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HomeMy WebLinkAbout4.a. Minutes of May 17, 1994 Regular Meeting • ROSEMOUNT CITY PROCEEDINGS + ����� REGULAR MEETING MAY 17, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesda.y, May 17, 1994 at 8:00 p.m. in the Council Chambers at City Iiall, 2875 145th Street West. The time change was due to Independent School District 196 School Board Elections. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Staats, Busho, and Wippermann present. Staff present included: City Attorney Miles, City Administra.tor Burt, and City Engineer Osmundson. ' Mayor McMenomy lead the group in the Pledge of Allegiance. Attorney Miles added the Olga Strese Lot Boundary Adjustment to the Agenda under New Business 6.d. City Engineer Osmundson requested that Consent Item 4.j. 145th Street Eminent Domain Proceedings be pulled for discussion to OId Business, 5.d. and the Item S.c. be removed from the Agenda. because the bids were rejected for City Project 251. Sheila. Klassen requested discussion on the approved minutes of April 19, 1994. Mayor McMenomy placed this under Department �Ieads Reports, Item 3. b. Mayor McMenomy proclauned that the week of May 15 through May 21 is National Public Works Week in the City of Rosemount. It is the 100th year anniversary of the National Public Works organization. City Engineer Osmundson gave an impressive overview of the amount of roads the city crews maintain, and the Mayor and Council acknowledged with appreciation to all the hard working Public Works personnel. Osmundson noted that the conversion to the metric system will begin next year so all speed limit signs will be changed over to show both metric and English miles per hour by 1996. Minnesota Department of Transportation will now start requiring all engineering plans to be submitted with both measurements. Osmundson commended the city crews for their high quality and hard working staff. Sheila Klassen, 12340 Canada. Court, had an objection to the approved minutes of April 19, 1994, regarding the U.S.P.C.I. issue of amending their permit to include incinera.tor ash disposal. Klassen noted that she realized the minutes are a summation of the meeting including all actions taken. Klassen took issue that her statement was not correctly represented, that the descriptive list of what kinds of ash included was not in the minutes, that Staxe Representaxive Dennis Ozment's comments against U.S.P.C.I were not included in the final minutes, and that the petition submitted by Harry Willcox was not recorded as received by the City Council. City Administratar Burt responded that much of this information is in the Clerk's File which is a permanent record which is available to the public upon request. Burt noted that petitions and names and addresses of those speaking will in the future be included in the minutes. Mayor McMenomy said he would only recommend changing paragraph two on page three which is the summary of Klassen's statement. Attorney Miles wanted the record to show that the revisions to the minutes of the April 19, 1994 City Council meeting would be furnished to any interested person. The April 19, 1994 minutes would not be re-published because the content will be published with the May 17, 1994, minutes. ROSEMOUNT CITY PROCEEDINGS ����� a REGULAR MEETING MAY 17, 1994 Klassen's statement is as follows: "As part of her testimony, Sheila Klassen, 12430 Cana.da Court, Rosemount, Minnesota, presented documents from the Minnesota Pollution Control Agency (MPCA), the Hennepin Energy Resource Corpora.tion (HERC), Barr Engineering, and U.S.P.C.I. to support her argument that the Municipal Solid Waste (MSR� ash from the HERC facility contains hazardous levels of lead and mercury, that the RFD ash can produce odors, and that she felt approval of U.S.P.C.I.'s request would drastically alter the original intent of their Rosemount facility. She also noted the city does fmancially benefit from U.S.P.C.I., but asked Council not to be distracted by the money issue when making its decision.° Klassen also noted that even though the "special" designation of the ash by the MPCA has not been changed the recent U.S. Supreme Court ruling on incinerator ash confirms that MSW ash can test as hazardous and therefore, must be handled as hazardous waste. City Administrator Burt said that after the Environment Pollution Control and the Minnesota Pollution Control Agency digest this new ruling it will be up to them to determine the levels which determine if a substance is hazardous or not. MOTION by McMenomy to correct the second para.graph on page three to reflect Sheila Klassen changes in regard to her request tonight on the U.S.P.C.I. permitting ash issue. Second by Anderson. Ayes: Wipperma.nn, McMenomy, Staa,ts, Busho, Anderson. Nays: None. MOTION by Wippermann to approve the Consent Agenda. with amendments to the May 3, 1994 minutes and pulling Item 4.j. 145th Street Eminent Domain Proceedings. Second by Staats. Ayes: McMenomy, Staa.ts, Busho, Anderson, Wippermann. Nays: None. City Engineer Osmundson said that the bids for City Project 251 had to be resent. It will be re-bid May 27th and be back for City Council approval on June 7, 1994. City Engineer Osmundson said that the bids for City Projects 242, West Ridge Sth Addition, and 248, Shannon Pond 3rd Addition, were opened on Friday, May 13, 1994. The low bidder was Hydrocon, Inc., from North Branch, Minnesota in the amount of$289,252. This was $115,000 lower than the engineers estimate. � MOTION by Wippermann to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACTS CONTINGENT UPON THE NECESSARY SECURITIES BEGIN OBTAINED FOR WEST RIDGE STH ADDITION AND SHANNON POND 3RD ADDITION STREET AND UTII.ITY IlVIPROVEMENTS, CITY PROJECT NUMBERS 242 AND 248. Second by Sta.ats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. City Engineer Osmundson said the bids were rejected on City Projects 253, O'Leary's Hills 7th Addition and 254, O'I.eary's Hills 8th Addition. Consideration to re-bid will be made in the near future. 2 s - ROSEMOUNT CITY PROCEEDINGS � REGULAR MEETING MAY 17, 1994 City Engineer Osmundson reported that the Item 4.j. 145th Street Eminent Domain was not needed because all signatures required were received at 6 p.m. tonight. All but one person is going to bury their utilities. The bid opening is scheduled for June 1, 1994. City Administrator Burt noted that because of the failed referendum to fmance a new fire staxion and an aerial truck in May, 1993, and the Fire Department's dedication to unprove fire service for Rosemount residents, the formation of a group called the Fire Service Task Force is being recommended. The Fire Department put together a "mission statement" for this group and recommends advertising for volunteers to serve on it. It is recommended to have about fifteen people with varied interests and view points on the task force. Firefighters are not encouraged to apply, but to be available as a resource. The same would be true for city staff. MOTION by McMenomy to adopt the Mission Statement for the Fire Service Task Force and advertise in the local newspapers May 18 through May 28 with a June lOth deadline for volunteers to apply and the appointment of the ta.sk force members by City Council on June 21, 1994. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. City Administraxor Burt reviewed the Request for Proposal for Legal Services. The contract with Fluegel, Moynihan and Miles, P.A. expired on 7anuary 1, 1994. It was extended for six months and is continuing on a month by month basis. It is recommended to have the . Request for Proposals submitted on June 17, 1994 and presented to Council on 7uly 5, 1994. MOTION by Anderson to approve the Request For Proposal for Legal Services and direct staff to submit the advertisement to the "Rosemount Town Pages" and the "Rosemount ThisWeek." Second by McMenomy. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. The City received a petition from Mr. Paul Vorwerk, owner of the property at 3005 Lower 147th Street, to vacate a portion of Lower 147th Street. City Engineer Osmundson nated that this is near the Tota1 Station on Hwy 3 which in January of 1970 cornpleted a vacation of the street next to Mr. Vorwerk's property. To vacate this property the City must hold a public hearing providing the opportunity for adjacent property owners to make comments. � M01'ION by McMenomy to adopt A RESOLUTION SETTING A PUBLIC HEARING VACATION FOR A PORTION OF LOWER 147TH STREET on June 7, 1994, at 8:00 p.m. Second by Wippermann. Ayes: Wippermann, McMenomy, 5taats, Busho, Anderson. Nays: None. City Attorney Mike Miles requested Council's approval of a boundary lot line relocation for the Olga Strese property. Streses are developing the 9.7 acre parcel on the northwest corner of Chippendale Avenue and 145th Street. This is not a subdivision; it will not create a new lot for residential use. 3 ROSEMOUNT CITY PROCEEDINGS . ����� REGULAR MEETING ' MAY 17, 1994 Councilmember Busho noted that it would be better if the Planning Commission ha.d an opportunity to review this request, but she realized the City is working with property owners in this case. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE OLGA STRESE COMMON BOUNDARY LOT LINE RELOCATION. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Councilmember Anderson noted she would be absent for the second meeting in 7une. Counciimember Busho noted that the League of Minnesota Cities Convention will be June 7 - June 10. Wippermann, Busho, and Anderson plan to attend. MOTION by Mclblenomy to adjourn. Second by Anderson. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. The meeting was adjourned at 8:58 p.m. Respectfully submitted, Linda. 7entink Recording Secretary ATTEST: Thomas D. Burt City Administrator The City Council Agenda. Packet is Clerk's File 1994-14. 4