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Home My WebLink About4.a. Minutes of January 19, 1993 Regular Meeting i `� .�� ! �� T�' � ROSEMOUN'T CITY PROCEEDINGS REGULAR. MEETING JANUARY 19, 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, January 19, 1993 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy calied the meeting to order with Councilmembers Klassen, Staats, wippermann, �nd Willcox present. Staff present were; Aker, Freese, Jilk, Knutsen, Pearson, Osmundson, Walsh and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy 1ed the group in the Pledge of Allegiance. Additions to the agenda included 3 .b. Comment Cards - Mr. Sinnwell; the : following Consent Agenda Items were moved for discussion to 3 .a. '� Cobblestone Lane Easement (4 .r. ) , 7,b. Payment to Da.kota County for Damages to Enright Property on C.R. 3$ (4 .s} , 7.c. Confirmation of Indemnification (4 .n) , 7 .d. Building Inspector Hiring Process (4 .p) ; and '` i0 .b. was added - MPRS Litigation. Mark Geier, an attorney, presented easement agreements for Cobblestone Lane. City Attorney Miles has reviewed these documents. The agreements convey the necessary easements from each propert� owner to the City and ' frorn the City to the property owners for their driveways. MOTION by Staats to approve two Cobblestone Lane easement agreements as presented. Secoad by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0 . Mr. Don Sinnwell submitted a Comment Card to City Council for their review. This would be a way to have residents respond to the Mayor and Council on many different aspects of city services and involvement. This item will be placed on the next council meeting agenda for discussion. MOTION by McMenomy to approve the Consent Agenda as amended. Second by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0 . City Administrator Stephan Jilk explained the process for a referendum to consider the construction of a new fire station and acquisition of a new aerial truck. The recommended election day would be May 4, 1993 . r� _ MOTION by Wippermann to adogt A RESOLUTION CALLING FOR A SPECIAL ELECTIOld TO CONSIDER THE xSSUANCE OF GENERAL OBLIGATION BONDS FOR TIiE CONSTRUCTION OF MUNICIPAL BIIILDINGS, THE REMODELING OF EXISTING BUILDING AND THE ACQUISITION OF EQUIPMENT. Second by Klassen. Ayes : Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0 . MOTION by Wippermann -to adopt A R.ESOLIITION AFFIRMING INDENIlSIFICATION 4F EN CITY EMPLOYEE LEGAL FEES AND CLAIMS. Second by Klassen. Ayes: Wippermann, Klassen. Nays: Willcox, Staats. Abstain: McMenomy. Motion failed. fPlease note further action at end o� meeting. ) Councilmember Willcox requested discussion on the hiring of a building inspector because he thought it would be better to wait to see the results of studies now being conducted on city ernplayee structure and benetits . — as ' r T � ! ROSEMOUNT CITY PROCEEDINGS REGIILAR NlEETING JANIIARY 19, 1993 MOTION by Klassen to amend the hiring date of Mike Fricke as Building Inspector to be effective February 1, 1993 subject to a satisfactory pre- employment physical and driver's license check and to extend the termination date of the agreement between Mr. Fricke and the City from January 16, 1993 to January 30, 1993 . Second by McMen.omy. Ayesc Wippermann, McMenomy, S�aa�s, Rlassen. Nays: Willcox. City Engineer Bud Osmundson explained the contract the City had with � Dakota County in 1986 which requi�ed the City to pay 45� of the cost of � the County Road 38 Improvement Project . The Enright property owners ; received damages through the court system requiring the City to pay � $24,204 . 89 . These damages involved a grade change in the driveway � access. _ Council agreed that payment must be made but that a policy question ; should be reviewed by staff so that the City would not be liable for a county en.gineered job in the future. Staff is asked to review this and consideration will be made at the next regular City Council meeting. Mayor McMenorny opened the public hearing far the Knodt Rezoning Request. Administrator Jilk assured the Mayor the appropriate affidavits af publication were on file. Assistant Planner Rick Pearson reviewed this request of changing zoning from Agricultural Preserve to A�ricultural . r Also noted was an easement necessary for a driveway in the lot division. � MOTION by McMenomy to clase the Knodt Rezoning public hearing. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. _ I MOTION by Wippermann to adopt Ordinance Na. 8-26, AN ORDINANCE AMEDTDING ORDINANCE B - CITY OF R�SEMOIINT ZONING ORDINANCE. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTIQN by McMenomy to adopt A RESOLU'TION APPROVING A METES AND BOUNDS . DIVISION OF THE NORTHWEST QUARTER OF SECTION 31, TODPi�TSIiIP 115, R.ANGE l$, DAKOTA COUNT�t', MINNESOTA (15102 CLAYTON AVENUE AND 15150 CLAYTON A�TENUE) ON TFiE EAST SIDE OF STATE TRUNR HIGHWAY 52 , Second by Wippermann. Ayes : E Klassen, Willcox, Wippermann, McMenorny, Staats. Nays: 0 . `- _ _ Mayor McMenomy continued the public hearing for Flood Plain Ordinance Revisions from the January 2, 1993 meeting. Administrator Ji1k not�d the affidavits for publication were on file. Planning Director Lisa Frees� noted that the Department of Natural Resources and the Federal Emergency Management Agency have required the City of Rosemount to amend its ordinances into corngliance with these state and federal standard�. There are now only six properties within � f1oQd 2�nes next to the Mississippi River. The Department 'af Natural. ( Resource has nat completed their review of the propased amendment, so staff requested the City Council to continue the hearing until the-tzrst meeting in February. 2 i k i ; * ROSEMOLTNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1993 MOTION by McMenomy to continue the Public Hearing for the Flood Plain Ordinance Revisions to February 2, 1993 . Second by Klassen. Ayes: Willeox, Wipgermann, McMenomy, Staats, Klassen. Nays: 0. Mayor McMenomy made a proclamation making the week of February 20th to February 27th, 1993 the "Sal.ute to Dakota County World War II Vets" . This will be celebrated with a program at Lakeville High School on February 25, at 7: 30 p.m. Many residents came to hear the informa�ion presented by City Engineer Osmundson on the reconstruction of 145th Street from Shannon Parkway to Cameo Avenue. This would include installing new utilities, sidewalk and new roadway. There would not be any enlargement to the width of the street. A �elevision inspection of the sanitary sewer last year showed the entire length of sanitary sewer needed replacement. The wa�ermains would be increased in size from 6 inch to 12 inch which conforms with the 1988 Comprehensive Wate� System Plan and should greatly improve pressure problems in the area. This project would also include the realignment of the Chili Avenue and Chippendale Avenue intersection improving traffic saf ety. State Aid fundin� will pay for a major share of this project. Estima.ted assessments to a 100 toot 1ot would be $6, 000 to $7, 000 spread over a ten year period. Mrs. Baumgartner said as a spokesman for the resident' s group that they would not be willing to pay for these improvements. Residents felt that the cost should be spread across the whole city becau5e many mare people use 145th Street than just those living on it. Vern Kelley represented the Super Ameriea gas station, protesting the �hanging of Dodd Road intersecting with Chippendale Avenue to a cal-de-sac. He felt this would negatively affect his business, ', Mr. �smundson noted that the City' s Assessment Policy was established with fairness in mind and standardized assessments so all residents would be treated the same. Receiving the feasibility report for Froject 235 does not automatically mean it will be done. Further input from residents can be heard at the Public Hearing recammended to be set on February 16, 1993 at 8 ; 00 p.m. The Ma.yor aiso invited anyone with ques�ions ta contact the City's engineering sta�f prior to the public hearing and they will be glad to go over their concerns. MOTION by McMenomy to adopt A RESOLUTION RECEIVING FEASIBILITY REPORT AND SET TEiE PUBLIC HEARING FOR 145TH STREET IMPROVEMENTS FROM SHANNON PARKWAY TO CAMEO AVENLJE, CITY PROJECT 235. Second by Wippermann. Ayes: Wippermann, McMenamy, Staats, Klassen, Willcox. Nays: 0 . Mayor McMenomy called for a ten minute break at 9 :45 p.m. Administrator Steve Jilk gave an update on the building of the Armory/Community Center. He reviewed the colors and materials selection, the first pay request from PCL, and a cost analysis praposed for a 3 -�—. � . ROSEMOUNT CITY PROCEEDINGS REGtJLAR. MEETING JANUARY 19, 1993 construc�ion priority change to have the Multi-Furpose Arena completed by December 15, 1993 . MOTION by Klassen. to allow staff to spend $640 to hire a project cost analysis to determine the �ost of completing the arena by Decembe� 15, 1993 . Second by Wippermann. Ayes; McMenomy, Staats, K1,assen, Willcax, Wippermann. Nays: 0 . MOTION by Klassen to set a Special City Council rneeting with the Par}�s and Reereation Cammittee to review management options for the Community Center for Februar� 4, 1993 at 6 :34 p.m. Second Will.cox. Ayes: Staats, Klassen., Willcox, Wippermann, McMenomy. Nays: 0. MOTION by willcox to appxove the materials and colors proposed for the � Armory/Community Cen�er as presented by �he Architect on January 5, 1993 . � Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, ' Staats. Nays: 0 . MOTION by Willcox to move Council to a Closed Session regarding Minnesota � Police Recruitment System litigation and the McDonough litigation. ; Second by Klassen. Ayes : Wi�lcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0 . Cauncil reconvened the meeting a� 10:50 p.m. MOTTON by Klassen to hire the firm of Holmes & Graven, 470 Pillsbury Center, Minneapolis, Minnesota to represent the Police Department in the Starks-Field v.s. Minnesota Police Recruitment Sys�ern, et al . Second by ; Wippermann. Ayes : McMenomy, Staats, Klassen, willcox, Wippermann. Nays: 0. MOTION b� Staats to reconsider Item 4.m of the Agenda eonfirming the indemnification of City employee legal fees and �1.aims . Second -by Willcox. Ayes: Staats, Klassen, Wippermann. Nays: Willcox. Abstain: McMenomy. Motion carried. MOTION by Wippermann to adopt A RESOLIITION AFFIRMINGyINDEMi+TIFICATZON OF CITY ENlPLOYEE LEG.AL FEES AND CLAIMS. Secand by Klassen. Ayes; Klassen, Wippermann, Staats. Nays: Willcox. Abstain: McMenomy. Motion carried. MOTION by McMenomy to adjourn the meeting. Second by Staats. Al1 were in agr�ement, the meeting was adjourned at 10:55 p.m. Respectfully submitted, Linda Jentink, Recording Secretary ATTEST: I Stephan Jilk, City Administrator The City Council Agenda Packe� is Clerk' s Fa,le 1993-3 . 4