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HomeMy WebLinkAbout3.a. Minutes of February 15, 1994 Regular MeetingGRAFT ROSEMOUNT CITY 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 Hall, 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 Attorney Miles. Mayor McMenomy lead the group in the Pledge of Allegiance. Additions to the agenda included an Executive Closed Session regarding the McDonough litigation to be held under Mayor's Report, and City 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. Gohman, 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 additional 7,000 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 7.7., 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 recess. The meeting resumed for the Public Hearing 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 flexible use of the two. The rezoning would relieve Mr. Lawson's building of its non -conforming use status, which would then allow him to obtain building permits to improve his property. Mr. Pearson advised that the Planning Commission had recommended approval of the rezoning with reluctance due to concerns that the rezoning would cause the use to expand and concerns of the general condition of the site. D RA F 7, 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 Busho. Ayes: Wippermann, 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 not 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 C-2 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 this request. MOTION by Wippermann to deny the rezoning request. SECOND by Busho. Ayes: Busho, Anderson, Wippermann. Nays: McMenomy, Staats. Motion failed. City Engineer Osmundson reviewed his correspondence regarding the 145th Street project item which was on the agenda, at the request of the finance 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 Northern States Power to obtain funding assistance for the project in the amount of $190,000. Concern was voiced regarding one of the options proposing 8 foot wide sidewalks. Staff was directed to continue negotiations with Northern States Power. Councilmember Anderson volunteered to attend the February 23, 1994, 145th Street Project information meeting at City Hall_ City Engineer Osmundson advised that the city has received an appeal from 1st Baptist Church of Ro3emount 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 council for approval. MOTION by McMenomy to authorize staff to negotiate a deferment with interest and to bring such deferment back to council for approval. SECOND by Staats. Ayes: Staats, Busho, 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 5th Addition Street and Utility Improvements. 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 Hampton Development Company. Because of past problems with the two developers involved, council 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 from 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. N DRAFT ROSEMOUNT CITY 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 Hall, 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 Attorney Miles. Mayor McMenomy lead the group in the Pledge of Allegiance. Additions to the agenda included an Executive Closed Session regarding the McDonough litigation to be held under Mayor's Report, and City 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. Gohman, 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 additional 7,000 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 recess. The meeting resumed for the Public Hearing 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 flexible use of the two. The rezoning would relieve Mr. Lawson's building of its non -conforming use status, which would then allow him to obtain building permits to improve his property. Mr. Pearson advised that the Planning Commission had recommended approval of the rezoning with reluctance due to concerns that the rezoning would cause the use to expand and concerns of the general condition of the site. DR A F , 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 Busho. Ayes: Wippermann, 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 not 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 C-2 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 this request. MOTION by Wippermann to deny the rezoning request. SECOND by Busho. Ayes: Busho, Anderson, Wippermann. Nays: McMenomy, Staats. Motion failed. City Engineer Osmundson reviewed his correspondence regarding the 145th Street project item which was on the agenda, at the request of the finance 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 Northern States Power to obtain funding assistance for the project in the amount of $190,000. Concern was voiced regarding one of the options proposing 8 foot wide sidewalks. Staff was directed to continue negotiations with Northern States Power. Councilmember Anderson volunteered to attend the February 23, 1994, 145th Street Project information meeting at City Hall_ City Engineer Osmundson advised that the city has received an appeal from 1st Baptist Church of Ro3emount 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 council for approval. MOTION by McMenomy to authorize staff to negotiate a deferment with interest and to bring such deferment back to council for approval. SECOND by Staats. Ayes: Staats, Busho, 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 5th Addition Street and Utility Improvements. 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 Hampton Development Company. Because of past problems with the two developers involved, council 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 from 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 • ' , ���� � T ROSEMOUIVT CITY PROCEEDINGS REGULAR MEETIl�TG FEBRUARY 15, 1994 ' MOTION by Wippermann to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT/SET PUBLIC HEARING SIiANNON POND 3RD ADDITION STREET AND UTILITY Il�2PROVEMENTS, CITY PROJECT #248 AND WEST RIDGE STH ADDITION STREET AND UTII,ITY IlVIPROVEMENTS, CITY PROJECT #242. SECOND by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: 0. City Engineer Osmundson briefly reviewed staff conespondence regarding MPCA requirements of 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 the tanks should fail the tests, they will need to be replaced sooner than 1998, 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 control and tank tightness testing, as explained in SEH's letter of 7anuary 3, 1994. MOTION by Wippermann to authorize staff to receive quotes and authorize expenditures for tank tightness testing. SECOl`TD by Anderson. Ayes: Anderson, Wippennann, McMenomy, Staats, Busho. Nays: 0. City 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 placement of an ad, interview applicants and come back to city council with a recommendation for hiring on Apri15, 1994 for the position of building inspector. SECOND by McMenomy. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: 0. Assistant Planner Pearson reviewed staff correspondence regarding U.S. Homes' request for final plat 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 SEVEl\TTH ADDITION and authorize the execution of a Development Agreement. SECOND by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: 0. 3 . . . `�''� �a. '�� ROSEMOUI\TT CITY PROCEEDINGS � �����`� � � REGULAR MEETING FEBRUARY 15, 1994 The regular 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 VJasmund Interim City Administrator Clerk's File 1994-7 5