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HomeMy WebLinkAbout4.c. Minutes of July 19, 1994 Regular Meeting ROSEMOUNT CITY PROCEEDINGS :rt . " REGULAR MEETING JULY �9, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Couneil was duly held on Tuesday, 7uly 19, 1994 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayar McMenomy called the meeting to order with Councilmembers Anderson, Wippertnann, Staats, and Busho present. Also present were City Attomey Miles, City Administrator Burt, Public Works Director/City Engineer Osmundson, Community Development Director Wasmund, Assistant Planner Pearson, and Pa.rks and Recreation Director Topitzhofer. Mayor McMenomy lead the group in the Pledge of Allegiance. Changes to the Agenda. included adding Item 8.f. Appointment of I.egal Firm; 3.b. Closed Session regarding McDonough Litigation; Item 3.c 5et Special Meeting regarding Personnel Issue; Item 3.d. Greif Brothers Concerns for CMC Development. Item 4.i. Armory/Community Center Construction Pay Request #16 was pulled from the Consent Agenda for discussion under Item 8.g. Mayor McMenomy read a Proclamation for the 30th Anniversary of Navy Base BRAVO, the Nava1 Satellite Operations Center, declaring the week of July 25, 1994 to celebrate. Lieutenant Tony Oberto received the proclamation with great pleasure for all the men and women who have served at Detachment BRAVO. MOTION by McMenomy to retire for a Closed Session regarding the McDonough Litigation. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. The regular City Council meeting was resumed at 7:45 p.m. and called to order by Mayor McMenomy. Consideration was given for a date for a Special Council meeting regarding a personal issue. David Bechtold, former Parks and Recreation Director, has f�led a grievance agai.nst the City for his layoff. The first date available for all councilmembers was August 1, 1994 at 6:00 p.m. MOTION by McMenomy to set a special meeting to discuss a personnel issue on August 1, 1994, at 6:00 p.m. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Richard Stodard, who is employed at Greif Brothers spoke against the residential land development of property adjoining the industrial company. Stodard spoke of truck and train deliveries constantly made during day and night hours. Much of the machinery is'noisy with safery bells and homs when backing up. The doors are normally left open in the suwmer months which makes the noise travel even more. Greif Brothers now has 106 employees with plans to expand and a promise of more jobs and job security for those now employed there. Stodard asked City Council to consider very seriously the number of complaints that will come from placing residential so close to industrial. ROSEMOUNT CITY PROCEIDINGS ` , REGULAR MEETING JULY 19, 1994 Community Development Director Wasmund gave an update of the development plans with CMC Heartland, Inc. which includes relocation of the railroad spur behind Greif Bmthers. Mayor McMenomy thanked Mr. Stodard for his input and said that City Council will work with both CMC Heartland, Inc. and Greif Brothers for the betterment of the downtown area. Mark Mooney, Plant Manager of Greif Brothers, believes this development is a threat for Greif Brothers expansion plans. Mayor McMenomy noted the Council would work for compromise. MOTION by Wippennann to approve the Consent Agenda with the removal of Item (4.i.) Armory Community Center Construction Pay Request 16. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Mayar McMenomy noted the procedure used for public hearings. The Mayor openerl the Public Hearing for the Mineral Extracrion Permit for Solberg Aggregate. The recording ' secretary noted that the �davits of Published and Posted Notice were on file. Assistant Planner Pearson gave an overview for Solberg Aggregate who requested the � mineral extraction for moving 20,000 cubic yards of sand material for the 145th Street Reconstxuction project. The conditions will require restoration of the land with a security retainer and will be for one operating season contiguous with the 145th Street reconstruction. This land is zoned General Industrial which includes mining extraction permits. A letter was submitted by Ray Ostertag, 4230 145th Street East, stating he had no objections to the removal of aggregate material from the site. Ostertag complemented the new building and landscaping on the site. Loran Howard, Solberg Aggregate, spoke in favor of the mineral extraction permit. The Contractor for the City's 145th Street Project, B.H. Hazelton, would be using the aggregate on the 145th Street reconstruction and would haul about eleven truck loads a day for three to four weeks. Marlin Rechtzigel, 14727 Clayton Avenue East, spoke agai.nst the mining of the Solberg Aggregate site. Rechtzigel agreed the building and site look attractive, but the large crater formed by the aggregate extraction will be an eye sore for all those traveli.ng along Counry Road 42. In 1991 the City Council then said there would not be any mining allowed on tlus site, it would be mostly a vehicle storage and repair garage for Solberg Aggregate. Rechzigel has property for sale on three sides of Solberg. Some inquiries have been from a motel company and a campground. These companies would not like to be next to a gravel pit. The company excavated a small amount for the building site under temporary permit and was to restore that land and did not. Brian Engelbritson, of Hampton, spoke against the business practices of Solberg Aggregate. Engelbritson told how he had been refused a load and told to "get out of here", after spending over $1200 for his driveway. Engelbritson stated this is not the kind of company you want in Rosemount. 2 . � ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, ,1994 Myron Napper, 3381 145th Street East, spoke in favor of the Solberg Mineral Extraction Permit, Napper siad the highway department has plans for a service lane in the future which will change that corner regardless. Rolly Sack, 3155 145th Street East, said his house overlooks Solberg Aggregate. �Ie feels the building has increased the property value and is in favor of the Mineral Fxtraction Permit. Ray Rahn, Rich Valley Golf Club, 3855 145th Street Fast, noted that after this years . excavation with the land restored this will be an improvement. MOTION by McMenomy to close the Public Hearing for the Solberg Aggregate 1994 Mineral Extraction Pemut. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. City Council held discussion and reviewed several items including the elevation, the 1ow point being 876 feet, the mining hours which will be 7:00 a.m. to 8:00 p.m. and#hat there would not be any processing ar mixing on the Solberg site. MOTION by McMenomy to approve the 1994 Mineral.Extraction Permit as submitted by Solberg Aggregate Co. Inc. subject to a signed agreement stating the conditions for approval of the permit. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. The Mayor opened the Public Hearing for the CSAH 42 Tum Lanes, City Project 258. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Public Works Director/Ciry Engineer Osmundson reviewed the la.yout for the tum lanes for City Project 258. The turn lanes would be on CSAFI 42 and Chippendale Avenue and Canada A�enue. There will be "nv parking" signs placed on Canada Ave near 151st Street and four-way stop signs at 151st Street and Chippendale. The total cost is approximately $119,000. The City cost is about $65,800 and the remaining is Dakota. County's responsibility. These cost are not budgeted for and if it were put into the 1995 CIP Budget the delay would cause safety problerns in this growing area.. An Assessment Hearing would be called next spring with payments due most probably in 1996. The City Council can modify assessments or they can be appealed by the property owners. Bob Getchoff, GTI Theaxers, spoke against the assessment believing it would not add value to the property. The new theater will be paying taxes of about $SQ,000 a year which Getchoff felt should cover any road improvements. City Administrator Burt noted that the project is a State 429 Project which is a debt that' can only be issued to assessed projects. This means there would not be any money a�ailable if it is not assessed. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JITLY 19, 1994 MOTION by McMenomy to close the Public Hearing for CSAH 42 Tum Lanes, City Project 258. Second by Staaxs. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Councilmember Wippermann discussed the costs and that with the information that is obtained with the plans and specifications the fmancing can be examined more closely. Osmundson discussed the scheduling which should allow for the bid letting August 25, 1994. If a decision is made to delay the project, it could begin the process agai.n in January or February next year. MOTION by McMenomy to adopt A RESOLI.TTION TO APPROVE THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE PROJECT, CSAH 42 AND CA.'�TADA AVENUIE TURN I,ANES, CITY PROJECT 258. Second by Anderson. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy stated that there is a safery issue here and the turn lanes would encourage better and safer traffic flow. There is a question as to whether the properties are benefiting from City Project 258 and this will be discussed when more information is available. Public Works Director/City Engineer Osmundson reviewed the Biscayne Avenue Improvements, City Project 249. This includes Biscayne from CSAH 42 north to approximately 500 feet north of the railroad crossing. On the north end the National Guard plans a military vehicle repair facility and on the south end CMC Heartland, Inc. plans a residential development. This project can be done in phases. It will include street, water, sanitary sewer and storm drain improvements. Staff recommends setting the Public Hearing for August 2, 1994. MOTION by Wippermann to adopt A RESOLUI'ION RECENING FEASIBII.ITY REPORT/SETTING PUBLIC HEA►R.ING, BISCAYNE A`7:NUE IlVIPRO � TS, CITY PROJECT 249. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Public Works Director/City Engineer Osmundson reviewed Independent School District 196 request for a storm water outlet for Schwaiz Pond due to an addition to the Rosemount High School and previous problems experienced at the High School. Brian Bourassa, OSM Engineering, demonstrated how the flow of the water outlet would go through three ponds; Schwaiz, Armory site, and Erickson Park pond. There is already a pipe under Highway 3 designated for this purpose. Easements will be required from the High School and property east of TH 3. MOTION by Busho to adopt A RESOLUTION RECEIVING THE FEASIBII.ITY REPORT/SET PUBLIC HEAR.Il�TG FOR SCHWARZ POND STORM DRAIN OUTLET IlVIPROVEMENTS, CITY PROJECT 259. Second by Staa:ts. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. 4 � ROSF��IOUNT CITY PROCEEDINGS ' REGULAR MEETING .NLY 19, 1�4 Councilmember Wippermann noted that there is no outlet for Erickson Pond now. Engineer Bourassa felt there is a good comfort level that Erickson Pond will handle any 100 year storm rainfall, but that it would be wise to plan in the future for an outlet for Erickson Pond. Community Development Director Wasmund noted that at the Goal Setting Session July 8-9, 1994 the City Council made the downtown development the number one priority. It is planned to reconvene the Downtown Scoping Committee by inviting the past members and advertising in the local papers for additional interested persons. This committee will review marketing plans, explore financing available, find a theme or market "niche", and then develop the frame work to move ahead. MOTION by Wippermann to begin the formalization of a downtown`development plan through review of a task force with the council and all commissions by the scoping committee and exploration of financing altematives. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Public Works Director/City Engineer Osmundson had been made aware by Dakota County of a tax forfeiture property on the southwest corner of Shannoc� Parkway and McAndrews Road. The neighboring lots have had overflow of the their small ponds. Osmundson proposed demolition of the existing buildings, expanding the ponding area, and then reselling the lot as single family housing. MOTION by Wippermann to direct staff to acquire the property described as Section 18 TWN 115 RANGE 19 N 521.8 FT of W 208.7 FT of E 1/2 of SE 1/4, PIN 34-01810-010- 81, through tax forfeiture. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Public Works Director/City Engineer Osmundson lead a discussion on Birger Fond. Birger Pond is a DNR protected water body located immediately north of 135th Street and east of Diamond Path. A portion of the pond is within the City of Apple Valley with the majority of it being within the City of Rosernount. The property to the north is owned by the Kelly Trust and the City of Rosemount owns 12 acres on the south. There is no outlet for the storm water drainage much of which comes from the ea.sterly residential developments. Residents around the pond have voiced a concem about possible contamination of a well that has been covered with the rising water. The water elevation today is 898 feet. Staff plans to pump down the water, cap the well, remove as much debris as possible, and consider installation of an outlet to maintain safe water level. Marvin Skinner, 4455 Upper 135th Street, said he has canoed around the pond. There has been loss of trees around the pond. Skinner is concemed that his own well may become contaminated if there is leakage from the well in the pond. Cliff Carlson, 13540 Diamond Path, has lived on the south side of Birger Pond since 1956. Carlson stated that in the last two years the water is up six feet. The abandoned house has water up two feet in the livingroom. The barnyazd has rnanure piles underwater which could add to the pollution. 5 ROSIIVIOUNT CITY PROCEEDINGS " , REGULAR MEETING JITLY 19, 1994 Osmundson noted that a right-of-entry has to be obtained from the Kelly Trust and staff should be able to proceed in two weeks. Public Works Director/City Engineer Osmundson presented a Dakota County Capital Improvement Program (CIP) for 1994 - 1998. At this time the county allows cities input to the projects that may affect them including highway, bikeway, parks, and building unprovements. MOTION by Wippermann to authorize staff to send a letter to Dakota County stating the City of Rosemount's position on the improvements listed in the memo of 7uly 14, 1994 by Public Works Director/City Engineer Osmundson. Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staaxs. Nays: None. Commuzuty Dev�lopment Direc:or �Nasmund presented a draft of a graffiti ardir�ance after researching other communities. Rosemount is a pioneer in this issue, noting that only St. Paul, Minnea.polis, and Rochester have a graffiti ordinance in place and they have found them not to be very effective. Area cities have indicated their interest in reviewing our ordinance upon its completion. Further examination will be done. Mayor McMenomy stepped down for the next item on the agenda. Acting Mayor Wippermann conducted the meeting. City Attorney Mike Miles introduced an assessment appeal, of which E.B. McMenomy, Louis Geronomie, and Thomas Geronomie are a party of, for City Project 191, Chigpendale Avenue Improvements. Attorney McCann represented the parties for the assessment appeal of City Project 191. McCann noted that there was an issue of compensation of easement yet unresolved. McCann said this was an inverse condemnation im which no appraisal was done. MOTION by 'Wippermann to go to a closed session regarding the Assessment Appeal for City Project 191, Chippendale Avenue. Second by Busha Ayes: Anderson, Wippermann, Staats, Busho. Nays: None. The meeting was reconvened at 11:3Q p.m. by Acting Mayor Wippermann. Mayor McMenomy took his seat and continued with the next item. City Administrator Burt reported that after careful consideration and interviews with five legal fums the City Council and City staff recommend Holmes & Graven to represent the City af Rosemount for Municipal Legal Services including the Port Authority meetings and for special projects. Burt has met with Attomey Charles LeFevere, of Holmes & Gra.ven, Chartered, and discussed basic legal services. These legal services will begin August 1, 1994. 6 � ROSEMOUNT CITY PROCEEDINGS ` REGULAR MEETING JULY 19, 1994 MOTION by Busho to approve the legal firm of Holmes & Graven Chartered, 470 Pillsbury Center, Minneapolis, Minnesota for the Municipal Lega1 Services for the City of Rosemount. Second by McMenomy. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Councilmember Wippermann had questions on the Community Center construction payment. Wippermann wanted to insure that any building problems were to be fixed and that a retainer was being held. Parks and Recreation Director Topitzhofer understood his concern and said they are working with PCL Construction. There are Cha.nge Orders valued at �46,000 that are not approved, $26,000 is rejected and will not have to be paid. There are six more scheduled payments left and we are responsible to continue on that payment plan. Staff recommends approval of the pay request. MOTION by Wippermann to approve payment to PCL Construction Service Inc. in the amount of$112,665.95 to be paid out of accounts 426-48000-01-521 ($74,359.52), and account 427-48000-01-521 ($38,306.43). Second by Anderson. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Wippermann: The meeting was adjourned at 11:50p.m. Respectfully submitted, Linda Jentink Recording Secretary ATTFST: Thomas D. Burt City Administrator The City Council Agenda Packet is Clerk's File 1994-23. 7