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HomeMy WebLinkAbout4.b. Minutes of August 16, 1994 Regular Meeting �- " ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 16, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount Ciry Council was duly held on Tuesday, August 16, 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, Staats, and Busho present. Councilmember Wippermann was absent. Also present were City Attorney LeFevere, City Administrator Burt, Administrative Assistant Susan Walsh, Public Works Director/City Engineer Osmundson, Community Development Director Wasmund, and Police Chief Knutsen. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy noted other cities make a roll call of the City Councilmembers present for the record and asked the City Attorney if that might be required. Attorney LeFevere replied that it is not a requirement, but the approved minutes must show who is present. Consensus was not to change the routine of opening a meeting. Additions to the Agenda included adding Item 4. m. on the Consent Agenda for the Temporary Beer License for Rosemount American Legion for its Annual Booya, September 3 - 5, 1994; and Item 6.e. USPCI Trust Agreement Amendment. City Clerk Wa1sh noted a change on page one of the August 1, 1994 Special City Council minutes. This change in the second to the last sentence replaced the word doctorate with bachelor. MOTION by McMenomy to approve the Consent Agenda with a word change on page one " of the August 1, 1994 minutes and the addition of the Temporary Beer License for Rosemount American Legion. Second by Staats. Ayes: Anderson, McMenomy, Staats, Busho. Nays: None. Public Works Director Osmundson introduced the Highway 3 Downtown Parking Study, Tom O'Keefe from the Minnesota Department of Transportation (MNDO'I� and Ron Bra.y from OSM Engineering. Bray noted that the accident rate was one and one-half times the state wide average at the intersection of 145th Street West and Highway 3 before the striping was changed. The speed survey shows the average speed to be 30 - 32 miles per hour (mph) and showed that 85% of all traffic goes 35 -37 mph. OSM located over 1300 parking spaces in the downtown area with less than 50% being used at 4:00 p.m. on a Friday. It was stated that if the type of business in a building is office use, compared to retail, less parking is . required. O'Keefe noted that MNDOT recommended sta.ying with the three lane design. O'Keefe reported that a third of all accidents were left turning involved. Another danger is the many entrances onto Highway 3 which gives more opportunity for accidents. Councilrnember Staats noted that parking is limited each direction when there is a stop light. The normal parking restriction is sixty feet from the corner. Staats asked the City Attorney about city liability for the design of the turn lanes. Attorney LeFevere said it may be a consideration, but nof a deciding factor. Insurance covers the risk, if any. ROSEMOUNT CITY PROCEEDINGS � ,� REGULAR MEETING AUGUST 16, 1994 Public Works Director Osmundson sa,id it is a safer design with the center turn lane and he recommended leaving the striping the way it is. Attorney LeFevere advised he reviewed the documents for the Co-operative Agreement with MNDOT and could fmd nothing that showed that the City Council had acted illegally. I.eFevere stated that Council has authority to limit parking in the City. Councilmember Busho noted that the original parking ban was passed on May 4, 1993 with the motion made by past Councilmember Willcox and seconded by past Councilmember Klassen. Busho also noted that some cities experience highway "by-passes" if there is more traffic than can be safely moved through that ciry. O'Keefe noted that a by-pass is not scheduled for Rosemount. Busho also noted concerns of the Erickson Park Committee that the County designation for the state bike trail along Highway 3 could be lost if the stripping were changed. Maureen Bouchard, 3130 145th Street West, noted that for service oriented businesses like a dry cleaning business or flower shop, people want to park close, run in and out, and be done with their business. Also, older adults and very young children have difficulty walking distances. Convenience could make or break a business and in downtown Rosemount parking is very difficult. Duane Bergh, DDS, 14525 South Robert Trail, noted that a study can be made to say anything. Bergh recalled four accidents with one having personal injury. Bergh thought the best solution would be to remove some sidewalk to accommodate additional parking without having to change the center tum lane. Council consensus was to keep the center turn lane because of the safety factor for the majority of Rasemount residents. Further consideration by the renewed Downtown Scoping Committee and a long range plan will give City Council more direction. No motion was required to continue the street design as is. City Engineer/Public Works Director Osmundson reported on the progress of the Birger Pond clean up. Consultant Brian Bourassa from OSM Engineering, reviewed the Drai.nage Study for the area. The pond has no outlet and the water level has been rising steadily since the development to the east. Public Works has pumped the pond down one and one-half feet in order to cap off the well on the site and possibly clean up some of the out buildings that are now partly under water. This is a temporary solution because the level of the water will continue to rise. Osmundson asked the Council to consider a long range solution which would be providing an outlet toward the east. : Cliff Carlson and Marv Skinner live next to Birger Pond and say the water level has raised six feet since 1988. Skinner noted that if park development is going to take place, a long range plan should be in place before water levels are set and the fmancing should be determined. 2 , � ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING ' AUGUST 16, 1994 M01'ION by McMenomy to adopt A RESOLUTION RECEIVING T�iE BIRGER POND DRAINAGE STUDY AND ORDERING THE PREPARATION OF A FEASIBILITY REPORT FOR BIRGER POND STORMWATER OUTLET IlVIPROVEMENTS, CITY PROJECT 262. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. Mayor McMenomy called for a short break. The meeting was resumed at 9:00 p.m. City Administrator Burt reviewed the grievance filed by David Bechtold who was laid off due to a reorganization. City Attorney LeFevere provided his legal opinion on the seven objections raised by Mr. Bechtold's attomey regarding his lay-off from the City. The City council made the following motions after considering the city attorney's legal opinion and comments on each of the objections. MOTION by McMenomy that the City Council did not �iolate City Code Title Two, Chapter 2, Sections 4A and 4B which does not suggest that committees need to be consulted for personnel changes. Second by Anderson. Ayes: Staats, Busho, Anderson, McMenomy. Nays: None. MOTION by McMenomy that the City Council did not violate the state open rneeting law. Second by Staats. Ayes: Busho, Anderson, McMenomy, Staats. Nays: None. MOTION by McMenomy to stand behind the fact that David Bechtold was a depariment head under his employment at the City of Rosemount. Second by Busho. Ayes: Anderson, McMenomy, Staats, Busho. Nays: None. MOTION by McMenomy that David Bechtold's lay-off was a bona fide discontinuation of the position as a result of reorganization. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by McMenomy that Ciry Council did not violate any federal or state age discrimination laws. Second by Anderson. Ayes: Staats, Busho, Anderson, McMenomy. Nays: None. MOTION by McMenomy that the City Council actedl,lawfully in regards to the Personnel Policy, Section 1 which states the purpose of the poli�y. Second by Busho. Ayes: Busho, Anderson, McMenomy, Staats. Nays: None. , MOTION by McMenomy City Council did not violat;�e Section 4 of the City Personnel Policy. Second by Anderson. Ayes: Anderson, Ivlci�Vienomy,`Staats, Busho. Nays: None. MOTION by McMenomy that City Council did not �iolate Personnel Policy Section 21 which pertains to length of service. Second by Ande�rson. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. I 3 � �I ROSEMOUNT CITY PROCEEDINGS � , REGULAR MEETING AUGUST 16, 1994 MOTION b Busho that the Cit Coun il ' ' y y c dzd not ive the a ro riate two weeks notice but g PP P that the Ciry Council action would not be changed and tha.t the City gave adequate severance pay. Second by McMenomy. Ayes: Staats, Busho, Anderson, McMenomy. Nays: None. Attorney LeFevere noted that in fact the severance pay was very generous and the Ciry may want to pursue the recovery of some of that expense. MOTION by McMenomy to directed Attorney I.eFevere to prepare draft findings of fact, conclusions, and decision in accordance with the direction of the City Council to be provided at the next City Council meeting. Second by Busho. Ayes: Busho, Anderson, McMenomy, Staats. Nays: None. Public Works Directar Osmundson reviewed a resolution passed by the Dakota County Board of Commissioners which revoked the county road status for County Road 38 from Blaine Avenue to CSAH 42 within the Ciry of Rosemount. This will add 3.25 miles more of � blacktop for maintenance. MOTION by McMenomy to accept the agreement with Dakota. County for the turnback of County Road 38 from Blaine Avenue (CR 71) to CSAH 42 and authorize the necessary signatures. Second by Staats. Ayes: Anderson, McMenomy, Staats, Busho: Nays: None. Police Chief Knutsen reviewed the contract with Independent School District 196 for the D.A.R.E. program. This will allow eight hours per week for Officer Robideau at each of the two secondary schools during the school year 1994-1995. MOTION by Anderson to approve the D.A.R.E. and police liaison services agreement between the City of Rosemount and School District 196 whereas authorizing the Rosemount Police Department to provide D.A.R.E. instruction and police liaison services. Second by Busho. Ayes: McMenomy, Staa.ts, Busho, Anderson. Nays: None. Community Development Director Wasmund presented the request from Keith Witter, a partner in the Rosemount Mall, for a condemnation to enable required building code and fire code impmvements. It has been the past pra.ctice for City Council not to be become involved with two private businesses. MOTION by McMenomy to direct staff not to proceed with the requested condemnation for the Rosemount Mall easement acquisition. Second by Busho. Ayes: Staats, Busho, Anderson, McMenomy. Nays: None. City Administrator Burt presented a request from Dr. Haro, Superintendent of School District 196 to consider an appointment of one of its City Councilmembers to a task force for the selection of a new site for a fourth high schooL MOTION by McMenomy to appoint E. B. McMenomy to serve on the High School Site Selection Task Force with City Administraxor Burt as an alternate. Second by Anderson. Ayes: Busho, Anderson, McMenomy, Staa.ts. Nays: None. 4 • I�.OSEMOUNT CITY PROCEEDINGS � � REGULAR MEETING �, AUGUST 16, 1994 Cit Administrator Burt reviewed the request for a res�lolution amending the U.S.P.C.I. � Y Rosemount Community Trust Agreement. This will satisfy the Intemal Revenue Service s requirement for the trust to qualify as a 501(3)(c) cha�ita.ble organization. Councilmember Busho, who serves on the U.S.P.C.I. Trust Fund Boa�rd, felt a conflict of interest prevented �er from voting on the motion. MOTION by McMenomy to adopt A RESOLUTIOI�T AMENDING TIiE U.S.P.C.I., INC. CITY OF ROSEMOUNT TRUST AGREIIVIENT. li Second by Staats. Ayes: Anderson, McMenomy, Staats. Nays: None. Abstain: Busho.�, City Administrator Burt asked each Councilmember t� make an appointment with him for the next week to discuss the budget. �� Councilmember Anderson noted that the Dakota. Cou I�ty League of Government will meet at the Rosemount City Hall in October. Anderson req�sted all to consider preferred topics for discussion which she can request for that meeting. 'I Mayor McMenomy reported that the Koch Refining �iealth Assessment is proceeding well. ' MOTION by McMenomy to adjourn the meeting. S�econd by Anderson. The meeting was adjourned at 10:02 p.m. � Respectfuilly submitted, I� inl� Lmda Je�t Recordin� Secretary ATTEST: Ii Thomas D. Burt ` I�� City Administrator 'I The City Council Agenda Packet is Clerk's File 19.R14-28. 5