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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. r . ����� 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. 2 �. . ����� 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. 3 � , ti ����� 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. 4 ._ � r„ ������ 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 5 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