Rezoning of Dodd/Shannon/145th Street Undeveloped Land. Second by Staats. Ayes: Busho, Wippermann, McMenomy, Staa.ts. Nays: None. 2 , ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 1995 MOTION by Wippermann to adopt ORDINANCE NO. 51 AN 4RDINANCE A�MENDING ORDINANCE B - CITY OF ROSEMOUNT ZONING ORDINANCE for the rezoning of vacant property located between Dodd Boulevazd, Shannon Parkway, and 145th Street from AG Agriculture and R - 3 Multiple Family Residential to R-2 Single Family Attached. Second by Busho. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. Community Development Director Wasmund reviewed the septic system concem at 2636- 2637 132nd Court. 5taff agreed to return the deposit money to Mr. La�cman Sundae and requested further soil borings for evaluation. I..aacman Sundae, 2636-2637 132nd Court, and his son, Alex, agreed to the soil testing if one of them is present. Laxman Sundae noted that interest accrued from his deposit would be $683 and requested that amount be retumed as well. ' Council consensus was to return the deposit to Laxman Sundae without interest and to direct staff to further test the septic system for public safety and report back to City Council. Administrative Assistant Walsh requested the hiring of a Part-time Secretary Aide for the Public Works Department/Utilities. Screening and interviews took place the week of March 13th. The position's hours would be 25 hours per week. The interview comrnittee recommends hiring Ms. 7ulie Kaufman-Boom. MOTION by Busho to authorize the hiring of Ms. Julie Kaufman-Boom as Part-time Secretary Aide in the Public Works/Utility Department. Second by McMenomy. Ayes: McMenomy, Staats, Busho, Wippermann. Nays: None. Assistant Planner Pearson presented the renewal of the Interim Use Permit for Splatball, Inc. for 1995 and 1996 for an outdoor recreational use. Staff finds Spaltball, Inc. in complia.nce and recommends expanding the permit to two years. The manager, Mr. Lathrop, is in agreement and it is understood that intermittent inspections may take place. MOTION by Busho to adopt A RESOLUTION APPROVING 7�E 1995 -1996 SPLATBALL INC. IN'I'ERIlVI USE PERNIIT WffiCH SET5 OUT THE CONDITIONS FOR OPERATION OF Z�E PAINTBALL RECREATIONAL USE IlY TSE AGRICULTiJRAL DISTRICT. Second by McMenomy. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. Councilmember Busho requested that a Gambling Ordinance be drafted for the City of Rosemount. Research showed that most surrounding cities have an ordinance in place. Busho recommended that the ordinance regulate the number of organizations allowed per business, insure the majority of funds would be spent in Rosemount, give priority to local organizations rather than out of town organizations, require reporting yearly to the city, and a two year permit fee of$100. 3 ROSEMOUNT CITY PROCEEDINGS .: " REGULAR MEETING ' MARCH 21, 1995 Attorney LeFevere noted that the gambling license is required by the State, but the city can set forth regulations which can be enacted immediately or phased in at an appropriate time. Staff was directed to draft an ordinance for council review. MOTION by Wippermann to adjourn the meeting. Second by Staats. Ayes: Busho, Wippermann, McMenomy, Staa.ts. Nays: None. The meeting was adjoumed at 10:50 p.m. Respectfully submitted, Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1995-8. 4