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HomeMy WebLinkAbout4.a. Minutes of July 5, 1994 Regular Meeting , . � ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, 7uly 5, 1994 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Wippermann, Staa.ts, and Busho present. Also present were City Attorney Miles, City Administrator Burt, Public Works Director/City Engineer Osmundson, Community Development Director Wasmund, Assistant Planner Pearson, Paxks and Recreation Director Topitzhofer, Finance Director May, and Financial Consultant O'Neill. Mayor McMenomy lead the group in the Pledge of Allegiance. Changes to the Agenda included pulling Item 10.a. Receiving a Petition from CMC Heartland Developers; moving Item 4.h. Employee Fitness Program from the Consent Agenda to Old Business for discussion; and adding a Closed Session for discussion of the McDonough Litigation. MOTION by McMenomy to approve the Consent Agenda. Second by Wippermann. Ayes: Staa.ts, Busho, Anderson, Wippermann, McMenomy. Nays: None. Finance Director May presented the need for Genera.l Obligation Improvements Bonds for several street and utility unprovement projects. Mr. O'Neill from Springsted, Inc. reviewed the interest rates of the bidders and the awards made. MOTION by Wippermann to adopt A RESQLUTION ACCEPTING THE OFFER ON THE SALE OF $1,605,000 GF.NF.RAT. OBLIGATION IlVIPROti'EMENT BONDS, SERIES 1994A AND PROVIDING FOR THEIR ISSUANCE. Secand by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staa.ts. Nays: None. Finance Director May reviewed the city projects for storm water improvements and the need for General Obligation Bonds in the amount of $335,000. Councilmember Staa.ts asked why the core funds were not used and May explained that it makes more fmancial sense to borrow the money and pay it back on a regular schedule than to deplete the core funds so low. Staats noted that the bond interest rate is higher than what the core funds earn. MOTION by Busho to adopt A RESOLUTION ACCEPTING THE OFFER ON THE SALE OF $335,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1994B �l�TD PROVIDING FOR THEIR ISSUANCE. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: Staa.ts. Finance Director May reviewed the State Aid Street Improvements funding recommended. It is the first time the City has used this financial tool. The City of Rosemount is allowed $384,000 yeaxly from the State. O'Neill noted that there was only one bidder on the bond which is very common for amounts under one million dollars. MOTION by McMenomy to adopt A RESOLUTION ACCEPTING PROPOSAL ON SALE OF $700,000 GENERAL OBLIGATION STATE AID STREET BONDS, SERIES ROSIIVIOUNT CITY PROCEEDINGS � REGULAR MEETING �, JULY 5, 1994 1994C, AND PROVIDING FOR THEIR ISSUANCE. Second by Wippermann. t�yes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Public Works Director Osmundson introduced Brian Bourassa from OSM Engineering who gave an overview of City Project 258, County Road 42 at Chippendale and Canada Road Improvements. This would include the addition of turn lanes, signage, and stripping. Permits are required from Dakota County and easements from near businesses. Some utility relocation will be necessary. This will follow Chapter 429 proceedings requiring a public hearing. Dakota County should fund 55% of the road and 50% of the traffic signal. The financing of this project is yet to be determined, it may be a combination of assessments to property owners and through the Capitol Improvement Projects. MOTION by McMenomy to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND SET PUBLIC HEARING FOR CSAH 42 AND CANADA A`'ENUE TURN LANES, CITY PROJECT 258. Seconcl by Anderson. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Mayor McMenomy noted the procedure used for public hearings. The Mayor opened the Public Hearing for the Zoning Ordinance Text Amendment for Cemeteries. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Assistant Planner Pearson said the Planning Commission recommends adding cemeteries to the PubliclQuasi-Public Zoning District. Schools and churches are now included in Public/Quasi-Public zoning. This request originated with a proposal from the Islamic Community for a cemetery which they have since withdrawn. Staff recommended the text amendment to facilitate future cemetery development proposals. MUTION by Wippermann to close the Public Hearing for the Zoning Ordinance Text Amendment for Cemeteries. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by Anderson to adopt AN ORDINANCE AMENDING ORDINANCE B - CITY OF ROSEMOUNT ZONIl�TG ORDINANCE THAT ESTABLISHES CONDITIONS FOR CEN�TERIES AS A PERMITTED USE IN THE CITY OF ROSEMOUNT. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. The Mayor opened the Public Hearing for the Zoning Ordinance Text Amendment for the Sign Ordinance - Intermittent Lighting. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Assistant Planner Pearson reviewed the request by Guetschoff Theaters, Inc. for sequential - intermittent lighting on the marque signs for the movie theater under construction located between Carrousel Way and Highway 3. Mr. Guetschoff said this design of lighting is art deco commonly associated with theaters from the 1950's. The adjacent property owner, Ron Carlson, said he will be asking for rezoning vf his property from residential (R-2) to 2 - ROSEMOUNT CITY PROCEEDINGS � REGULAR MEETING JULY 5, 1994 commercial. One of the conditions sta.ted that, "running and chasing lights shall not extend above roof lines." Council consensus was to remove this condition. MOTION by McMenomy to close the Public Hearing for the Zoning Ordinance Text Amendment for the Sign Ordinance - Intermittent Lighting. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by McMenomy to adopt AN ORDINANCE AMENDING ORDINANCE B - GITY OF ROSEMOUNT ZONING ORDINANCE that establishes conditions for the permitting of intermittent lighting on movie marquee signs. Second by Anderson. Ayes: McMenomy, Staa.ts, Busho, Anderson. Nays: Wippermann. Assistant Planner Pearson presented a plan to build a Kwik Trip Convenience Store and gasoline filling station. Mr. Scott Teigen, director of Rea1 Esta.te for Convenience Store Investments (CSI), is requesting a Planned Unit Development (PUD). The PUD is located on combined parcels from the former Strese Oil and Ice Company site and railroad right-of- way. The Planning Commission recommended approval at their June 14, 1994 regular meeting. Mr. Teigens sta:ted that the design is "staxe of the art" for safety and containment. Council agreed it would enhance the location and tie into the Downtown Scoping Plan. MOTION by McMenomy.to close the Public Hearing for Kwik Trip fmal Planned Unit Development Preliminary Plat and Rezoning. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by Wippermann to adopt A RESOLUTION GIVING APPROVAL TO THE KWIK TRII' CONIlV�RCIAL PLANNED IJI�TIT DEVELOPMENT AND PRELIlVDNARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by Wippermann to ta.ble action on the Rezoning Petition submitted by Kwik Trip pending fmal plat approval. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. The Mayor opened the Public Hearing for the Rosemount Business Park Rezoning which was continued from June 21, 1994. The recording secretary nated that the Affidavits of Published and Posted Notice were on file. Assistant Planner Pearson noted that the Planning Commission had reviewed the enlarged lot for the Rosemount Business Park rezoning and recommends its approval. The public hearing notice mailing list had been examined and it has been determined that the original mailing list encompassed a sufficient radius to lawfully include the larger 15 acre lot as well as the original 8 acre lot. 3 ' ROSEMOUNT CITY PROCEEDINGS - REGULAR MEETING " JULY 5, 1994 MOTION by Busho to close the Public �Iearing for the Rosemount Business Park Rezoning. ' Second by Wippermann. Ayes: Anderson, Wippermann, McMenomy, Staa.ts, Busho. Nays: None. MOTION by Anderson to adopt AN ORDINANCE A,MENDING ORDINANCE B - CITY OF ROSEMOUNT ZONING ORDINANCE providing for the rezoning of Lot 1, Block 2, Rosemount Business Park from (AG) Agriculture to (BP-2) Business Park. Second by Busho. Ayes: Wippermann, McMenorny, 5taats, Busho, Anderson. Nays: None. MOTION by Busho to adopt A RESOLUTION APPROVING T�iE FINAL PLAT FOR LOT 1, BLOCK 2, ROSEMOUNT BUSINESS PARK. Second by Anderson. Ayes: 5taa.ts, Busho, Anderson, Wippermann. Nays: McMenomy. McMenomy noted that he felt there should be a tenant for the Rosemount Business Park before proceeding. Councilmember Staats commented on the Employee Fitness Program which allowed city employees to use with the fitness equipment in the Community Center, Staats felt this benefit could be considered with contract negotiations. Councilmember Wippermann agreed. Mayor McMenomy noted that if there was only a small amount of revenue anticipated for the fitness room, maybe it should be free to all residents. Councilmember Anderson said that if there is only a nominal cost or no cost it would be a great way to let the employees know that they are valued. It benefits the Ciry with less absenteeism and better health. Insurance coverage should be checked. Councilmember Busho requested that this issue be discussed at the Goal Setting Session this weekend. Community Center Manager Topitzhofer said that the Community Center Commission was in favor of this program and that there would be no direct expenses to the City. The eligible employees would include full-time employees, regular part-time employees who work 20 hours a week, volunteer firefighters, police reserve officers, and temporary/seasonal employees could participate on the da.ys they work. City Administrator Burt said that the equipment was originally part of the police department until office space became a premium and the equipment was stored. Topitzhofer noted that the staff for Parks and Recreation and the Community Center would like to be part of the city staff "team" and this would help establish this. Donna McDonough, 3215 Lower 147th Street West, said the residents would be outraged by this employee benefit. Insurance covera.ge is an issue and the wear and tear on the equipment is not justified. MOTION by Busho to adopt the City of Rosemount Fitness Program contingent upon Insurance/Worker's Compensation coverage liability. Second by Anderson. Ayes: Busho, Anderson. Nays: Staats, Wippermann, McMenomy. 4 • ROSEMOUNT CITY PROCEEDINGS � REGULAR MEETING JULY 5, 1994 Public Works Director Osmundson asked to proceed with the hiring process of a Civil Engineer to help with the da.y-to-day operat�ons. Presently there are 30 projects which are in different phases of design or construction and many storm water issues. The Utilities Commission authorized this position in February. Administrator Burt noted that there is much more development in Rosemount than most cities and this position will just help to keep up. Councilmember Staats confirmed with Finance Director May that this position will not effect general taxes. MOTION by McMenomy to approve the job description and authorize the posting and advertisement for the civil engineer position. Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy. Nays: Staats. Community Development Director Wasmund reviewed the request for hiring a Planner. This person would work on day-to-day developments, ordinance revisions and adoptions, zoning ordinance revisions, sub-division ordinance issues, long range pla.ns, Downtown Scoping recommenda.tions, and formulate a visiorr for the City. MOTION by McMenomy to authorize commencement of the hiring process for the Planner position. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: Staats. Community Development Director Wasmund reviewed Phase 1 of preparation for live cable casting of all public meetings. It consists of a video camera focused on the presentaxion material at a new lectern, three video monitors to provide viewing to the audience and council; and upgraded audio equipment for better sound broadcasting. The company hired for this enhancement is Acoustic Communications Systems, Inc. which is the same company as did the audio-visual work at the new Armory and Community Center. The Rosemount Area Jaycees have provided over half the funding for this upgrade and the other portion is budgeted for. A channel will be provided by Marco/Star Cablevision, but not for another Y�'. MOTION by Busho to authorize the purchase of audio-visual equipment as quoted June 17, 1994 by Acoustic Communication Systems, Inc. in the amount of $24,430 with money for the acquisition coming from the Donation Account in the amount of$15,000 and the balance made up from CIP Account No. 202-49002-01-560. Second by Sta.ats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. City Administrator Burt noted that a special meeting is needed for interviewing of legal firms for the City contract. There are six firms to interview at 35 minutes each. City Council consensus for the meeting was for Wednesday, July 13, 1994. MOTION by Wippermann to set a Special Council Meeting for Wednesday, July 13, 1994, beginning at 5:30 p.m. for the purpose of interviewing candidates for legal counsel for the City. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. 5 ROSEMOUNT CITY PROCEEDINGS '` , REGULAR MEETING JULY 5, 1994 City Administrator Burt was asked to have a Councilmember become a member of the Health Risk Task Force with Koch Refining and the Minnesota. Pollution Control Agency. 'The first meeting is July 19, 1994, at the Western Service Center in App1e Valley. Mayor McMenomy volunteered and Councilmember Staa.ts will be his alternate. MOTION by Anderson to appoint Mayor E.B. McMenomy to represent the City of , Rosemount on the Minnesota Pollution Control Agency/Koch Refining Task Force. Second by Busho. Ayes: Staats, Busho, Anderson, Wippermann. Nays: None. Abstain: McMenomy. MOTION by McMenomy to retire to a Closed Session regarding the McDonough Litigation. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Councilmembers returned to the regular meeting at 9:50 p.m. Councilmember Busho announced a convertible will be in the parade for Leprechaun Days for the Council to ride in. MOTION by Busho to adjourn the meeting. Second by Staats. The meeting was adjourned at 9:55 p.m. Respectfully submitted, Linda Jentink Record'mg Secretary ATTEST: Thomas D. Burt City Admuustrator The City Council Agenda Packet is Clerk's File 1994-20. 6