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Home My WebLink About4.a. Minutes of September 5, 1995 Regular City Council Meeting J ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 1995 Pursuant to due eall and notice thereof a regular meeting of the Rosernount City Council was duly held on Tuesday, September 5, 1995 at 7:30 p.m. in the Council Chambers at City Hall, 28'75 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Wippermann, and Busho present. Councilmember Staats was absent. Staff present included: City Attorney LeFevere, City Administrator Burt, Senior Planner Mack, Code Enforcement and Administrative Intern McKnight, Finance Director 7eff May, Parks and Recreation/Community Center Director Topitzhofer, Public Works director/City Engineer Osmundson, and Fire Chief Aker. Mayor McMenomy lead the group in the Pledge of Allegiance. Item 4.d. Expenditure Approval from Donatiori Account for Community Center was pulled from Consent Agenda for discussion under New Business. MOTION by Wippermann to approve the Consent Agenda with the removal of Item 4.d. for discussion. Second by Anderson. Ayes: Busho, Anderson, Wippermann,McMenomy. Nays: None. City Administrator Burt and Finance Director May presented a resolution to formally adopt the 1996 preliminary levy and to set the budget hearing dates required under truth in taxation laws. These hearing dates were discussed at the August 15, 1995 City Council meeting along with details of the 1996 budget. The public hearing dates are November 29, 1995, at 7 p.m. and, if continued, December 8, 1995, at 7 p.m. MOTION by McMenomy to adopt A RESOLUTION SETTING THE PRELIlVIINARY 1996 GENERAL FUND OPERATING BUDGET, THE 1996 C.I.P. BUDGET, THE 1996 INSURANCE BUDGET AND THE 1996 LEVY REQUIRED BY THE CITY OF ROSEMOUNT. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: None. � Public Works Director/City Engineer Osmundson said that Dakota County staf�and the Commissioners have held various meetings with surrounding communities regarding County Road 46 and its alignment. The County Board agrees that County Road 46 should continue on 160th Street and is requesting the City's support to present to the University of Minnesota who has control of much of the property on 160th Street. Osmundson noted that federal funding which the County is going to apply for may be available for this project in 1998. MOTION by Wippermann to adopt A RESOLUTION TO SUPPORT THE 160TH STREET ALIGNMENT OF COUNTY ROAD 46 BETWEEN TRUNK HIGHWAY 52 AND CSAH 31,PILOT KNOB ROAD. Second by Anderson. Ayes: Wippermann, McMenomy,Busho, Anderson. Nays: None. Senior Planner Mack presented the Zoning Ordinance Test Amendment for Setback and Lot Dimension Standards. References to pipelines have been eliminated and revisions were made with the assistance of the city attorney to clarify certain portions. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 1995 Reid Hansen, Attorney for CMC Heartland, noted that he felt the language was still not clear and that many more variances for setbacks would be required when developments occur, Council asked for additional input from other developers. Mayor McMenomy noted that he thought the setbacks were excessive. Staff will report back to City Council at a future meeting with additional information. City Administrator Burt introduced Mark Vetter of Vetter Johnson Architects and Todd Christopherson of AMCON who have been working with staff and the Fire Service Task Force on the proposed fire station. Vetter presented architectural drawings of the proposed fire station which has been scaled down in size from past plans. The site plan on Shannon Parkway and Dodd Boulevard added some design difficulty to overcome but resulted in a clear egress design. The fire truck bays can be loaded from both sides of the building. It will be a one story building with basic training areas , small kitchen, apparatus room, locker room, and hose tower. It will be approximately 15,000 square feet with a cost of$88 per square foot and will be adequate for the 45 volunteer firefighters. Christopherson said that all costs for the building will be 1.337 million dollars and that additional funds will be needed for the referendum, bond costs, survey, site tests, land purchase, furniture and equipment purchases in the total amount of 1.75 million dollaxs. Fire Chief Aker noted that the fire department is supporting this proposed fire station and the fire department members have been kept up to date on its progress. Council discussed ways to inform the public which should highlight that it is a"bare bones" fire station. Renee Stevenson, 14600 Cameo Avenue, a member on the Fire Service Task Force, said that the proposed fire station had been reviewed closely by the comrnittee and they felt it was a very good "baxe bones" facility. A fire station is normally needed in a community with every 10,000 people population growth and that Rosemount is certainly planning for the future at the right time. MOTION by Anderson to adopt A RESOLUTION CALLING FOR AN ELECTION ON $1,750,000 GENERAL OBLIGATION PUBLIC FACILITY BONDS. Second by Wippermann. Ayes: McMenomy, Busho, Anderson, Wippermann. Nays: None. Code Enforcement and Administrative Intern McKnight reviewed the moratorium placed on the Adult Establishment Ordinance. Research has continued since October of 1994 in order to develop this ordinance. City staff has been working with the city attorney and maps have been developed showing the areas where this type of use would be permitted. A review and recommendation by the Planning Commission will be required before final action by the City Council on the proposed requirements. City Attorney LeFevere advised that these activities do not constitute criminal behavior, but the negative secondary effects may be controlled due to these four findings: 1) an adult use cannot be regulated on the basis of the materials they sell or the entertainment provided, but only on the effect that such businesses have on the surrounding area; 2) a municipality must conclude that such adult businesses create adverse secondary effects such as neighborhood blight, diminished property values and increased crime; 3)municipalities need not conduct their own adverse secondary effects studies, they can rely on studies performed by other cities, provided that the studies are reasonably related to the problem that the city is trying 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 1995 to address; and 4) either dispersal or concentration regulations may be utilized, in either case, the City must a11ow a reasonable opportunity area in the city for adult uses to locate. Obscenity is criminal and is restricted now by state law. This ordinance will be more restrictive than the current city ordinances. The City may decide to e�end the moratorium for an additional six months. Further discussion time will be possible at the next City Council meeting. Mayor McMenomy requested discussion of the expense to the Community Center water drainage problem because he felt it was a design flaw that should have been handled by the architect. Parks and Recreation/Community Center Director Topitzhofer directed the concrete planter be removed because drainage from the roof directed into the planter was causing water damage to areas below ground level inside the building. A change order was carried out diverting half the water in the other direction, but the problem has still persisted. The consensus was to correct the problem as soon as possible before permanent darnage occurred. MOTION by McMenomy to approve the expenditure of$730.00 for cement work at the Community Center, and to approve amendments to the budgets as indicated on the attached donation revenue worksheet. Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy. Nays: None. Councilmember Busho announced an open house celebration of the MVTA(Minnesota Va11ey Transit Authority) office building in Burnsville on Thursday, September 14, 1995 at 6 p.m. for City Council and Saturday, September 16, 1995 from 10 a.m. to 4 p.m. for the public. MOTION by McMenomy to adjourn the meeting. Second by Wippermann.. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: None. The meeting was adjourned at 9:10 p.m. Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1995-2L 3