HomeMy WebLinkAbout32666 - FEBRUARY - NOVEMBER 1994ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 1, 1994
Pursuant to due call and notice thereof a regular meeting of the
Rosemount City Council was duly held on Tuesday, February 1,
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, Busho, Wippermann and Staats present. Staff present
included: City Attorney Miles, Interim Administrator Wasmund,
Administrative Assistant Walsh, Finance Director May, Assistant
Planner Pearson, Parks Recreation Director Bechtold, City
Engineer Bud Osmundson, Economic Development Coordinator Miller,
Community Center Manager Topitzhofer, Fire Chief Aker, and Police
Chief Knutsen.
Mayor McMenomy lead the group in the Pledge of Allegiance.
Additions to the Agenda were as follows: Item 3.b, MVTA A
Transportation in the Community Workshop; Item 6. g. Discussion
of Shamrock Square; Item 8. Community Center Construction Budget
Update; also noted was a petition to be presented with the Senior
Housing issue, Item 5.c.
Bud Osmundson, City Engineer /Assistant Public Works Director
introduced Vern LaBeau, a new employee in the position of
Maintenance Level I. Vern brings twenty years experience in
large equipment handling and procedures. Vern started on January
10, 1994.
Council welcomed him.
Assistant Planner Richard Pearson presented a seminar on
transportation which the Minnesota Valley Transit Authority will
help fund. Councilmember Cathy Busho will be attending the
February 23, 1994 seminar. Others interested are encouraged to
attend.
MOTION by Wippermann to approve the Consent Agenda with an
amendment to the January 4 and January 25, 1994 minutes. Second
by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson.
Nays: None.
The Mayor continued the Appeal of Variance Decision by James
(Pete) Atwood, 3190 145th Street West which had been tabled at
the January 4, 1994 meeting.
Assistant Planner Pearson showed a drawing of the placement of
the Atwood home, out building, property lines, and right -of -ways.
Discussion was held by City Council regarding the placement of a
garage. Pete Atwood noted he would like a few more feet to be
able to add a deck to the back of his house. A four foot
compromise was reached.
MOTION by Anderson granting a variance for James (Pete) Atwood,
3190 145th Street West as follows: 21' north of the south
property line, 14' west of the east property line and 25' from
the sidewalk along Canada Avenue for the placement of a garage.
Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson,
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 1, 1994
Wippermann. Nays: None.
Administrative Assistant Walsh presented a request from the
Rosemount Town Pages to additionally service the City by
publishing the city's monthly newsletter and city council
minutes. Doug Heikkila made a presentation for the Town Pages.
Bob Temple made a presentation for the This Week publication
which now publishes the city monthly newsletter and the minutes.
After discussion, Council decided to remain with the This Week
mainly due to its larger circulation but to reconsider the Town
Pages next January and compare its circulation at that time. No
motion was required.
Mayor McMenomy called for a break at 8:10 p.m. The meeting was
resumed at 8:20 p.m.
Senator Pat Pariseau talked briefly about the upcoming
Legislative Session. Some topics to be discussed are annexation,
taxation, and school funding. Mayor McMenomy noted the sewer
capacity concerns Rosemount has and that the Orfield Bill could
not be supported if it takes sewer capacity from the suburbs for
the metro area. The Senator thanked Council for the time..
Diane Nordquist from the Dakota County Housing and Redevelopment
Authority made a short slide presentation of senior housing
projects which have taken place in Dakota County since 1988. The
slides showed how the buildings can be designed to fit into a
neighborhood nicely. Nordquist offered tours of the Senior
Housing Projects.
John Oxborough, 14690 Cameo Avenue, presented a petition to City
Council opposing the site selected for the senior housing.
Oxborough voiced concerns for the residents in the area including
property value decreases, need of a buffer zone, relocation
issues, and against having a three story building in a
residential area. Discussion followed by the City Council.
Council reached a consensus that the Cameo site was the most
appropriate location, at this time, for the Senior Housing
Project.
MOTION by McMenomy to approve the development agreement and
cooperation agreement between the Dakota County Housing and
Redevelopment Authority and the City of Rosemount initiating the
development process for construction of a 40 unit senior housing
project and accepting the petition presented opposing the site
selected for the project. Second by Wippermann. Ayes: Staats,
Busho, Anderson, Wippermann, McMenomy. Nays: None.
Administrative Assistant Walsh noted that state law prohibits
public jurisdictions to hold meetings after 6:00 p.m. on the
evening designated for precinct caucuses. Minnesota DFL and IR
parties will be holding caucuses on March 1, 1994 at 7 :00 p.m.
The City Council needs to reschedule their regular meeting.
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 1, 1994
MOTION by McMenomy to change the date of the March 1, 1994
regular council meeting to March 2, 1994, at 7:30 p.m. Second by
Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats.
Nays: None.
Administrative Assistant Walsh advised that the residents of the
Senior Citizen Center and condominiums and /or participants at the
senior citizens center presented petitions requesting the City of
Rosemount to create an ordinance prohibiting any immoral
entertainment, such as topless dancers and women oil wrestlers.
Attorney Miles noted that the City of Coates has a case going to
Supreme Court which will affect Rosemount's freedom of
expressions position. Attorney Miles will provide additional
information regarding a draft model ordinance at the next Council
meeting.
MOTION by McMenomy to receive and place on file the petitions for
concerns of entertainment such as topless dancers and women oil
wrestlers. Second by Anderson. Ayes: Anderson, Wippermann,
McMenomy, Staats, Busho. Nays: None.
Brian Bourassa, P.E. of OSM Engineering gave an overview of the
Shannon Hills 6th Addition project. It is being developed by
Ground Development with total estimated project costs of
$474,300. A lift station will be required with costs covered
partially by the developer and by the stormwater utility fund.
The Public Hearing would be March 2, 1994.
MOTION by Wippermann to adopt A RESOLUTION RECEIVING FEASIBILITY
REPORT /SETTING PUBLIC HEARING FOR SHANNON HILLS 6TH ADDITION
STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 251. Second by
Anderson. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann.
Nays: None.
City Engineer Osmundson noted the options available for the 145th
Street Improvements from Chili Avenue to Cameo Avenue, City
Project 245. Brian Bourassa, P. E. of OSM Engineering reviewed
the updated feasibility report with alternatives to road width
and underground utilities. Osmundson noted that Northern States
Power Company indicated that each homeowner would have the option
to go overhead from the rear or front of the homes depending on
location, or go underground. Street scaping was discussed
including decorative lighting, trees and sidewalks.
MOTION by McMenomy to adopt A RESOLUTION RECEIVING THE
FEASIBILITY REPORT FOR 145TH STREET IMPROVEMENTS FOR CHILI AVENUE
TO CAMEO AVENUE, CITY PROJECT 245 with consensus of the City
Council was for Option 2, the 44 foot width and overhead utility
relocated with a 6 foot sidewalk; the informational meeting will
be held between February 1 and March 2; and the Public Hearing
set for March 2, 1994. Second by Anderson. Ayes: Staats,
Busho, Anderson, Wippermann, McMenomy. Nays: None.
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 1, 1994
Councilmember Anderson noted she would not be available March 2,
1994 for that meeting.
Parks and Recreation Director Bechtold and city staff reviewed
the present Parks and Recreation Regulations contained in Title
4, Chapter 3 of the City of Rosemount Ordinance. The ordinance
was updated by the Parks and Recreation Committee and reviewed by
the city attorney for Council approval.
MOTION by Busho to adopt ORDINANCE NO. XVI.27, AN ORDINANCE
REPEALING TITLE 4, CHAPTER 3, PERTAINING TO PARRS REGULATIONS AND
SUBSTITUTING A NEW ORDINANCE THEREFORE. Second by Wippermann.
Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays:
None.
Director Bechtold discussed grants available for land acquisition
for parks.
MOTION by McMenomy to set Public Hearings on Wednesday, March 2,
1994 at 8:00 p.m. or as soon thereafter as possible to consider
the Birger Pond land acquisition grant proposal and to consider
the land acquisition of the prairie area north of Carrolls Woods.
Second by Wippermann. Ayes: Anderson, Wippermann, McMenomy,
Staats, Busho. Nays: None.
Discussion was held regarding the proposed office building,
Shamrock Square by Kerry Johnson.
MOTION by McMenomy to advise the Port Authority that City Council
is not prepared to accept a proposal other than originally
proposed by the Johnsons. Second by Anderson. Ayes: McMenomy,
Staats, Anderson. Nays: Wippermann, Busho.
Mayor McMenomy requested staff to research the pro's and con's of
having the mayor's term changed from a two year term to a four
year term.
Interim City Administrator Wasmund gave an update on the change
orders required for construction of the Community Center. The
two major expenses were the storm water pond which added $85,000
and the acceleration of the arena construction schedule which was
$28,587.
Attorney Miles noted that some charges may be contested.
MOTION by Anderson to balance the Community Center construction
budget authorizing transfers from funds as follows: 1)
Establish a master lease credit line of $98,000 with the lending
institution offering the best rate. Purchase all items
identified leasable with this financing line of credit. 2)
Transfer an additional $21,000 from storm core funds to lower the
commitment for the storm water pond. This is consistent with
previous authorizations by the Utility Commission and City
Council. 3) Transfer $50,000 from the bonds paid up account.
4) Transfer the balance of $165,000 from CIP reserves. These
ATTEST:
Ron Wasmund
Interim City Administrator
5
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 1, 1994
actions will minimizing the amount needed to be financed now, nor
affecting daily operation of the city, and proceed with
establishing a master lease account, Second ny Staats. Ayes:
McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None.
MOTION by Staats to adjourn. Second by Wippermann. Ayes:
Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None.. The
meeting was adjourned at 11 :25 p.m.
Respectfully submitted,
a
7 ,,5L t
Linda Jentink, Recording Secretary
The City Council Agenda Packet is Clerk's File 1994 -6.
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
FEBRUARY 12, 1994
Pursuant to due call and notice thereof a special meeting of the
City Council of the City of Rosemount was duly held on Saturday,
February 12, 1994, at 7:30 a.m., at City Hall.
Mayor McMenomy called the meeting to order with all members
present.
The Council met with consultant Jim Brimeyer and discussed the
day's events and process for interviewing the six finalists for
the city administrator position.
From approximately 8:00 a.m. to 12:00 Noon, the members of the
Council individually interviewed each of the candidates.
During the lunch hour the Council discussed with Jim Brimeyer the
process for interviewing the candidates in the afternoon. At
this time, Interim City Administrator Ron Wasmund and
Administrative Assistant Susan Walsh were present and provided
input on city staff's comments regarding the six finalists.
From approximately 1:15 p.m. to 4:15 p.m. the City Council
interviewed eacn of the candidates. At the conclusion of the
interviews the Council discussed the merits of each of the
candidates and then reached a unanimous decision to offer the
city administrator position to Thomas Burt.
MOTION by McMenomy to authorize Jim Brimeyer to start negotiating
with Tom Burt on the city administrator selection. SECOND by
Staats_ Ayes: Anderson, Wippermann, McMenomy, Staats, Busho.
Nays: None.
MOTION by McMenomy to adjourn. SECOND by Staats. Ayes: 5.
Nays. 0.
The meeting was adjourned at 5:45 p.m.
ATTEST:
z 5-15. Al' Ae 1 1
E. B. McMenomy, Mayor
Respectfully submitted,
Cathy Bu o, Councilmember
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 15, 1994
Pursuant to due call and notice thereof a regular meeting of the
Rosemount City Council was duly held on Tuesday, February 15,
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, Busho, Staats, and Wippermann present. Staff present
included Interim City Administrator Wasmund, Finance Director
May, City Engineer Osmundson, Assistant Planner Pearson,
Administrative Assistant Walsh, and City Attorney Miles.
Mayor McMenomy lead the group in the Pledge of Allegiance.
Additions to the agenda included an Executive Closed Session
regarding the McDonough litigation to be held under Mayor's
Report, and City Administrator Contract to be discussed under
Item 7.E.
Interim City Administrator Wasmund presented appreciation plaques
to former Councilmembers Klassen and Willcox and thanked them for
their service to the city.
Mayor McMenomy introduced Dr. Haro, superintendent for
Independent School District 196, and advised that Dr. Haro was
present to present information regarding the upcoming $78.8
million dollar bond issue scheduled for Tuesday, March 8, 1994.
Dr. Haro and Ms. Gohman, a school board commissioner, reviewed
their prepared information which was a result of study by a 68
member cask force. The school district expects an additional
7,000 students in the next eight years and will need to build
three new schools and expand others to accommodate the growth.
Councilmember Busho requested that item 7.J., Resolution
Supporting Legislation for Temporary Storage of Spent Fuel, be
pulled from the consent agenda for discussion. Mayor McMenomy
placed the item under 7.F.
MOTION by Wippermann to approve the consent agenda with the
revision. SECOND by Staats. Ayes: Anderson, Wippermann,
McMenomy, Staats, Busho. Nays: 0.
Mayor McMenomy called for a three minute recess. The meeting
resumed for the Public Hearing at 8:00 p.m.
Mayor McMenomy opened the Public Hearing for the Rezoning
Petition of Dave's Auto Body, 14785 South Robert Trail. The
recording secretary advised Mayor McMenomy that the affidavits of
Posted and Published Notices were on file.
Assistant Planner Pearson reviewed staff correspondence advising
that Mr. Dave Lawson. owner of Dave's Auto Body, is requesting a
rezoning of his property from C -2 Community Commercial to
C -4 General Commercial, which is the more flexible use of the
two. The rezoning would relieve Mr. Lawson's building of its
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 15, 1994
non conforming use status, which would then allow him to obtain
building permits to improve his property. Mr. Pearson advised
that the Planning Commission had recommended approval of the
rezoning with reluctance due to concerns that the rezoning would
cause the use to expand and concerns of the general condition of
the site.
Mayor McMenomy called for public comment. There was none.
MOTION by Staats to close the Public Hearing. SECOND by Busho.
Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: 0.
Council discussion ensued and some councilmembers voiced
reluctance to approve the rezoning request due to the fact that
the new zoning classification did not solve the problems of non-
conforming status because of setback requirements and required
variances, and because of conflicts with the Downtown Scoping
document. The change in zoning from C -2 to C -4 would bring the
use into compliance but causes the site to be non conforming.
Other councilmembers favored the rezoning because of Master
Transmission's past rezoning approval, which was similar to this
request. MOTION by Wippermann to deny the rezoning request.
SECOND by Busho. Ayes: Busho, Anderson, Wippermann. Nays:
McMenomy, Staats.
City Engineer Osmundson reviewed his correspondence regarding the
145th Street project item which was on the agenda, at the request
of the finance director, to clarify funding sources for
decorative lighting and the burial of overhead lines. Osmundson
advised that the city is in the process of negotiating with
Northern States Power to obtain funding assistance for the
project in the amount of $190,000. Concern was voiced regarding
one of the options proposing 8 foot wide sidewalks. Staff was
directed to continue negotiations with Northern States Power.
Councilmember Anderson volunteered to attend the February 23,
1994. 145th Street Project information meeting at City Hall.
City Engineer Osmundson advised that the city has received an
appeal from 1st Baptist Church of Rosemount to defer assessments
on an adjacent parcel owned by the Anna Wachter estate. First
Baptist Church would like to receive title to the property, but
want to defer the assessment amount, totaling approximately
$52,000, for approximately eight to ten years. Osmundson
requested authorization to negotiate a deferment with interest
and advised that he would bring back an agreement to council for
approval.
MOTION by McMenomy to authorize staff to negotiate a deferment
with interest and to bring such deferment back to council for
approval. SECOND by Staats. Ayes: Staats, Busho, Anderson,
Wippermann, McMenomy. Nays: 0.
2
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 15, 1994
City Engineer Osmundson introduced Dave Simons of SEH and advised
that Mr. Simons would provide an overview of Shannon Pond 3rd
Addition Street and Utility Improvements and West Ridge 5th
Addition Street and Utility Improvements. Simons advised that
the projects include the construction of sanitary sewer,
watermain, storm drain, streets and sidewalks with a total
estimated cost to be $568,000, which will be recovered through
assessments to the two developers, Rosemount Development Company
and Hampton Development Company. Because of past problems with
the two developers involved, council questioned whether there
were legal documents in place where both developers have agreed
to the split of assessments. Wasmund acknowledged the receipt of
a petition for public improvements from each developer. By
execution of these petitions, each developer waived their right
to appeal resulting assessments. The Public Hearing will be held
on Tuesday, March 15, 1994, at 8:00 p.m.
MOTION by Wippermann to adopt A RESOLUTION RECEIVING THE
FEASIBILITY REPORT /SET PUBLIC HEARING SHANNON POND 3RD ADDITION
STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #248 AND WEST RIDGE
5TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #242.
SECOND by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy,
Staats. Nays: 0.
City Engineer Osmundson briefly reviewed staff correspondence
regarding MPCA requirements of testing underground storage tanks.
Osmundson advised that there are three underground storage tanks
located east of the Public Works garage that will need tank
tightness testing at an estimated cost of $3,200. If the city
does not comply with MPCA regulations, the city could lose their
eligibility to purchase fuel and if the tanks should fail the
tests, they will need to be replaced sooner than 1998, which is
the required minimum cimeframe for replacement. Osmundson also
advised that tank replacement will be budgeted for in the next
couple of years. He further explained that staff is recommending
that council approve option #2 which would provide for monthly
inventory control and tank tightness testing, as explained in
SEH's letter of January 3, 1994.
MOTION by Wippermann to authorize staff to receive quotes and
authorize expenditures for tank tightness testing. SECOND by
Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho.
Nays: 0.
City Attorney Miles presented the draft ordinance regulating
nudity and sexual conduct in licensed establishments, which would
amend the City Code to regulate adult entertainment within the
city. After discussion, councilmembers directed Miles to put the
ordinance into final form.
Interim City Administrator Wasmund presented information to
council regarding the resignation of building inspector Michael
3
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 15, 1994
Fricke and justification to fill the vacant building inspector
position.
MOTION by Staats to accept resignation from building inspector
Mike Fricke, approve the building inspector job description,
authorize placement of an ad, interview applicants and come back
to city council with a recommendation for hiring on April 5, 1994
for the position of building inspector. SECOND by McMenomy.
Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: 0.
Assistant Planner Pearson reviewed staff correspondence regarding
U.S. Homes' request for final plat approval of Country Hills
Seventh Addition. Pearson explained that this is the last phase
of the Country Hills Planned Unit Development and that the city
is still negotiating the content of the Development Agreement.
Council briefly discussed the proposed letter of credit.
MOTION by Anderson to adopt A RESOLUTION APPROVING THE FINAL PLAT
FOR COUNTRY HILLS SEVENTH ADDITION and authorize the execution of
a Development Agreement. SECOND by Wippermann. Ayes: McMenomy,
Staats, Busho, Anderson, Wippermann. Nays: 0.
Mayor McMenomy called for a recess at 9:27 p.m. The meeting
resumed at 9:32 p.m.
MOTION by Staats to adopt A RESOLUTION APPROVING THE ENCUMBRANCE
OF CERTAIN 1993 BUDGET ITEMS TO 1994. SECOND by Anderson. Ayes:
Staats, Busho, Anderson, Wippermann, McMenomy. Nays: 0.
Interim City Administrator advised council that Star Metro Cable,
Inc. is seeking authorization to transfer control and assignment
of assets of the Star Cable system to Marcus Cable Partners. Lt.
Wasmund further advised that there will be a joint public hearing
at the city of Lakeville on February 28, 1994 or March 8, 1994
where the cities of Lakeville, Farmington, and Rosemount will
consider a joint agreement to hire the legal services of Moss and
Barnett to represent all three cities in the negotiations with
Star Cable and Marcus Cable Partners. Councilmembers discussed
items that they would like included in a new franchise agreement
including relocating and burying cable lines along 145th Street,
installing a cable system in city hall, and extension of
facilities to other parts of the city.
MOTION by Anderson to authorize a joint review and preparation of
a new franchise agreement with Marcus Cable Partners and to adopt
A RESOLUTION AUTHORIZING THE TRANSFER OF CONTROL OF CABLE
TELEVISION FRANCHISE AND THE ASSIGNMENT OF THE ASSETS AND THE
FRANCHISE AS COLLATERAL. SECOND by Staats. Ayes: Busho,
Anderson, Wippermann, McMenomy, Staats. Nays: 0.
The contract listing specifics for the hiring of Thomas Burt as
city administrator was presented to council for their review.
1
Discussion ensued regarding the four month notice clause and the
relocation expense paragraph.
MOTION by McMenomy to approve the contract to hire Mr. Thomas
Burt as city administrator as presented by the Brimeyer Group.
SECOND Staats. Ayes: Anderson, Wippermann, McMenomy, Staats,
Busho. Nays: 0.
After discussing the resolution supporting legislation for
temporary storage of spent fuel at NSP Prairie Island nuclear
power plant, council tabled action on the item.
MOTION by McMenomy to adjourn to an executive closed session to
discuss the status of the McDonough litigation. SECOND by
Wippermann. Ayes: 5. Nays: 0. The regular meeting adjourned
at 9:54 p.m.
The regular meeting resumed at 10:04 p.m.
MOTION by McMenomy to adjourn. SECOND by Busho. Ayes: 5.
Nays: 0. The meeting adjourned at 10:04 p.m.
ATTEST:
Ron Wasmund
Interim City Administrator
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 15, 1994
Respectfully submitted,
Deborah Widstrom
Recording Secretary
The City Council Agenda Packet is Clerk's File 1994 -7.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 2, 1994
Pursuant to due call and notice thereof a regular meeting of the
Rosemount City Council was duly held on Wednesday, March 2, 1994
at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th
Street West. The meeting was held on Wednesday due to the state
caucuses.
Mayor McMenomy called the meeting to order with Councilmembers
Busho. Wippermann and Staats present. Councilmember Anderson was
out of town. Staff present included: City Attorney Miles.
Interim Administrator Wasmund, Administrative Assistant Walsh,
Assistant Planner Pearson, Parks Recreation Director Bechtold,
City Engineer Osmundson, Community Center Manager Topitzhofer,
Fire Chief Aker, and Police Chief Knutsen.
Mayor McMenomy lead the group in the Pledge of Allegiance.
Additions to the Agenda were as follows: Item 3.e. Chamber of
Commerce Update; Item 4. a. Minutes of February 12, 1994
Special Meeting; Item 14. c. Amend Police Department Labor
Agreement; Item 14. d. Vermillion State Bank Branch Proposal;
and Item 16. a. Closed Session /McDonough Litigation. One item
from the consent agenda (4. m. Receive Feasibility Report /Set
Public Hearing, O'Leary's Hills 7th and 8th Additions, City
Projects 253 and 254) was pulled and moved to Item 13. d. for
discussion.
Kevin Carroll represented the S.O.A.R. group and gave an update
on the airport planning process. Site 3 near Hastings was
chosen, but some members are clearly not happy with that
selection. A group is forming that would promote a light rail
transit from the Minneapolis /St. Paul Airport to a site near
Rosemount. S.O.A.R. is requesting that someone be appointed to
represent the City of Rosemount on the technical committee
reviewing this information. Council will discuss this with Tom
Burt the new City Administrator after his arrival March 14, 1994.
John Loch gave an update on the Chamber of Commerce and its
involvement with a "Sister City" in Russia. Several thank you
letters arrived with a painting done by a resident of Ivanteevka,
Russia. Clothing and medicine were sent last year to help
children, elderly, and handicapped people there. About 2,500
residents were given aid. Parents of diabetic children sent
their deepest thanks. The painting will be hung at the Community
Center. Loch also noted that the Shamrock Dinner will be
postponed to April 23, 1994 due to the delay in opening the
Community Center.
Police Chief Knutsen announced an open house March 16, 1994 at
7:00 p.m. for Law Enforcement Awareness Night. It will be a
chance for citizens to meet all the police officers and learn
what the main functions and services of the Police Department
are. Topics to be covered are: D.A.R.E. Program, Safe Streets,
Neighborhood Watch Program, Traffic Law Update, Gang Activity in
Rosemount, and Communications. Knutsen invited all to "share a
cup with a cop" after the program.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 2, 1994
MOTION by Wippermann to approve the Consent Agenda with an
amendment to page two of the February 15, 1994 regular minutes;
the addition of the minutes of February 12 special meeting; and
removing item 4. m. regarding the feasibility report for
O'Leary's Hills 7th and 8th Additions for discussion. Second by
Busho. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None.
Mayor McMenomy reviewed the public process for Public Hearings
for the audience. Because there were eight Public Hearings on
the agenda, the Mayor found it expedient to note at this time
that all the Affidavits of Published, Mailed, and Posted Notices
were on file and in order with the recording secretary as
required by law.
City Engineer Bud Osmundson gave a review of the 145th Street
Reconstruction between Chili Avenue and Cameo Avenue. An
informational meeting was held February 23, 1994. Residents
noted that they would like green area or boulevard rather than
cement separating the sidewalk from the street for safety
considerations. Parking on both sides of the street was desired.
Further discussion was held.
MOTION by Wippermann to close the Public Hearing for 145th Street
Reconstruction, City Project 245.. Second by Staats. Ayes:
Busho, Wippermann, McMenomy, Staats. Nays: None.
Council resolved that parking would be allowed on both sides of
145th Street, green space would be provided between the street
and sidewalk, consideration would be given to a 42 foot wide
street, and underground utilities would be available. Decorative
lighting would be encouraged, but funding has to be determined.
MOTION by Wippermann to adopt A RESOLUTION FOR THE APPROVAL OF
145TH STREET IMPROVEMENTS FROM CHILI AVENUE TO CAMEO AND APPROVAL
OF PREPARATION OF PLANS AND SPECIFICATIONS FOR CITY PROJECT 245.
Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho.
Nays: None.
MOTION by McMenomy to adopt A RESOLUTION APPROVING THE AMENDMENT
OF CERTAIN 1994 BUDGET ITEMS. Second by Wippermann. Ayes:
McMenomy, Staats, Busho, Wippermann. Nays: None.
Mayor McMenomy opened the public hearing for the 1994 Mineral
Extraction Permit Renewal of Friedges, Inc. on Lance Johnson's
property.
Assistant Planner Richard Pearson noted that all mineral
extraction permits have been standardized. Specific conditions
can be added to the permits as needed.
Mr. John Friedges is requesting the renewal of the mineral
extraction permit for a mining operation on property owned by
Lance Johnson. The Planning Commission recommended approval of
the request on February 8, 1994 with the 1994 Conditions of
Approval Agreement.
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 2, 1994
Charlie Koehnen, a neighbor to Friedges mining operation, was
concerned about concrete rubble that has been buried. Neil
Grace, General Manager of Friedges, noted that the concrete is
intended to be recycled by crushing and that much of it has been
on the property for years.
MOTION by McMenomy to close the public hearing for the Mineral
Extraction Permit renewal for Friedges, Inc. on the Lance Johnson
property. Second by Wippermann. Ayes: Staats, Busho,
Wippermann. McMenomy. Nays: None.
MOTION by Wippermann to approve A RESOLUTION FOR THE 1994 MINERAL
EXTRACTION PERMIT RENEWAL FOR THE LANCE JOHNSON PROPERTY
requested by Friedges Landscaping subject to an executed 1994
Conditions for Mineral Extraction Renewal Agreement including
amendments regarding recycling materials. Second by Busho. Ayes:
Busho, Wippermann, McMenomy, Staats. Nays: None.
Mayor McMenomy opened the public hearing for the 1994 Mineral
Extraction Permit Renewal of Solberg Aggregate on Koch Refining
property.
Assistant Planner Pearson reviewed the request of Loren Howard of
Solberg Aggregate, Inc. for extraction of 90.000 yards of
material over a two year period. The Planning Commission
approved the renewal of the mining permit with a conditions
agreement.
MOTION by Wippermann to close the public hearing for the 1994
Mineral Extraction Permit Renewal of Solberg Aggregate on Koch
Refining property. Second by Busho. Ayes: Wippermann,
McMenomy, Staats, Busho. Nays: None.
MOTION by McMenomy to approve A RESOLUTION FOR THE 1994 MINERAL
EXTRACTION PERMIT RENEWAL FOR THE KOCH REFINING COMPANY PROPERTY
requested by Solberg Aggregate subject to an executed Mineral
Extraction Conditions Agreement amended to include recycling
material language. Second by Busho. Ayes: Wippermann,
McMenomy, Staats, Busho. Nays: None.
Mayor McMenomy opened the public hearing for the 1994 Mineral
Extraction Permit Renewal of Bituminous Roadways on Otto Ped's
property.
Assistant Planner Pearson reviewed the request of Greg Dambroten
of Bituminous Roadways, Inc. to extract material and haul it to
their Inver Grove Heights location. Otto Ped wishes to lower a
land ridge 15 to 20 feet so that he will be able to irrigate his
land for agricultural purposes.
MOTION by Wippermann to close the public hearing for the 1994
Mineral Extraction permit Renewal of Bituminous Roadways on Otto
Ped's property. Second by Staats. Ayes: Staats, Busho,
Wippermann, McMenomy. Nays: None.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 2, 1994
MOTION by Wippermann to approve A RESOLUTION FOR THE 1994 MINERAL
EXTRACTION PERMIT RENEWAL FOR THE OTTO PED PROPERTY requested by
Bituminous Roadways subject to an executed 1994 Conditions for
Mineral Extraction Renewal Agreement amended to include recycling
material language. Second by Staats. Ayes: Busho, Wippermann,
McMenomy, Staats. Nays: None.
Mayor McMenomy called for a short break at 9:25 p.m. The regular
City Council meeting was reconvened at 9:38 p.m.
Mayor McMenomy opened the public hearing for Shannon Hills 6th
Addition Street and Utility Improvements, City Project 251
Engineer Osmundson noted that the public hearing for Shannon
Hills 6th Addition Street and Utility Improvements, City Project
251 nad been requested by the developer, Steven Fiterman of
Ground Development Corporation, to be continued to March 15
because he was unable to attend the public hearing.
MOTION by McMenomy to continue the public hearing for Shannon
Hills 6th Addition Street and Utility Improvements, City Project
251 to the regular meeting of March 15. 1994 and table any action
to that meeting. Second by Wippermann. Ayes: Wippermann,
McMenomy, Staats, Busho. Nays: None.
Mayor McMenomy opened the public hearing for Wensmann 6th
Addition Planned Unit Development, preliminary plat, and rezoning
request.
Assistant Planner Pearson reviewed the Wensmann 6th Addition for
a residential Planned Unit Development with single family houses
and townhouses. The Planning Commission and Parks and Recreation
Committee have reviewed and the Planned Unit Development and
recommended approval.
A one -third acre play lot was designated upon the suggestion of
the Parks and Recreation Committee, the landscaping is three
times more than what is required, and there is a $47,000 Park
Dedication fee that will be paid. Mayor McMenomy noted for the
record that the small park is not needed because there is a
neighborhood park just three blocks away.
Residents commented on their concerns. Discussion ensued by
Council.
MOTION by McMenomy to close the public hearing on Wensmann 6th
Addition Planned Unit Development, preliminary plat, and rezoning
request. Second by Staats. Ayes: McMenomy, Staats, Busho,
Wippermann. Nays: None.
MOTION by McMenomy to adopt A RESOLUTION APPROVING THE WENSMANN
SIXTH ADDITION PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT AND
SETTING OUT CONDITIONS FOR FINAL PLAT APPROVAL. Second by
4
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 2, 1994
Staats. Ayes: Staats, Busho, Wippermann, McMenomy. Nays:
None.
MOTION by McMenomy to table action on the requested rezoning of
the Wensmann Sixth Addition from AG Agriculture to R -1 Single
Family Residential /R -2 Single Family Residential Attached until
final plat approval. Second by Wippermann. Ayes: Busho,
Wippermann, McMenomy, Staats, Nays: None.
Mayor McMenomy opened the public hearing for the grant
application for land acquisition of the prairie area north of
Carrolls Woods.
Parks and Recreation Director Bechtold advised that the site has
been designated for use in conjunction with the Carrolls Woods
Park and the Schwarz Pond Park in the Parks System Master Plan.
This grant would supply matching funds for the land purchase if
it is approved by the Department of Natural Resources.
MOTION by Wippermann to close the public hearing for the grant
application for the prairie area north of Carrolls Woods land
acquisition. Second by McMenomy. Ayes: Wippermann, McMenomy,
Staats, Busho. Nays: None.
MOTION by Wippermann to authorize the submittal of the Outdoor
Recreation Grant for the land acquisition of prairie land north
of Carrolls Woods Park. Second by Busho. Ayes: McMenomy,
Staats, Busho, Wippermann. Nays: None.
Mayor McMenomy opened the public hearing for the grant
application for Birger Pond land acquisition.
Parks and Recreation Director Bechtold noted that Birger Pond
would provide recreational water uses and act as a stormwater
holding pond. The grant would provide for land acquisition only,
not development.
MOTION by Wippermann to close the public hearing for the grant
application for Birger Pond land acquisition. Second by
McMenomy. Ayes: Staats, Busho, Wippermann, McMenomy. Nays:
None.
MOTION by Wippermann to authorize the submittal of the Outdoor
Recreation Grant for the Birger Pond land acquisition. Second by
Busho. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None.
Administrative Assistant Walsh outlined the information detailed
for the Fire Relief Association benefits adjustment for 1994 and
1995.
MOTION by Staats to approve the rate of $1800 per year of service
for 1994 and $2000 per year of service for 1995 for the Rosemount
Fire Relief Association Benefits and to approve amendments to the
Relief Association's "Bylaws" to reflect these benefit changes.
5
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 2, 1994
Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Busho.
Nays: None.
City Engineer Osmundson reviewed O'Leary's Hills 7th and 8th
Additions, Street and Utility Improvements, City Projects 253 and
254. The 7th Addition would be constructed in 1994 and the 8th
Addition would be constructed in 1995. Dave Simons, P.E. of SEH
Engineering provided an overview of the project.
MOTION by Busho to adopt A RESOLUTION RECEIVING FEASIBILITY
REPORT AND SETTING THE PUBLIC HEARING FOR O'LEARY'S HILLS 7TH AND
8TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECTS 253
AND 254. Second by McMenomy. Ayes: McMenomy, Staats, Busho,
Wippermann. Nays: None.
Mayor McMenomy withdrew from the Vermillion State Bank Branch
proposal discussion due to a conflict of interest. Councilmember
Wippermann filled in as Acting Mayor.
Interim Administrator Wasmund noted that the City had been
contacted oy Jeff Hawkins requesting a location for a branch
office of the Vermillion State Bank in Rosemount. Property on
145th Street and Diamond Path was selected for a temporary
location (not more than three years) until a site might open up
on County Road 42. Rezoning would be required causing a minor
amendment to the Comprehensive Guide Plan. Metropolitan Council
may not approve any minor amendments at this time, and delays
could be probable.
Acting Mayor Wippermann noted that the same site had been
selected by Cottages, Inc. and presented to the Port Authority
for residential development which would not require any changes
to the Comprehensive Guide Plan.
It was the consensus of the Council not to support the temporary
location proposal and to encourage the Vermillion State Bank to
work with staff for a permanent location of the branch office in
Rosemount.
Interim City Administrator Ron Wasmund reported that resident
Larry Walsh has contacted the state Department of Administration
because city staff had not responded to requests for information
from Mr. Walsh. Wasmund and Council discussed the information
requested by Mr. Walsh and agreed a great deal of staff time
would be incurred in providing the information. much of the
information requested by Mr. Walsh was in conjunction with the
City's comment cards and Council agreed this was not the intended
purpose of the comment cards.
MOTION by McMenomy to direct the City Attorney to draft a general
response letter to Mr. Larry Walsh and Mr. Donald Gemberling of
the Department of Administration, and direct staff to meet with
Larry Walsh. Second by Busho. Ayes: Staats, Busho, Wippermann,
McMenomy. Nays: None.
6
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 2, 1994
Assistant Planner Pearson report that the Planning Commission had
discussed a new start time for the commission meetings. The
change recommended was from 5:00 p.m. to 5:15 p.m. The City
Council consensus was that the start time change would not assist
residents working outside of Rosemount to be able to attend
meetings. It could be helpful if public hearings at the Planning
Commission meeting could be held at 6:00 p.m. or 6:30 p.m. to
accommodate most residents. Staff was asked to research what
time surrounding cities have planning meetings.
Administrative Assistant Walsh with City Attorney Miles drafted
an ordinance regulating sexual conduct and nudity in Rosemount
businesses. It was decided to regulate this Through businesses
which hold intoxicating and nonintoxicating liquor licenses.
MOTION by McMenomy to adopt ORDINANCE NO. XVI.28, AN ORDINANCE
AMENDING TITLE 3 PERTAINING TO LIQUOR REGULATIONS TO PROHIBIT
NUDITY AND SEXUAL CONDUCT IN ESTABLISHMENTS HOLDING OR SEEKING
INTOXICATING AND NONINTOXICATING LIQUOR LICENSES IN ORDER TO
PRESERVE ORDER AND PROTECT THE PUBLIC WELFARE AND TO AVOID THE
SECONDARY EFFECTS ATTENDANT UPON ALLOWING SUCH ACTIVITY IN SUCH
ESTABLISHMENTS. Second by Busho. Ayes: Busho, Wippermann,
McMenomy, Staats. Nays: None.
1
1
Interim City Administrator Wasmund reviewed the lease agreement
with U.S. West NewVector Communications, Inc. This is a
cellular communication company which has a tower site adjacent to
the city water tower on County Road 42 and Chippendale Avenue.
This is the third renewal of the 5 year term. Staff recommends
approval.
MOTION by Wippermann to approve an automatic renewal for a five
year term of the specific site identified with NewVector
Communications. Second by Staats. Ayes: Wippermann, McMenomy,
Staats, Busho. Nays: None.
MOTION by Wippermann to amend the 1993 -94 Labor Agreement between
the City of Rosemount and Law Enforcement Labor Services, Inc. to
redefine article 1.5 to include a 8.5 hour shift. Second by
Staats. Ayes: McMenomy, Staats, Busho, Wippermann. Nays:
None.
Community Center Manager Topitzhofer gave an update on the
occupancy of the Community Center and National Guard Armory.
Inspections will continue this week. The final inspection has
delayed the scheduled opening causing some events to be cancelled
or changed to another location. Councilmember Busho advised the
Shamrock Award Dinner was postponed to April 23, 1994 and
committee members working on this dinner have been very
understanding about changing the date.
Mayor McMenomy proclaimed March 15 17, 1994 the American Legion
75th. Anniversary. McMenomy read the proclamation thanking the
volunteers of Rosemount Post 65 for the many community projects
they have undertaken.
Mayor McMenomy proclaimed March 6 12, 1994 as AFS (American
Foreign Student) Host Family Recognition Week. McMenomy noted
that the mission of intercultural understanding and world peace
are improved due to the participation in this program and thanked
all those families, students, and teachers involved.
Mayor McMenomy noted that the Middle School is having an Irish
Cafe next week and he would not be available to attend. He would
appreciate if a councilmember could attend. McMenomy also asked
staff to provide pencils or Rosemount pins to the program.
Councilmember Busho thanked city staff for maintaining the city
hall so well, Busho thanked Ron Wasmund for acting as City
Administrator since November and helping to continue city
business as normal. Busho noted that "Welcome to Rosemount"
banners have been put up by the Rosemount Chambers of Commerce
and they look great!
Mayor McMenomy called the City Council to a Closed Session at
11:55 p.m. on the McDonough /Sunrise Litigation. The regular
meeting was resumed at 12:15 a.m.
MOTION by Busho to adjourn. Second by Staats Ayes: Staats,
Busho, Wippermann, McMenomy. Nays: None. The meeting was
adjourned at 12:17 a.m.
ATTEST:
Sisel
Ron Wasmund
Interim City Administrator
Respectfully submitted,
Linda Jentink, Recording Secretary
The City Council Agenda Packet is Clerk's File 1994 -8.
8
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 2, 1994
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 15, 1994
Pursuant to due call and notice thereof a regular meeting of the
Rosemount City Council was duly held on Tuesday, March 15, 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, Busho and Staats present. Councilmember Wippermann was
out of town. Staff present included: City Attorney Donald
Fluegel in Attorney Miles absence; City Administrator Burt,
Assistant Planner Pearson, Public Works Director Wasmund, Parks
Recreation Director Bechtold, City Engineer Osmundson, Community
Center Manager Topitzhofer, and Police Chief Knutsen.
Mayor McMenomy lead the group in the Pledge of Allegiance.
Additions to the Agenda were as follows: Consent Item 4.o. Park
Shelter (Kiosk) Resolution; and a Closed Session for an update on
the McDonough Litigation.
The new City Administrator, Thomas D. Burt, was introduced and
welcomed by City Council.
Stephen F. Schmidt, Community Service Manager, Metro East Region,
of Northern States Power Company, invited City Council to tour
the Prairie Island Dry Cask Storage project. Schmidt also
offered a video for later review by Council. Dale Vincent was
available for questions on nuclear storage. The Mayor informed
Council that the legislative bill supporting the nuclear storage
in the Senate Committee had not passed earlier that day, March
15, 1994. The issue may be going to the Senate or House level in
about four weeks.
MOTION by McMenomy to approve the Consent Agenda with the
addition of the Park Shelter (Kiosk) Resolution. Second by
Staats. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None.
Assistant Planner Pearson reviewed the West Ridge 5th Addition
Final Plat. This is the last phase of the West Ridge Residential
Planned Unit Development with 45 single family lots. The
Planning Commission recommended approval.
MOTION by Staats to adopt A RESOLUTION APPROVING THE WEST RIDGE
FIFTH ADDITION FINAL PLAT and authorize the execution of the West
Ridge Fifth Addition Development Contract. Second by Anderson.
Ayes: Staats, Busho, Anderson, McMenomy. Nays: None.
MOTION by McMenomy to recess for the Closed Session at 7:50 p.m.
Second by Busho. Ayes: Busho, Anderson, McMenomy, Staats.
Nays: None. The City Council dismissed to the Council Lounge to
discuss the McDonough Litigation. The regular meeting was
resumed at 8:00 p.m. for the public hearings.
Mayor McMenomy reviewed the public process for public hearings
for the audience.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 15, 1994
Mayor McMenomy opened the Public Hearing for the Cable Franchise
Transfer. The recording secretary noted that the Affidavits of
Published, Mailed, and Posted Notices were on file.
Public Works Director Wasmund had reviewed the documents
presented to transfer ownership of the Star Metro Cable, Inc. to
Marcus Cable Partners, L.P. Wasmund presented three issues to
Marcus Cable as follows: 1) Dakota County Technical College had
requested cable; 2) "Equipment" is not defined for city hall
use, and 3) How long does it takes to get cable service to rural
areas.
Lisa Washa, General Manager of Star Cable, introduced Dave
Hanson, the Vice president of Operations for Marcus Cable in Eau
Claire, Wisconsin. Marcus now owns 53 cable systems and 5 are
being added to that. Marcus is committed to the franchise with
the same management as now employed there. Help will be given to
produce a city channel for Rosemount in the way of development
and direction in what kind of equipment to use. There is tough
competition for cable from KSTP which now has a new satellite
station and U.S. West which will have a video dial tone
available.
Councilmember Busho asked about density standards. Hanson
responded that for one mile, twenty cable customers are needed to
break even. A new customer must live within 400 feet of tne
cable supplying the signal or be charged for the additional cost.
The cities of Lakeville, Farmington, and Rosemount jointly had
the firm of Moss Barnett review the legal documents for the
cable transfer. Brian Grogan, representing Moss Barnett,
verified that the company of Marcus Cable was duely authorized to
do business in Minnesota. Grogan noted that this transfer would
not allow new issues to be brought up, but Council could clarify
any old issues. The Franchise is for a term of ten years
starting in 1989.
MOTION by McMenomy to close the Public Hearing for the Cable
Franchise Transfer. Second by Staats. Ayes: McMenomy, Staats,
Busho, Anderson. Nays: None.
MOTION by McMenomy to adopt A RESOLUTION RECOMMENDING APPROVAL OF
THE TRANSFER OF OWNERSHIP OF STAR METRO CABLE, INC. Second by
Busho. Ayes: Busho, Anderson, McMenomy, Staats. Nays: None.
City Council directed Public Works Director Wasmund to pursue the
cable drop for the Dakota County Technical College, ISD NO. 917,
and negotiations on the other issues with Marcus Cable.
Mayor McMenomy called for a short break at 8:55 p.m.
Mayor McMenomy opened the Public Hearing for the Rosemount
Village Square Commercial Planned Unit Development. The
2
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 15, 1994
recording secretary noted that the Affidavits of Published,
Mailed, and Posted Notices were on file.
Assistant Planner Pearson noted that Carlson Properties, Inc. is
requesting approval of a commercial Planned Unit Development
(PUD) on their property on the south side of CSAH 42 between the
Pizza Hut restaurant and the Holiday gas station store for a
70,000 square foot shopping center. The Planning Commission had
reviewed the original PUD and requested some revisions in terms
of building aesthetics, landscaping, and parking design and
circulation. These revisions were resolved. On March 11, 1994,
the developers presented sketches indicating significant
modifications to the western half of the shopping mall design.
The 10,000 square foot drug anchor was replaced by a free
standing bank with a drive -thru, changing the road alignment to
the south. Pearson advised on this date the Dakota County Plat
Commission notified city staff that the County will be requiring
100 feet of right -of -way along CSAH 42. This information would
also change the design of the Rosemount Village Square. Pearson
recommended tabling action and referring it back to the Planning
Commission.
City Engineer Osmundson reviewed the five access points to
Rosemount Village Square shopping center and the increased
traffic counts that may result. In that area in 1991 the traffic
count was 12,000 on CR 42. In 1993 the traffic count was 15,500,
and it is expected to increase to 20,000 36,000 cars per day.
Staff recommends that traffic should be channeled on Chippendale
Avenue with the addition of a median with no left turn except at
151st Street. This would be to allow sufficient space to avoid
back up at the traffic light on CR 42 and reoccurring grid -lock.
Jack Heschler, representing Carlson Properties, Inc., noted that
the original plans still are viable. The revisions reduced the
building square footage and increased the parking spaces by 40.
Heschler stated that the ponding design may change but is within
a comfortable range.
Gary Gandrud, representing the Holiday Companies, supported the
development by Carlson Properties. Gandrud stated that there was
an agreement in 1985 committing to full access to Holiday off
Chippendale Avenue, and would not want this changed. Other
businesses voiced concern over the change in access off
Chippendale Avenue.
Joe McNamara of the Rosemount National Bank, Larry McFarland of
Mac's Bottle Shop, and Rick Beherns owner of Sunrise property
supported the development. Wayne McCall, a resident, noted he
would prefer shopping here, in Rosemount and looked forward to
the completion of the shopping center.
MOTION by Staats to close the Public Hearing for the Rosemount
Village Square Commercial Planned Unit Development and
1
4
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 15, 1994
Preliminary Plat. Second by Anderson. Ayes: Anderson,
McMenomy, Staats, Busho. Nays: None.
Attorney Fluegel noted he reviewed a copy of the
with Holiday. It can stand as is until the City
public safety concern which would cause it to be
Council consensus was to conclude the motion for
Village Square shopping center at the end of the
staff time to prepare an appropriate motion.
Mayor McMenomy opened the Public Hearing for O'Leary's Hills 7th
and 8th Addition Street and Utility Improvements, City Project
253 and 254. The recording secretary noted that the Affidavits
of Published, Mailed, and Posted Notices were on file.
City Engineer Osmundson gave an overview of the project.
MOTION by McMenomy to close the Public Hearing for O'Leary's
Hills 7th and 8th Addition Street and Utility Improvements, City
Project 253 and 254. Second by Staats. Ayes: McMenomy, Staats,
Busho, Anderson. Nays: None.
access agreement
would have a
revised.
the Rosemount
meeting allowing
MOTION by Anderson to adopt A RESOLUTION TO APPROVE O'LEARY'S
HILLS 7TH AND 8TH ADDITIONS STREET AND UTILITY IMPROVEMENTS, CITY
PROJECT 253 AND 254 and ordering the preparation of plans and
specifications. Second by Staats. Ayes: Staats, Busho,
Anderson, McMenomy. Nays: None.
Mayor McMenomy opened the Public Hearing for West Ridge 5th
Addition Rezoning. The recording secretary noted that the
Affidavits of Published, Mailed, and Posted Notices were on file.
Assistant Planner Pearson reviewed the request for rezoning of
land owned by the Rosemount Development Company, as a Residential
Planned Unit Development. This request is to change zoning from
agricultural to Single Family Residential (detached).
MOTION by Staats to close the Public Hearing for West Ridge 5th
Addition Rezoning. Second by McMenomy. Ayes: Anderson,
McMenomy, Staats, Busho. Nays: None.
MOTION by Anderson to ADOPT AN ORDINANCE NO. B -36 AN ORDINANCE
AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE which
provides for the rezoning of the West Ridge Fifth Addition
rezoning from AG Agriculture to R -1 Single Family Residential.
Second by Staats. Ayes: Anderson, McMenomy, Staats, Busho.
Nays: None.
Mayor McMenomy opened the Public Hearing for West Ridge 5th
Addition, City Project 242 and Shannon Pond 3rd Addition, City
Project 248, Street and Utility Improvements. The recording
secretary noted that the Affidavits of Published, Mailed, and
Posted Notices were on file.
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 15, 1994
City Engineer Osmundson gave a brief overview of the street and
utility improvements for West Ridge 5th and Shannon Pond 3rd
Additions.
MOTION by Staats to close the Public Hearing for West Ridge 5th
Addition, City Project 242 and Shannon Pond 3rd Addition, City
Project 248, Street and Utility Improvements. Second by
Anderson. Ayes: McMenomy, Staats, Busho, Anderson. Nays:
None.
MOTION by McMenomy to ADOPT A RESOLUTION FOR THE APPROVAL AND
ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR WEST
RIDGE FIFTH ADDITION STREET AND UTILITY IMPROVEMENTS CITY PROJECT
242 AND SHANNON POND THIRD ADDITION STREET AND UTILITY
IMPROVEMENTS CITY PROJECT 248. Second by Staats. Ayes: Staats,
Busho, Anderson, McMenomy. Nays: None.
Mayor McMenomy opened the Public Hearing for Shannon Hills 6th
Addition Street and Utility Improvements, City Project 251. The
recording secretary noted that the Affidavits of Published,
Mailed, and Posted Notices were on file.
City Engineer Osmundson explained that Ground Development
Corporation's President Steven Fiterman was unable to attend
tonight's meeting and requested a continuance of the Public
Hearing to April 5, 1994.
MOTION by McMenomy to continue the Public Hearing for Shannon
Hills 6th Addition Street and Utility Improvements, City Project
251 to April 5, 1994. Second by Anderson. Ayes: Busho,
Anderson, McMenomy, Staats. Nays: None.
City Engineer Osmundson explained that as a result of discussion
with Dakota County Highway staff and the developers of the
Rosemount Village Square a request for a variance was made. The
variance requested left and right turn lanes on CSAH 42 and was
written to Gary Stevenson, Dakota County Plat Commission, dated
March 10, 1994. A second letter to Dave Everds, County
Engineer, also dated March 10, 1994, requested right turn lanes
on east bound CSAH 42 at Canada and Chippendale Avenues for
construction in 1994 only if funded by the developer of Rosemount
Village Square.
MOTION by McMenomy not to support
County Plat Commission to improve
requiring additional right -of -way.
Anderson, McMenomy, Staats, Busho.
the proposal of the Dakota
CSAH 42 to a six -lane roadway
Second by Anderson. Ayes:
Nays: None.
MOTION by Staats to approve the letters requesting a variance for
access and right turn lanes be sent to the appropriate parties at
Dakota County. Second by McMenomy. Ayes: McMenomy, Staats,
Busho, Anderson. Nays: None.
ATTEST:
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 15, 1994
Assistant Planner Pearson noted that the preliminary plat for the
Rosemount Village Square could be approved.
MOTION by McMenomy to approve the Rosemount Village Square
preliminary plat. Second by Anderson. Ayes: Staats, Anderson,
McMenomy. Nays: None. Present: Busho.
Mayor McMenomy called for a five minute break at 10:55 p.m. The
meeting was resumed at 11:00 p.m.
Discussion ensued by Council and staff.
MOTION by McMenomy to rescind the previous motion approving the
Rosemount Village Square preliminary plat. Second by Staats.
Ayes: Busho, Anderson, McMenomy, Staats. Nays: None.
MOTION by McMenomy to approve the Rosemount Village Square
preliminary plat and revised Planned Unit Development plan (PUD)
with entry access off of CR 42 both directions, subject to City
Engineer's approval of grading and utility plan and execution of
a development agreement, and full access will be provided, as it
is currently, at Chippendale Avenue with the option to review as
necessary in the future. Second by Staats. Ayes: Anderson,
McMenomy, Staats. Nays: None. Present: Busho.
MOTION by McMenomy to adjourn. Second by Staats. Ayes:
McMenomy, Staats, Busho, Anderson. Nays: None. The meeting was
adjourned at 11:20 p.m.
Respectfully submitted,
6
Linda Jentink
Recording Secretary
Thomas D. Burt
City Administrator
The City Council Agenda Packet is Clerk's File 1994 -9.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 5, 1994
Pursuant to due call and notice thereof a regular meeting of the
Rosemount City Council was duly held on Tuesday, April 5, 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
Wippermann, Anderson, Staats, and Busho present. Staff present
included: City Attorney Miles, City Administrator Burt,
Administrative Assistant Walsh, Assistant Planner Pearson,
Economic Development Coordinator John Miller, City Engineer
Osmundson, Community Center Manager Topitzhofer, and Fire Chief
Aker.
Mayor McMenomy lead the group in the Pledge of Allegiance.
One item was added to the Agenda under Department Heads Reports:
Law Enforcement Night (3.d.).
Community Center Manager Topitzhofer reported on the
International Ringette Tournament hosted by the South St. Paul
Wakota Arena and the Rosemount Community Center. Topitzhofer
presented participation medals to the City Council for their
support. Sheila Klassen noted the people and planning involved
to successfully co -host this world class event. Klassen
presented Council with a framed proclamation from Minnesota
Governor Arne Carlson. A crystal vase was received trom Russia
with gratitude and a standard (banner) from the International
Ringettes Association from Finland. Mayor McMenomy and City
Council thanked all those who helped with the Ringette
Tournament.
Fire Chief Scott Aker presented the semi annual report from the
Fire Department. There are now 30 volunteer members which Aker
would like to see increased to about 45 members. A number of
fire vehicles need to be refurbished or replaced. An
accountability system was created and presented to the Dakota
County Fire Association which was adopted for use by Dakota
County. The new automatic defibulator has been used and has
saved lives already. A "fire prevention trailer" is being
constructed for educating children in fire safety. Chief Aker
invited Council to contact him at anytime with questions or feed
back.
Ed Dunn, former president of the Port Authority, gave the Annual
Report for the Port Authority. Each project from their goals
list had been addressed and several new projects began. The
largest cost overrun was the relocation of the businesses on
Highway 3 on the National Guard Armory /Community Center site.
The Rosemount Business Park moved ahead faster than projected
with additional costs for engineering and planning. The mission
of the Port Authority had moved ahead in 1993 1994.
Councilmember Busho commented that the Law Enforcement Night held
by the Police Department on March 15, 1994, was a great success.
It was attended by over 90 people. Chief Knutsen and his
officers did a wonderful job of letting us know what the Police
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 5, 1994
Department is all about. Busho encouraged this to be a annual
event.
MOTION by McMenomy to approve the Consent Agenda without items
(4.f.) Temporary On -Sale Beer License and (4.m) Community Center
Commission Appointment, which will be discussed later. Second by
Wippermann. Ayes: Staats, Busho, Anderson, Wippermann,
McMenomy. Nays: None.
Mayor McMenomy reviewed the public process for public hearings
for the audience.
Mayor McMenomy opened the Public Hearing for the Shannon Hills
6th Addition, Street and Utilities Improvements, City Project
251. The recording secretary noted that the Affidavits of
Published, Mailed, and Posted Notices were on file from the
continuation of the March 2, 1994 Public Hearing, Clerk's File
1994 -8.
City Engineer Bud Osmundson reviewed the Shannon Hills 6th
Addition project. Brian Bourassa, OSM Engineering, gave an
overview of the improvements and costs. Trunk pipe costs and
lift station pumps required for the storm sewer will be paid for
from the Storm Water Core Fund. Ground Development Corporation
will be responsible for the remainder of the assessment. This is
scheduled to begin this summer and will continue to next year to
completion.
MOTION by Staats to close the public hearing for the Shannon
Hills 6th Addition, Street and Utilities Improvements, City
Project 251. Second by Wippermann. Ayes: Busho, Anderson,
Wippermann, McMenomy, Staats. Nays: None.
MOTION by Wippermann to adopt A RESOLUTION FOR THE APPROVAL AND
ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
SHANNON HILLS 6TH ADDITION STREET AND UTILITIES IMPROVEMENTS,
CITY PROJECT NO. 251. Second by Staats. Ayes: Anderson,
Wippermann, McMenomy, Staats, Busho. Nays: None.
Mayor McMenomy opened the Public Hearing for O'Leary's Hills 7th
Addition: Rezoning from Agriculture to Single Family Residential.
The recording secretary noted that the Affidavits of Published,
Mailed, and Posted Notices were on file.
Assistant Planner Pearson reviewed the rezoning request for
O'Leary's Hills 7th Addition.
MOTION by McMenomy to close the public hearing for a rezoning
request for O'Leary's Hills 7th Addition. Second by Staats.
Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays:
None.
MOTION by Anderson to adopt ORDINANCE B -37 AN ORDINANCE AMENDING
ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE WHICH PROVIDES
2
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 5, 1994
FOR THE REZONING OF O'LEARY'S HILLS SEVENTH ADDITION FROM (AG)
Agriculture to (R1) Single Family Residential (Detached). Second
by McMenomy. Ayes: McMenomy, Staats. Busho, Anderson,
Wippermann. Nays: None.
Mayor McMenomy opened the Public Hearing for O'Leary's Hills 8th
Addition: Rezoning from Agriculture to Single Family Residential.
The recording secretary noted that the Affidavits of Published,
Mailed, and Posted Notices were on file.
Assistant Planner Pearson reviewed the plans for O'Leary's Hills
8th Addition.
MOTION by McMenomy to close the public hearing for a rezoning
request for O'Leary's Hills 8th Addition. Second by Wippermann.
Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays:
None.
MOTION by Wippermann to adopt AN ORDINANCE B -38 AN ORDINANCE
AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE WHICH
PROVIDES FOR THE REZONING OF O'LEARY'S HILLS 8TH ADDITION FROM
(AG) AGRICULTURE TO (R -1) SINGLE FAMILY RESIDENTIAL (DETACHED).
Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy,
Staats. Nays: None.
Mayor McMenomy opened the Public Hearing for the Rosemount
Business Park Rezoning from Agriculture to B -2 Business Park.
The recording secretary noted that the Affidavits of Published,
Mailed, and Posted Notices were on file.
Assistant Planner Rick Pearson reviewed the Rosemount Business
Park Rezoning request and noted that this would be the first lot
to be rezoned in the Rosemount Business Park, Lot 1, Block 1.
The Planning Commission recommended its approval at its March 8,
1994 meeting.
MOTION by Wippermann to close the public hearing for the
Rosemount Business Park Rezoning. Second by McMenomy. Ayes:
Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None.
Mayor McMenomy stated he thought that the Business Park rezoning
was premature.
MOTION by Busho to adopt ORDINANCE B -39 AN ORDINANCE AMENDING
ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE WHICH provides
for the rezoning of Lot 1, Block 1, Rosemount Business Park from
(AG) Agriculture to (B -2) Business Park. Second by Wippermann.
Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays:
None.
City Engineer Osmundson reviewed the concerns of the residents of
Carrollton IV drainage problem. These residential lots were
designed to have backyard ponding. Brian Bourassa, OSM
Engineering, noted that some residents were not informed of the
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 5, 1994
drainage design or easement. The two concerns of the residents
were: 1) possible flooding and 2) how soon before the backyards
would dry out. There are existing easements for drainage in the
backyards. There is no emergency outlet in this subdivision,
usually an alternate drainage way is provided if the main path is
blocked. There are several alternatives which would require a
feasibility report to compare accurately.
Discussion ensued from residents and City Council.
MOTION by McMenomy to adopt A RESOLUTION TO AUTHORIZE STAFF TO
PREPARE A FEASIBILITY REPORT FOR THE COMPLETION OF AN ADDITIONAL
OUTLET PIPE TO THE CARROLLTON FOURTH ADDITION. Second by Staats.
Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays:
None.
Mayor McMenomy called for a short break at 8:50 p.m. The meeting
was resumed at 8:58 p.m.
City Engineer Osmundson reviewed the 145th Street Reconstruction
and its public hearing of March 2, 1994. The Council directed
staff to examine the change from 44 foot wide to a 42 foot wide
street. There appears to be a fifty -fifty split on green area.
Half the residents want a green area between the street and the
sidewalk to provide a safety barrier and half want all sidewalk.
Council decided to go with a green area and the required five
foot sidewalk. The street light fixtures recommended through the
Downtown Scoping Committee and the Chamber of Commerce sub-
committee is the acorn style which directs light downward and is
most efficient.
MOTION by McMenomy to approve a 42 foot wide street with a 5 foot
sidewalk on both sides and approve the acorn style decorative
street lights. Second by Staats. Ayes: Staats, Busho,
Anderson, Wippermann, McMenomy. Nays: None.
City Engineer Osmundson reviewed the negotiations for a deferment
of assessments for property located at the northeast quadrant of
Diamond Path and 145th Street West. This property was owned by
the Anna Wachter estate and would be donated to the First Baptist
Church.
MOTION by Wippermann to adopt A RESOLUTION ADOPTING THE DEFERMENT
OF ASSESSMENTS FOR CITY PROJECT 206, 145TH STREET RECONSTRUCTION
FOR PARCEL IDENTIFICATION NUMBER 34- 03010 020 -44. Second by
Anderson. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats.
Nays: None.
Assistant Planner Pearson reviewed the Shannon Pond 2nd and 3rd
Additions, final plats and development agreements.
MOTION by Anderson to adopt A RESOLUTION APPROVING THE FINAL PLAT
FOR SHANNON POND SECOND ADDITION and authorization for the
4
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 5, 1994
execution of a Development Agreement. Second by McMenomy. Ayes:
Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None.
MOTION by McMenomy to adopt A RESOLUTION APPROVING THE FINAL PLAT
FOR SHANNON POND THIRD ADDITION and authorization for the
execution of a Development Agreement. Second by Wippermann.
Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays:
None.
Assistant Planner Pearson reviewed the final plat of the
Rosemount Business Park on behalf of the Rosemount Port
Authority. The Planning Commission reviewed and approved the
final plat on March 8, 1994.
MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL
PLAT FOR LOT 1, BLOCK 1, ROSEMOUNT BUSINESS PARK. Second by
Anderson. Ayes: Staats, Busho, Anderson, Wippermann. Nays:
None. Present: McMenomy.
Assistant Planner Pearson reviewed the final plat for O'Leary's
Hills Seventh Addition as requested by Tim Broback. The
easements were expanded five feet on Lots 8 and 9. Planning
Commission approved the Final Plat on March 8, 1994.
MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL
PLAT FOR O'LEARY'S HILLS SEVENTH ADDITION and authorization for
the execution of a Development Agreement. Second by Busho.
Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays:
None.
MOTION by Busho to adopt A RESOLUTION APPROVING THE FINAL PLAT
FOR O'LEARY'S HILLS EIGHTH ADDITION and authorization of the
execution of a Development Agreement. Second by McMenomy. Ayes:
Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None.
Economic Development Coordinator Miller presented a proposal to
ask the County for assistance in paying for the road improvements
along CR 42 between Chippendale and Canada Avenues. These
changes would be necessary upon further commercial development in
the area. It is common for the county to fund a portion of the
improvements (55 and the city to fund 45 Carlson's
Properties Inc., developers of Rosemount Village Square, are
asking the City to check into county assistance. Discussion both
in support of this proposal and against it proceeded.
MOTION by McMenomy to direct the city engineer to contact Dakota
County to request participation in completing planned street and
road improvements on CR 42 at Canada Avenue into the proposed
Rosemount Village Square and Chippendale Avenue areas. Second by
Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho.
Nays: None.
MOTION by McMenomy to direct the city's development staff to work
with Carlson Properties, Inc. on development of a city assisted
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 5, 1994
program for street and road improvements on CR 42 at Canada
Avenue into the proposed Rosemount Village Square and Chippendale
Avenue areas. Second by Staats. Ayes: Wippermann, McMenomy,
Staats, Busho, Anderson. Nays: None.
Administrative Assistant Susan Walsh noted that 25 applications
were received for the building inspector job. After interviews,
Mr. Jack Moe was recommended for hiring. Moe would start April
18, 1994.
MOTION by Wippermann to approve the hiring of Mr. Jack Moe as
building inspector at an annual salary starting at $28,882.35
pending passing a pre employment physical and completion of a
drivers license check. Second by Anderson. Ayes: McMenomy,
Staats, Busho, Anderson, Wippermann. Nays: None.
Administrator Burt reviewed the request made by Maureen Bouchard,
owner of the Geraghty building on the southwest corner of Highway
3 and 145th Street West. Bouchard hoped that the City would help
with the parking situation since that corner had lost parking
with the Highway 3 improvements. Three businesses on that corner
could obtain about five more parking spaces if the trees that
have grown behind the NAPA Auto Store building were removed and
more Class 5 gravel was added. Public Works Director Wasmund
researched the cost of materials and labor for this request.
Attorney Miles cautioned that liability should be an issue since
this is private property. Waivers would be needed. Legally the
City has no obligation to a private land owner. Discussion
followed determining that it was the Port Authority that noted it
would assist businesses in finding additional parking after the
Highway 3 improvements.
City Administrator Burt noted that a "fair" way to have the City
participate may be to have the business owner cover the cost of
the material and the City supply the labor. It would be best to
have a policy to frame the needs and /or requirements.
Dentist Dwayne Berg, one of the business owners near the Geraghty
building said he will be willing to pay for the costs of
materials.
Consensus of the Council was to table any action on the Geraghty
parking issue and to investigate further legal issues and costs
of possibly black topping the area.
City Engineer Bud Osmundson alerted City Council that a piece of
land which is actually within City right -of -way for Canada Avenue
and immediately north of 145th Street has been given up as tax
forfeiture property. This parcel is PID 34- 03700 172 -06.
MOTION by Wippermann to direct staff to prepare proper forms and
signatures to acquire Parcel Identification Number 34- 03700 -172-
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 5, 1994
06 as tax forfeiture property. Second by Staats. Ayes: Staats,
Busho, Anderson, Wippermann, McMenomy. Nays: None.
Councilmember Busho voiced concerns over public safety during the
Leprechaun Days celebration. Alcoholic beverages being served
outside allows pedestrian traffic crossing streets in crowds and
sometimes with beer or a drink in their hand. Administrative
Assistant Walsh suggested tabling the request for a Temporary
Beer License for the American Legion Chicken Barbecue until all
liquor businesses can be contacted so that enforcement of open
area liquor can be insured. More fencing and use of police
reserves would help. Council consensus was to table approval.
Councilmember Busho noted that the selection of members for the
Community Center should go through due process with public
notice. Busho thanked the out going Marion McNearney for her
involvement in the Community Center Committee. Gloria Olson has
been recommended with a term expiring on December 31, 1996.
MOTION by Busho to accept the resignation of Marion McNearney as
Community Center Commissioner and to approve the appointment of
Gloria Olson as alternate for the Community Center Commissioner.
Second by Wippermann. Ayes: Busho, Anderson, Wippermann,
McMenomy, Staats. Nays: None.
Mayor McMenomy had been contacted by the Rosemount
interested in the Adopt -A -Road program. Rosemount
this program available now. Staff was directed to
program similar to the Adopt -A -Park program we now
report back to Council in one month.
Jaycees
does not have
establish a
have and
Councilmember Busho noted that the community Clean Up Day is May
21, 1994 and the city -wide garage sale will be on May 14, 1994.
MOTION by McMenomy to move to the Closed Session regarding the
McDonough litigation. Second by Busho. Ayes: Wippermann,
McMenomy, Staats, Busho, Anderson. Nays: None.
Council moved to the Closed Session at 11:10 p.m. Council
reconvened at 11:15 p.m.
Mayor McMenomy announced that the German Club will be meeting at
City Hall on April 6, 1994, 4:30 p.m. 7:00 p.m. to welcome the
visiting students from Germany. Councilmember Busho will
represent the City Council and welcome them.
MOTION by McMenomy to adjourn. Second by Wippermann. Ayes:
McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. The
meeting was adjourned at 11:17 p.m.
Respectfully submitted,
Linda Jentin Recording Secretary
7
1
ATTEST:
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 5, 1994
Thomas D. Burt
City Administrator
The City Council Agenda Packet is Clerk's File 1994 -11.
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 19, 1994
Pursuant to due call and notice thereof a regular meeting of the
Rosemount City Council was duly held on Tuesday, April 19, 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
Wippermann, Anderson, Staats, and Busho present. Staff present
included: City Attorney Miles, City Administrator Burt,
Administrative Assistant Walsh, Assistant Planner Pearson, Public
Works Director Wasmund, City Engineer Osmundson, Community Center
Manager Topitzhofer, and Assistant Fire Chief Mike Reese.
Mayor McMenomy lead the group in the Pledge of Allegiance.
Additions to the Agenda were: Item 9.i. Wensmann Rezoning; Item
9.j. Fitness Equipment Purchase (pulled from Consent); and Item
10. d. Resignation of James "Red" Staats from the Port Authority
Commission.
Assistant Fire Chief Mike Reese reported on the donation from
Koch Refinery toward the building of a Fire Safety House. This
is an educational trailer that can travel to schools and
neighborhoods to teach about fire prevention. The Assistant Fire
Chief at Koch Refinery, Pete Herpe, noted how the first Fire
Safety House was built in River Falls, Wisconsin about eight
years ago and how successful it has been. The education provided
has proven to save lives. Mayor McMenomy thanked the
representatives from Koch Refinery for the donation. Council
appreciated the support to the community.
Councilmember Busho asked that a plaque be sent to Koch Refinery
for their support as a thank you.
MOTION by Wippermann to approve the Consent Agenda pulling Item
4.o. Fitness Equipment Purchase for discussion. Second by
Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson.
Nays: None.
City Engineer /Assistant Public Works Director Osmundson reported
the resignation of Douglas Aldrich, who has accepted a higher
paying job in a neighboring city. Osmundson recommended hiring a
Maintenance Mechanic II to replace this position. The
requirements are higher and this would help retain someone in the
position for a longer period of time. The hiring schedule would
provide for someone to start in early June.
MOTION by Staats to approve the revised job description and
authorize the posting and advertisement for a Level II
Maintenance Mechanic Position. Second by Anderson. Ayes:
McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None.
City Engineer /Assistant Public Works Director Osmundson explained
the need for a joint meeting with the Utilities Commission. The
purpose is to investigate the sanitary sewer and water user
rates.
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 19, 1994
MOTION by Staats to set a Special Joint Meeting between the City
Council and the Utilities Commission for the purpose of
discussing sewer and water user rates on May 9, 1994, at 6:30
p.m. in the Council Chambers. Second by Wippermann. Ayes:
Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None.
City Administrator Tom Burt has met individually with each City
Councilmember in his first month of employment. Each
Councilmember expressed the need to set goals. Two sessions are
recommended, preferably a Friday evening and a full Saturday.
MOTION by McMenomy to authorize staff to enter into an agreement
with The Brimeyer Group for team building and goal setting with
the dates to be determined at a later time. Second by
Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy,
Staats. Nays: None.
MOTION by McMenomy to accept the resignation of Port Authority
Commissioner James "Red" Staats from the Commission effective
immediately and begin replacement proceedings as scheduled by
staff. Second by Wippermann. Ayes: Anderson, Wippermann,
McMenomy, Staats, Busho. Nays: None.
Councilmember Anderson discussed the fitness equipment purchase
for the Community Center fitness room. Anderson noted that there
is a deficit in the funds at this time and the liability factor
should be clearly defined. Community Center Manager Topitzhoter
noted that the strength building equipment has been used in the
past by the police department but because of space shortages at
city hall had to be stored for the past two years. The expense
is for aerobic equipment needed for a complete physical workout.
Everyone using the fitness room would require an orientation with
the equipment. Topitzhofer expressed the desire of the Community
Center Commission to have an "up and running" fitness room for
the Grand Opening on May 22, 1994. This will be a revenue making
addition to the Center and it would benefit that interest to
display all the equipment at the Grand Opening. The Commission
is looking at the fees, a wellness proposal for city staff, and
liabilities.
Because of the time, 8:00 o'clock, and the need to start the
public hearings, Council tabled the fitness equipment purchase
discussion to continue later in the evening. Council took a two
minute break.
The meeting was resumed at 8:02 p.m. and Mayor McMenomy reviewed
the public process for public hearings for the audience.
Mayor McMenomy opened the Public Hearing for consideration of the
U.S.P.C.I, Inc. request for a Zoning Text Amendment and an
Interim Use Permit Amendment, both of which are necessary to
allow U.S.P.C.I., Inc. co store ash at the Minnesota Industrial
Containment Facility (MICF). The recording secretary noted that
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 19, 1994
the Affidavits of Published, Mailed, and Posted Notices were on
file.
Public Works Director /Building Official Wasmund gave a staff
overview, history, and current information on the U.S.P.C.I, Inc.
request to deposit ash in their Rosemount facility, Minnesota
Industrial Containment Facility (MICF). The addition of the ash
material would provide U.S.P.C.I. with a broader market to obtain
revenues. The Minnesota Pollution Control Agency (MPCA), Dakota
County, and Barr Engineering, a consulting engineering company,
have not designated ash as hazardous waste, but have labeled it
as "special" waste material until further information can be
accumulated. Many other substances are also on this list. There
are specific design standards that must be adhered to specified
by MPCA for storage of ash. Prior to 1992 there were no
regulations regarding ash in Minnesota. The MICF would have to
build a "P" cell to handle the ash. This "P" cell design is used
for hazardous waste material. This request by U.S.P.C.I is an
ordinance amendment and an amendment to the Interim Use Permit.
As part of her testimony, Sheila Klassen, 12430 Canada Court,
presented documents from the Minnesota Pollution Control Agency,
the Hennepin Energy Resource Corporation facility (HERC), Barr
Engineering, and U.S.P.C.I. to support her argument that the
Municipal Solid Waste (MSW) ash from the HERC facility contains
hazardous levels of lead and mercury, that 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. Klassen also noted the city does financially benefit
from U.S.P.C.I, but asked Council not to be distracted by the
money issue when making its decision.
Many residents expressed concerns for any type of hazardous waste
being stored in Rosemount. Also representatives from the Clean
Water Action Alliance, Dakota County Citizens Alternative To
Burning, and some employed in the industrial eastern part of
Rosemount made comments against the storage of hazardous waste.
Harry Willcox presented a petition with 300 -500 signatures
against the amendment to add ash. Councilmember Anderson quickly
reviewed the petition and noted that there were eleven duplicate
signatures in the first two pages. The Clerk's File 1994 -12
contains a list of all who spoke at the meeting.
Many residents and businesses highly supported U.S.P.C.I.'s
request to store ash and commented at the meeting how much
benefit the Trust Fund has been to many Rosemount organizations.
Councilmember Busho took a firm stand against the U.S.P.C.I.
request to store ash because of the timing and lack of community
trust. The request is just two years into the five year
agreement and Busho felt the issue of ash would be more clearly
defined with a review at the end of the agreement time.
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 19, 1994
MOTION by McMenomy to adopt ORDINANCE NO. B -40, AN ORDINANCE
AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE text
amendment to allow ash to be stored at the MICF. Second by
Anderson. In support of his motion, McMenomy noted that (1) the
ash U.S.P.C.I., Inc. wished to place in the MICF was not
designated as hazardous by federal or state authorities; (2) in
any event, the storage of industrial ash would require permitting
by both the Minnesota Pollution Control Agency and Dakota County;
(3) U.S.P.C.I., Inc. was taking appropriate steps to make sure
the industrial ash would be stored in a highly secured cell; (4)
U.S.P.C.I., Inc. had been a good corporate member of Rosemount
and the addition of ash would assist U.S.P.C.I., Inc. in
broadening its storage market and generating additional revenues;
and (5) increasing U.S.P.C.I., Inc. revenues would increase
income through service charges and the trust account for the
benefit of the City of Rosemount.
Councilmember Busho asked for a review of the City's Code of
Ethics regarding conflict of interest. City Attorney Miles
provided a summary of the provisions of the Code of Ethics.
Councilmember Wippermann inquired as to whether U.S.P.C.I., Inc.
could be required to pay fees to the City for operation of the
MICF. City Attorney Miles responded that, under current law, the
City had no authority to require U.S.P.C.I., Inc. to provide
funds or charges to the City of Rosemount.
U.S.P.C.I., Inc. Senior Vice President Ken Jackson, stated that
U.S.P.C.I., Inc. had every intention of conintuing to pay fees in
the nature of service charges and monies into the City of
Rosemount USPCI Trust Account on a per -ton basis for all
materials stored at the MICF, so long as the MICF was in
operation. Mr. Jackson also indicated that, as Senior Vice
President, he was authorized to and was committing U.S.P.C.I.,
Inc. to the payment of service charges and trust account
deposits, so long as the MICF was in operation.
Councilmember Wippermann requested that Mayor McMenomy accept a
friendly amendment to condition approval of the proposed zoning
ordinance text amendment on U.S.P.C.I., Inc.'s voluntary
agreement to the provision of service charges and trust account
deposits, so long as the MICF was in operation. Mayor McMenomy
accepted Councilmember Wippermann's friendly amendment, as did
Councilmember Anderson, who made the second to the original
motion.
The motion to approve the zoning ordinance text amendment, as
amended, was brought to a vote on the basis of McMenomy's stated
reasons for the motion. Ayes: McMenomy, Staats, Anderson,
Wippermann. Nays: Busho, stating that she was concerned
regarding the lack of community trust.
MOTION by McMenomy to adopt A RESOLUTION APPROVING AN AMENDMENT
TO THE USPCI, INC., INDUSTRIAL CONTAINMENT FACILITY, INTERIM USE
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 19, 1994
PERMIT, again conditioned upon USPCI's voluntary agreement to
continue the provision of service charges and trust account
deposits, so long as the MICF remains in operation. Second by
Anderson. Ayes: Staats, Anderson, Wippermann, McMenomy. Nays:
Busho.
Mayor McMenomy called for a short break. The meeting was resumed
at 10:45 p.m.
Mayor McMenomy opened the Public Hearing for The Adventure Zone:
Interim Use Permit (IUP) for Commercial Outdoor Recreation.
The recording secretary noted that the Affidavits of Published,
Mailed, and Posted Notices were on file.
Assistant Planner Pearson reviewed the request by Brett Harvey
and Wayne Passon of The Adventure Zone to continue operation of
the Commercial Outdoor Recreation Use in the General Industrial
District. The Planning Commission recommends approval as this is
a transitional use.
MOTION by Wippermann to close the Public Hearing for the
Adventure Zone Commercial Outdoor Recreation Use. Second by
Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats.
Nays: None.
MOTION by Wippermann to adopt A RESOLUTION APPROVING THE
ADVENTURE ZONE 1994 INTERIM USE PERMIT WHICH SETS OUT THE
CONDITIONS FOR OPERATION OF THE PAINTHALL RECREATIONAL USE IN THE
GENERAL INDUSTRIAL DISTRICT. Second by Staats. Ayes: Busho,
Anderson, Wippermann, McMenomy, Staats. Nays: None.
Mayor McMenomy opened the Public Hearing for Splatball, Inc.
Interim Use Permit (IUP) for Commercial Outdoor Recreation Use.
The recording secretary noted that the Affidavits of Published,
Mailed, and Posted Notices were on file.
Jim Lathrup of Splatball, Inc. is requesting approval to continue
operation of a Commercial Outdoor Recreation Use in a Agriculture
District. Assistant Planner Pearson reviewed the request.
MOTION by McMenomy to close the Public Hearing for Splatball,
Inc. Interim Use Permit for Commercial Outdoor Recreation.
Second by Wippermann. Ayes: Wippermann, McMenomy, Staats,
Busho, Anderson. Nays: None.
MOTION by Anderson to adopt A RESOLUTION APPROVING THE
SPLATBALL, INC 1994 INTERIM USE PERMIT WHICH SETS OUT THE
CONDITIONS FOR OPERATION OF THE PAINTBALL RECREATIONAL USE IN THE
AGRICULTURAL DISTRICT. Second by Staats. Ayes: McMenomy,
Staats, Busho, Anderson, Wippermann. Nays: None.
Mayor McMenomy opened the Public Hearing for Hinzman Addition
Preliminary Plat /Final Plat. The recording secretary noted that
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 19, 1994
the Affidavits of Published, Mailed, and Posted Notices were on
file.
Assistant Planner Pearson reviewed the request of Lisa Hinzman to
subdivide a 6.52 acre parcel into two rural residential lots.
The property is located north of 130th Street West between
Biscayne and Bengal Avenues and zoned Rural Residential District.
The Planning Commission recommends approval of the subdivision.
Ms. Hinzman noted that the potential buyers intend to keep the
lot wooded as it is now, only removing trees to site the house.
Neighbors expressed concern about over building the area.
Pearson noted that this request is within Rosemount's
Comprehensive Guide Plan restrictions for density in a rural
residential area.
MOTION by McMenomy to close the Public Hearing for the Hinzman
Addition Preliminary Plat /Final Plat. Second by Wippermann.
Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays:
None.
MOTION by McMenomy to adopt A RESOLUTION APPROVING THE
SUBDIVISION FOR HINZMAN ADDITION. Second by Wippermann. Ayes:
Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None.
City Administrator Tom Burt explained the concept of Local Effort
Funding in respect to the Rosemount Village Square. The value of
the shopping center needs to be set. Fiscal disparities would
indicate the City would lose some of the new taxes generated.
Dakota County has not approved the City's request for financing
of road improvements. Without the commitment of the County we
are not able to know how long the taxes would be diverted to pay
for the improvements. Burt recommended that more certain
information is needed before Local Effort Funding take place.
Assistant Planner Pearson noted that Carlson Properties of
Rosemount, Inc., is requesting final plat approval for Rosemount
Village Square. The Planning Commission reviewed the final plat
and an early draft of the Planned Unit Development on April 12,
1994 and recommends its approval. Discussion followed regarding
STAC charges, Wachter Pond, and the need for turn lanes.
Representatives of Carlsons Properties and several other
businesses and residents commented in support of the shopping
center development.
MOTION by Wippermann to table action on the Rosemount Village
Square Final Plat and Development Agreement and direct staff to
negotiate with the developer and return to the next meeting.
Second by Anderson. Ayes: Anderson, Wippermann, Staats, Busho.
Nays: McMenomy.
City Administrator Burt researched the possibility of the City
Staff providing labor for parking lot improvements. Liability is
a problem and it could set a precedence for future requests on
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 19, 1994
private property. The Port Authority is directed to continue to
look at ways to redevelop the downtown and have parking as a
primary concern.
Assistant Planner Pearson reviewed the Wensmann Sixth Addition
Final Plat and Development Agreement. The Planning Commission
recommends approval. A 20 foot wide easement will be provided
along CSAH 42 for accommodation of a bike path.
MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL
PLAT FOR WENSMANN SIXTH ADDITION and authorizing the execution of
the Wensmann Sixth Addition Planned Unit Development Agreement.
Second by Busho. Ayes: Wippermann, McMenomy, Staats, Busho,
Anderson. Nays: None.
MOTION by Wippermann to adopt ORDINANCE B -41 AN ORDINANCE
AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE which
provides for the rezoning of the Wensmann Sixth Addition from
Agriculture to R -1 Single Family Residential (detached) and R -2
Single Family Attached. Second by Busho. Ayes: McMenomy,
Staats, Busho, Anderson, Wippermann. Nays: None.
Further discussion took place on the purchase of fitness
equipment for the Community Center. Topitzhofer noted that the
Center does have a million dollar policy intact for liability in
the operation of the facility. Fitness is considered a
recreation program. Wippermann noted it would be wise to have
the fitness room ready for the Grand Opening.
MOTION by Wippermann to approve purchases for aerobic equipment
for the Community Center from account 427 48000 -01 -580. Second
by Staats. Ayes: Staats, Busho, Wippermann. Nays: Anderson,
McMenomy.
City Engineer Osmundson reviewed the plans and specifications for
Shannon Hills 6th Addition, City Project 251. The feasibility
report was accepted by City Council at the February 1, 1994
meeting. Bid opening date is set for May 13, 1994, 10:00 a.m.
MOTION by Wippermann to adopt A RESOLUTION RECEIVING PLANS AND
SPECIFICATIONS /AUTHORIZING ADVERTISEMENT OF BIDS, SHANNON HILLS
6TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 251.
Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy,
Staats. Nays: None.
City Engineer Osmundson presented City Project 248, Shannon Pond
3rd Addition and City Project 242, West Ridge 5th Addition which
will be done jointly. The bid opening will be held May 13, 1994
at 10:30 a.m.
MOTION by Staats to adopt A RESOLUTION RECEIVING PLANS AND
SPECIFICATIONS /AUTHORIZING ADVERTISEMENT OF BIDS FOR SHANNON POND
3RD ADDITION, CITY PROJECT 248, AND WEST RIDGE 5TH ADDITION, CITY
PROJECT 242, STREET AND UTILITY IMPROVEMENTS. Second by Busho.
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 19, 1994
Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays:
None.
City Engineer Osmundson reviewed City Projects 253 and 254 for
O'Leary's Hills 7th and 8th Additions for street and utility
improvements. The bid opening will be held May 13, 1994, at
11:00 a.m.
MOTION by Anderson to adopt A RESOLUTION RECEIVING PLANS AND
SPECIFICATIONS /AUTHORIZING ADVERTISEMENT OF BIDS, O'LEARY'S HILLS
7TH AND 8TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY
PROJECT 253 254. Second by Staats. Ayes: Wippermann,
McMenomy, Staats, Busho, Anderson. Nays: None.
Assistant Planner Rick Pearson reviewed the request by Steve
Fiterman, President of Ground Development, Inc. for final plat
approval of Shannon Hills 6th Addition. This is the final phase
of the Shannon Hills Residential Planned Unit Development with 30
single family lots.
MOTION by McMenomy to adopt A RESOLUTION APPROVING THE SHANNON
HILLS 6TH ADDITION FINAL PLAT and authorizing the execution of
the Shannon Hills 6th Addition Development Agreement. Second by
Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann.
Nays: None.
Councilmember Busho reminded Council of the Shamrock Award Dinner
Saturday night. Also, the Rosemount Community Center was
mentioned in the Cities Magazine, good job staff!
MOTION by McMenomy to adjourn. Second by Wippermann. Ayes:
Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. The
meeting was adjourned at 1:05 a.m.
ATTEST:
Respectfully submitted,
Linda Jentink
Recording Secretary
Thomas D. Burt
City Administrator
The City Council Agenda Packet is Clerk's File 1994 -12.
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 3, 1994
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, May 3, 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 Councihnembers Wippennann,
Anderson, Staats, and Busho present. Staff present included: City Attorney Miles, City
Administrator Burt, Assistant Planner Pearson, Public Works Director Wasmund, City
Engineer Osmundson, and Parks Recreation Director Bechtold.
Mayor McMenomy lead the group in the Pledge of Allegiance.
Items 6.f. Housing Maintenance Ordinance and 6.g. Tree Preservation Ordinance under
New Business were added to the agenda by Councilmember Wippennann. Mayor
McMenomy requested an update on the schedule for 145th Street West improvements.
Penny Butler represented Dakota Alliance for Prevention and gave a presentation
emphasizing the need for male role models, support, guidance. and ability to listen to your
children. Butler said the potential in children for good is there but with the many drug
problems and conflicts more help is needed. Butler thanked the City Council for their
support and Council also thanked Ms. Butler for her involvement.
Parks Recreation Director Bechtold reported on the Arbor Day program and the Tree City
USA award. Mayor McMenomy read The Arbor Day Proclamation. May 18, 1994 a Arbor
Day program will be held at Jaycee Park at 7:00 p.m.
MOTION by McMenomy to proclaim the last Friday of April as Arbor Day and the month
of May to be Arbor Month and to officially accept the Tree City USA award which will be
so noted on the plaque located in the Council Chambers. Second by Wippemtann. Ayes:
Staats, Busho, Anderson. Wippennann, McMenomy. Nays: None.
Public Works Director /Building Official Wasmund noted that Dakota County and Rosemount
had received an honorable mention award from the National Recycling Coalition. Los
Angeles received the award with Dakota County just missing the honor by a very small
margin. This recognition is for the comprehensive curb side recycling collection system, the
aggressive procurement program of recycled and reused materials and composting program.
Forty percent of all Dakota County refuse is recycled. We should be proud of our residents
willingness to participate.
MOTION by Wippermann to approve the Consent Agenda with the noted amendments to the
minutes of May 3, 1994. Second by Busho. Ayes: Busho, Anderson, Wippennann.
McMenomy, Staats. Nays: None.
Assistant Planner Pearson reviewed the Leroy Mullikin subdivision request at 4060 145th
Street West. The Planning Commission approved the lot split at their April 5, 1994 meeting.
The new lot meets all the ordinance standards for a comer lot.
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 3, 1994
MOTION by McMenomy to adopt A RESOLUTION APPROVING THE SUBDIVISION
FOR MR. LEROY MULLHCIN AT 4060 145th STREET WEST. Second by Staats.
Ayes: Anderson. Wippennann, McMenomy, Staats, Busho. Nays: None.
City Administrator Burt reviewed the Rosemount Village Square Development. City staff
has niet with Carlson Properties and negotiated the issues in the development agreement.
The proposed turn lanes off of CSAH 42 will be addressed with a feasibility report later in
the agenda. Discussion ensued. Wippennann noted he did not agree with the waiver of
some of the STAC charges and Busho agreed also.
MOTION by McMenomy to adopt A RESOLUTION FOR ROSEMOUNT VILLAGE
SQUARE APPROVING THE FINAL PLAT and authorizing the execution of the
Subdivision Planned Unit Development Agreement for Rosemount Village Square which
will include City Engineer Osmundson's memo detailing the STAC charge in the amount of
$23,576.98. Second by Anderson. Ayes: McMenomy, Staats, Anderson. Nays:
Wippennann, Busho.
City Engineer Osmundson presented an Adopt -A- Street program. Information from the parks
department on the Adopt -A -Park program helped pulled the program together quickly. This
program would help encourage groups to take pride in their community. Signs could be
posted naming a group for a section of street. Council suggested that a charge for the sign
only, not the labor, he made to an interested group. The program should be ready to start
June 1, 1994.
MOTION by Wippennann to establish an "Adopt -A- Street" program in the City of
Rosemount. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann.
Nays: None.
City Engineer Osmundson reviewed City Project 245, 145th Street Improvements. There are
some easements needed for the utilities. If these are not received prior to June 7 the award
of contract will have to be delayed. A quick take method was discussed.
MOTION by McMenomy to adopt A RESOLUTION APPROVING THE PLANS AND
SPECIFICATIONS AND AUTHORIZE THE ADVERTISING OF BIDS FOR 145TH
STREET IMPROVEMENTS, CITY PROJECT NO. 245. Second by Anderson. Ayes:
Staats, Busho, Anderson, Wipperntann, McMenomy. Nays: None.
City Engineer Osmundson introduced Brian Bourassa, P.E., from OSM Engineering who
gave an overview of the feasibility report for the Wachter 186 A Outlet, City Project 257.
This is in the area of Carrollton 4th and Edwin Rahn Addition. This would be a 21 inch
stonn drain which would provide a second outlet for this area and would be approximately
1800 feet long. This would help the drainage there which has in the past threatened some
homes with flooding. The estimated project cost is $150,000 which would be funded from
the Stornt Core Fund.
ROSEMOUVT CITY PROCEEDINGS
REGULAR MEETING
MAY 3, 1994
MOTION by Anderson to adopt A RESOLUTION RECEIVING THE FEASIBILITY
REPORT, ORDERING THE PROJECT, AND AUTHORIZING THE PREPARATION
OF PLANS AND SPECIFICATIONS FOR WACHTER 186A OUTLET
IA'IPROVENIENTS, CITY PROJECT 257. Second by Wippermann. Ayes: Busho,
Anderson, Wippennann, Staats. Nays: McMenomy.
Assistant Planner Pearson reviewed the lot split request from Richard Cliff, 12523 Akron
Avenue, to create a 2.5 acre lot for his daughter. Nancy. The Planning Commission
recommended its approval. The lot meets minimum standards for lot width, area and overall
maximum density.
MOTION by Wippermann to adopt A RESOLUTION APPROVING THE
AGRICULTURE LOT SPLIT FOR RICHARD AND NANCY CLIFF. Second by Staats.
Ayes: Anderson, Wippennann, McMenomy, Staats. Busho. Nays: None.
City Engineer Osmundson noted that the predicted increased traffic due to the proposed
development in the South Rose Park Replat area necessitates a feasibility study on CSAH 42
between Chippendale Avenue and Canada Avenue. The feasibility study will investigate how
to finance the project as well.
MOTION by McMenomy to adopt A RESOLUTION ORDERING THE PREPARATION
OF A FEASIBILITY REPORT FOR TURN LANES ON CSAH 42 AND CANADA
AVENUE, CITY PROJECT 258. Second by Staats. Ayes: McMenomy, Staats, Busho,
Anderson. Nays: Wippernann.
Public Works Director Wasmund reported on the 1994 Spring Clean Up Day scheduled for
May 21. 7:30 a.m. to 2:00 p.m. About 83 tons of trash and recyclables are collected
annually. Also this year, fishing tackle and equipment will be recycled for a children's
program, Tackle for Tomorrow. The City-Wide Garage Sale will be held May 13 14 with
over 100 households participating.
MOTION by Wippennann approving the Spring Clean Up Day for May 21, 1994 with
expenditure for costs including a $100 donation to the Explorer Scouts to be made from 101-
41110 -01 -317. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson,
Wippennann. Nays: None.
City Engineer Osmundson noted the proposed development by CMC Heartland for residential
homes in the area of Biscayne Avenue, south of 145th Street and north of CSAH 42. This
indicates that a feasibility study should be done for stonnwater drainage in Section 29. CMC
Heartland will be requested to provide escrow to assist in paying for the report.
MOTION by McMenomy to adopt A RESOLUTION ORDERING THE PREPARATION
OF A FEASIBILITY REPORT FOR SECTION 29 STORM DRAINAGE
IMPROVEMENTS. Second by Wippennann. Ayes: Staats, Busho, Anderson,
Wippermann, McMenomy. Nays: None.
3
ROSE1 'IOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 3, 1994
City Engineer Osmundson reviewed a petition request from residents in the Carrollton
Additions for additional signage to insure better safety for children in the area. Engineering
staff studied the area and determined some new signage. The best way to control speed of
vehicles is by enforcement of the speed limits by the police department.
MOTION by Anderson to adopt A RESOLUTION ESTABLISHING YIELD SIGNS ON
CRESTVIEW AVENUE AT 149TH STREET AND ON 147TH STREET AT
COVINGTON AVENUE. Second by Staats. Ayes: Busho, Anderson, Wippennann,
McMenomy. Staats. Nays: None.
Councilmember Wippermann requested that staff take a look at the possibility of having a
Housing Maintenance Ordinance in Rosemount. Wippennann suggested checking with other
communities. City Administrator Burt said that with an ordinance would come the need for
code enforcement and additional staff. Such ordinances usually set up a minimum level of
maintenance and encourage pride in ones property. The Economic Development Intern could
start to develop this policy. Public Works Director Wasmund noted that a "graffiti"
ordinance is also being looked at.
Councilmember Wippermann mentioned that a Tree Preservation Ordinance might be in
order. Wippermann noted that possibly this is being handled through the Parks Recreation
Department, but consideration for the entire city should be made.
Assistant Planner Pearson noted the upcoming meetings on the Metropolitan Council
Regional Blueprint Draft public hearing (May 19, 7 p.m.) and the Scoping Environmental
Assessment Worksheet and Draft Scoping Decision Document (May 12. 1994, 7 p.m.) for
the proposed new airport sited in Hastings. Both meetings can have an immense impact on
the City of Rosemount and Councibnembers were encouraged to attend or participate.
City Administrator noted the dates for the approved goal setting session. Council discussed
the best date and concluded that the goal setting session would be July 8 -9, 1994. Further
information will be presented at a later time.
MOTION by McMenomy to adjourn. Second by Wippermann. Ayes: Anderson,
Wippennann, McMenonry. Staats, Busho. Nays: None. The meeting was adjourned at
9:15 p.m.
ATTEST:
Respectfully submitted,
ri t.Et`et---
Linda Jentink, Recording Secretary
Thomas D. Burt
City Administrator
The City Council Agenda Packet is Clerk's File 1994 -13.
4
1
1
Pursuant to due call and notice thereof a special meeting of the Rosemount City Council and
the Rosemount Utility Commission was duly held on Monday. May 9. 1994 at 6:30 p.m. in
the Council Chambers at City Hall, 2875 145th Street West.
Mayor McMenomy called the meeting to order with Councilmembers Wippermann,
Anderson, Busho and Commissioners Mulhern, Walsh and Oxborough present.
Councihnember Staats was absent. Staff present included: City Administrator Burt, City
Public Works Director Wasmund, Engineer Osmundson. Finance Director May, and
Accountant Korpela.
Mayor McMenomy lead the group in the Pledge of Allegiance.
ROSEI IOUNT CITY PROCEEDINGS
SPECIAL MEETING
MAY 9, 1994
Osnu presented a five (5) year plan for improvements and repair to the sewer /water
system /structure.
Dave Simons, from SEH Inc., made a presentation to the Council /Commission information
regarding sewer /water service consumption for past use and future projections; including
existing rates versus proposed rates.
MOTION by McMenomy to approve the rates and direct staff to bring the appropriate
resolution to the next Council meeting. Second by Wippermann. Ayes: 7. Nays: 0.
MOTION by Busho to adjourn the meeting. Second by Wippermann. The meeting was
adjourned at 8:12 p.m.
ATTEST:
Thomas D. Burt
City Administrator
This City Council Agenda is Clerk's File 1994 -13A.
Respectfully submitted,
Maryann Sto° el
Recording Secretary
1
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 Tuesday, May 17, 1994 at 8:00 p.m. in the Council Chambers at City Hall,
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 Wippennann present. Staff present included: City Attorney Miles, City
Administrator 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 Old Business, 5.d. and the Item
5.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 Heads Reports. Item 3. b.
Mayor McMenomy proclaimed that the week of May 15 through May 21 is National Public
Works Week in the City of Rosemount. It is the IOOth 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 incinerator 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 State Representative 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 Administrator 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.
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 17, 1994
Klassen's statement is as follows: "As part of her testimony, Sheila Klassen, 12430 Canada
Court, Rosemount, Minnesota, presented documents from the Minnesota Pollution Control
Agency (MPCA), the Hennepin Energy Resource Corporation (HERC), Barr Engineering,
and U.S.P.C.I. to support her argument that the Municipal Solid Waste (MSW) 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 financially benefit from
U.S.P.C.I., but asked Council not to be distracted by the money issue when snaking 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 he 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 therm to determine the levels
which determine if a substance is hazardous or not.
MOTION by McMenomy to correct the second paragraph 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: Wippermann, McMenomy, Staats, Busho, Anderson. Nays:
None.
MOTION by Wippermann to approve the Consent Agenda with amendments to the May 1
1994 minutes and pulling Item 4.j. 145th Street Eminent Domain Proceedings. Second by
Staats. Ayes: McMenomy, Staats, 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 5th 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
BEING OBTAINED FOR WEST RIDGE 5TH ADDITION AND SHANNON POND
3RD ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT
NUMBERS 242 AND 248. Second by Staats. 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'Leary's Hills 8th Addition. Consideration to re -hid will be made in
the near future.
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 finance a new fire
station and an aerial truck in May, 1993, and the Fire Department's dedication to improve
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 10th deadline for
volunteers to apply and the appointment of the task force members by City Council on June
21, 1994. Second by Staats. Ayes: Busho, Anderson. Wippermann, McMenomy, Staats.
Nays: None.
City Administrator Burt reviewed the Request for Proposal for Legal Services. The contract
with Fluegel. Moynihan and Miles, P.A. expired on January I, 1994. It was extended for
six months and is continuing on a month by month basis. It is reconunended to have the
Request for Proposals submitted on June 17, 1994 and presented to Council on July 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, Wippennann. 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 noted
that this is near the Total Station on Hwy 3 which in January of 1970 completed 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 snake comments.
MOTION by McMenomy to adopt A RESOLUTION SETTING A PUBLIC HEARING
VACATION FOR A PORTION OF LOWER 147111 STREET on June 7, 1994, at 8:00
p.m. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, 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 confer
of Chippendale Avenue and 145th Street. This is not a subdivision; it will not create a new
lot for residential use.
3
Councilmember Busho noted that it would be better if the Planning Commission had 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, Wipperniann.
Councilmember Anderson noted she would be absent for the second meeting in June.
Councilmember Busho noted that the League of Minnesota Cities Convention will be June 7
June 10. Wipperrnann, Busho. and Anderson plan to attend.
MOTION by McMenomy to adjourn. Second by Anderson. Ayes: Staats, Busho,
Anderson, Wippermann, McMenomy. Nays: None. The meeting was adjourned at
8:58 p.m.
ATTEST:
Thomas D. Burt
City Administrator
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 17, 1994
Respectfully submitted,
Linda Jentink
Recording Secretary
The City Council Agenda Packet is Clerk's File 1994 -14.
4
1
1
1
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
,JUNE 1, 1994
Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was
duly held on Wednesday, June 1, 1994 at 5:15 p.m. in the Council Chambers at City Hall,
2875 145th Street West.
Mayor McMenomy called the meeting to order with Councilntembers Anderson,
Wippermann, Staats and Busho present and City Administrator Torn Burt.
Mayor McMenomy lead the group in the Pledge of Allegiance.
The purpose of the meeting was to interview applicants for a position on the Port Authority
commission. The applicants interviewed were: Sheila Klassen, Renee Stevenson, James
Ahern, Joseph "Ole" Tranby, and Norm Miller.
MOTION by McMenomy to appoint Norm Miller to the Port Authority Commission.
Second by Anderson. Ayes: Anderson, Wippennann, McMenomy, Staats, Busho. Nays:
None.
MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: All.
ATTEST:
E.B. McMenomy
Mayor
Respectfully submitted,
Thomas D. Burt
City Administrator
The City Council Agenda Packet is Clerk's File 1994 -15.
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 7, 1994
Pursuant to due call and notice thereof a regular meeting of' the Rosemount City Council was
duly held on Tuesday, June 7, 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 and Busho
present. Wippemtann and Staats were absent. Staff present included: City Attorney Miles,
City Administrator Burt, Public Works Director Wasmund, City Engineer Osmundson,
Assistant Planner Pearson, Parks and Recreation Director Bechtold, Police Chief Knutsen,
Finance Director May, and Finance Consultant Dan O'Neill.
Mayor McMenomy lead the group in the Pledge of Allegiance.
Additions to the agenda were as follows: Update on Fire Service Task Force, Item 6.d.;
Review of Dan Lockler Pond Issue. Item 6.e.; and Items 7.g. Purchasing Policy F -1 was
pulled to be reviewed at the next regular Council meeting.
Finance Director May introduced Roger Schanus. Certified Public Accountant for
Boeckenuann Heinen Mayer who did the audit for 1993 for the City of Rosemount.
Schanus reported that the budgeted expenses were under- spent. the Community Center
showed a small loss, and more revenue was brought in than was expected. The Mayor asked
to Schanus to grade the City, A F. Schanus replied that the Fund Balance Reserves would
be a B+ with some room for improvement: the budgeting would get an A, and the
Enterprise Funds such as Utilities Fund are doing good. and the Capital Projects Funds are
doing well.
MOTION by Busho to approve the Consent Agenda. Second by Anderson. Ayes: Busho,
Anderson, McMenomy.
City Engineer Osmundson noted that in order to receive the bids and award the contract for
the 145th Street Reconstruction project. a 4/5 vote by City Council is required. Because of
the two excused councilntemhers absences this majority vote would not be possible.
MOTION by McMenomy to table Item 6.a. Receive Bids /Award Contract for 145th Street
Reconstruction. City Project 245. Second by Busho. Ayes: Anderson, McMenomy, Busho.
Mayor McMenomy suggested a special City Council meeting be arranged as soon as possible
to keep this project on track and any other business caused not to move forward tonight.
City Administrator Burt said he would arrange a special meeting.
City Engineer Osmundson reviewed City Project 251, Shannon Hills 6th Addition. The bids
were received on May 27, 1994, ranging from $302,816.80 to $392,429.43. The low bid
received and recommended is from Hennen Construction Company.
MOTION by McMenomy to adopt A RESOLUTION RECEIVING BIDS AND
AWARDING CONTRACT FOR SHANNON HILLS 6TH ADDITION STREET AND
UTILITY IMPROVEMENTS, CITY PROJECT 251. Second by Anderson. Ayes:
McMenomy, Busho, Anderson. Nays: None.
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 7, 1994
City Engineer Osmundson reviewed the replacement and selection of the Mechanic 11
position.
MOTION by Busho to authorize the hiring of Alan Ryg as Mechanic 11 beginning on June
27, 1994, subject to the passing of the pre employment physical and driver's license check.
Second by Anderson. Ayes: Busho, Anderson, McMenomy. Nays: None.
City Administrator Butt gave an update on the Fire Service Task Force. Articles were
published in three of the local papers for volunteers on this committee, however, only four
people have applied. Burt encouraged City Council to contact and encourage anyone they
felt would he interested and willing to meet on this issue. The deadline for applicants is
Friday, June 10, 1994.
Mayor McMenomy had been contacted by Dan Lockler on the ponding issue by his home,
2187 128th Street. City staff needs easements from other property owners in the area in
order to allow storm water drainage away from Dan Lockler's property. Not all property
owners are in agreement with this solution. City Engineer Osmundson said even with this
additional outlet it could not be insured that there would never be a flooding problem.
Council asked that a list of the affected homeowners be given to Council at the next meeting
with an update.
City Engineer Osmundson reported that Boyd Bailey, Engineering Technician, has resigned
effective June 6, 1994. He has accepted a position with the engineering consulting firm of
Toltz, King, Duvall and Anderson, and we wish him well. The job description includes the
ADA requirements. Staff recommends beginning the application review and interview
process to be brought back to City Council July 19, 1994. This is a very busy time so the
need to fill this position as soon as possible is of the utmost importance.
MOTION by Anderson to receive the resignation, approve the revised job description and
authorize the posting and advertisement for an engineering technician position. Second by
McMenomy. Ayes: Anderson, McMenomy, Busho. Nays: None.
City Engineer Osmundson noted that the lift station outlet request by the Independent School
District 196 effects property pnntarily owned by the City. This would then require a 4/5
vote by Council which cannot be done this evening.
MOTION by McMenomy to table Item 7.b. Receive a Petition and Order a Feasibility
Report for Schwarz Pond Outlet. Second by Busho. Ayes: McMenomy, Busho, Anderson.
Nays: None.
Public Works Director Wasmund introduced a new position, Code Enforcement Intern.
Rosemount's housing stock is mixed evenly with old and new structures. Staff is looking
into a Housing Maintenance Code as requested by City Council with the use of an intern for
1994 as budgeted for, and recommending budgeting for a full -time Code Enforcement
Officer in 1995.
2
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 7, 1994
Councilmember Busho noted the varied jobs this position would provide for: development
process. tree preservation, zoning code enforcement, housing maintenance codes, marketing
for the Rosemount Business Park, site inspections for zoning compliance, and ordinance
revisions and research. Councilmember Anderson noted this would he for commercial
property as well.
MOTION by Anderson authorizing the hiring of an Intern for Code Development and
Enforcement with payment to come from account 101- 41910 -99 -103. Second by Busho.
Ayes: Busho, Anderson, McMenomy. Nays: None,
Mayor McMenomy opened the Public Hearing at 8:02 p.m. for the right -of -way vacation for
a portion of Lower 147th Street. The Mayor reviewed the public process for public hearings
for the audience. The recording secretary noted that the Affidavits of Published, Mailed, and
Posted Notices were on file.
City Engineer Osmundson reviewed the request by Paul Vorwerk, 3005 Lower 147th Street
to vacate a street easement of Lower 147th Street which is no longer needed by the City.
Attorney Miles advised that Mr. Vorwerk's parcel can proceed this evening but the two other
parcels were in effect a "house cleaning" task petitioned by the City and therefore cannot
proceed without a 4/5 vote of City Council. This action was requested when the title
company did a search for the sale of this property. The resolution was amended to include
only Mr. Vorwerk's lot.
Colleen Oxborough, 14690 Cameo Avenue, asked what the zoning was for these lots. A
short break was taken at 8:10 p.m. to quickly researched this and it was found that they the
lots are zoned C -2 Commercial, but have a residential use. The City has no intention of
changing the residential use as now used.
Robert Thompson, 3005 Lower 147th Street, asked how he was able to buy seven years ago
a home on a commercial lot? Staff replied that sales are not affected by zoning.
Administrator Burt further explained that the hone owner or the City can petition at any
time. Assistant Planner Pearson said the State of Minnesota does provide rights for the
owner to support a residential use of land.
MOTION by McMenomy to close the Public Hearing for the Vacation of Right -Of -Way for
a Portion of Lower 147th Street identifying it as the easterly 49.68 feet of the south 27 of
Township 115, Range 19. Second by Anderson. Ayes: McMenomy, Busho, Anderson.
Nays: None.
MOTION by Anderson to adopt A RESOLUTION CAUSING A RIGHT -OF -WAY
VACATION IN AUDITOR'S SUBDIVISION NO. 1 IN THE CITY OF ROSEMOUNT
for the east 49.68 feet of the southern 27 '/2 feet of Township 115, Range 19, in the City of
Rosemount. Second by McMenomy. Ayes: McMenomy, Busho, Anderson. Nays: None.
Item 7.c. approving an ordinance pledging full faith and credit of the City for the Port
Authority 1994D Bond issue was recommended to be tabled by Finance Director May.
3
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 7. 1994
MOTION to table approving an ordinance pledging full faith and credit of the City for the
Port Authority 1994D Bond issue. Second by Busho. Ayes: Busho, Anderson,
McMenomy. Nays: None.
MOTION by McMenomy to table Items 7.d, 7.e., and 7.f.. After discussion with the City
Attorney the motion was withdrawn.
Finance Director May presented the I994A Bond Issue authorizing sale of General Obligation
Improvement bonds for six projects: City Protect 245, 145th Street Reconstruction Chili
Avenue to Cameo Avenue; City Project 242, West Ridge 5th Addition; City Protect 248.
Shannon Pond 3rd Addition; City Project 251, Shannon Hills 6th Addition; City Project 253,
O'Leary's Hills 7th Addition; and City Project 254, O'Leary's Hills 8th Addition. Bids
would be opened July 5, 1994, at 11:00 a.m.
MOTION by McMenomy to adopt A RESOLUTION PROVIDING FOR THE
COMPETITIVE NEGOTIATED SALE OF $1,605,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 1994A. Second by Busho. Ayes: McMenomy,
Busho, Anderson. Nays: None.
Finance Director May presented the 1994B Bond Issue authorizing issuance and setting the
bond sale for the funding of three projects: City Project 245, 145th Street Reconstruction
Chili Avenue to Cameo Avenue: City Project 251, Shannon Hills 6th Addition: and City
Project 257, Wachter 186A Outlet. Bids would be opened July 5, 1994, at 11:00 a.m.
MOTION by Anderson to adopt A RESOLUTION PROVIDING FOR THE
COMPETITIVE NEGOTIATED SALE OF $335,000 GENERAL OBLIGATION
STORM WATER REVENUE BONDS, SERIES 1994B. Second by Busho. Ayes:
Busho, Anderson, McMenomy. Nays: None.
Finance Director May presented the 1994C Bond Issue authorizing issuance and setting bond
sale for General Obligation State Aid Street Bonds for City Project 245, 145th Street
Reconstruction chili Avenue to Cameo Avenue. This issuance of bonds will enable the City
to complete this project and pay off the debt over time as the Minnesota State Aid funds
become available to us. Bids will be opened July 5, 1994, 11:00 a.m.
MOTION by Busho to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE
NEGOTIATED SALE OF $700,000 GENERAL OBLIGATION STATE AID STREET
BONDS, SERIES 1994C. Second by McMenomy. Ayes: Anderson, McMenomy, Busho.
Nays: None.
Finance Director May presented the new Investment Policy F -4 recommended for approval.
The policy addresses legal requirements and restrictions that must be followed when
investing City funds. It also establishes guidelines that staff can use when investing funds.
The policy is fairly conservative but allows us to invest in some additional methods that can
increase our interest earnings without placing greater risks on the funds of the City.
4
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 7, 1994
MOTION by Busho to approve Investment Policy F -4 with the addition of adding the City
Administrator position as being an "authorized party." Second by McMenomy. Ayes:
McMenomy, Busho, Anderson. Nays: None.
Assistant Planner Pearson presented the request from Ronald Enright, 12305 Chinchilla
Court, for a common lot boundary relocation. Mr. Enright owns two parcel next to each
other. One lot has a "pan- handle" type extension and this combination would square up each
lot with an area of 2.5 acres each. The Planning Commission reviewed the request on May
10, 1994 and recommends its approval.
MOTION by Busho to adopt A RESOLUTION APPROVING A COMMON LOT
BOUNDARY RELOCATION REQUEST FROM RONALD ENRIGHT. Second by
Anderson. Ayes: Busho, Anderson, McMenomy. Nays: None.
City Administrator Burt reviewed the process used to recommend the reorganization of the
city departments. Input was gathered from staff, City Council, and business and community
residents. The City Council emphasized the 'one stop shopping" needed for residents
corning to City Hall A Community Development Department will be created including
Building, Planning, and Economic Development. The Parks and Recreation and the
Community Center departments would combine to form one department. The organizational
charts are long range. with no immediate hiring to take place and as always any position
requested will go through Council approval.
One department head, the Parks and Recreation Director, will have to be laid off because of
this reorganization. Because his job was displaced, it is recommended that he receive two
months severance pay and outplacement services. It was noted that the Parks and Recreation
Director David Bechtold has brought the parks system through tremendous growth and has
helped implement many volunteer groups in the community. He will be missed by the Parks
and Recreation Commission, city staff, and the community.
Julie Brown, 13720 Danube Lane, wondered if the parks will suffer not having Director
Bechtold to keep track of them. She and her family enjoy the parks near their home and
expect them to be kept up.
Jerry Puciaty, 14901 Caulfield Circle, wished the Parks and Recreation Committee had been
asked for input on this reorganization. Director Bechtold has been instrumental in organizing
the Carroll's Woods Committee, Erickson Community Square, the Garden Club, and other
community groups.
Mayor McMenomy noted that City Administrator Burt had been hired with the primary task
of reaching an organization chart which would improve the structure and services provided
for the City. Administrator Burt assured the audience that the City would not be cutting
services to the Parks Department. The commissions of the City are advisory groups which
do not have hiring capacity.
5
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 7. 1994
John Howard, 14975 Cornfield Circle, commented that rather than displace the Parks and
Recreation Director he should have been offered a position within the City.
Renee Stevenson, 14600 Cameo Avenue, noted that great emphasis seems to be on the
Community Center and less on the parks system She asked that the park system not be
allowed to suffer.
Deanna Simpson. 3515 143rd Street, said she has worked with Director Bechtold many
years. He has done a lot of good things working with the community and she does not want
to see him go.
Director Bechtold asked of the Council why twelve years employment and twenty years
experience would not be consideration for a position within the city.
City Attorney Miles commented that the Data Practices Act demands that personnel matters
be determined in private. The City Administrator was hired to decide the best and most
efficient organizational development for the City and then City Council must decide to agree
with that or not.
City Administrator Burt commented that he truly did not believe the parks services would be
jeopardized at all. The City will be looking for the support of the Parks and Recreation
Committee and the residents to let staff know immediately if something needs attention.
There k very good volunteerism in parks and recreation and many good programs. The City
appreciates these and hopes they continue.
MOTION by McMenomy to approve the organizational structure and authorize the City
Administrator to implement the plan, including severance pay and outplacement for the
effected employee. Second by Anderson. Ayes: Anderson, McMenomy, Busho. Nays:
None.
Councilmember Anderson stated the Council has looked for structured improvements to the
city organization. Each person interviewed for the City Administrator position was asked
what change they would make with the structure of the departments and everyone said there
were two department heads for one department in the parks and community center. The goal
here is for the common good of the residents of Rosemount.
Councilmember Busho supported the City Administrator's recommendation for staffing. The
City does rely on the commissions for input and Council looks for the betterment of the City.
The priorities of City Council are to better city services and communication.
Mayor McMenomy supported the City Administrator's recommendation. A streamlining
effect was needed for the organization. He believes it is a sound management decision.
MOTION by McMenomy to adjourn. Second by Busho. Ayes: McMenomy, Busho,
Anderson. Nays: None. The meeting was adjourned at 9:15 p.m.
6
1
1
1
ATTEST:
Thomas D. Bu
City Administrator
The City Council Agenda Packet is Clerk's File 1994 -16.
7
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 7, 1994
Respectfully submitted,
Linda Jentink
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
JUNE 10, 1994
Pursuant to due call and notice thereof a special emergency meeting of the Rosemount City
Council was duly held on Friday, June 10, 1994 at 3:30 p.m. in the Council Chambers at
City Hall, 2875 145th Street West.
Acting Mayor Wippennann called the meeting to order with Councilmembers Anderson,
Staats and Busho present and City Administrator Tom Burt.
Acting Mayor Wippermann lead the group in the Pledge of Allegiance.
The purpose of the meeting was to complete items from the regular meeting of June 7, 1994
which the Council was unable to proceed with because a 4/5 vote was necessary.
City Administrator Burt reviewed the bids received for City Project 245, 145th Street
Reconstniction. The low bid was from B.H. Heselton in the amount of $647,006.00 which
was lower than the estimate.
MOTION by Wippermann to adopt A RESOLUTION RECEIVING BIDS AND
AWARDING THE CONTRACT FOR 145TH STREET RECONSTRUCTION, CITY
PROJECT 245, S.A.P. 208 103 -08. Second by Staats. Ayes: Wippennann, Staats,
Busho, Anderson. Nays: None.
City Administrator Burt reviewed the petition from Independent School District 196 for
public improvements, to control the water elevation of Schwarz Pond. The school has plans
for an auditorium addition to the Rosemount High School and the pond level does
periodically flood near this area. This project will become a City initiated project and will
require a 4/5 vote at each step of the Chapter 429 Improvement process.
MOTION by Wippermann to adopt A RESOLUTION RECEIVING THE PETITION
AND ORDERING THE FEASIBILITY REPORT FOR SCHWARZ POND DRAINAGE
IMPROVEMENTS, CITY PROJECT 259. Second by Staats. Ayes: Staats, Busho,
Anderson, Wippennann. Nays: None.
City Administrator Burt asked the City Council to consider a ordinance that pledges the
City's full faith and credit to the Port Authority's bond issue for the improvements in the
Rosemount Business Park. This allows the debt issued by the Port Authority to have the
"General Obligation" prefix added to their bonds.
MOTION by Anderson to adopt AN ORDINANCE AUTHORIZING THE ROSEMOUNT
PORT AUTHORITY TO PLEDGE TIIE FULL FAITH AND CREDIT OF THE CITY
TO GENERAL OBLIGATION BONDS. Second by Busho. Ayes: Busho, Anderson,
Wippennann, Staats. Nays: None.
City Administrator Burt explained the Port Authority has made a petition to construct
improvements in the first phase of the Rosemount Business Park.
MOTION by Busho to adopt A RESOLUTION RECEIVING THE PETITION FOR THE
ROSEMOUNT BUSINESS PARK PHASE 1 IMPROVEMENTS, CITY PROJECT 256.
Second by Wippermann. Ayes: Anderson, Wippermann, Staats, Busho. Nays: None.
1
1
MOTION by Busho to adjourn the meeting. Second by Staats. Ayes: Wippermann, Staats,
Busho, Anderson. Nays: None. The meeting was adjourned at 3:45 p.tn.
ATTEST:
Thomas D. Burt
City Administrator
Respectfully submitted,
Linda Jentink
Recording Secretary
The City Council Agenda Packet is Clerk's File 1994 -17.
2
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
JUNE 10, 1994
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, June 21, 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 Wippermann. Staats,
and Busho present. Councilmember Anderson was out of town. Staff present included:
City Attorney Miles, City Administrator Burt, City Engineer Osmundson. Assistant Planner
Pearson, Police Chief Knutsen, and Finance Director May.
Mayor McMenomy lead the group in the Pledge of Allegiance.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 21, 1994
Splattball Inc. requested to be put on the agenda for a discussion. Mayor McMenomy placed
this prior to the public hearings if possible, later if not. CMC Heartland Developers
presented Council with a set of the Eastbridge Master Plan neaps.
MOTION by McMenomy to have City Council proceed with the Closed Session regarding
McDonough litigation. Second by Wippermann. Ayes: McMenomy, Staats, Busho,
Wippennann. Nays: None.
The City Council retired to the Council Lounge at 7:33 p.m. for the Closed Session and
reconvened at 8:00 p.m. to continue the Regular City Council meeting.
MOTION by Wippermann to approve the Consent Agenda. Second by Staats. Ayes:
Staats, Busho, Wippermann, McMenomy. Nays: None.
Mayor McMenomy noted the procedure used for public hearings. The Mayor opened the
Public Hearing for the Eastbridge Planned Unit Development (PUD), Preliminary Plat and
Rezoning. The recording secretary noted that the Affidavits of Published and Posted Notice
were on file.
Assistant Planner Pearson gave an overview of CMC Heartland Partners request for a
residential development with 192 family Tots between County Road 42 and 145th Street West
along Biscayne Ave. The Planning Commission approved the Concept PUD on April 26.
1994, then at the May 24, 1994 meeting the Preliminary Plat and rezoning were discussed.
The Planning Commission recommended setting out conditions for Final Plat approval. The
conditions agreed on by City Council were as follows:
1) modification of the phasing plan to include direct access to Biscayne Avenue or 145th
Street West in the first phase;
2) provision of sidewalks and trails as specified by the Parks and Recreation Committee with
grading and seeding of the park at the time of initiation of the third phase with park
dedication fees to be paid for each phase at the time of final plat approval;
3) evidence of Developer ownership of the land included in the preliminary plat;
4) execution of an agreement with the CP Rail (Soo Line) providing for the relocation of the
railroad spur;
5) screening of all residential areas from highways and railroad lines subject to City staff
approval of planting strips that effectively screen the view and reduce noise levels;
6) proposed densities for the cluster housing and conceptual street accesses;
1
1
1
ROSEMOUNT CITY PROCEEDLNGS
REGULAR MEETING
JUNE 21, 1994
7) grading and utility plans and specifications approved by the city engineer; and
8) execution of the Eastbridge Planned Unit Development and Master Subdivision
Agreement.
9) outlot maintenance shall be the responsibility of the developer and will not be provided
for by the City; and
10) elimination of all references to variances for garage side yard setbacks and comer lot
street side yard setbacks.
Reid Hansen, Attorney for CMC Heartland, reviewed the development of Eastbridge.
Dakota County had initiated a request for a east to west through street for the development.
CMC felt that this would change the nature of the development immensely. The plat has
curved residential streets which discourage speeders and through traffic keeping it a safe and
quiet place appealing to home market sales. City staff felt that an east -west through street
was necessary to serve the commercial area, to ease future traffic problems, and to provide
an alternate route to CSAH 42, a principle arterial highway, for access to the commercial
area.
The City Council asked many questions of the developer and city staff for clarification.
Mayor McMenomy opened the Public Hearing for continents from the audience. The
following people noted concerns: Dan Blonker for Grief Brothers, Paul Rolsta (Biscayne
Way), Renee Stevenson (Cameo Ave), and Donna McDonough (Lower 147 Street).
MOTION by McMenomy to close the Public Hearing for Eastbridge Planned Unit
Development, Preliminary Plat, and Rezoning. Second by Wippermann. Ayes: Busho,
Wippennann, McMenomy, Staats. Nays: None.
Wayne Delfino, Vice- President of CMC Heartland Partners commented on the street
alignment and access into the development from County Road 42. The blanket variance is to
allow three car garages but does maintain a minimum of fifteen feet between homes. The
commercial center is expected to service the people living on the east side of Highway 3, so
access from the west would not be of major concern.
Councihnember Busho noted that she liked the curved streets but, the outlots and the five
foot blanket variance she saw as future problems.
Councilmember Staats agreed the curved streets would be fine and that through streets are
generally the ones that become problems.
Councilmember Wippermann was concerned with outlot maintenance, timing of the park
development, noise problems from Grief Brothers and the railroad, and the blanket variances
on lots.
MOTION by Busho to adopt A RESOLUTION GIVING APPROVAL OF THE
EASTBRIDGE PLANNED UNIT DEVELOPMENT (PUD) AND PRELIMINARY PLAT
AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL with the
additions of two conditions, providing for outlot maintenance and removing the
2
ROSEMOUNI' CITY PROCEEDINGS
REGULAR MEETING
JUNE 21, 1994
blanket variance and removing the provision of an east -west through street access connecting
Biscayne Avenue to commercial and cluster housing land uses. Second by McMenomy.
Ayes: Wippenmann, McMenomy, Staats. Busho. Nays: None.
MOTION by McMenomy to table action on the rezoning request for the Eastbridge
subdivision until final plat approval. Second by Busho. Ayes: McMenomy, Staats, Busho,
Wippennann. Nays: None.
Mayor McMenomy called for a five minute break at 9:35 p.m.
Mayor McMenomy opened the Public Hearing for the Rosemount Business Park Rezoning.
The recording secretary noted that the Affidavits of Published and Posted Notice were on
fde.
Assistant Planner Pearson reviewed the rezoning from AG Agriculture to BP -2 Business Park
for a lot in the Rosemount Business Park. The company interested in this lot has withdrawn
their request. The Port Authority would like to combine several lots to increase the size for
maximum usage. Staff recommends to continue the Public Hearing.
MOTION by McMenomy to continue the Public Hearing action on the Rosemount Business
Park rezoning contingent upon notifying newly affected property owners and allowing the
plat to go back to the Planning Commission to redesign this lot for maximum usage. Second
by Busho. Ayes: Staats, Busho, Wippemtann, McMenomy. Nays: None.
City Engineer Osmundson updated City Council on the White Lake Acres ponding issues.
Staff suggested obtaining easements for the ponding rights if the drainage is diverted from
lower White Lake. City Attorney Miles advised that the obligations of the city be researched
and Council asked for cost estimates and then this would be addressed again in July or
August.
MOTION by Busho to table the approval of the final plat for Lot 1, Block 2, Rosemount
Business Park. Second by McMenomy. Ayes: Busho, Wippennann, McMenomy, Staats.
Nays: None.
Finance Director May presented an amendment to the Purchasing Policy. This would update
the policy which establishes specific guidelines for the purchase of goods and services by
employees of the City of Rosemount. This will help the City operate more efficiently and
gives Council assurances that all legal and control measures are being taken into account.
MOTION by Wippermann to approve the amended Purchasing Policy F -1. Second by
Staats. Ayes: Wippennann, McMenomy, Staats, Busho. Nays: None.
Police Chief Knutsen received the bids for towing and impounding of vehicles on June 6.
1994. Suburban Towing was awarded the low bid. Suburban Towing however was unable
to provide the impoundment services as specified so the contract was then awarded to
Magnum Towing Service. It is a two year contract.
1
1
1
MOTION by Wippenmann to receive the bids and award the Towing and Impounding of
Motor Vehicles Contract to Magnum Towing Service. Second by Busho. Ayes:
McMenomy, Staats, Busho, Wippennann. Nays: None.
Cathy Busho, on behalf of the Leprechaun Days Committee, invited the Mayor to participate
in the Leprechaun Days Parade.
MOTION by Busho to adjourn the meeting. Second by Wippermann. The meeting was
adjourned at 10:35 p.tn.
ATTEST:
Thomas D. Burt
City Administrator
divn
Linda Jentink
Recording Secretary
The City Council Agenda Packet is Clerk's File 1994 -18.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 21, 1994
Respectfully submitted,
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, July 5, 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 Attorney Miles, City
Administrator Burt, Public Works Director /City Engineer Osmundson, Community
Development Director Wasmund, Assistant Planner Pearson, Parks and Recreation Director
Topitzhofer, Finance Director May, and Financial Consultant O'Neill.
Mayor McMenomy lead the group in the Pledge of Allegiance.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 5, 1994
Changes to the Agenda included pulling Item 10.a. Receiving a Petition from CMC
Heartland Developers; moving Item 4.11. Employee Fitness Program from the Consent
Agenda to Old Business for discussion; and adding a Closed Session for discussion of the
McDonough Litigation.
MOTION by McMenomy to approve the Consent Agenda. Second by Wippermann. Ayes:
Staats, Busho, Anderson, Wippennann, McMenomy. Nays: None.
Finance Director May presented the need for General Obligation Improvements Bonds for
several street and utility improvement projects. Mr. O'Neill from Springsted, Inc. reviewed
the interest rates of the bidders and the awards made.
MOTION by Wippermann to adopt A RESOLUTION ACCEPTING THE OFFER ON
THE SALE OF $1,605,000 GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 1994A AND PROVIDING FOR THEIR ISSUANCE. Second by Busho. Ayes:
Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None.
Finance Director May reviewed the city projects for storm water improvements and the need
for General Obligation Bonds in the amount of $335.000. Councilmember Staats asked why
the core funds were not used and May explained that it makes more financial sense to borrow
the money and pay it back on a regular schedule than to deplete the core funds so low.
Staats noted that the bond interest rate is higher than what the core funds earn.
MOTION by Busho to adopt A RESOLUTION ACCEPTING THE OFFER ON THE
SALE OF $335,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS,
SERIES 1994B AND PROVIDING FOR THEIR ISSUANCE. Second by Anderson.
Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: Staats.
Finance Director May reviewed the State Aid Street Improvements funding recommended. It
is the first time the City has used this financial tool. The City of Rosemount is allowed
$384,000 yearly from the State. O'Neill noted that there was only one bidder on the bond
which is very common for amounts under one million dollars.
MOTION by McMenomy to adopt A RESOLUTION ACCEPTING PROPOSAL ON
SALE OF $700,000 GENERAL OBLIGATION STATE AID STREET BONDS, SERIES
1994C, AND PROVIDING FOR THEIR ISSUANCE. Second by Wippemramt. Ayes:
1
1
1
Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 5, 1994
Public Works Director Osmundson introduced Brian Bourassa from OSM Engineering who
gave an overview of City Project 258, County Road 42 at Chippendale and Canada Road
Improvements. This would include the addition of turn lanes, signage, and stripping.
Permits are required from Dakota County and easements from near businesses. Some utility
relocation will be necessary. This will follow Chapter 429 proceedings requiring a public
hearing. Dakota County should fund 55% of the road and 50% of the traffic signal. The
financing of this project is yet to be determined, it may be a combination of assessments to
property owners and through the Capitol Improvement Projects.
MOTION by McMenomy to adopt A RESOLUTION RECEIVING THE FEASIBILITY
REPORT AND SET PUBLIC HEARING FOR CSAH 42 AND CANADA AVENUE
TURN LANES, CITY PROJECT 258. Second by Anderson. Ayes: McMenomy, Staats,
Busho, Anderson, Wippermann. Nays: None.
Mayor McMenomy noted the procedure used for public hearings. The Mayor opened the
Public Hearing for the Zoning Ordinance Text Amendment for Cemeteries. The recording
secretary noted that the Affidavits of Published and Posted Notice were on file.
Assistant Planner Pearson said the Planning Commission recommends adding cemeteries to
the Public /Quasi Public Zoning District. Schools and churches are now included in
Public /Quasi Public zoning. This request originated with a proposal from the Islamic
Community for a cemetery which they have since withdrawn. Staff recommended the text
amendment to facilitate future cemetery development proposals.
MOTION by Wippermann to close the Public Hearing for the Zoning Ordinance Text
Amendment for Cemeteries. Second by Staats. Ayes: Staats, Busho, Anderson,
Wippermann, McMenomy. Nays: None.
MOTION by Anderson to adopt AN ORDINANCE AMENDING ORDINANCE B CITY
OF ROSEMOUNT ZONING ORDINANCE THAT ESTABLISHES CONDITIONS FOR
CEMETERIES AS A PERMITTED USE IN THE CITY OF ROSEMOUNT. Second by
Staats. Ayes: Busho. Anderson, Wippermann, McMenomy, Staats. Nays: None.
The Mayor opened the Public Hearing for the Zoning Ordinance Text Amendment for the
Sign Ordinance Intermittent Lighting. The recording secretary noted that the Affidavits of
Published and Posted Notice were on file.
Assistant Planner Pearson reviewed the request by Guetschoff Theaters, Inc. for sequential
intermittent lighting on the marque signs for the movie theater under construction located
between Carrousel Way and Highway 3. Mr. Guetschoff said this design of lighting is art
deco commonly associated with theaters from the 1950's. The adjacent property owner, Ron
Carlson, said he will be asking for rezoning of his property from residential (R -2) to
commercial. One of the conditions stated that, "running and chasing lights shall not extend
1
1
above roof lines." Council consensus was to remove this condition.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 5, 1994
MOTION by McMenomy to close the Public Hearing for the Zoning Ordinance Text
Amendment for the Sign Ordinance Intermittent Lighting. Second by Busho. Ayes:
Anderson. Wippennann, McMenomy, Staats, Busho. Nays: None.
MOTION by McMenomy to adopt AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE that establishes conditions for the
permitting of intermittent lighting on movie marquee signs. Second by Anderson. Ayes:
McMenomy, Staats, Busho, Anderson. Nays: Wippermann.
Assistant Planner Pearson presented a plan to build a Kwik Trip Convenience Store and
gasoline filling station. Mr. Scott Teigen, director of Real Estate for Convenience Store
Investments (CSI), is requesting a Planned Unit Development (PUD). The PUD is located
on combined parcels from the fonner Strese Oil and Ice Company site and railroad right -of-
way. The Planning Commission recommended approval at their June 14, 1994 regular
meeting.
Mr. Teigens stated that the design is "state of the art" for safety and containment.
Council agreed it would enhance the location and tie into the Downtown Scoping Plan.
MOTION by McMenomy to close the Public Hearing for Kwik Trip final Planned Unit
Development Preliminary Plat and Rezoning. Second by Wippennann. Ayes: McMenomy,
Staats, Busho, Anderson, Wippermann. Nays: None.
MOTION by Wippermann to adopt A RESOLUTION GIVING APPROVAL TO THE
KWIK TRIP COMMERCIAL PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT
APPROVAL. Second by Staats. Ayes: Staats, Busho, Anderson, Wippennann,
McMenomy. Nays: None.
MOTION by Wippermann to table action on the Rezoning Petition submitted by Kwik Trip
pending final plat approval. Second by Staats. Ayes: Busho, Anderson, Wippermann,
McMenomy, Staats. Nays: None.
The Mayor opened the Public Hearing for the Rosemount Business Park Rezoning which was
continued from June 21, 1994. The recording secretary noted that the Affidavits of
Published and Posted Notice were on file.
Assistant Planner Pearson noted that the Planning Commission had reviewed the enlarged lot
for the Rosemount Business Park rezoning and recommends its approval. The public hearing
notice mailing list had been examined and it has been determined that the original mailing list
encompassed a sufficient radius to lawfully include the larger 15 acre lot as well as the
original 8 acre lot.
MOTION by Busho to close the Public Hearing for the Rosemount Business Park Rezoning.
3
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MIEETING
JULY 5, 1994
Second by Wippermann. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho.
Nays: None.
MOTION by Anderson to adopt AN ORDINANCE AMENDING ORDINANCE B CITY
OF ROSEMOUNT ZONING ORDINANCE providing for the rezoning of Lot 1. Block 2,
Rosemount Business Park from (AG) Agriculture to (BP -2) Business Park. Second by
Busho. Ayes: Wippennann, McMenomy, Staats, Busho, Anderson. Nays: None.
MOTION by Busho to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR
LOT 1, BLOCK 2, ROSEMOUNT BUSINESS PARK. Second by Anderson. Ayes:
Staats, Busho, Anderson, Wippermann. Nays: McMenomy.
McMenomy noted that he felt there should be a tenant for the Rosemount Business Park
before proceeding.
Councilmember Staats commented on the Employee Fitness Program which allowed city
employees to use with the fitness equipment in the Community Center. Staats felt this
benefit could be considered with contract negotiations. Councilmember Wippennann
agreed. Mayor McMenomy noted that if there was only a small amount of revenue
anticipated for the fitness room, maybe it should be free to all residents.
Councihnember Anderson said that if there is only a nominal cost or no cost it would be a
great way to let the employees know that they are valued. It benefits the City with less
absenteeism and better health. Insurance coverage should be checked. Councilmember
Busho requested that this issue be discussed at the Goal Setting Session this weekend.
Community Center Manager Topitzhofer said that the Community Center Commission was in
favor of this program and that there would be no direct expenses to the City. The eligible
employees would include full -time employees, regular part-tine employees who work 20
hours a week, volunteer firefighters, police reserve officers, and temporary/seasonal
employees could participate on the days they work. City Administrator Burt said that the
equipment was originally part of the police department until office space became a premium
and the equipment was stored. Topitzhofer noted that the staff for Parks and Recreation and
the Community Center would like to be part of the city staff "team" and this would help
establish this.
Donna McDonough, 3215 Lower 147th Street West, said the residents would be outraged by
this employee benefit. Insurance coverage is an issue and the wear and tear on the
equipment is not justified.
MOTION by Busho to adopt the City of Rosemount Fitness Program contingent upon
Insurance /Worker's Compensation coverage liability. Second by Anderson. Ayes: Busho,
Anderson. Nays: Staats, Wippermann, McMenomy.
Public Works Director Osmundson asked to proceed with the hiring process of a Civil
4
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 5, 1994
Engineer to help with the day -to -day operations. Presently there are 30 projects which are in
different phases of design or construction and many storm water issues. The Utilities
Commission authorized this position in February. Administrator Burt noted that there is
much more development in Rosemount than most cities and this position will just help to
keep up. Councilmember Staats confirmed with Finance Director May that this position will
not effect general taxes.
MOTION by McMenomy to approve the job description and authorize the posting and
advertisement for the civil engineer position. Second by Busho. Ayes: Busho, Anderson,
Wippenmann, McMenomy. Nays: Staats.
Community Development Director Wasmund reviewed the request for hiring a Planner. This
person would work on day -to -day developments, ordinance revisions and adoptions, zoning
ordinance revisions, sub division ordinance issues. long range plans, Downtown Scoping
recommendations, and formulate a vision for the City.
MOTION by McMenomy to authorize commencement of the hiring process for the Planner
position. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays:
Staats.
Community Development Director Wasmund reviewed Phase 1 of preparation for live cable
casting of all public meetings. It consists of a video camera focused on the presentation
material at a new lectern, three video monitors to provide viewing to the audience and
council; and upgraded audio equipment for better sound broadcasting. The company hired
for this enhancement is Acoustic Communications Systems, Inc. which is the same company
as did the audio visual work at the new Armory and Community Center. The Rosemount
Area Jaycees have provided over half the funding for this upgrade and the other portion is
budgeted for. A channel will be provided by Marco /Star Cabtevision, but not for another
year.
MOTION by Busho to authorize the purchase of audio visual equipment as quoted June 17,
1994 by Acoustic Communication Systems, Inc. in the amount of $24.430 with money for
the acquisition coming from the Donation Account in the amount of $15,000 and the balance
made up from CIP Account No. 202 49002 -01 -560. Second by Staats. Ayes: Wippennann,
McMenomy, Staats, Busho, Anderson. Nays: None.
City Administrator Burt noted that a special meeting is needed for interviewing of legal fins
for the City contract. There are six fines to interview at 35 minutes each. City Council
consensus for the meeting was for Wednesday, July 13. 1994.
MOTION by Wippennann to set a Special Council Meeting for Wednesday, July 13, 1994,
beginning at 5:30 p.m. for the purpose of interviewing candidates for legal counsel for the
City. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippennann.
Nays: None.
City Administrator Burt was asked to have a Councilmember become a member of the Health
1
1
1
ROSEMOUNT CITY PROCEEDLNGS
REGULAR MEETING
JULY 5, 1994
Risk Task Force with Koch Refining and the Minnesota Pollution Control Agency. The first
meeting is July 19. 1994, at the Western Service Center in Apple Valley. Mayor
McMenomy volunteered and Councilmember Staats will be his alternate.
MOTION by Anderson to appoint Mayor E.B. McMenomy to represent the City of
Rosemount on the Minnesota Pollution Control Agency /Koch Refining Task Force. Second
by Busho. Ayes: Staats, Busho, Anderson, Wippermann. Nays: None. Abstain:
McMenomy.
MOTION by McMenomy to retire to a Closed Session regarding the McDonough Litigation.
Second by Wippermann. Ayes: Busho, Anderson, Wippennann. McMenomy, Staats.
Nays: None.
Councilmembers returned to the regular meeting at 9:50 p.m.
Councilmember Busho announced a convertible will be in the parade for Leprechaun Days
for the Council to ride in
MOTION by Busho to adjourn the meeting. Second by Staats. The meeting was adjourned
at 9:55 p.m.
ATTEST:
Thomas D. Burt
City Administrator
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 1994 -20.
Linda Jentink
Recording Secretary
6
1
1
1
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
JULY 8 -9, 1994
Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was
duly held on Friday, July 8, 1994 beginning at 5:00 p.m. and continuing to July 9. 1994
beginning at 7:30 a.m. in the Rosemount Community Center, 13885 South Robert Trail,
Rosemount, Minnesota.
Mayor McMenomy called the meeting to order with Councilmembers Anderson,
Wippemtann, Staats. and Busho present and City Administrator Toni Burt. The facilitator of
the meeting was Jim Brimeyer from the firm The Brimeyer Group, Inc., One Tenth Avenue
South, Hopkins, Minnesota 55343. On July 9, 1994 at 7:30 a.nt. the department heads also
attended. This included Jeff May, Ron Wasmund, Bud Osmundson. Scott Aker, Lyle
Knutsen, and Jim Topitzhofer.
The purpose of the meeting was to assist the City Council, City Administrator, and city staff
in team building and strategic planning for the City of Rosemount.
Jim Brimeyer lead discussion on expectations, strengths and weaknesses, issues, visions and
roles and responsibilities.
MOTION by McMenomy to adjourn the meeting. Second by Busho. Ayes: Wippermann,
McMenomy. Staats, Busho, Anderson. Nays: None. The meeting was adjourned at
4:00 p.m.
ATTEST:
E.B. McMenomy
Mayor
Respectfully submitted,
Thomas D. Burt
City Administrator
The City Council Agenda Packet is Clerk's File 1994 -21.
Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was
duly held on Wednesday, July 13, 1994 beginning at 5:30 p.m. in the Rosemount City Hall
Chambers, 2875 145th Street West, Rosemount, Minnesota.
Mayor McMenomy called the meeting to order with Councilmembers Anderson,
Wippemmann, Staats, and Busho present.
The purpose of the special meeting is to interview legal firms which submitted a Request For
Proposal to the City of Rosemount for general legal, special legal. and prosecution.
City Administrator Tom Burt explained the procedure to be used with standard questions and
points given for the answers. The firms interviewed included Hohnes and Graven; Grannis,
Grannis, Hauge, Eide, Anderson and Keller. Severson, Wilcox Sheldon; Larkin. Hoffman,
Daly Lindgren: and Fluegel, Moynihan Miles. Briggs and Morgan had a Request for
Proposal hut submitted written withdrawal of such July 12, 1994. A memo with signatures
was received from the Police Department in support of Shawn Moynihan of the firm Fluegel,
Moynihan Miles for prosecution services.
The interviews were conducted. City Council consensus was to appoint a legal fmmm(s) for
the City of Rosemount at the next regular City Council meeting.
MOTION by McMenomy to adjourn the meeting. Second by Wippermann. Ayes:
McMenomy, Staats, Busho, Anderson. Wippennann. Nays: None. The meeting was
adjourned at 9:00 p.m.
ATTEST:
E.B. McMenomy
Mayor
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
JULY 13, 1994
Respectfully submitted,
Thomas D. Burt
City Administrator
The City Council Agenda Packet is Clerk's File 1994 -22.
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, July 19, 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 Attorney Miles, City
Administrator Burt, Public Works Director /City Engineer Osmundson. Community
Development Director Wasmund, Assistant Planner Pearson, and Parks and Recreation
Director Topitzhofer.
Mayor McMenomy lead the group in the Pledge of Allegiance.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 19, 1994
Changes to the Agenda included adding Item 81 Appointment of Legal Firm; 3.h. Closed
Session regarding McDonough Litigation; Item 3.c Set Special Meeting regarding Personnel
Issue; Item 3.d. Greif Brothers Concerns for CMC Development. Item 4.i.
Armory/Conumimity 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
Naval 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 filed a grievance against 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 Wippennann. 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
safety bells and horns when backing up. The doors are normally left open in the summer
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.
1
1
1
ROSEMOUNT CITY PROCEEDINGS
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 Brothers.
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.
Mayor McMenomy noted the procedure used for public hearings. The Mayor opened the
Public Hearing for the Mineral Extraction Permit for Solberg Aggregate. The recording
secretary noted that the Affidavits 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
Reconstruction 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 against 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 he an eye sore for all those traveling along County
Road 42. In 1991 the City Council then said there would not be any mining allowed on this
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.
1
1
1
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. He feels
the building has increased the property value and is in favor of the Mineral Extraction
Permit.
Ray Rahn, Rich Valley Golf Club, 3855 145th Street East, 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 Pennit. Second by Wippennann. Ayes: Wippermann, McMenomy,
Staats, Busho, Anderson. Nays: None.
City Council held discussion and reviewed several items including the elevation. the low
point being 876 feet, the mining hours which will be 7:00 a.m. to 8:00 p.m. and that there
would not be any processing or 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 Turn Lanes, City Project 258. The
recording secretary noted that the Affidavits of Published and Posted Notice were on file.
Public Works Director /City Engineer Osmundson reviewed the layout for the turn lanes for
City Project 258. The turn lanes would be on CSAH 42 and Chippendale Avenue and
Canada Avenue. There will be "no 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 problems 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 Theaters, spoke against the assessment believing it would not add value
to the property. The new theater will be paying taxes of about $50,000 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 available
if it is not assessed.
3
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 19, 1994
MOTION by McMenomy to close the Public Hearing for CSAH 42 "Turn Lanes, City
Project 258. Second by Staats. 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 financing 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 again in January or
February next year.
MOTION by McMenomy to adopt A RESOLUTION TO APPROVE THE PROJECT
AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR
THE PROJECT, CSAH 42 AND CANADA AVENUE TURN LANES, CITY PROJECT
258. Second by Anderson. Ayes: Busho, Anderson, Wippennann, McMenomy, Staats.
Nays: None.
Mayor McMenomy stated that there is a safety 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 stonn drain improvements. Staff recommends setting the Public Hearing
for August 2, 1994.
MOTION by Wippermann to adopt A RESOLUTION RECEIVING FEASIBILITY
REPORT /SETTING PUBLIC HEARING, BISCAYNE AVENUE IMPROVEMENTS,
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 Schwarz Pond due to an addition to die 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;
Schwarz, 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 FEASIBILITY
REPORT /SET PUBLIC HEARING FOR SCHWARZ POND STORM DRAIN OUTLET
I1IPROVEMENTS, CITY PROJECT 259. Second by Staats. Ayes: Wippennann,
McMenomy, Staats, Busho, Anderson. Nays: None.
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 19, 1994
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 alternatives. Second by Busho. Ayes: McMenomy,
Staats. Busho, Anderson, Wippemiann. Nays: None.
Public Works Director /City Engineer Osmundson had been made aware by Dakota County of
a tax forfeiture property on the southwest comer of Shannon 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 Wippennann 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 Pond. 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 Rosemount. 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 easterly residential developments.
Residents around the pond have voiced a concern 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 concerned 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 barnyard has manure piles underwater which could
add to the pollution.
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 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
improvements.
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 July 14, 1994 by
Public Works Director /City Engineer Osmundson. Second by Busho. Ayes: Busho,
Anderson, Wippennann, McMenomy, Staats. Nays: None.
Community Development Director Wasmund presented a draft of a graffiti ordinance after
researching other communities. Rosemount is a pioneer in this issue, noting that only St.
Paul, Minneapolis, and Rochester have a graffiti ordinance in place and they have found
them not to he 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,
Lotus Geronomie, and Thomas Geronomie are a party of, for City Project 191, Chippendale
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 in which no appraisal was done.
MOTION by Wippennann to go to a closed session regarding the Assessment Appeal for
City Project 191, Chippendale Avenue. Second by Busho. Ayes: Anderson, Wippennann,
Staats, Busho. Nays: None.
The meeting was reconvened at 11:30 p.m. by Acting Mayor Wippennann. Mayor
McMenomy took his seat and continued with the next item.
City Administrator Burt reported that after careful consideration and interviews with five
legal firsts the City Council and City staff recommend Holmes Graven to represent the
City of Rosemount for Municipal Legal Services including the Port Authority meetings and
for special projects. Burt has met with Attorney Charles LeFevere, of Holmes Graven,
Chartered, and discussed basic legal services. These legal services will begin August I,
1994.
1
1
1
MOTION by Busho to approve the legal firm of Holmes Graven Chartered. 470 Pillsbury
Center, Minneapolis, Minnesota for the Municipal Legal 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 Change Orders valued at $46,000 that
are not approved. S26.000 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 11:50 p.m.
ATTEST:
Thomas D. Burt
City Administrator
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 19, 1994
Respectfully submitted,
Linda Jentink
Recording Secretary
The City Council Agenda Packet is Clerk's File 1994 -23.
1
1
1
Mayor McMenomy led the group in the Pledge of Allegiance.
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
AUGUST 1, 1994
Pursuant to due call and notice thereof a special meeting of the City Council of the City of
Rosemount was duly held on Monday, August 1, 1994. at 6:30 p.m. in the Council
Chambers at City Hall, 2875 145th Street West, Rosemount, Minnesota.
Mayor McMenomy called the meeting to order with all councihnembers present. Also in
attendance were City Attorney Charlie LeFevere, City Administrator Thomas Burt and
Administrative Assistant Susan Walsh.
City Attorney Charlie LeFevere advised the purpose of the special council meeting was for
former employee David Bechtold to go through the final step of the employee grievance
process as a result of Mr. Bechtold being laid off from the city effective June 17. 1994.
This step in the grievance process will allow Mr. Bechtold to grieve the layoff decision by
the City Council and to present facts to the City Council so the City Council is fully
informed on the points being grieved by Mr. Bechtold.
Attorney LaFever noted the meeting is not a public hearing and only audience members
directly involved will be allowed to participate. The city attorney further noted that the city
administrator upheld the layoff decision at the staff level which was a previous step in the
employee grievance process.
Administrative Assistant Susan Walsh noted for the record the items of information that were
provided to the City Council in a confidential packet prior to this meeting. She further
presented for the record the personnel file of David Bechtold for review by the City Council
if needed.
Charles Friedman, Esq., attorney for David Bechtold, informed Council of the witnesses who
would address the City Council on behalf of Mr. Bechtold. They included David Bechtold,
Tom Newsman, Penny Butler. Jerry Puciaty, Kerry Johnson and Harry Willcox.
City Attorney LeFevere and Attorney Friedman discussed the format for the rest of the
meeting, and it was agreed that questions could be addressed by the Council to Mr. Bechtold
and to Mr. Friedman, for purposes of clarification; and further, that Mr. Friedman and Mr.
Bechtold could address questions to the City Council and city staff for clarification purposes.
At this point City Attorney LeFevere further advised the City Council that discussions by
them in regards to this issue must be made only at an open council meeting, that if a decision
cannot be reached by the City Council that they have option of continuing this smatter to a
future meeting and one option may be for the City Council to direct the city staff to prepare
a findings of fact that is consistent with the discussion held at this meeting.
David Bechtold advised the City Council he was present to express his concerns and to
request that the City Council change its decision regarding his layoff. Mr. Bechtold
informed the City Council of his background which included date and place of birth and
where he grew up, military service and honorable discharge in October, 1966, college
education and bachelor of science degree received from St. Cloud State in 1973, additional
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, September 20, 1994 at 7:36 p.m. in the Council Chambers at City
Hall, 2875 145th Street West.
Mayor McMenomy called the meeting to order with Councihnembers Anderson,
Wippennann, Staats, and Busho present. Also present were City Attorney LeFevere, City
.Administrator Burt, City Engineer /Public Works Director Osmundson, Community
Development Director Wasmund, Fire Chief Aker, Administrative Assistant Susan Walsh,
and Parks and Recreation /Community Center Manager Topitzhofer.
Mayor McMenomy led the group in the Pledge of Allegiance.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
SEPTEMBER 20, 1994
Additions to the Agenda included adding Consent Item 4. o. Payment #5 and Final, 145th
Street Reconstruction, City Project 235; and additions under New Business were Item 6.c
High School Location Task Force Update; Item 6.d. Fire Service Task Force Update: Item
6.e. Downtown Scoping Committee Selection Update: Item 6.f. Community Center /Ice
Arena News Article; Item 6.g. Declare Cost /Set Assessment Hearing, I45th Street
Improvements Shannon Parkway to Chili Avenue and the Realignment of the Chili
Chippendale Avenues Intersection with 145th Street, City Project 235; and Item 6.h. Greif
Brothers Corporation Tour.
Finance Director May introduced Mark Flaten, President of American Risk Services, Inc.
who has proposed to provide the City of Rosemount with risk management consultant
services for workers compensation insurance and general liability insurance. Flaten
described the process to identify what is at risk for the City and then to measure that, and
then proceed to reduce or eliminate the risk making the City more cost effective and
efficient. Council directed some questions to Flaten. This would include a safety plan with
a pro active approach.
MOTION by McMenomy to approve the City of Rosemount entering into a one year
agreement with American Risk Services, Inc. to provide the City with risk management
services. Second by Wippennann. Ayes: McMenomy, Staats, Busho, Anderson,
Wippennann. Nays: None.
City Engineer /Public Works Director Osmundson reviewed the Carrollton 4th /Wachter 186A
Outlet. About a year ago several residents complained of standing water in their backyards
and the worry of actual flooding of their basements. Staff proposed a secondary outlet to
flow south which required easements to he obtained. The land owners have no interest in
cooperating for an easement on undeveloped property so the project has been delayed. Staff
will continue to negotiate and Public Works will continue to watch on the existing drainage
system.
Mayor McMenomy asked for the City Attorney's general opinion on liability. LeFevere
noted that the Council by approving a plat does not guarantee that basements will be dry. In
this case it looks as though there may be many contributing factors. A thirty foot wide
easement is unusual and it appears as though it was designed for ponding water runoff.
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
SEPTEMBER 20, 1994
Jackie Hennen, 14894 Colorado Avenue, noted she believed that the new easement required
would go to condemnation to force the landowners to comply. Osnnmdson noted that
condemnation was not used because the land value is much higher than was expected and
undeterminable at this point. If the land easement adds a considerable cost to the project
with additional lawyer fees, it may not be feasible to proceed. Ms. Hennen stressed the
fnistration her family and those around her face with each heavy rain. Hennen said it's very
disturbing and they have not been able to make any improvements such as sod or a swing set
to their yard.
Osmundson said he would work with the City Attorney to draft a letter to the land owners'
partnership to offer mediation in hopes that would speed up the easement negotiation.
MOTION by Wippennann to approve the Consent Agenda Second by Anderson. Ayes:
Staats. Busho, Anderson. Wippennann, McMenomy. Nays: None.
Ron Jacobson, 3647 143rd Street West. fears that nature is being taken out of Carroll's
Woods and wishes to stop the development of trails in the woods. Jacobson believes the
grant with the state was for passive recreation only. The trails are 8 to 12 feet wide when
the recommended width is 6 feet. He stated that the lime rock used on the trails also
changes the acidity of the soil which for a certain type of orchid is fatal. Jacobson said the
Haunted Woods program in the woods each October 31 has gotten too large and is damaging
the woods. He urged Council to halt the trail building and find a better place for the
Haunted Woods.
Parks Recreation /Community Director Topitzhofer reviewed the trail plan. Topitzhofer
noted that the trails are to replace some trails that are under water some of the time and
allow an access to the west which will curtail children cutting through yards to enter the
woods. Walking on these trails would be considered a passive recreation. Buckthorn
removal has been an intense project with some positive results already seen. Naturalist have
used the Rosemount Buckthorn Project as an example for many other communities and
Rosemount is very proud of their Parks Recreation Committee and community
involvement. The trail width recommended now is for 8 feet wide of lime rock so that
maintenance vehicles can be used in the buckthorn removal. If the buckthorn was left to
grow 011 its own when the large trees die out the seedlings could not survive and there would
be no more woods. It is vital that the buckthorn gets under control so this is a primary goal.
When this is achieved the trail width will decrease to the goal of six feet wide.
Amy LaPree, 14121 Cobbler Avenue, said her backyard is adjacent to Carroll's Woods.
With more people using the woods the visibility of the deer and other small wild animals
have decreased. LaPree and her family would like to see the woods remain undeveloped.
Deanna Simpson, 3534 143rd Street, noted that the mission of the park land is to have
people use the park and that trails actually keep people from walking through the woods and
destroying plant life. The six foot wide trail is a real goal, but the need to eliminate the
buckthorn must come first to preserve the woods.
1
1
1
ROSEMOLNT CITY PROCEEDINGS
REGULAR MEETING
SEPTEMBER 20, 1994
Frank Curry, Colorado Avenue, noted that Carroll's Woods should remain a nature
preserve. Not too many people use it now, the trail access will encourage more people. The
limestone on the trails does not seem necessary.
Tom Reller, 15659 Cornell Court North, commented on the trails many of which are made
from woodchips which in time spread from 6 to almost 12 feet wide. The lime rock will not
spread. The soil is now sandy and the acidity from the lime rock will actually help plant
growth in the woods.
City Council commended the Parks Recreation Committee and the Carroll's Woods
Committee on the great job in management of Carroll's Woods. It is a "jewel" in the
Rosemount parks system. The Carroll's Woods Committee meets one hour prior (6:30 p.m.)
to the regular Parks Recreation Committee on the third Monday of each month at
7:30 p.m. Interested people are invited to attend.
MOTION by Staats to continue construction of the proposed Carrolls Woods' trail. as
planned by the Parks Recreation Committee and the Carrolls Woods Sub Committee.
Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays:
None.
Administrative Assistant Susan Walsh requested a Special Closed Meeting to discuss a new
salary program for City employees. Council consensus was to meet Thursday, October 6,
1994, at 6:00 p.m.
MOTION by McMenomy to set a closed City Council meeting for Thursday, October 6,
1994, at 6:00 p.m. at City Hall for the purpose of discussing a new salary program for city
employees. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho.
Nays: None.
Administrative Assistant Susan Walsh presented a recommended wage increase of 2.5% for
the fire department. Fire Chief Aker answered several questions posed by the Council.
MOTION by Staats to approve the 1994 wage increases as illustrated in Column C of the
spreadsheet reviewed by city staff. Second by Wippermann. Ayes: Wippermann,
McMenomy, Staats, Busho, Anderson. Nays: None.
Mayor McMenomy is serving on the High School Location Task Force and reported on the
four locations under consideration.
Fire Chief Aker gave an update on the Fire Service Task Force and noted that a interim
report will be brought to Council next month.
City Administrator Burt reported on the Downtown Scoping Committee selection process. A
Mission Statement is being formed, and the appointments will be made in October.
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR I\IEETING
SEPTEMBER 20, 1994
City Administrator Burt responded to a newspaper article in the St. Paul Pioneer Press,
September 10. 1994, regarding the 9.5 tax increase for Rosemount and the press that the
Rosemount Ice Arena received. Burt reported that a meeting with city staff. Rosemount
Area Hockey Association (RAHA), and the Mayor brought out all the positive things that are
happening at the ice arena /community center. Other communities view our facility as a
model worth visiting and using. Clearly the 9.5 tax increase is not due to only the expense
of the ice arena but also the many other projects going on throughout the city. Council
consensus was to place an article in our regular monthly Rosemount City Page in the
"ThisWeek" newspaper to clarify any issues.
Parks Recreation /Community Center Manager Topitzhofer noted that RAHA is the ice
arena's hest customer of ice time. RAHA has many volunteers that help with tournaments
and benefit the community.
City Engineer /Public Works Director Osmundson presented City Project 235, to Declare
Cost /Set Assessment Hearing for 145th Street Improvements at Shannon Parkway to Chili
Avenue and the Realigmnent of the Chili /Chippendale Avenues Intersection with I45th
Street. Osmundson noted that all costs are in and that the assessments are ready A Public
Hearing will he set for October 18, 1994. at 8:00 p.m. or as soon thereafter as possible.
Residents will have the right to appeal the assessments.
MOTION by McMenomy to adopt A RESOLUTION DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND
CALLING FOR HEARING ON THE PROPOSED ASSESSMENT 145TH STREET
IMPROVEMENTS SHANNON PARKWAY TO CHILI AVENUE AND THE
REALIGNMENT OF THE CHILI /CHIPPENDALE AVENUES INTERSECTION WITH
145TH STREET, CITY PROJECT 235. Second by Anderson. Ayes: McMenomy,
Staats, Busho, Anderson, Wippennann. Nays: None.
Mark Mooney, Greif Brothers Corporation. invited City Council, city staff, and the Planning
Commission to tour their industrial plant. City staff and officials can call for an appointment
or stop by individually. Council thanked Mr. Mooney and will plan to take a tour.
MOTION by McMenomy to adjourn the meeting. Second by Wippermann. The meeting
was adjourned at 10:30 p.m.
ATTEST:
Thomas D. Burt
City Administrator
Respectfully submitted,
Linda Jentink
Recording Secretary
The City Council Agenda Packet is Clerk's File 1994 -32.
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, October 4, 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. Councibnember Wippermann was absent. Also present were City Attorney
LeFevere, City Administrator Burt, Administrative Assistant Walsh, Public Works
Director /City Engineer Osmundson, Community Development Director Wasmund, Assistant
Planner Pearson, Parks and Recreation Director Topitzhofer, Police Chief Knutsen and
Lieutenant Kuhns.
Mayor McMenomy lead the group in the Pledge of Allegiance.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 4, 1994
Additions were made to the Agenda as follows: League of Governments Meeting, Item 8.
and Code of Ethics after announcements. Public Works Director Osmundson noted the
corrected bid results for use with Item 5.a. Schwarz Pond.
City Engineer /Public Works Director Osmundson introduced Doug Litterer, the new Civil
Engineer for the city. Doug has started to review constriction projects and will be working
on the Storm Water Management Ordinance. City Council welcomed Doug.
MOTION by McMenomy to approve the Consent Agenda. Second by Staats. Ayes:
Busho, Anderson. McMenomy, Staats. Nays: None.
City Engineer /Public Works Director Osmundson reported the bid results for the Schwarz
Pond Storm Drain Outlet Improvements, City Project 259. The bid included two smaller
projects, Jaycee Park parking lot improvements and the repair of the watermain cross
connection to Apple Valley which broke last winter. Apple Valley will split the cost with
Rosemount for that repair. The city saved money on these smaller projects by combining
them with the larger Schwarz Pond project. The low bidder was Richard Knutson, Inc.
(RKI), 12585 Rhode Island Avenue South. Savage, Minnesota.
MOTION by Anderson to adopt A RESOLUTION RECEIVING BIDS AND AWARDING
CONTRACT, SCHWARZ POND STORM DRAIN OUTLET AND MISCELLANEOUS
IMPROVEMENTS, CITY PROJECT 259. Second by Busho. Ayes: Anderson,
McMenomy, Staats, Busho. Nays: None.
City Administrator Burt relayed that someone or a group of people had filed a complaint
with the State of Minnesota Auditor's Office regarding a possible conflict of interest that
Mayor McMenomy with his land appraisal and real estate business in Rosemount. The State
responded with a letter but never did contact the city for information or input. The
infornation submitted to the State Auditor's Office was lengthy, about 300 pages. City
Council requested staff to obtain this information so they can review it and determine how to
proceed. City Council noted that the resulting letter in no way incriminated the mayor, in
fact it noted that there was insufficient evidence to investigate further and in an article
published in the "State Auditor's Report" (a newsletter) it was reported that the letter was
meant to be informational not punitive.
1
Community Development Director Wasmund presented a draft of the Housing Maintenance
Ordinance for discussion. The two main areas of regulation will be the exterior maintenance
of homes and the condition and maintenance of the grounds. Some verbiage may be used
regarding "garbage houses" and inside inspections of rental property at the point of sale.
These are to deal with health and safety issues. Councilmember Anderson noted that ten
days for a response or correction may not be practical in some cases such as fire damage.
Council noted the ordinance has a good start and directed staff to continue development of it.
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 4, 1994
Mayor McMenomy stated that three residents, Donna McDonough, Renee Stevenson, and
Harry Willcox. had contacted the City Administrator insistent upon having the State
Auditor's letter addressed at a City Council regular meeting.
MOTION by McMenomy to proceed at the City's expense to purchase all the data submitted
to the State Auditor's Office concerning a conflict of interest. Second by Anderson. Ayes:
McMenomy, Staats, Busho, Anderson. Nays: None.
Community Development Director Wasmund also presented a draft of a Pawn Shop
Ordinance. By nature these establishments potentially provide the ability to receive and
transfer stolen property. This ordinance would provide ways to monitor the operational
procedures of a pawn shop by specific reporting to the local police department. The cities of
Burnsville and Hastings provided input from their recent experiences with a Pawn Shop
Ordinance. The license fees for a pawn shop vary from $150 to $5000 in various cities.
Consideration for obtaining a bond may be warranted. The initial investigation and then the
ongoing monitoring would be a considerable expense.
MOTION by Busho to adopt ORDINANCE NO. XVI.29 AN ORDINANCE
REGULATING PAWN SHOPS AND PAWN BROKERS. Second by McMenomy. Ayes:
Staats, Busho, Anderson, McMenomy. Nays: None.
City Administrator Burt noted that the fees for the Pawn Shop Ordinance will be determined
at a future meeting.
Community Development Director Wasmund recommended a moratorium for a period not to
exceed eighteen months or until a study is completed (which ever is less) on regulation of
adult entertainment, uses, and sale of adult materials. This will prevent siting of any adult
use establishments within any zoning district of the City of Rosemount for that period.
City Attorney LeFevere noted that State Law does at this time regulate obscenity without
violating the First Amendment. This can be mirrored in the City Ordinance. Some things
cannot be prohibited, but can be limited. The secondary effects caused by exposure to adult
material such as an increase in sex crimes are subject to limitations. Further research will be
required.
MOTION by McMenomy to adopt AN ORDINANCE PLACING A MORATORIUM ON
THE SITING OF ADULT USE ESTABLISHMENT WITHIN ANY ZONING
DISTRICT OF THE CITY OF ROSEMOUNT; AND DIRECTING A STUDY TO BE
1
1
CONTINUED. Second by Busho. Ayes: Busho, Anderson, McMenomy, Staats. Nays:
None.
Renee Stevenson, 14600 Cameo Avenue, declined to speak at this time to the Code of Ethics
which she had requested.
Counci member Anderson reminded City Council of the League of Governments meeting on
Wednesday, October 12, 8 a.m., at the Rosemount Community Center. The ethics
legislation will be discussed.
MOTION by McMenomy to enter into a Closed Session to discuss the Public Works Union
Contract. Second by Anderson. Ayes: Anderson, McMenomy, Staats, Busho. Nays:
None.
At this tine, the City Council reconvened to the Regular City Council Meeting. Council
acknowledged review of the Uniform Settlement Form.
MOTION by Busho to approve the negotiated items for the 1995 1996 Public Works
Union Contract and to authorize the Mayor and City Administrator to execute the contract.
Second by McMenomy. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None.
MOTION by McMenomy to adjourn the meeting. Second by Anderson. Ayes: Staats,
Busho, Anderson, McMenomy. Nays: None. The meeting was adjourned at 9:20 p.m.
ATTEST:
Thomas D. uB rt
City Administrator
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 4, 1994
Respectfully submitted,
nteletJ
Linda Jentink
Recording Secretary
The City Council Agenda Packet is Clerk's File 1994 -33.
1
1
ATTEST:
x: 22
Thomas D. rt, y Administrator
ROSEMOUNT CITY PROCEEDINGS
CLOSED EXECUTIVE SESSION
OCTOBER 4, 1994
Pursuant to due call and notice thereof a closes executive session of the Rosemount City
Council was duly held on Tuesday, October 4, 1994, at 8:40 p.m. in the Council Lounge at
Rosemount City Hall.
Mayor McMenomy called the meeting to order with Councihnembers Anderson, Staats and
Busho present. Councilmember Wippermann was absent. Also in attendance were City
Administrator Thomas Burt and Administrative Assistant /City Clerk Susan Walsh.
City staff reviewed with members of the City Council the negotiated changes to the public
works union contract effective January 1, 1995 through December 31, 1996. Following
discussion, the City Council reached a consensus to approve the changes as presented by city
staff.
MOTION by McMenomy to adjourn the closed executive session. SECOND by Staats.
Ayes: Anderson, Staats, McMenomy, Busho. Nays: None.
Respectfully submitted,
M. Vlfalsh, City Clerk
1
1
Pursuant to due call and notice thereof a closed executive session of the Rosemount City
Council was held on Thursday, October 6, 1994, at 6:00 p.m., in the Council Lounge at
Rosemount City hall.
Mayor McMenomy called the meeting to order with Councilmembers Anderson, Staats, and
Busho present. Councilmember Wippermann was absent. Staff members in attendance were
City Administrator Thomas Burt and Administrative Assistant /City Clerk Susan Walsh.
Consultants Cy Smythe and Ann Antonsen of Labor Relations, Inc. discussed with the City
Council the results of a recent salary survey of eleven cities and how Rosemount employee
salaries compared to the Cities surveyed. Mr. Smythe and Ms. Antonsen also reviewed
several pay equity analyses which illustrated the City's current salary ranges with revised and
current comparable worth points. The consultants also explained the importance of
implementing a salary system using an all jobs analysis rather than going strictly by meeting
compliance requirements. Following further discussion, the Council unanimously agreed that
staff should proceed with finalizing newly assigned job values by using the Hay job
evaluation points and to prepare salary ranges for review by the Council.
MOTION by Staats to adjourn. Second by Busho. Ayes: Anderson, McMenomy, Staats,
Busho. Nays: None.
ATTEST:
Thomas D. Burt, City Administrator
Respectfully submitted,
ROSEMOUNT CITY PROCEEDINGS
CLOSED EXECUTIVE SESSION
OCTOBER 6, 1994
Susan M. WalCity Clerk
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, October 18, 1994 at 7:32 p.m. in the Council Chambers at City Hall
2875 145th Street West.
Mayor McMenomy called the meeting to order with Councilmembers Staats, Busho and
Wippermann present. Councilmember Anderson was absent. Also present were City
Attorney LeFevere, City Administrator Burt, Community Development Director Wasmund,
Assistant Planner Pearson, Parks and Recreation Director Topitzhofer, and Brian Bourassa,
OSM and Dave Simons, SEH, engineering consultants.
Mayor McMenomy lead the group in the Pledge of Allegiance.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 18, 1994
The Agenda was amended to include Item 14.d. 145th Street and Canada Avenue 4 -Way
Stop and Item 13.a. Erickson Community Square Concept Plan was moved to the
Department Heads Reports, Item 3.b. Item 4.c. Minutes of Closed City Council Meeting for
McDonough Litigation was pulled on the advise of the City Attorney as client privileged
material.
Representatives from the Rosemount American Legion Auxiliary attended to hear the
proclamation the Mayor made for American Education Week. The week of November 13
to November 19, 1994 has been proclaimed "American Education Week The proclamation
encouraged schools, teachers, and citizens to work together to improve and support education
at all levels and commit to visiting our local schools.
MOTION by McMenomy to approve the Consent Agenda as amended. Second by
Wippermann. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None.
Parks Recreation and Community Center Director Jim Topitzhofer presented the concept
plan for Erickson Community Square. Three years ago the Rosemount Chamber of
Commerce with the Erickson Community Square Sub Committee and the Parks and
Recreation Committee chose the goal of constructing an amphitheater and shelter for
Erickson Park. The facility is planned to accommodate ceremonies, private events, and
programmed activities. The amphitheater will seat up to 400. The final development review
will go the Planning Commission in spring 1995. The Concept Plan was approved on June
28, 1994 by the Planning Commission. A funding drive has reached $108,000 for the
project with a estimated cost of $270,000. This is a volunteer driven project and will be
completed in phases. Charles Novack has donated his architectural skills to the project.
MOTION by Wippermann to approve the Erickson Community Square Concept Plan as
presented. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho. Nays:
None.
Community Development Director Wasmund held discussion on setting the fee for the Pawn
Shop Ordinance. Staff recommends an annual $5000 fee with a review after two years.
There would also be an investigation deposit of $1,500 of which a non refundable portion of
$350 would be charged. This deposit amount is the same as used for liquor license
applicants.
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 18, 1994
Councilmember Staats felt the amount was too high in comparison to the cities close to
Rosemnount's population and if pawn shops are charged maybe consignment shops or second
hand shops should also be included.
City Administrator Burt noted that what makes the pawn shop different is that the money
exchanged is a loan. The ordinance only addresses pawn shops. These fees are made to
cover expenses not create a revenue for the city.
Community Development Director Wasmund researched area fees for pawn shops and found
the average fee to be $4,900 with the lowest at $12 and the highest at $12,000.
MOTION by Busho to amend Resolution 1993 -132 to establish the annual license fee for
pawn shops and pawn brokers at five thousand dollars ($5,000) annually. Second by
Wippermanm. Ayes: McMenomy, Busho, Wippennann. Nays: Staats.
City Administrator Burt gave an update for the Fire Service Task Force. They have
concluded that a fire facility is needed on the west side of the community at the northeast
corner of Shannon Parkway and Dodd Boulevard. Further details such as station site will
continue to be worked out by the committee. These details should be ready for presentation
to the City Council in December with a final recommendation.
Mayor McMenomy reviewed the process used with public hearings. The recording secretary
noted that all the affidavits for the following eight public hearings were on file.
Mayor McMenomy opened the Public Hearing for the O'Leary's Hills 5th Addition Street
and Utility Improvements Assessments, City Project 232.
Dave Simons from SEH Engineering reviewed the details for the assessments for O'I eary's
Hills 5th Addition Street and Utility Improvements.
MOTION by Busho to close the Public Hearing for City Project 232. Second by
Wippermann. Ayes: Staats, Busho, Wippennann, McMenomy. Nays: None.
MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT
ROLL, O'LEARY'S HILLS 5TH ADDITION STREET AND UTILITY
IMPROVEMENTS, CITY PROJECT 232. Second by Staats. Ayes: Busho,
Wippermann, McMenomy, Staats. Nays: None.
Mayor McMenomy opened the Public Hearing for the assessments for 145th Street
Improvements Shannon Parkway to Chili Avenue and the realignment of the
Chili /Chippendale Avenues Intersection with 145th Street.
Brian Bourassa from OSM Engineering reviewed the costs and funding for the 145th Street
Improvements. Mr. Carlon was removed from the Assessment Roll because he changed his
driveway from Chili to 143rd Street.
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 18, 1994
The following residents filed signed letters with the City Clerk's office appealing their
assessments: Richard L. Carroll and Thomas A. Carroll, Mr. Pat Finnegan, Kenneth V.
Gist, Robert F. Shimota. and Mark W. Heesch. Each resident had an opportunity to
comment.
Charles Todd had no assessment, but commented that the speed of cars on the new road was
excessive.
MOTION by McMenomy to close the Public Hearing for 145th Street Improvements
Shannon Parkway to Chile Avenue and the realignment of the Chili/Chippendale Avenues
Intersection with 145th Street, City Project 235. Second by Wippermann. Ayes:
Wippermann, McMenomy, Staats, Busho. Nays: None.
Mayor McMenomy noted that he objected to the Chili Avenue properties being assessed.
MOTION by Wippemiann to adopt A RESOLUTION ADOPTING ASSESSMENT
ROLL, 145TH STREET IN PROVEMENTS SHANNON PARKWAY TO CHILI
AVENUE AND THE REALIGNMENT OF THE CHILI /CHIPPENDALE AVENUE
INTERSECTION WITH 145TH STREET, CITY PROJECT 235. Second by Busho.
Ayes: Staats, Busho. Wippermann. Nays: McMenomy.
Mayor McMenomy opened the Public Hearing for assessments for Shannon Hills 5th
Addition Street and Utility Improvements, City Project 243.
Brian Bourassa, SEH Engineering, reviewed the project costs.
MOTION by McMenomy to close the Public Hearing for City Project 243. Second by
Staats. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None.
MOTION by McMenomy to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL,
SHANNON HILLS 5TH ADDITION STREET AND UTILITY IMPROVEMENTS,
CITY PROJECT 243. Second by Staats. Ayes: Busho, Wippermann, McMenomy, Staats.
Nays: None.
Mayor McMenomy opened the Public Hearing for the Armory Site Sanitary Sewer
Improvements Assessment Hearing, City Project 236.
Dave Simons, SEH Engineering, noted project costs and that sewer on the east side of
Highway 3 could be extended further south in the future if warranted.
MOTION by McMenomy to close the Public Hearing for City Project 236. Second by
Busho. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None.
MOTION by Busho to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL,
ARMORY SITE SANITARY SEWER IMPROVEMENTS, CITY PROJECT 236.
Second by Wippermann. Ayes: McMenomy, Staats, Busho, Wippermann. Nays: None.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 18, 1994
Mayor McMenomy opened the Public Hearing for the Walter Hansen Addition: Preliminary
Plat and Rezoning.
Assistant Planner Pearson explained the Walter- Hansen Addition preliminary plat and
rezoning. The Planning Commission recommends its approval.
MOTION by Wippermann to close the Public Hearing on the Walter- Hansen Addition:
Preliminary Plat and Rezoning. Second by Staats. Ayes: Staats, Busho, Wippennann,
McMenomy. Nays: None.
MOTION by Wippermann to adopt A RESOLUTION APPROVING THE WALTER
HANSEN ADDITION ADMINISTRATIVE PLAT. Second by Busho. Ayes: Busho,
Wippermann, McMenomy, Staats. Nays: None.
MOTION by Wippermann to adopt ORDINANCE B-47 AN ORDINANCE AMENDING
ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE which provides for
the rezoning of property within the Walter- Hansen subdivision from PUB Public to C -2
Community Commercial. Second by Busho. Ayes: Wippermann, McMenomy, Staats,
Busho. Nays: None.
Mayor McMenomy opened the Public Hearing for Outlot A, Carrousel Plaza South:
Rezoning.
Assistant Planner Pearson presented a request from Ron Carlson to rezone the outlot situated
south and west of the new GTI Theater to BP -2 Business Park. It is currently zoned R -3
Multiple Family Residential. Because this is a transition zone from residential to
commercial, the Planning Commission recommended BP -3 Business Park which does not
allow all types of uses Staff was neutral on the recommendation. The Mayor preferred
BP -2 Business Park.
MOTION by McMenomy to close the Public Hearing for Outlot A, Carrousel Plaza South:
Rezoning. Second by Staats. Ayes: McMenomy, Staats, Busho, Wippermann. Nays:
None.
MOTION by Wippermann to adopt ORDINANCE B -48 AN ORDINANCE AMENDING
ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE which provides for
the rezoning of outlot A, Carrousel Plaza South from R -3 Multiple Family Residential to BP-
3 Business Park. Second by Staats. Ayes: Staats, Busho, Wippermann, McMenomy.
Nays: None.
Mayor McMenomy opened the Public Hearing for Betty Jo Schmitt Preliminary Plat.
Staff advised City Council that the interested parties could not move forward on the
development at this time, but possibly in the spring.
MOTION by McMenomy to table the Public Hearing for Betty Jo Schmitt Preliminary Plat.
4
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 18, 1994
Second by Wippermann. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None.
Mayor McMenomy opened the Public Hearing for Zoning Ordinance Text Amendment: R -3
District Density Reduction.
Assistant Planner Pearson said that this text amendment would lower the maximum density
allowed in the R -3 Multiple Family Residential District from eighteen dwelling units per acre
to twelve dwelling units per acre. There is a "density bonus" feature that could award
developers for significant improvements above minimum standards which can raise the
density from twelve to no more than eighteen per acre.
MOTION by Wippermann to close the Public Hearing for Zoning Ordinance Text
Amendment: R -3 District Density Reduction. Second by McMenomy. Ayes: Wippermann,
McMenomy, Staats, Busho. Nays: None.
MOTION by McMenomy to adopt ORDINANCE B AN ORDINANCE AMENDING
ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE amending the zoning
ordinance test which reduces the R -3 Multiple Family District Density from eighteen units
per acre to twelve units per acre. Second by Wippermann. Ayes: McMenomy, Staats,
Busho, Wippennann. Nays: None.
Brian Bourassa, OSM Engineering, studied the possibility of installing a 4 -way stop sign at
145th Street and Canada Avenue. The results show that traffic volume, accident reports, and
state standards' warrants are not met for a 4 -way stop sign to be installed.
Katherine Walker, 14540 Canada Avenue, noted that the intersection is a main school
crossing and traffic is heavy after school and Sunday mornings. She presented a petition
signed by resident in favor of a 4 -way stop sign. She reminded Council to look to the
future.
City Administrator Burt said that the stopping actually makes people speed up faster to make
up for time. Also. more noise is generated by cars breaking and accelerating. More
enforcement of the speed limit would be needed.
Bourassa suggested additional stripping in the crosswalk, use of adult crossing guards for the
children crossing during school hours, and the new street lighting will help. A review will
be made within a years time. Consensus with the Council was to have staff proceed as
recommended.
Parks and Recreations /Community Center Director Topitzhofer reviewed the events leading
to the proposed restructuring of the Parks and Recreation Committee and the Community
Center Committee.
MOTION by McMenomy to merge the existing Parks and Recreation Committee with the
Community Center Commission, forming a seven member advisory committee entitled
"Parks and Recreation Committee to be effective February 1, 1995, and selection of such
members to be determined by City Council at a later date. Second by Busho. Ayes: Staats,
Busho, Wippennann, McMenomy. Nays: None.
MOTION by McMenomy to accept the resignation of Randy Moe, Building Maintenance
Supervisor, effective October 21, 1994. Second by Wippermann. Ayes: Busho,
Wippermann, McMenomy, Staats. Nays: None.
Staff and Council will miss Randy and the fine job he did at the Community Center.
Community Development Director Wasmund presented the Downtown Development
Committee mission statement: The mission of the Downtown Development Committee shall
be to review as an advisory task force to the Rosemount Planning Commission the
redevelopment plan that Rosemount city staff will develop utilizing the recommendations of
the Downtown Scoping Committee, McComb Group, LTD reports, the Comprehensive
Guide Plan and other relevant information.
MOTION by Busho to appoint the following persons to serve on the Downtown
Development Committee: Ron Carlson, Peggy Spadafore, Todd Franz, Brad Renn, Renee
Stevenson, Randy Wood, Marie Jensen, Shirley Doering, Bill Droste, Sharon Johnson, Rix
Skonberg, Maureen Bouchard, Sally Renish, Ena Cisewke, Dennis Wippermann, Laurie
Oliver -Boyd, and E.B. McMenomy. Second by McMenomy. Ayes: Wippermann,
McMenomy, Staats, Busho. Nays: None.
MOTION by McMenomy to adjourn the meeting. Second by Wippertnann. Ayes:
McMenomy, Staats, Busho, Wippermann. Nays: None. The meeting was adjourned at
9:45 p.m.
ATTEST:
Thomas D. Burt
City Administrator
The City Council Agenda Packet is Clerk's File 1994 -34.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 18, 1994
Respectfully submitted,
Linda Jentink
Recording Secretary
6
1
1
ROSEMOUNT CITY PROCEEDINGS
CLOSED MEETING
OCTOBER 25, 1994
Pursuant to due call and notice thereof a Closed meeting of the
Rosemount City Council was duly held on Tuesday, October 25, 1994
at 6:00 p.m. in the Upper Conference Room at City Hall, 2875
145th Street West.
Mayor McMenomy called the meeting to order with Councilmembers
Staats, Busho, Anderson and Wippermann present. Also present was
City Administrator Burt and consultant James Brimeyer from
Brimeyer Group, Inc.
The Council held discussion on the City Administrator's first six
months employment evaluation.
MOTION by Busho to adjourn the meeting. Second by Anderson.
Ayes: 5. Nays: None. The meeting was adjourned at 6:55 p.m.
Respectfully submitted,
G
Thomas D. Burt
Recording Secretary
1
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
OCTOBER 25, 1994
Pursuant to due call and notice thereof a Special meeting of the Rosemount City Council was
duly held on Tuesday, October 25, 1994 at 7:00 p.m. in the Council Chambers at City Hall
2875 145th Street West.
Mayor McMenomy called the meeting to order with Councihnembers Staats, Busho,
Anderson and Wippermann present. Also present was City Administrator Burt.
The Council held discussion on the 1995 City of Rosemount Budget.
MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: McMenomy,
Staats, Busho, Wippernann. Nays: None. The meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Thomas D. Burt,
City Administrator
1
1
1
NOTICE
Effective November 1, 1994, all closed meeting minutes will be kept in
a minute book and all subsequent closed minutes to be stored in the City
Clerk's office.
All closed meeting minutes relating to the McDonough lawsuit are
included in the client privileged file in the City Clerk's office.
Dated this 17th day of October, 1994.
Su .n M. Wal City Clerk
City of Rosemount
Dakota County
State of Minnesota
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, November 1, 1994 at 7:42 p.ni. in the Council Chambers at City
Hall, 2875 145th Street West.
Mayor McMenomy called the meeting to order with Councilmembers Staats, Busho and
Anderson present. Councihnember Wippermann was absent. Also present were City
Attorney LeFevere, City Administrator Burt. Community Development Director Wasmund
and Finance Director May.
Mayor McMenomy led the group in the Pledge of Allegiance.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
NOVEMBER 1, 1994
The Agenda was amended to include Item 3.b. U.S.P.C.I. News Release; Item 4. m. Rex's
Rich Valley Estates: Set Public Hearing; Item 4. n. Cooperative Agreement with MNDOT
for Snow Removal on Trunk Highway 3; Item 5.c. State Auditor's Report Conflict of
Interest; Item 6. a. Abolishment of Economic Development Coordinator Position; and Item
7. Thanks to All for Support of Haunted Woods.
City Administrator Burt explained that local members of the Chamber of Commerce have
formed a committee to plan a Holiday Celebration, December 4th, at the Community Center.
Marge Ryan, chairperson of the committee, contacted Burt and requested that staff provide a
tree at the Community Center that could be decorated. Public Works staff contacted Earl
Marotzke of Earl's Tree Farni and as a result, Mr. Marotzke donated a 35 foot spruce tree
that was planted near the pond area of the Community Center. Mayor McMenomy presented
a certificate of appreciation to Mr. Marotzke, showed the plaque that will be per nanently
placed at the base of the tree, and thanked Public Works staff for their coordination of the
project.
Marge Ryan reviewed the plans for a Christmas celebration on Sunday, December 4, 1994,
2 P.M. to 8 P.M. This celebration is entitled "Share the Spirit" of a Rosemount Christmas
Celebration. Volunteers are being sought for several committees and donations are being
accepted through the Northern Dakota County Chamber Foundation, P.O. Box 198,
Rosemount, Minnesota. The downtown area will be decorated, there will be a tree lighting
ceremony, and caroling. The Council thanked Ms. Ryan and the participants and look
forward to the community involvement.
Mayor McMenomy commented on the letter of intent he received to sell U.S.P.C.I., Inc. a
hazardous waste subsidiary of Union Pacific Corporation to Laidlaw, Inc. of Burlington,
Ontario, Canada. Laidlaw, Inc. is a major provider of environmental management and
transporation services to municipalities and industries throughout the United States and
Canada.
MOTION by Busho to approve the Consent Agenda with the two added items, Item 4. m.
Rex's Rich Valley Estates: Set Public Hearing and Item 4. n. Cooperative Agreement with
MNDOT for Snow Removal on Trunk Highway 3. Second by Staats. Ayes: Anderson,
McMenomy, Staats, Busho. Nays: None.
Community Development Director Wasmund reviewed the hiring process used in the search
for a Senior Planner. There were 30 applications. The top six were interviewed and
Wasmund recommended the hiring of Andrew Mack.
1
1
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
NOVEMBER 1, 1994
MOTION by Busho to approve the hiring of Andrew Mack for the position of Senior
Planner according to the terms of the offer letter and conditioned upon successfully
completing an employment physical and driving record check. Second by McMenomy.
Ayes: McMenomy, Staats, Busho, Anderson. Nays: None.
City Administrator Burt noted a concern of Mr. and Mrs. Fischer, 3125 145th Street West
regarding the new lighting on 145th Street West. Fischers felt the lights are too bright. The
lighting plan was done jointly between the city engineer, an engineering consultant firm and
Northern States Power Company. The level of brightness is required because it is a collector
street. Council concluded that after one year the situation will be reviewed with the
possibility of lowering the wattage or adding shields to direct the light away from homes.
Mayor McMenomy requested the City Administrator and City Attorney to do an Executive
Summary on the claims made to the State Auditor's Office and have that presented at the
next City Council meeting.
City Administrator Burt presented the recommendation for the City Council to abolish the
position of Economic Development Coordinator. Port Authority approved their 1995 Budget
without this position due to the minimal economic development activity.
MOTION by McMenomy to abolish the position of Economic Development Coordinator and
to approve the layoff of John Miller with a two week advance notification. Second by
Busho. Ayes: Staats, Busho, Anderson, McMenomy. Nays: None.
Councihnember Busho thanked City Staff and all who volunteered to help with the
Halloween Haunted Woods at Carroll's Woods. The weather was great and it was a real
success with many happy participants.
Busho requested an announcement on the City Administrator's review at the next meeting.
The City Engineer, Bud Osmundson, has been seriously ill. He is recuperated at home now,
and is expected back next week. Some tasks have been temporarily delayed, but staff is
working hard to keep on top of things and should be back to normal soon.
MOTION by Staats to adjourn the meeting. Second by McMenomy. Ayes: Busho,
Anderson, McMenomy, Staats. Nays: None. The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Linda Jentink
Recording Secretary
The City Council Agenda Packet is Clerk's File 1994 -35.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
NOVEMBER 15, 1994
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, November 15, 1994, at 7:30 p.m. in the council chambers at City
Hall, 2875 145th Street West.
Acting Mayor Wippermann called the meeting to order with Councilmembers Anderson,
Busho, and Staats present. Staff present included City Administrator Burt, Community
Development Director Wasnntd, Parks and Recreation Director Topitzhofer. Senior Planner
Mack, Assistant Planner Pearson, Administrative Assistant Walsh, and City Attorney
LeFevere.
Acting Mayor Wippermann led the group 111 the Pledge of Allegiance.
The agenda was amended to include 9. A. Miss Rosemount Pageant and 4. G. Set Public
Hearing for December 20. 1994, on the Modification of the Redevelopment Plan for the
Rosemount Redevelopment Project and Establishment of Tax Increment Financing District
No. 1 -2 and a TIF Plan.
A member of the audience, Renee Stevenson. questioned whether a report from the city
attorney regarding the auditor's report would be on the agenda. Staff informed Ms.
Stevenson that it would be discussed at the December 6, 1994, meeting.
Community Development Director Wasmund introduced Andrew Mack who was recently
hired by the city as its Senior Planner. Wasmund advised that in addition to directing the
planning department. Mr. Mack will serve as staff facilitator for the Downtown Scoping
Committee. Councilmembers welcomed Mr. Mack to the city staff.
MOTION by Wippermann to approve the consent agenda with the addition of 4. G.
SECOND by Staats. Ayes: Anderson, Wippermann, Staats, Busho, Nays: 0.
Councilmember Busho advised that City Administrator Burt's recent performance review was
very positive. Other Councilmembers also voiced their satisfaction with Mr. Burt's
performance and added that favorable continents have been received outside of city hall, too.
Parks and Recreation Director Topitzhofer reviewed staff correspondence regarding the
hiring of an Arena Manager for the Community Center. Councilmembers voiced concerns
regarding the management of the rest of the building and was advised that it would be taken
care of by re- structuring staff and shifting responsibilities.
MOTION by Busho to authorize posting and advertisement for the position of Arena
Manager. SECOND by Anderson. Ayes: Wippennann, Staats, Busho, Anderson.
Nays: 0.
City Administrator Burt advised, that at Renee Stevenson's request, the issue of closed
meeting tapes and their availability to the public was on the agenda for the city council to
take an official stance on whether to make closed session tapes public. City Attorney
LeFevere commented on the free communication that takes place between an attomey and its
client in closed sessions and those discussions are considered attorney /client privileged
information LeFevere added that it is the decision of the client whether to make those tapes
available to the public. Discussion ensued as councilmembers discussed the retention period
of tapes. Staff was directed to take this issue under advisement, researching the legal
retention period of meeting tapes, and bring back a recommendation to a future meeting.
Acting Mayor Wippermann called for a one minute recess at 7:59 p.m. before the scheduled
8:00 public hearing.
The meeting reconvened at 8:00 p.m.
A public hearing was held regarding Rex's Rich Valley Estates Preliminary Plat. The
recording secretary noted that the Affidavits of Published and Posted Notices were on file.
Assistant Planner Pearson reviewed staff correspondence regarding Rex's Rich Valley Estates
Preliminary Plat and advised that the plat was consistent with current standards.
Pearson explained that an additional condition should be added stating that a restrictive
covenant will be recorded restricting further subdivision of the remanent 47.5 acres until the
zoning ordinance is changed.
There were no comments from the audience.
ROSEMOIJNT CITY PROCEEDINGS
REGULAR MEETING
NOVEMBER 15, 1994
MOTION by Staats to close the public hearing. SECOND by Busho. Ayes: Staats, Busho,
Anderson. Wippennann. Nays: 0.
MOTION by Wippermann to adopt the resolution, with the addition of the fourth condition,
approving the preliminary plat for Rex's Rich Valley Estates setting out the four conditions.
SECOND by Staats. Ayes: Busho, Anderson, Wippennann, Staats. Nays: 0.
A public hearing was held regarding Off Sale 3.2% Malt Liquor License for Jubilee Foods.
The recording secretary noted that the Affidavits of Published and Posted Notices were on
file.
Administrative Assistant Walsh advised that Berry- Falls, Inc., dba Jubilee Foods, has applied
for a liquor license to sell 3.2% malt liquor at their new store located at 3400 150th Street
West. The background investigation by Chief Knutsen produced clean records on both
owners of the store. Walsh further advised that all paperwork is in order and that the
investigation deposit and license fees have been paid. Walsh recommended approval of the
license application.
Councilmembers questioned the age requirements to legally sell liquor. City Attorney
LeFevere advised that he would check into it. Council directed staff to share the attorney's
opinion with the local stores when received.
There were no comments from the audience.
MOTION by Wippennann to close the public hearing. SECOND by Busho. Ayes:
Anderson, Wippermann. Staats. Busho. Nays: 0.
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
NOVEMBER 15, 1994
MOTION by Anderson to approve issuance of a 3.2% malt liquor license to Berry-Fall, Inc.
dba Jubilee Foods subject to the city receiving proof of liquor liability insurance. SECOND
by Busho. Ayes: Wippennann, Staats, Busho, Anderson. Nays: 0.
At the request of Renee Stevenson, video taping meetings for the public access channel was
brought up for discussion. City Administrator Burt advised that staff is looking for direction
from city council. Burt explained that even though there should he no cost to the city with
volunteers taping the meetings and the cable company providing the equipment, there may be
some costs to improve the facilities, i.e. lighting and acoustics. Councilmembers voiced
concerns regarding the reliability of volunteers to consistently tape council meetings,
concerns that there would be no control over the editing of the tapes, and the need for
assurances that entire meetings would be taped and not segments of them. Councihnembers
also questioned who would be responsible if damage should occur to the cable company's
equipment. City Administrator Bun advised that staff would examine council's questions and
try to determine a long tern approach to the proposal. A suggestion was made to look to
Apple Valley for assistance since they have gone through a similar process.
City Administrator Burt advised that the Utility Commission is recommending to the city
council that certain sections of their bylaws be amended. After discussion, council directed
staff to suggest to the Utility Commission that they elect a Vice- President at the beginning of
the year when electing their President. Council disagreed with the other suggested changes
and recommended that the rest of the language stay as -is.
Councilmember Busho advised that a Rosemount group is seeking to organize a "Miss
Rosemount Pageant." Among other duties, Miss Rosemount would preside over Leprechaun
Days and represent Rosemount in the Miss Minnesota pageant. Busho explained that it will
be a great opportunity for the winner to earn scholarships and possibly he a great avenue for
marketing Rosemount. Busho requested that councilmembers think about the idea and pass
on any con to her.
MOTION by Staats to adjourn. SECOND by Busho. Ayes: 4. Nays: 0. Meeting
adjourned at 8:46 p.m.
The City Council Agenda Packet is Clerk's File 1994 -36.
Respectfully submitted,
Deborah Widstrom
Recording Secretary