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HomeMy WebLinkAbout6.a. Minute of December 15, 1998 Regular City Council Meeting �. �` ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1998 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday,December 15, 1998,at 7:30 p.m.in the Council Chambers at City Hall,2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Anderson, and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, City Engineer/Public Works Director Osmundson, Parks & Recreation/ Community Center Director Topitzhofer, Community Development Director Rogness, and City Planner Pearson. Councilmember Joan Anderson led the group in the Pledge of Allegiance. The agenda was modified by adding three items: Minnesota Alliance for Youth Pledge, Budget Amendments, and Cooperative Agreement Request� Item 6.h. 1999 License to Sell Cigarettes at Retail Renewals requested two additional applicants,The American Legion Club and AMOCO Gas Station. Item 7.c.Public Works Garage Addition�'inancing showed the rate of percent per annum at S.5%which should be corrected to 5.0%. These changes and additions were duly noted. There were no public comments or responses to public comments. Response to Draft Dakota Countv Comnrehensive Plan Community Development Director Rogness reviewed the process Dakota County is using for public response to their Comprehensive Plan Update 2020. Rogness noted six points in a letter to Ms. Moratzka at Dakota County. The final review will take place in February. MOTION by Busho to direct staff to send a letter to Dakota County with comments on its Draft Dakota County Comprehensive Plan-Dakota County 2020. Second by Edwards. Ayes: 4. Nays: 0. Motion carried. Consent Agenda The Consent Agenda was amended by pulling Item 6.g.Resolution Supporting Joint Cable Franchise Negotiations for discussion immediately following the motion for Consent Agenda. Discussion on Item 6.h. 1999 License to Sell Cigarettes At Retail Renewals noted the motion be amended by removing"pending"and replace it with"in accordance with." MOTION by Edwards to approve the Consent Agenda with the addition of Item 6.m. Budget Amendments and pulling Item 6.g. Resolution Supporting Joint Cable Franchise Negotiations for discussion. Second by Anderson. Ayes:Anderson,Busho,Carroll,Edwards.Nays:None. Motion carried. a. Minutes of December 1, 1998 Regular City Council Meeting b. Minutes of December 7, 1998 Special City Council Meeting c. Approval of Bills Listing d. Donation Account Expenditure - Police e. Donation Account Expenditure - D.A.R.E. f. Approval of 1999 Budget: Setting 1999 Levies and Budgets g. Resolution Supporting Joint Cable Franchise Negotiations(Pulled) ..` r ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1998 h. 1999 License to Sell Cigarettes At Retail Renewals(Add two) i. 1999 CDBG Entitlement Program j. Tree City USA Recertification k. Payment#5, 145 Street West, Street & Utility Improvements, City Project 291 1. Fleet Development Assessment Agreement m. Budget Amendments I�m�6.g ResolLtion S�unorting Joint Cable FranclLice Nego ia ion Councilmember Edwazds noted that he felt that communication now and with future Councils could be restricted by this type of resolution. The State Statutes restrict gifts over $5 for any elected official and memorandum from the Administrator or City Attorney could remind Council of proper conduct during negotiations. Edwards suggested a letter would be more appropriate to Marcus Cable. MOTION by Edwards to direct staff to send a letter to Marcus stating that the main contact for - franchise negotiations is Attorney Thomas Creighton and that all correspondence should be directed Mr. Creighton. Second by Anderson. Discussion was held. Councilmember Carroll presented a friendly amendment to the motion indicating it would be O.K. for Councilmembers to receive conespondence. Edwards and Anderson accepted the friendly amendment. MOTION by Edwards to direct staff to send a letter to Marcus Cable stating that the main contact for franchise negotiations is Attomey Thomas Creighton; have all correspondence directed to Mr. Creighton; and that direct correspondence to Councilmembers is acceptable. Second by Anderson. Ayes: Busho, Carroll, Edwards, Anderson. Nays: None. Motion Carried. �99 Fee ResolLtion nnual Review and Update City Administrator Burt presented the 1999 Fee Resolution for the second review. The major change was adopting the 1997 Uniform Building Code Table 1-A. Staff is recommending that the Plan Check Fee remain the same in 1999. MOTION by Busho to adopt the 1999 Fee Resolution - A RESOLUTION ESTABLISHING RATES AND FEFS FOR 1999. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Busho. Nays: None. Motion carried. RP[`P7VP FPACIIII�I RPport/Apnrove Pro1ect/Order Plans & Snec's - Bloomfield 2nd Addition �treet & Ut'Lt�Lprovementc,�ity Project 299 Public Works Director/City Engineer Osmundson reviewed the petition for public improvements from CMC Heartland Partners for their second addition of Bloomfield. This will allow a second access into the development which is preferred for emergency vehicles. All costs will eventually 2 ` ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1998 be absorbed by the developer. Mayor Busho noted with concem the cost of the improvements and length of time before the homes are sold to recoup development costs. The developer noted that model homes will be in the 1999 Parade of Homes with total build-out expected in two and one- half years. City Attorney LeFevere noted that oprions are available to Council to levy the special assessments before the project is built if desired. Council will have further opportunities to examine how they will proceed. MOTION by Carroll to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT, APPROVING THE PROJECT AND ORDERING PLANS AND SPECIFICATIONS FOR THE BLOOMFIELD 2ND ADDITION STREET & UTILITY IMPROVEMENTS, CITY PROJECT 299. Second by Edwards. Ayes: Edwards, Anderson, Busho, Carroll. Nays: None. Motion carried. Public Works Gara�e Addition Financing � -� Public Works Director Osmundson showed how financing from within the City's own funds was available. This funding was reviewed by our bonding counsel, Briggs & Morgan, who noted it would save the City issuance costs of$10,000 to$15,000. It is recommended to borrow the money from the Sanitary Sewer Core Fund in the amount of$548,337.30 with repayment of principal and interest at the rate of 5.0%. Council consensus was that caution must be used, being sure that the Sanitary Sewer Core Fund was fully covered for future needs. Mayor Busho noted that the Utility Commission did review this matter and was comfortable with the loan. A work session was requested and staff removed the request for a motion at this time. Agric�ltLral L.ot Divicion - Edna O1Lmann 4947 160th Street East City Planner Pearson reviewed the request of the agricultural lot division to subdivide the eighty acre farm of Edna Ohmann. The buildings would be located on a 5 acre lot and the balance is 75 acres. The lot division meets all of the requirements for agricultural divisions. The Planning Commission conducted a public heazing on November 24, 1998 recommending approval of the lot split. � MOTION by Edwards to adopt A RESOLiJTION APPROVING THE AGRICULTURAL LOT SPLIT FOR ENDA OHMANN. Second by Carroll. Ayes: Anderson, Busho, Carroll, Edwards. Nays: None. Motion carried. Lance Johnson Mineral Extraction Permit Renewal for 1999 City Planner Pearson reviewed the mineral extraction operations located on the west side of County Road 71, one mile north of County Road 38. Last year's permit required a posted bond for $40,000 in the event the property was not restored properly. The pit has a new operator, Shafer Contracting Co. whose representative, Scott Spisak, gave assurances that the pit would be 3 ` , ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1998 operated to the satisfaction of all neighbors and City Council. Abutting properties have been recently fenced so no encroachments are probable. Much discussion was given to a concrete rubble pile on the property. Crushed concrete is used to mix with gravel and is considered valuable. This concrete pile is owned by the previous operator who plans to remove it soon. Council requested a work session to better understand the normal operations of a mineral extraction business. Councilmember Edwards moved to hold this item over to the next meeting or work session for City Planner Pearson to bring back changes as discussed for review at that time. No second was made. Lance Johnson, owner of the land used for mineral extraction, felt confident that Shafer Contracting Co. would satisfy any conditions that City Council required. Mayor Busho pulled the Lance Johnson Mineral Extraction Permit from the agenda tonight for further discussion at a work session. Mayor Humphrey of Apple Valley gave testimony to the professional operations that Shafer Contracting Co. had performed in the City of Apple Valley. Shafer had replaced the runways at the Minneapolis/St. Paul Airport which required 24 hour operation for three weeks to their Apple Valley plant with very little disturbance to local traffic and residents. MOTION by Edwards to direct staff to notify the applicant that an extention of the "60 Day Review" of the Lance Johnson Mineral Extraction Permit for 1999 is requested. Second by Anderson. Ayes: Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Minnesota �iliance with Youth Pledge Mayor Busho noted the presentation made by Sheila Klassen from the Rosemount Partnership Program, at the Special Committee of the Whole. Klassen extended an invitation to the City of Rosemount to become a"Community of Promise."This is a movement to increase awareness of the importance of youth to a community and to honor those initiatives or programs that are akeady in place. An inventory of all youth outreach programs available in Rosemount will be taken and made available to Rosemount's youth. Consensus was to participate. MOTION by Edwards to participate in the Minnesota Alliance with Youth by signing The Community of Promise Pledge. Second by Busho.Ayes: 4.Nays: 0. Motion carried. Coonerative Agreement Res}u�t Public Works Director/City Engineer Osmundson noted that Fleet Development has constructed a trucking operation east of Highway 52 and south of 140th Street. In an effort to improve the traffic of trucks accessing Hwy 52,MNDOT and Dakota County discussed constructing a frontage road, Conley Avenue,which would allow truck traffic to use CR 42 and then the existing interchange with Hwy 52. MNDOT has offered to allow this application for cost sharing if it can be applYed for this week since the regular application deadline is past. Staff recommends application. 4 , ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1998 MOTION by Edwards to adopt A RESOLUTION REQUESTING A COOPERATIVE AGREEMENT PROJECT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ON US HWY 52/STATE TH 56 FRONTAGE ROAD (CONLEY AVENUE) BETWEEN CSAH 42 AND 140TH STREET EAST. Second by Anderson. Ayes: Edwards, Anderson,Busho, Carroll.Nays: None. Motion carried. Presentation of Piaa�e to CoLncilmember Anderson Mayor Busho presented Councilmember Joan M. Anderson with a plaque showing appreciation for her commitment to the community. Councilmember Carroll noted his thanks for Anderson's work on the Port Authority Commission as well. Anderson noted her last five years have been great and thanked Council and staff for the plaque. Announcements Mayor Busho noted the Holiday Concert at the Community Center on December 17th at 7 p.m. which is free. Mayor Busho adjourned the regular meeting at 9:35 p.m. Respectfully submitted, Linda Jentink, Recording Secretary Susan M. Walsh, City Clerk The City Council Agenda Packet is Clerk's File 1998-38. • 5