HomeMy WebLinkAbout4.a. Minutes of October 4, 1994 Regular Meeting �� � ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 4, 1994
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on T�esda.y, October 4, 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, Staa.ts, and
Busho present. Councilmember Wippermann was absent. Also present were City Attorney
LeFevere, City Administrator Burt, Administrative Assistant Wa1sh, Public Works
Director/City Engineer Osmundson, Community Development Director Wasmund, Assistant
Planner Pearson, Parks and Recreation Director Topitzhofer, Police Chief Knutsen and
Lieutenant Kuhns.
Mayor McMenomy 1ea.d the group in the Pledge of Allegiance.
Additions were made to the Agenda as follows: League of Governments Meeting, Item 8.
and Code of Ethics after announcements. Public Works Director Osmundson noted the
cortected bid results for use with Item S.a. Schwarz Pond.
City Engineer/Public Works Director Osmundson introduced Doug Litterer, the new Civil
Engineer for the city. Doug has started to review construction projects and will be working
an the Storm Water Management Ordinance. City Council welcomed Doug.
MOTION by McMenomy to approve the Consent Agenda. Second by Staa.ts. Ayes:
Busho,:Anderson, McMenomy, Staats. Nays: None.
City Engineer/Public Works Director Osmundson reported the bid results for the Schwarz
Pond Storm Drain Outlet Improvements, City Project 259. The bid included two smaller
projects, Jaycee Park parking lot improvements and the repair of the watermain cross
connection to Apple Valley which broke la.st winter. Apple Valley will split the cost with
Rosemount for that repair. The city saved money on these smaller projects by combi.ning
them with the larger Schwarz Pond project. The low bidder was Richard Knutson, Inc.
(RKI), 12585 Rhode Island Avenue South, Savage, Minnesota.
MOTION by Anderson to adopt A RESOLUTION RECEIVING BIDS AND AWA1tDING
CONTRACT, SCHWARZ P4ND STORM DRAIN OUTLET AND NIISCELLANEOUS
IlVIPRO`'IIVIENTS, CITY PROJECT 259. Second by Busho. Ayes: Anderson,
McMenomy, Staats, Busho. Nays: None.
City Administrator Burt relayed that someone or a group of people had filed a complaint
with the State of Minnesota Auditor's Office regarding a possible conflict of interest that
Mayor McMenomy with his land appraisal and real estate business in Rosemount. The State
responded with a letter but never did contact the city for information or input. The
information submitted to the State Auditor's Office was lengthy, about 300 pages. City
Council requested staff to obtain this information so they can review it and determine how to
proceed. City Council noted that the resulting letter in no way incriminated the mayor, in
fact it noted that there was insufficient evidence to investigate further and in an article
published in the"State Auditor's Report" (a newsletter) it was reported that the letter was
meant to be informational not punitive.
ROSEMOUNT CITY PROCEEDINGS �
REGULAR MEETING
OCTOBER 4, 1994
Mayor McMenomy sta.ted that three residents, Donna. McDonough, Renee Stevenson, and
Harry Willcox, had contacted the City Administrator insistent upon having the State
Auditor's letter addressed at a City Council regular meeting.
MOTION by McMenomy to proceed at the City's expense to purchase all the da.ta submitted
to the State Auditor's O�ce conceming a conflict of interest. Second by Anderson. Ayes:
McMenomy, Staats, Busho, Anderson. Nays: None.
Community Development Director Wasmund presented a draft of the Housing 1Vlaintenance
Ordinance for discussion. The two main azeas of regulation will be the exterior maintenance
of homes and the condition and maintenance of the grounds. Some verbiage may be used
regarding "garbage houses" and inside inspections of rental property at the point of sale. I
These are to deal with health and safety issues. Councilmember Anderson noted that ten
days for a response or correction may not be practical in some cases such as fire damage:
Council noted the ordinance has a good start and directed staff to conti.nue development of it.
Community Development Director Wasmund also presented a draft of a Pawn Shop
Ordinance. By nature these establishments potentially provide the ability to receive and
transfer stolen property. This ordinance would provide ways to monitor the operational
procedures of a pawn shop by specific reporting to the local police department. The cities of
Burnsville and Hastings provided input from their recent experiences with a Pawn Shop
Ordinance. The license fees for a pawn shop vary from $150 to $5000 in various cities.
Consideration for obtaining a bond may be warranted. The initial investigation and then the
ongoing monitoring would be a considerable expense.
MOTION by Busho to adopt ORDINANCE NO. XVI.29 AN ORDINANCE
REGULATING PAWN SHOPS AND PAWN BROKERS. Second by McMenomy. Ayes:
Staa.ts, Busho, Anderson, McMenomy. Nays: None.
City Administrator Burt noted that the fees for the Pawn Shop Ordinance will be determined
at a future meeting.
Community Development Director Wasmund recommended a moratorium for a period not to
exceed eighteen months or until a study is completed (which ever is less) on regulation of
adult entertainment, uses, and sale of adult materials. This will prevent siting of any adult
use establishments within any zoning district of the City of Rosemount for that period.
City Attorney LeFevere noted that State Law does at this time regulate obscenity without
violating the First Amendment. This can be mirrored in the City Ordi.nance. Some things
cannot be prohibited, but can be limited. The secondary effects caused by exposure to adult
material such as an increase in sex crimes are subject to limitations. Further research will be
required.
MOTION by McMenomy to adopt AN ORDINANCE PLACING A MOItATORIUM ON
THE SITING OF ADULT USE ESTABLISHIVV�NT WITHIN ANY ZONING
DISTRICT OF THE CITY OF ROSEMOUNT; AND DIItECTING A STUDY TO BE
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� � ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 4, 1994
� CONTINUED. Second by Busho. Ayes: Busho, Anderson, McMenomy, 5taats. Nays:
None.
Renee Stevenson, 14600 Cameo Avenue, declined to speak at this time to the Code of Ethics
' which she ha:d requested.
Councilmember Anderson reminded City Council of the League of Governments meeting on
Wednesday, October 12, 8 a.m., at the Rosemount Community Center. The ethics
legislation will be discussed.
MOTION by McMenomy to enter into a Closed Session to discuss the Public Works Union
Contract. Second by Anderson. Ayes: Anderson, McMenomy, Staats, Busho. Nays:
None.
At this time, the City Council reconvened ta the Regular City Council Meeting. Council
acknowledged review of the Uniform Settlement Form.
" MOTION by Busho to approve the negotiated items for the 1995 - 1996 Public Works
Union Contract and to authorize the Mayor and Ciry Administrator to execute the contract.
Second by McMenomy. Ayes: McMenomy, Staaxs, Busho, Anderson. Nays: None.
MOTION by McMenomy to adjourn the meeting. Second by Anderson. Ayes: Staats,
Busho, Anderson, McMenomy. Nays: None. The meeting was adjourned at 9:20 p.m.
Respectfully submitted, -
Linda. Jentink
Recording Secretary
ATTEST:
Thomas D. Burt
City Administrator
The City Council Agenda Packet is Clerk's File 1994-33.
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