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HomeMy WebLinkAbout4.a. Minutes of February 7, 1995 Regular Meeting � - ROSEMOUNT CITY PROCEEDINGS ''�'�� �' �;- � REGULAR MEETING FEBRUARY 7, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 7, 1995 at 7:35 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Acting Mayor Wippermann called the meeting to order with Councilmembers Staats, Busho, and Anderson present. Mayor McMenomy was absent. Also present were City Attomey I.eFevere, City Administrator Burt, Administra.tive Assistant Wa1sh, Community Development Director Wasmund, Senior Planner Mack, Assistant Planner Pearson, Parks and Recreation Director Topitzhofer, and Public Works Director/City Engineer Osmundson, and Building Inspector Paul Heimkes. Acting Mayor Wip}�ermann led the group in the Pledge of Allegiance. The agenda was not changed, however, corrections were made to Item 4.m. changing the bid opening date to March 3, 1995; and Item 7.a. Parks and Recreation by-laws were revised. The Metropolitan Mosquito Control District, represented by Dave French, Supervisor and Pete Whebble, Foreman, gave a presentation on the operations and control of mosquitos. The District Headquarters is here in Rosemount and staff there is willing to help residents with questions about mosquitos and their life cycles. Control is easiest in the larvae stage of development before the mosquito is airborne. There are about 15 species that are dangerous to humans and domestic animals because they can transmit a variety of diseases. Cattail marshes will be treated this month. Much of the winter is spent mapping areas and finding low spots that hold water which can produce mosquitos. The treatments used are methoprene, an insect growth regulator in briquet or pellet form, Bacillus thuringiensis var. israelensis, a natural soil bacteria in dry form applied by hand or helicopter, and permethrin and resmethrin made from the chrysanthemum flower. Metropolitan Mosquito Control District works hard to control the pesky mosquito so that residents can enjoy the beautiful Minnesota summers without too much irritaxion from them. Acting Mayor Wippermann opened the Public Hearing for Wensmann Seventh Addition: Planned Unit Development (PUD), Preliminary Plat and Rezoning. The recording secretary noted that the �davits of posted and mailed notice were on file. Assistant Planner Pearson reviewed the proposed Wensmann Seventh Addition which has 51 single level townhouse units and 30 single family lots. The Planning Commission approved the PUD and preliminary plat on January lOth and 24th, 1995. Pearson recommended tabling the rezoning portion of the request pending approval of the fmal plat. Wippermann noted that the over all density was lowered from the original plan. Anderson asked about separation from County Road 42 and Pearson replied that landscaping and increased setbacks are to be used. Overall, the landscaping is three times more than required. Busho noted that the use of a public informational meeting with this development worked well and would encourage such meetings with future developments. MOTION by Staats to close the Public �Iearing for Wensmann Seventh Addition: Planned Unit Development and Preliminary Plat. Second by Wippermann. Ayes: Wippermann, Staats, Busho, Anderson. Nays: None. MOTION by Wippermann to adopt A RESQLUTION APPROVING TAE WENSMANN SEVFNTH ADDITION PLAI�TNED LTNIT DEVELOPMENT AND PRELIlVIINARY PLAT AND SETTING � ROSEMOUNT CITY PROCEEDINGS ' � REGULAR MEETING FEBRUARY 7, 1995 OUT THE CONDII'IONS FOR FINAL PLAT APPROVAL. Second by Anderson. Ayes: Staats, Busho, Anderson, Wippermann. Nays: None. Discussion ensued regarding the Consent Agenda. Councilmember Wippermann requested a change to the minutes of January 17, 1995 on page one, paragraph 5, by adding the word "negative" in regard to the impact of the Metropolitan Airport Commission's planning process. Councilmember Busho noted that Item 4.j. reporting fmal payment of the Highway 3 Improvements project near the National Guard Armory/Community Center still has the orange silt fences to be removed. Public Works Director Osmundson noted that he would follow up on the removal of the fencing. MOTION by Anderson to approve the Consent Agenda with the noted change to the 7anuary 17, 1995 minutes and the corrected date of the bid opening in Item 4.m. to March 3, 1995. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, Staats. Nays: None. Assistant Planner Pearson introduced fmdings of fact supporting the termination of the Interim Use Permit for the operaxion of the Adventure Zone, a splatball gaming operation, at 1826 SSth Street East. Building Inspector Fieimkes sited non-compliance with the conditions set in 1994. Brett Harvey, President of the Adventure Zone said that communication between the Dakota County Department of , Transportation, city engineers, and himself was slow and he didn't know how to proceed. City Attomey LeFevere noted that if there is truly non-compliance, then renewal of or issuing a new Interim Use Permit would not be proper process. Due to new evidence and the willingness of the owner to move the trailer off the lot it would be more proper to give the applicant an extension. Council discussed the possibility of having a performance bond and a deadline for compliance. Council determined that sta.ff should proceed to work with Mr. Harvey on a compromise, but not allowing his business to open until compliance is attained. This extension is acceptable only because the owner shows willingness to comply. This "eleventh hour situation" is not a positive situation and will not likely be repeated. Council set a deadline of 7une 1, 1995. MOTION by Busho to table a resolution approving the findings of fact terminating the Interim Use Permit of the Adventure Zone. Second by Wippermann. Ayes: Anderson, Wippermann, Staats, Busho. Nays: None. Parks and Recreation Director Topitzhofer presented the by-laws for the Parks and Recreation/Community Center Committee. This combined two commissions into one. The changes in the by-laws allow the membership size to change from seven to five members and added a clause that requires the City Council's approval for amendments to the by-laws. Regulaz meetings will be the third Monday of each month with the option of adding special meetings when needed. MOTION by Wippermann to adopt the by-laws for the new Parks and Recreation / Community Center Committee. Second by Staats. Ayes: Wippermann, Staats, Busho, Anderson. Nays: None. 2 . ROSEMOUNT CITY PROCEEDINGS REGULAR MEETIl�TG FEBRUARY 7, 1995 Parks and Recreation Director Topitzhofer reviewed a complaint of an injury resulting from slidi.ng at Connemara Park. Sliding was not an intended use of the park and due to the risk it is recommended to prohibit sliding temporarily until staff can further evaluate the situation. Signs will be posted on January 31, 1995 and the police department will be notified and asked to patrol the park frequently. Council asked Topitzhofer to keep them advised. Administrative Assistant Walsh addressed the need for a Closed Executive Session of the City Council to discuss the new employee compensation plan. MOTION by Wippermann to set a Special Closed meeting on February 23, 1995 at 6:30 p.m. for the purpose of reviewing aproposed employee salary plan. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann. Nays: None. Public Works D'uector/City Engineer Osmundson reviewed the options for the proposed extension of Diamond Path south of Dakota County Road 42 due to the development of Wensmann �th Addition. Council directed Osmundson to proceed with the cul-de-sac option for December Trail and wait until joint participation with Dakota County and Apple Valley was available for the extension of Diamond Path. Public Works Director/City Engineer Osmundson explained that through a formula each city is allocated a certain number of miles to designate as Municipal State Aid 5treets (MSA) which makes that street eligible for receiving MSA funds for construction and maintenance. The past two years development within Rosemount has added approximately 3.8 miles to our system, plus the three miles of County Road 38 tumback resulting in an additional 1.16 miles which can be added to our MSA system. MOTION by Wippermann to authorize staff to request the addition of 1.16 miles described as Chippendale Avenue from CSAH 42 to 145th Street (length 2,700') and 132nd Street from Dodd Boulevard to State TH 3 (length 630'). Second by Anderson. Ayes: Busho, Anderson, Wippermann, Staa.ts. Nays: None. MOTION by Wippermann to adjourn the regular agenda and to hold a closed meeting for the purpose of discussing police union contract negotiations. Second by Busho. Ayes: Anderson, Wippermann, Staats, Busho. Nays: None. At 9:40 p.m. the City Council withdrew to the Council Lounge for a Closed Executive Session. The regular meeting was reconvened at 10:17 p.m. MOTION by Wippermann to adjourn the meeting. Second by Staats. Ayes: Wippermann, Staats, Busho, Anderson. Nays: None. The meeting was adjourned at 10:19 p.m. Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1995-4. 3