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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 2 ' - , � � 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. 3