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HomeMy WebLinkAbout5.c. Minutes of December 7, 1993 Regular & (2) Closed Meetings � � iTEM # 5 C ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, December 7, 1993 , 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 Willcox, Wippermann, Staats, and Klassen present. City staff inembers included Interim City Administrator Wasmund, City Attorney Miles, and Department Directors : Bechtold, May, Topitzhofer, and Wasmund; and Assistant Planner Pearson, City Engineer Osmundson, and Administrative Assistant Walsh. Mayor McMenomy led the group in the Pledge of Allegiance. Corrections and additions to the Agenda included: Item. 3 .d. Downtown Scoping Report and Navy Base Update; Item 9 .a. Resolutions Setting the 1994 Review and Budget Discussion; Item 9 .g. Steve Belting Stop Sign Discussion; Item 9 . i. CDBG Discussion; Item 9 .j . Gambling Premises Permit Renewal Discussion; Item 9 .k. 1994 Liquor License Renewal Discussion; Review of Minutes of February 1, March 10, and November 9, 1993 ; and Item 12 . Update On Metropolitan Council/Comprehensive Guide Plan. Mayor McMenomy called for a closed session regarding a Hawkins Pond assessment for Mr. Hove and Mr. Helland. City Council retired to the Council Lounge at 7 :35 p.m. The Mayor and Council reconvened the regular meeting at 7:45 p.m. MOTION by McMenomy to relinquish the assessments of $204 each from the Hawkins Pond Assessment, City Project 176, for Carroll Hove and Larry Helland because of extraordinary circumstances (i.e, house fronts off of Upper 145th Street West where the water run off flows to a nearby holding pond other than Hawkins Pond, and both residents had filed an appeal with the Dakota County Court and paid legal fees) . Seeond by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Administrative Assistant Susan Walsh introduced Jim Brimeyer to present an update on the search for a City Administrator. Brimeyer reported he and his staff have interviewed many staff and community members, and presented to Council a draft position profile for the administrator position. Some changes and suggestions were made to the draft profile. The qualifications desired were to include a Masters Degree with experience in public relations, media, and cultural diversity. MOTION by Klassen to approve the City Administrator position profile prepared by Brimeyer, Inc. as amended. Second by Staats . Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Willcox to set a special Council meeting for January 25, 1994 at 7:00 p.m, to review candidates for the City Administrator position. Second by Staats . Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. � ' ROSEMOUNT CITY PROCEEDINGS REGIILAR MEETING DECE'MBER 7, 1993 Mayor McMenomy opened the Public Hearing for the Zoning Ordinance Text Amendment: Business Park District. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. Assistant Planner Richard Pearson gave an overview of the Business Park District. It uses a mixed use concept, combining accessory or limited retail, office, light industrial, and entertainment . When Metropolitan Council reviewed the Comprehensive Guide Plan it indicated that general commercial zoning would not be permitted in a business park. A designation was requested with flexibility and yet offer some controls . This zoning would be further described b� BP-1, BP-2 , BP-3, and BP-4 . These Business Park Districts could overlap for , flexibility, but performance standards would be based on existing i, Commercial and Industrial Park standards that result from access or ', exposure to arterial streets, location, and contiguous land uses. ', The Planning Commission recommended adoption of this zoning change. ��I Discussion followed with input from the audience and Port Authority members. Some points made were whether or not entertainment should be an element included in a business park. An expert opinion was given by John Uban, a consulting planner, noting that entertainment is a vital element to a business park, it strengthens a retail draw and encourages other businesses . Ron Carlson stated that there would be greater security risk with outside inventory because of more activity in the area. Minnesota Department of Transportation (l�i'DOT) had been contacted by Bob Muller on the safety of children crossing railroad tracks. Mr. Tom Engler, MNDOT noted that bike/train accidents are very rare and could only find record of one in Moorhead in 1987 . MOTION by McMenomy to close the Public Hearing for the Zoning Ordinance Text Amendment: Business Park District. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. City Councilmembers commented. Staats did not want entertainment in . the business park. Wippermann felt the Planning Commission had effectively planned for quality transition zones with flexibility and he would be in favor of the amendment. Willcox could not support a theater in the business park. Klassen was in support of the amendment and felt the competition between the two theater groups should not be a part of the city process. Mayor McMenomy was not comfortable with the amendment and would like further review of the business park - district restrictions since it would effect other properties in Rosemount. MOTION by McMenomy to table action on the Zoning Ordinance Text Amendment: Business Park. Second by Willcox. Ayes: McMenomy, Staats, I�lassen, Willcox. Nays: Wippermann. Mayor McMenomy called for a ten minute break at 9 : 10 p.m. Mayor McMenomy opened the Public Hearing for the Rosemount Business Park: Preliminary Plat. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. 2 , � ROSEMQIINT CITY PROCEEDINGS REGULAR MEETING DECENlBER 7, 19 9 3 Assistant Planner Richard Pearson gave an overview of the preliminary plat for the Rosemount Business Park on the city owned property south of County Road 42 and east of Highway 3 . The plat shows six primary lots, ranging in size from six to fifteen acres which could be further subdivided into fourteen lots of approximately two and one-half acres to seven acres in size. This allows flexibility for developing. MOTION by Wippermann to close the Public Hearing on the Rosemount Business Park: Preliminary Plat. Second by Willcox. Ayes : Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by Wippennann to adopt A RESOLIITION APPROVING THE ROSEMOUNT BIISINESS PARK PRELIMINARY PLAT AND S£TTING OIIT CONDITIONS FOR FINAL APPROVAL. Second by Klassen. Ayes : Klassen, Willcox, Wippermann, McMenomy, Staats. Nays : None. Mayor McMenomy opened the Public Hearing for the Carrousel Plaza South Rezoning Petition. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. Assistant Planner Richard Pearson reviewed the Planning Commissions recommendation to approve the rezoning petition when a final plat is available. MOTION by Willcox to close the Public Hearing for the Carrousel Plaza South Rezoning Petition. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to table action on the rezoning petition as requested from Guetschoff Theaters, Inc. until approval of the Carrousel Plaza South final plat. Second by McMenomy. Ayes : Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: Nane. Mayor McMenomy opened the Public Hearing for the Carrousel Plaza South: Preliminary Plat. The record�ng secretary noted that the Affidavits of Posted and Published Notice were on file. Assistant Planner Richard Pearson reviewed and recommended approval of the Carrousel Plaza South preliminary plat from the November 9, 1993 Planning Commission meeting. This would require a combining of three lots with a redesign of a tract of land which will create one lot (7. 7 acres) for sale to Guetschoff Theaters, Inc. for construction of a movie theater and remnant property for an outlot. MOTION by McMenomy to close the Public Hearing for the Carrousel Plaza South: Preliminary Plat. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Willcox to adopt A RESOLIITION APPROVING THE CARROIISPL PLAZA SOUTH PRELIMINARY PLAT AND SETTING Ot7T CONDITIONS FOR FINAL APPROVAL. Second by McMenomy. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. 3 . � ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 Interim Administrator Wasmund updated Council on the installment of Cable Casting of the City Council meetings in 1994 . Start up costs raill be about $35, 000 . A donation of $15, 000 for this purpose needs to be used prior to July 1, 1994 . Council requested staff to find out the number of residents that now have cable in the City of Rosemount being careful not to include Valley Park residents . Interim Administrator Wasmund gave an update on the Downtown Scoping Committee Final Report and Recommendations of August 18, 1993 . The Port Authority and Utilities Commission would like to have a joint meeting and clarify some information in January. Wasmund noted that a review should be made of the space needs for the Public Works Department and Fire Department so that consideration of use of the Navy Base area can be made. Parks & Recreation Director Bechtold said he has been in contact with the Navy Base Commander and Susan Wineberg of the University of Minnesota and that they are aware of the City' s interest in this parcel . This land area is indicated in the Master Parks Plan as a future park. Klassen noted that the small pool on the Navy Base does offer something for residents. MOTION by Klassen to approve the Consent Agenda as arnended under Corrections and Additions of Agenda. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays : None. Steve Belting, 4190 155th Street West submitted a petition to Council of signatures of 46 residents who agree that a stop sign should be placed at the corner of 155th and Danbury Avenue and a stop or yield sign at the intersection of 153rd Street and Danbury. City Engineer Osmundson will review but noted that the Uniform Traffic Control code ��ok indicates where signage should be correctly placed. A rscommendation from staff is requested for the next regular meeting. Questions were answered by Finance Director May and Interim Administrator Wasmund regarding the 1994 budgets and levies to be � certified to the county. MOTION by Willcox to adopt A RESOLUTION APPROVING A SPECIAL TAX LEVY FOR FUNDING OF AN ARMORY. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to adopt A RESOLIITION LEVYING A TAX FOR CONSTRIICTION OF A STATE ARMORY BIIILDING. Secoad by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by McMenomy to adopt A RESOLIITION APPROVING THE 1994 GTNER.AL F'[TND OPERATING BIIDGET, THE 1994 CAPITAL IMPROVEMENT PROGRAM BUDGET (CIP) , THE 1994-1998 CIP BiJDGTT AND TSB 1994 LEVY REQIIIRED BY THT CITY OF ROSEMOIINT. Second by Staats. Ayes: McMenomy, Staats, Klassen, wippermann. Nays: Willcox. Administrative Assistant Susan Walsh explained the employee benefits selected through a bid process and recommendations of Mr. Azen, the 4 , � ROSEMOIINT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 City' s consultant for insurance benefits and the Employee Benefits Committee. MOTION by McMenomy to award the medical insurance bid to Blue Cross Blue Shield, Aware Gold Limited Plan with Copays, award the dental insurance bid to Canada Life, Plan #2, and award the long term disability insurance to Fortis Benefits based upon an employee paid voluntary participation program. Second by Klassen. Ayes : Staats, Klassen, Willcox, Wippermann, McMenomy. Nays : None. City Engineer/Assistant Public Works Director Osmundson reviewed the replacement of the Utility Division Maintenance Level II after Mr. Romo retired. There were 27 applicants and staff recommends the hiring of Randy Bellmore. MOT20N by Staats to approve the hiring of Randy Bellmore as Maintenance Level II, Utilities Division Personnel effective December 27, 1993 subject to the passing of the pre-employment physical and the driver' s license check. Second by Klassen. Ayes: Klassen, Wippermann, Staats . Nays: Willcox. Abstain: McMenomy. Motion carried. Parks and Recreation Director Bechtold reviewed the selection of a Secretary Aide due to the resignation of Ms. Budinger. Six applicants were interviewed and Nancy Shrupp is recommended for the position. MOTION by Klassen to approve the hiring of Nancy Shrupp in the po�ition of Secretary Aide for the Parks and Recreation Department. Starting salary is to be $8 . 16 per hour for 33 hours per week effective December 27, 1993 , subject to the passing of the pre- ��z�ployment physical and the driver' s license check. Second by Willcox. Ayes: Willcox, Wippermann, Staats, Klassen. Nays : McMenomy. City Engineer/Assistant Public Works Director Osmundsan presented a request from Olga A. Strese and Hulda G. Knick for a deferment of special assessments for City Project 206, 145th Street Reconstruction. Both have stated hardship as a reason and this is permitted by the Assessment Policy and State Statutes which allow the City at its discretion to defer assessments for hardship cases. MOTION by Willcox to adopt A RESOLIITION ADOPTING DEFERMENT OF ASSFsSSMENTS FOR CITY PROJECT 206, 145TH STREET RECONSTRIICTION FROM SHANNON PARRWAY TO DIAMOND PATFi, FOR PROPERTIES 34-03010-020-35, 013- 37, AND 010-35. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Interim Administrator Wasmund gave an update of the Community Development Block Grant (CDBG) program with Dakota County Housing and Redevelopment. These funds can be re-apportioned easily but projects should be identified as soon as possible. Action was taken on this October 16, 1993 . Councilmember Willcox left the meeting at 10 :35 p.m. 5 , • ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 Discussion on the approval of the gambling premise permit submitted by Celebrity Bowl Charities, Inc. took place. Concern was voiced that funds should be spent for the benefit of Rosemount residents . Administrative Assistant Susan Walsh advised the City has no ordinance regulating gambling in Rosmeount so charitable organizations are only regulated by State Statutes . Council consensus was to table action on the Celebrity Bowl Charities, Inc. application until the next meeting to allow the City Attorney and staff to provide information on �his application and charitable gambling in Rosemount. MOTION by McMenomy to adopt A RESOLUTION APPROVING A MINNESOTA LAWFUL GA2r�LING PREMISES PERMIT APPLICATION FOR THE ROSEMOIINT JAYCEES at Shenanigans . Second by Klassen. Ayes : McMenomy, Staats, Klassen. Wippermann. Nays : None. Discussion was held regarding the stipulation on the liquor license issued in July, 1993 to the owners of Last Call Bar & Grill . This was to screen the garbage containers on the south side of the building. Administrative Assistant Susan Walsh said she will hold the 1994 Liquor License for Last Call until the screening has been completed. MOTION by McMenomy to approve the applications for renewal of liquor licenses for American Legion Post 65, City Limits Lanes & Lounge, Mac' s Bottle Shop, Shenanigans, and the VFW Post 9433 for the year 1994 . Second by Wippermann. Ayes : Staats, Klassen, Wippermann, McMenomy. Nays : None. MOTION by McMenomy to approve the application for renewal of the liquor license for Last Call Bar & Grill subject to the completion of screening of the garbage containers on the south side of the building. :���ond by Wippermann. Ayes : Klassen, wippermann, McMenomy, Staats . Nays: None. Administrative Assistant Walsh reviewed the Commission/Committee selection process . Additi�nal advertisements were reguested by Council . Eight positions total are available for Planning Commission, Utilities Commission, Parks and Recreation Committee, and Port Authority Commission. MOTION by McMenom� to set a Special Council meeting on Saturday, January 15, 1994, at 8 : 15 a.m. for the purpose of interviewing candidates for the citizen advisory commissions and committee and to except applications for such until January 7, 1994 . Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays : None. Councilmember Klassen noted that appointments for other important organizations would need to be made. Klassen recommended Councilmember-elect Cathy Busho for the Council representative to Minnesota Valley Transit Authority (MVTA) . M�ITA meets the fourth Wednesday of the month in Burnsville. The Dakota Alliance for Prevention needs a representative for Rosemount. Some interest has been shown from the RAP group; no names are available at this time. Councilmember-elect Joan Anderson will represent Rosemount at the 6 , • ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECII+2BER 7, 19 9 3 League of Dakota County Government. The USPCI Trust Fund may need another representative. Director Bechtold said it was time for recertification for the Tree City, USA Award given to those cities who depict an honest and active program to promote the protection of our natural habitat and trees . This allows Rosemount to become eligible for Minnesota Department of Natural Resource grants. Councilmember S�aats left the meeting for a short break. MOTION by Wippermann to approve the application for recertification for the Tree City USA award. Second by McMenomy. Ayes: McMenomy, Klassen, Wippermann. Nays : None. Absent : Staats . Interim Administrator Wasmund presented the renewal contract with Knutson Services, Inc. for recycling. The Mayor was contacted by BFI, Inc. in regard to recycling for Rosemount. Wasmund said originally the contract was done by bid, and this could be done again next year. Consideration should be made that Knutson is located in Rosemount and provides about 50 jobs here. MOTION by Klassen to approve a Recycling Contract Agreement for recycling services between the City of Rosemount and Knutson Services, Inc. Second by Wippermann. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: None. Interim Administrator Wasmund has met with Kathy Boudreau, Property Manager of the University of Minnesota Rosemount Research Center and :��ceived agreement for an increase in charges for fire protection. Upon action by the City Council the agreement will be forwarded through the upper management of the University. MOTION by McMenomy to approve a Fire Protection Agreement with the - City of Rosemount and the University of Minnesota. Second by Klassen. Ayes: Klassen, Wippermann, McMenomy, Staats . Nays : None. Interim Administrator Wasmund was contacted to have the sculpture in the commons area west of the senior center painted and possibly moved. The artist was contacted and expressed a strong desire to keep it a primary color, first choice orange, possibly red. A quote revealed that if a color change is made a second coat of paint would be required and cost substantially more. The name of the sculpture is "The Gathering�� and Councilmember Klassen suggested that a park, possibly Erickson Community Square, would be a more appropriate location. Director Bechtold suggested that the Erickson Community Square Committee should review this. It was documented that the City was given the sculpture. Consensus was to table action on this until further information is received. Tnterim Administrator Wasmund met with Tom Caswell of the Metropolitan Council which approved amendments to the Comprehen.sive Guide Plan 2000 7 . , ' ROSEMOUNT CITY PROCEEDINGS REGiTLAR MEETING DECII�IBER 7, 19 9 3 and implementation of it . Final review is taking place now and the first printing should be ready the first week in January. MOTION by McMenomy to go into a closed session regarding the AFSCME Union Contract . Second by Wippermann. Ayes : McMenomy, Staats, Klassen, Wippermann. Nays : None. The time was 11 : 10 p.m. MOTION by Klassen to approve the Labor Agreement between the City and the American Federation of State, County and Municipal Employees, Local No. 3875 for the period of January 1, 1993 through December 31, 1994 . Second by Staats. Ayes: Wippermann, Staats, Klassen. Nays : McMenomy. MOTION by McMenomy to adjourn. Second by Klassen. Ayes: 4 . Nays : None. The meeting was adjourned at 11:40 p.m. Respectfully submitted, Linda Jentink, Recording Secretary ATTEST: Susan M. Walsh Administrative Assistant/City Clerk The City Council Agenda Packet is Clerk' s File 1993 -48 . S ����� ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING DECEI��ER 7, 19 9 3 Pursuant to due call and notice thereof a closed meeting of the City Council of the City of Rosemount was duly held on Tuesday, December 7, 1993 , at 7 : 35 p.m. in the Council Lounge at City Hall, 2875 145th Street West . Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present . City staff inembers included Interim City Administrator Wasmund and City Attorney Miles . Mayor McMenomy noted the purpose of the meeting was to explain the situation for Mr. Carroll Hove's and Mr. Helland' s property in regard to the Special Assessment for Hawkins Pond, City Project 176 . Mayor McMenomy reviewed the location and storm water runoff elevatian. McMenomy also noted that Dakota County had received an appeal for Mr. Hove and Mr. Helland, but their attorney had failed to include them on the list of appeals . Consensus was to relinquish the $204 assessments for Hove and Helland from the Hawkins Pond Assessment, City Project 176, because of extraordinary circumstances (i.e. house fronts off of Upper 145th Street West where the water run off flows to a nearby holding pond other than Hawkins Pond, and both residents had filed an appeal with the Dakota County Court and paid legal fees) . MOTION by McMenomy to adjourn. Second by Klassen. Ayes: 5 Nays : None. The meeting was adjourned at 7:43 p.m. Respectfully submitted, Linda Jentink, Recording Secretary ATTEST: - Ron Wasmund, Interim City Administrator ROSEMOUNT CITY PROCEEDINGS ����°� DECEMBERX�CU1993 SESSION Pursuant to due call and notice thereof a special closed executive session of the City Council was held on Tuesday, December 7, 1993, at 11:15 p.m. in the Council Lounge at City Hall. Mayor McMenomy called the meeting to order advising the purpose of the meeting was to review a draft labor agreement between the City and AFSCME Local No. 3857. In attendance were Mayor McMenomy, Councilmember Staats, Councilmember Klassen, Councilmember Wippermann, Interim Administrator Ron Wasmund and Administrative Assistant Susan Walsh. Administrative Assistant Walsh reviewed the labor agreement with the City Council and answer questions from the Council. Following further discussion, a general consensus was reached to approve the contract as presented. MOTION by Wippermann to adjourn and reconvene to the regular council meeting. SECOND by Klassen. Ayes: 4 . Nays: 0. Respectfully submitted, Susan Wa1sh, Administrative Assistant ATTEST: Ron Wasmund, Interim City Administrator