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)
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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
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` 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 �
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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
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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.
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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. •
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