HomeMy WebLinkAbout4.a. Minutes of February 15, 1994 Regular City Council Meeting .. �,
����� ROSEMOUNT CITI' 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 I�all, 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 Attomey Mi1es.
Mayor McMenomy lead the group in the Pledge of Allegiance.
Additions to the agenda included an Executive Closed Sessian regarding the McDonough litigation
to be held under Mayor's Report, and Ciry Administrator Contract to be discussed under 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. Golunan, a school
board commissioner, reviewed their prepared information which was a result of study by a 68
member task force. The school district expects an additiona17,000 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 reeess. The meeting resumed for the Public FIearing 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 fle�ble use of the two. The rezoning would relieve
Mr. Lawson's building of its non-confornung use status, which would then allow him to obtain
building permits to improve his property. Mr. Pearson advised that the Planning Comrnission had
recommended approval of.the rezoning with reluctance due to concerns that the rezoning would
cause the use to expand and concems of the general condition of the site.
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����� ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 15, 1994
Mayor McMenomy called for public comment. There was none.
MOTION by Staats to close the Public Hearing. SECOND by Busha. Ayes: VVipperrnann,
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 nat 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 G2 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 tYus
request. MOTION by Wippermann to deny the rezoning request. SECOND by Busho. Ayes: �\
Busho, Anderson, Wippermann. Na ys: McMenom y, Staats. � �
City Engineer Osmundson reviewed his correspondence regarding the 145th Street pmject item
which was on the agenda, at the request of the finanee 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 Northem States Power to obtain fund3ng assistance for the project in the
amount of $190,OOQ. Concern was voiced regarding one of the options proposing 8 foot wide
sidewalks. Staff was directed to continue negotiations with Northem States Power. Councilmember
Anderson volunteered to attend the February 23, 1994, 145th Street Project information meeting at
City Hall.
City Engineer Osrnundson advised that the city has received an appeal from i st 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,
totally 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 eouncil for approval.
MOTION by McMenomy to authorize staff to negotiate a deferment with interest and to bring such
deferment back to eouncil for approval. SECOND by Staats. Ayes: Staats, Busha, Anderson,
Wippermann, McMenomy. Nays: 0.
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
Sth Addition Street and Utility Irnprovements. 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 �-Iampton Developrnent Company. Because of past problems with the
two developers involved, cour�cil 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 fmm 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.
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����� RQSEMOUNT I
C TY PROCEEDINGS
REGULA.R MEETING
FEBRUARY 15, 1994
MOTION by Wippermann to adopt A RESOLUTION RECENING T�IE FEASIBILITY
REPQRT/SET PUBLIC HEARING SHANNON POND 3RD ADDITION STREET AND
UTILITY IlVIPRO`'EMENTS, CITY PROJECT #248 ANU WEST RIDGE 5TH ADDiTION
STREET �.ND UTII,ITY IlVIPRO`rEMENTS, CITY PROJECT #242. SECOND by Busho.
Ayes: Busho, Anderson, Wipperrnann, McMenomy, Staats. Nays: 0.
City Engineer Osmundson briefly reviewed staff correspondence regarding MPCA requirements af
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 $3,200. If the city does not comply with MPCA regulations, the city could lose their
eligibility to purchase fuel and if ihe tanks should fail the tests, they will need to be replaced sooner
than 199$, which is the required minimum timeframe 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 cantrol
and tank tightness testing, as explained in SEH's letter of January 3, 1994.
MOTIDN 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.
Ciry 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 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 plaeement of an ad, interview applicants and come back to city
council with a recommendation for hiring on Apri15, 1994 for the position of building insp�tor.
SECOND by McMenomy. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: 0.
Assistant Planner Pearson reviewed staff correspondence regarding U.S. Homes' request for final
piat 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 HII,,LS SEVENTH ADDITiON and authorize the execution of a Development
Agreement. SECOND by Wippermann. Ayes: McMenomy, Staats, Busho, Andersan,
Wippermann. Nays: 0.
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����� ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 15, 1994
Mayor MeMenomy called for a recess at 9:27 p.m. The meeting resumed at 9:32 p.m.
MOTIQN by Staats to adopt A RESOLUTION APPROVING TIiE 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 Cabie Partners. Lt.
Wasmund further advised that there will be a joint public hearing at the city of Lakeville on
February 28, i994 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 relocati.ng and burying cabie
lines along 145th Street, installing a cable system in city hall, and extension of facilities to ather
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 RESOLIJTION AUTHORIZING THE TRANSFER
OF CONTROL OF CABLE TELEVISION FRANCHISE AND THE ASSIGNMENT OF TI�E
ASSETS AND THE FRANCffiSE 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. 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 admuustrator 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 adjoum 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.
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������ ROSEMOUNT CITY PROCEEDINGS
. REGULAR MEETING
FEBRUARY 15, 1994
The reguiar 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.
Respectfully submitted,
Deborah Widstrom
Recording Secretary
ATTFST:
Ron Wasmund
Interim City Administrator
Clerk's File 1994-7
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ROSEMOIINT CITY PR�CEEDINGS
SPECIAL MEETING
FEBRUARY 12, 1994
Pursuant to due call and notice thereof a speeial 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 Ha11.
Mayor McMenomy called the meeting to order with all members
present.
The Council met with consultant Jim Brimeyer and diseussed the
day's events and pracess 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
pracess for interviewing the candidates in the afternoan. At
this time, Interim Citg 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 each of the candidates. At the conclusion af the
interviews the Council discussed the merits of eaeh 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.
MOTI�N by McMenomy to adjourn. SECOND by Staats. Ayes: 5.
Nays: 0.
The meeting was adjourned at 5:45 p.m.
Respectfully submitted,
Cathy Busho, Councilmember
ATTEST:
E. B. McMenomy, Mayor