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HomeMy WebLinkAbout4.b. Minutes of August 2, 1994 Regular Meeting • ROSEMOUNT CITY PROCEEDING5 . REGULAR MEETING AUGUST 2, 1994 'Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 2, 1994 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 Anderson, Wippermann, Staats, and Busho present. Also present were City Attomey LeFevere, City Administrator Burt, Public Works Director/City Engineer Osmundson, Community Development Director Wasmund, Parks and Recreation Director Topitzhofer, and Police Chief Knutsen. Mayor McMenomy lead the group in the Pledge of Allegiance. Changes to the Agenda included adding Item 3.b Upda.te on Greif Brothers and CMC Development; Item 11. Leprechaun Day Report; Items 4. a., b., and f. were pulled from the Consent Agenda for discussion at Item 8.d. Mr. Mooney from Greif Brothers requested time to speak and Mayor McMenomy noted that could take place with Item 3.b. City Administrator Burt reviewed the history of the no parking issue on Highway 3. ' It was stated that after a one year trail (ending August 17, 1994) of the no parking restrictions it could be reconsidered. Maureen Geraughty Bouchard, 3130 145th Street West, related how the restrictive parking effects the Rosemount businesses. Bouchard noted that Stillwater has paxking on both sides of their streets in a downtown setting. Rosemount businesses need the Fiighway 3 parking for convenience for their customers and activity dra.ws more customers. The City had decided not to improve the parking lot behind the Berg Dental building based on legal advise that it was private property and liability coverage was an issue. Also the City did not want to set a president for making impro�ements on private property. Bouchard presented the City Council with a packet of information received from the Minnesota Department of Transportation on the Highway 3 improvements last year. Also, a petition was received signed by business patrons requesting parking to be returned to �iighway 3. Ron Bray, a consultant engineer from OSM Engineering, has started collecting information on parking spaces, if businesses currently met city code on parking, and police accident frequency. Bray will incorporate this into a report for City Council by the August 16, 1994- regular meeting. City Attorney LeFevere was asked to review the City's actions for any legal violations. City Administrator Burt received a letter from CMC Fieartland Developers asking city staff to take a role on the relocating of the railroad spur dealing with SOO Line Ra:ilroad. 5taff has not yet proceeded with this asking Council's direction. The City has met with Greif Brothers management to explain what has taken place to this point. Greif presentecl concems having a residential area so close to industrial. Greif feels this restricts their possible expansion, children close by may cause safety issues, and this will certainly cause many noise complaints. Plant Manager Mooney urged City Council to reconsider rezoning the land to a residential use. ROSEMOUNT CITY PROCEEDINGS ' REGULAR MEETING ' AUGUST 2, 1994 Wayne Delfino, Vice President of CMC Heartland, Inc. explained that litigation on oth�r issues has been on going with the SOO Line Railroad and now the SOO Line wants to add the spur relocation to that litigation to precipitate a settlement on both issues. The strike by the SOO Line has cancelled their court date. CMC is determined to go ahead with the residential project, each month delay causes a reduction in Tax Increment Financing ' available. CMC staff has decided to go ahead and do the grading on the south section of land which is allowed since the City Council approved the Preliminary Plat, June 21, 1994. Delfmo added that CMC wants these homes to be marketable, and if additional buffering is required they are willing to negotiate. Three Greif Brothers employees or their unmediate family spoke regarding the fear of loosing jobs. Employees do feel threatened. The Mayor and Council noted that they certainly don't want any businesses to move away from Rosemount and will work for a solution whereby both parties can win. Mayor McMenomy called for a ten minute break at 9:32 p.m. The meeting was reconvened at 9:43 p.m. MOTION by McMenomy to approve the Consent Agenda amended by pulling the special meeting minutes 4.a. and 4.b. and Item 4.f. Legal Services from Lindquist & Vennum for McDonough Litigation for discussion under New Business. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. . Mayor McMenomy noted the procedure used for public hearings. The Mayor opened the Public Hearing for Biscayne Avenue Improvements, City Project 249. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Public Works Director/City Engineer Osmundson introduced the proposed Biscayne Avenue Improvements which would be from County Road 42 to approximately 500 feet north of the railroad tracks north of 145th Street. This includes storm drain, sanitary sewer, watermain and street construction. Dave Simon, SEH engineer, gave an overview of improvement location, size, and costs. It was noted that the project could be done in phases if needed. Larry Knutson, owner of Knutson Services, Inc. located on Biscayne Avenue voiced concern for the large assessment that seems imminent. Osmundson said assessment amounts are estimates until the fmal costs are in. Knutson would not be assessed for water or sewer since they have these services now. Knutson thought the street could bear more traffic, including the military maintenance facility even if it remains as is. Robert Seegan owns land south of Knutson Services, Inc. He noted that he has not built on the site yet and has paid for an assessment already. MOTION by McMenomy to close the public hearing for Biscayne Avenue Improvements, - City Project 249. Second by Staats. Ayes: l�IcMenomy, Staats, Busho, Anderson, 2 • ROSEMOUNT CITY PROCEEDINGS • REGULAR MEETING AUGUST 2, 1994 Wippermann. Nays: None. Mayor McMenomy noted the assessment amount for Biscayne Avenue Improvements did seem high. McMenomy directed staff to explore all funding opportunities. Mayor McMenomy opened the Public Hearing for the Schwarz Pond Outlet Improvements, City Project 259. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Public Warks Director/City Engineer Osmundson said City received a petition from I.S.D. 196 for this improvement due to an auditorium addition to the Rosemount �-Iigh School. Brian Bourassa, OSM Engineering, noted that flooding conditions have occurred at the high school. Bourassa presented the flow plan showing the water being pumped by construction of a lift station from Schwarz Pond to the Armory/Community Center pond then under - Highway 3, which was already placed during construction of the Armory, and on to Erickson Pond. Discussion ensued with Council and audience getting cl�cation from Bourassa. MOTION by Wippermann to close the Public Hearing for the Schwarz Pond Improvements, City Project 259. Second by Busho. Ayes: Anderson, Wipperrnann, McMenomy, Staats, Busho. Nays: None. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE PROJECT AND ORDERING PLANS AND SPECIFICATIONS FOR SCHWARZ POND STORM DRAIN OUTLET IIVIPROVEMENTS, CITY PROJECT 259. Second by Busho. Ayes: Anderson, Wippermann, McMenotny, Staats, Busho. Nays: None. City Administrator Burt reported the activities of the Rosemount Activity Programs (RAP). There are a variety of fourteen agencies, federal, state, county, city and independent, willing tv work together. The RAP program5 work with children and adults providing services needed by families, learning programs, and prevention for "at risk" communities. Parks and Recreation Director Topitzhofer prepared an application for a federal grant that would help pay for this 2S month proposed Rosemount Partnership Program. Topitzhofer submitted a change to the requested amount from $12,845 to $15,345. Sheila Klassen introduced Don Stiles, who lives in Rosemount Greens apartments, and is a very good student at Rosemount High School. Stiles has observed how conflicts at school often are carried home and continue at Rosemount Green. There is a problem with vandalism and theft. Youths are capable of doing positive activities if given the opportunity. MOTION by Busho to direct staff to continue to work on the RAF group building and concept plan. Second by Anderson. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by Busho to support the application for Demonstrated Partnership Program Grant and approve in-kind services for the Rosemount Partnership Program in the amount of $15,345 for the twenty-eight month project period. Second by Wippermann. Ayes: 3 ROSEMOUNT CITY PROCEEDINGS • REGULAR MEETING � AUGUST 2, 1994 McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Public Works Director/City Engineer Osmundson had contacted Northern States Power Company (NSP) and found that the burial and conversion of the overhead lines will cost $37,000 less than what was first estimated. NSP is at the stage of installation that if ' decorative lighting is going in the work order needs to be made for the underground wiring installation. State Aid will help pay for the corner lights, but an additional $49,300 will be needed. This amount would have to be included in the 1995 CIP Budget if Council wants decorative lighting on 145th Street where the reconstruction is now taking place. Decorative lighting had been left out of the project because no funding was available, staff believe with the cost change it could be added now. Color was discussed with green decided for the decorative poles and corner lite poles of black or brown. Councilmember Wippermann was on the Downtown Committee and he believes the decorative lighting would finish the project off right. MOTION by Wippermann to adopt A RESOLUTION FOR THE APPROVAL OF " DECORATIVE LIGHTING ON 145TH STREET FROM CHILI/CHIPPENDALE AVENUES TO CAMEO AVF.NUE AND ORDER NORTHERN 5TATES POWER COMPANY TO INSTALL THE DECORATIVE LIGHTING, CITY PROJECT 245. Second by McMenomy. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Public Works Director/City Engineer Osmundson recommended the hiring of Mark Fremder as the engineering technician. Fremder has worked at the City of Prior Lake and has excellent computer skills MOTION by McMenomy to authorize the hiring of Mark Fremder as Engineering Technician beginning on August 22, 1994 subject to the passing of the pre-employment physical and drivers license check. Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Community Development Director Wasmund presented a proposed land conveyance of park , land in return for the land being finished as a paved and curbed parking lot. The development of an office building northeast of the 145th Street West and Iiighway 3 intersection in the lot vacated by Repairs Inc. Dr. Kurt Walter-Hansan is developing the office building for his animal clinic and general office space for leasing. The Parks and Recreation, Utilities and Port Authority committees will be consulted after City Council's direction. A Public F-Iearing would be conducted on August 16, 1994: MOTION by Wippermann to indorse the conveyance of property to the Port Authority for the Dr. Kurt Walter-Hanson animal clinic and direct staff to work with the Utilities and Parks and Recreation Committees. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Renee Stevenson, 14600 Cameo A�enue, objected to length of time between public meetings and the publication date of the minutes of the speeial meetings for May 9, 1994, and July 8- 4 • ROSEMOUNT CITY PROCEEDINGS � REGULAR MEETING AUGUST 2, 1994 9, 1994. Stevenson noted that she had not be notified of the July 8-9, 1994 Goal Setting Session and she would expect to see more detail in the minutes. Renee Stevenson also objected to Item 4.f, payment of legal services for Mayor McMenomy. City Council has indemnified the Mayor and accepts the payment far legal services. ' MOTION by Mayor McMenomy to approve Items 4.a. Minutes of May 9, 1994 Special Joint CouncillUtilities Meeting; 4.b. Minutes of July 8-9, and 7uly 13, 1994 Special Meetings; and 4.f. Lega1 Services from Lindquist & Vennum for McDonough Litigation, as presented. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. . MOTION by McMenomy to adjourn the meeting. Second by Wippermann. The-meeting was adjourned at 11:02 p.m. Respectfully submitted, Linda Jentink Recording Secretary ATTEST: Thomas D. Burt City Administrator The City Council Agenda Packet is Clerk's File 1994-27. 5