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HomeMy WebLinkAbout4.1. Minutes of September 21 and 27, 1993 Regular Meeings T Y�j DR�FT ROSEMOIINT CITY PROCEEDINGS REGULAR MEETING SEPTII�lBER 21, 19 9 3 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, September 21, 1993 at 7:30 p.m. in the Council Chambers at Rosemount City Hall . Mayor McMenomy called the meeting to order with Councilmembers Willcox, Klassen, Staats and Wippermann present. Staff present were Bechtold, Freese, Jilk, Knutsen, Osmundson, Pearson, Topitzhofer, Walsh, and Wasmund. Also in attendance was City Attorney Miles. Mayor McMenorny welcomed everyone and led the group in the Pledge of Allegiance. Councilmember Klassen made an addition under Department Heads Report for the Tractor Pull Announcement, Item 3 .c. Item 4. q. Fire Department Relief Association Past Funding Review was pulled for additional information. Item 4 . s. Community Center/Armory Construction Pay Estimate Request was revised to the total amount of $22, 170 .51. City Administrator Jilk added Item 11. Administrator Resignation. Kevin Carroll gave an update on SOAR and the Metropolitan Airport Commission (MAC) . Mr. Schilling, Chair of_ MAC, was fired by Governor Carlson, appointing someone who was neutral on the issue of a new airport. The option of "home buy out° was approved for residence near the northwest boarder of the Twin Cities Metropolitan Airport. The site selection was decided in favor of the- Hastings Site 3 ; an environmental impact study will be conducted. Nigel Finney is willing to have a workshop in Dakota County for alI city governments in Dakota County. Direction was given to Administrator Jilk to contact Mr. Finney and offer the Rosemount City Hall for a workshop on the airport location and impact. A fund raiser Hog Roast for SOAR was scheduled on September 26, 11 am - 4 pm, at the VFW in Hastings on Highway 61. Councilmember Wippermann, acting as city liaison to the Rosemount Chamber of Commerce, reported that a committee is forming to 1) enhance the corridors into Rosemount; 2) coordinate the decorations for the Christmas season; and 3) have involvement in the Ringette Tournament. There will be a Candidates Forum on October 12 at 11:45 am at City Hall. Many positive expressions have eome fram the business people. Cathy Busho gave a concluding report on the Leprechaun Days celebration. Busho thanked Mike Widstrom from Public Works and Rick Cook from Parks & Recreation and their crews for the hard work that really helped make Leprechaun Days successful. Sue Walsh, Administrative Assistant and Steve Ji1k, City Administrator were very instrumental in the arranging the use of the City Hall parking lot. Additional help was given from the Police Department, Fire Department, and Lisa Jost and staff in the Parks and Recreation Department. The city hall receptionist, Cheryle Coughlin, directed many calls for Leprechaun Days events. Deb Marthaler organized the parade again. Thank you to all and to all the local businesses that contributed! Mayor McMenomy added his thanks and that of the City Council' s. CounCilmember Klassen announced the Tractor Pull which had been postponed from the Leprechaun IIays event. It is to be held on October 2, 1993 , at ROSEMOIINT CITY PROCEEDINGS �F� � REGULAR MEETING SEPTEMBER 21, 1993 1:30 p.m. at the VFW. Klassen will be in the celebrity event challenging Councilmember Wippermann who now holds the traveling trophy from last year. Others are encouraged to participate and come and watch. MOTIQN by Wippermann to approve the Consent Agenda moving Items 4 , h. , i. , and x. for discussion under Qld Business and pulling Item. 4 . q. . Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Mayor McMenomy proclaimed the Week of October 3 through 9, 1993 as Fire Prevention Week in Rosemount. The slogan "Get Out, Stay Out° is �rour fire safe response theme. This commemorates the 1871 Chicago Fire. Mayor McMenomy gave an overview of the Public Hearing process. Mayor McMenomy opened the Public Hearing for the Zoning Ordinance Text Amendment at 8 :00 p.m. The recording secretary confirmed that the Affidavits of Notice and Publication were on file. Planning Director Lisa Freese explained the Zoning Ordinance Text Amendment recommended by the Planning Commission in response to the failure of City Council to make amendments to the set back requirements of the Comprehensive Guide Plan. These amendments deal with four areas: l) density; 2) lot size minimum; 3) change to a minimum standard for General Industrial; and 4) define planting strips. CMC Heartland developers eommented on the restrictions this would impose and cost increases it would cause. MOTION by Willcox to close the Public Hearing for the Zoning Ordinance Text Amendment. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. It was the consensus of the City Council to table this zoning amendment until the Comprehensive Guide Plan is ready for approval . Mayor McMenomy opened the Public Hearing for Commercial Outdoor Recreation Zoning Text Amendment. The recording secretary noted that the Affidavits of Notice and Publication were on file. Assistant Planner Rick Pearson was requested by the operators of two paintball game businesses to expand their business hours . The uses are viewed as temporary given the need for natural wooded areas for gaming purposes. The Planning Commission directed staff to develop flexibility for the uses without setting undesirable precedents for other uses in any district. Ordinance B-32 accomplishes the objective with findings added to the standards for Interim Use Permits. MOTION by McMenomy to close the Public Hearing for Commercial 0utdoor Recreation Zoning Text Amendment. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by McMenomy to adopt Ordinance B-32 for Commercial Outdoor Recreation interim uses in the Agriculture and General Industrial 2 - '-y ROSEMOiTNT CITY FROCEEDINGS REGULAR MEETING SEPTE�SBER 21, 1993 Districts. Second by Willcox, Ayes : Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to extend the time period of the permits issued to Adventure Zone and Splatball, Inc. to November 1, 1993 . Secoad by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Mayor McMenomy opened the Public Hearing for the Increase of Liquor License Fees. The recording secretary noted that the Affidavits of Notice and Publication were on file. Administrative Assistant Susan Walsh reviewed the recommended increase to the liquor license fees. The increase is about l00 on the On-Sale Intoxicating Liquor License and 20� increase to the rema.ining wine and beer sales . Temporary on-sale liquor was xeduced from a 3 day license at $100 to a one day license at $35 . Most clubs only use the one day license. A new fee of $50 was recommended for requested amendments to approved liquor licenses. MOTION by Wippermann to close the Public Hearing for the Increase of Liquor License Fees. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None, MOTIpN by McMenomy to adopt an ORDINANCE OF THE CITY OF ROSEMOUNT CONCERNING FEFS FOR LIQIIOR LICENSES. Secoad by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays. None. Councilmember Staats introduced the problem business owners have with the downtown parking changes of not allowing any parking on Highway 3 . Staats reviewed that this change was brought up several times at City Council and no one commented against it. Now a contract has been signed with the Minnesota Department of Transportation (MnDot) mandating that since the width of Highway 3 will remain the same, a center turn lane is drawn in striping for one year. After the year is over, if the business owners experience hardship, or if the safety factor is not improved, the striping can be changed back allowing parking on Highway 3 . Dentist Dwayne Sergh, 14525 S . Robert Trail, has no on site parking, only the parking on Highway 3 . Bergh felt that the difficulty of parking may hurt his business. Bergh encouraged the Port Authority to get involved with looking at alternative ,parking for the downtown area. Also coordinating the time of the traffic lights with County Road 42 ma.y move traffic through better. City Engineer Osmundson said we will have to try not parking on Highway 3 for one year because of the contract with MnDot. The left turn lane in the middle has proven to imprave safety. The car count at the intersection of 145th Street West and Highway 3 is about 10, 000 cars per day. Osmundson agreed that staff and the Port Authority could look for additional parking in the downtown area. St. Joseph Church would be allowed to park on the west side of Highway 3 . Mayor McMenomy opposed the non-parking policy on Highway 3 . 3 ROSEMOLTNT CITY PROCEEDINGS `'� ' REGULAR MEETING SEPTED2BER 21, 1993 City Attorney Miles noted that it would be very difficult to change the contract with MnDot. The contract would likely be ready for review in June, 1994 . Councilmember Klassen hoped that business owners would share their parking with businesses on Highway 3 while needed. MOTION by Willcox to direct the Port Authority and staff to work with businesses affected by the no parking ,on Highway 3 in the downtown area to relieve the lack of parking. Secoad by Klassen. Ayes: Klassen, Willcox, wippermann, McMenomy, Staats. Nays: None. Planning Director Lisa Freese updated Council on the aCtion Metropolitan Council took regarding the City' s Comprehensive Plan: Freese explained that Metropolitan Council has required the City to submit a revised plan limiting the City' s urban service area. Discussion ensued. It was determined that a work session would be necessary inviting all commissions and committees. MOTION by McMenomy to have a special meeting on Monday, September 27, 1993 at 6:30 p.m. to discuss the Comprehensive Plan urban service area. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. City Administrator Jilk reviewed the need to renew the city attorney contract. Jilk noted the need for consistency in this area is extremely important. Councilmember Klassen agreed that for stability it would be good to maintain Fluegel, Moynihan and Miles, P.A. for at least six months. � MOTION by Klassen to renew the contract with Fluegel, Moynihan & Miles, P.A. for six months to begin on January l, 1994. Second by Wippermann. Ayes: Wippe�mann, McMenomy, Staats, Klassen, Willcox. Nays: None. Discussion was held regarding a special meeting with the Port Autharity and City Council to develop goals and objectives. An acceptable time could not be determined. A meeting will be scheduled in the future. Mayor McMenomy discussed assessments for City Projects 206, 212, and 191. The Mayor called for a special meeting to review the benefit to each property. MOTION by McMenomy to have a Special City Council meeting on Tuesday, October 28, 1993, at 7:D0 p.m. to discuss the assessment policy. Secoad by Willcox. Ayes : McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. . Administrator Jilk reviewed the Mullikin Lot Split in which Mr. Mullikin would obtain another residential lot. A park dedication is normally ' required, in this case $520. Mr. Mullikin has requested waiver of this amount due to the large amount of surveyor costs and legal fees. Discussion followed. MOTION by Willcox to waive the $520 Park Dedication Fee for the Leroy Mullikin lot split based upon special circumstances of an error in the 4 ` ' ` ' ROSEMOUNT CITY PROCEEDINGS REGULAR. MEETING SEPTEMBER 21, 1993 legal description. Second by McMenom . A es: Staats Klassen Willcox Y Y , , , Wippermann, McMenomy. Nays: None. MOTION by Willcox to waive the $150 variance petition fee for the Leroy Mullikin lot split based upon special circumstances of an error in the legal description. Second by Staats. Ayes : Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Community Center Manager Jim Topitzhofer recommended the hiring of Lisa Jost, currently the Assistant Director of Parks and Recreation, for the position of Assistant Community Center Manager . The Selection Committee interviewed six candidates and is convinced that Lisa Jost is the right choice. MOTION by Klassen to approve the hiring of Lisa Jost as Assistant Community Center manager at a salary of $36, 847 with a start date of October 11, 1993 . Second by Staats. Ayes: Willcox, Wippermann, McMenorny, Staats, Klassen. Nays: None. Police Chief Lyle Knutsen reviewed the selection process used to seek a qualified applicant for the position of Police Officer. Seventy applications were reeeived and twenty-one were invited to interview. John Winters had the overall top score, has been an active 'Rosemount Police Reserve Officer for two years and has lived in Rosemount 17 years. MOTION by McMenomy to approve the hir�ng of John Winters as a Rosemount Police Officer to begin his employment on September 27, 1993 . Second by Staats. Ayes: wippermann, McMenomy, Staats, Klassen, Willcox. Nays : ' �one. Police Chief Knutsen presented an Ordinance for control of noisy parties and gatherings. City Attorney Miles xeviewed the ordinance and advised it was legally appropriate. MOTION by Wippermann to adopt AN ORDINANCE RELATING TO THE CONTROL OF DISTITRBING NOISES AT PARTIES AND GATIiERINGS. Second by Willcox. Ayes : McMenomy, Staats, Klassen, WiTlcox, Wippermann. Nays: None. Councilmember Klassen introduced a new committee in Dakota Cour�t�!�The Dakota County League of Governments. ° Klassen requested to,�,represent the City of Rosemount� �� � meetin¢sscheduled for October 13 , 1993 at the Apple Valley_Li ra .'""Cbnsensus agreed. City Administrator Jilk read a letter of resignation. Jilk encouraged �staff to keep a positive and °can do° attitude. Councilmember Klassen noted that this is a loss to the City and thanked Jilk for the assistance he had given her and said she would accept his resignation with regret. City Gouncil wished Administrator Jilk and his family well and thanked him for �.he hones.t, straight forward attitude he ma.intained. 5 .���- . . ROSEMOUNT CITY PROCEEDINGS '� REGULAR MEETING ' SEPTEMBER 21, 1993 MOTION by McMenomy to accept the resignation of Stephan Jilk as City Administrator to be effective October 31, 1993 . Second by Willcox. Ayes: Staaats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to set a Special City Council meeting for October 2, 1993 at 8 :00 a.m. to discuss a selection process for a new City Administrator and an Interim Administrator. Second by Willcox. A�e�.: - - Klassen, Willcox, Wippermann, McMenomy, St�ats . �?av�-- ��n�, MOTION by Willcox to adjc�urn. Second by McMenomy. Ayes: 5 . Nays: None. The meeting was adjourned at 11:10 p.m. Respectfully submitted, Linda Jentink, Recording Secretary ATTEST: Stephan Jilk, City Administrator The City Council Agenda Packet i� Clerk' s File 1993-33 . 6 ����� ROSIIMiOUNT CITY PROCEEDINGS SFECIAL MEETING SEPTEMBER 27, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, September 27, 1993, at 6 :30 p.m. in the Council Chambers at City Hall . Mayor McMenomy called the meeting to order with Councilmembers Staats, Willcox, Wippermann, and Klassen present. Staff present were: Freese, Heimkes, Miller, Osmundson, Pearson and Wasmund. Some Commissioners present were Planning, Busho, Baago, Ingram, DeBettignies, Droste and Port Authority: Dunn, Anderson. Also present was City Attorney Mike Miles. The audience had people that represented CMC Heartland Developers, U.S. Homes Developers, Carlson Properties, and the National Guard Maintenance Facility. Mayor McMenomy opened the meeting and led the audience in the Pledge of Allegiance. Cauncilmember Wippermann asked to add to the Agenda a discussion on the City Administrator Search. Council agreed. Discussion followed. MOTION by Wippermann to direct Administrative Assistant Susan Walsh to eontact the League of Minnesota Cities for the purpose of obtaining - information on firms to conduct a search for a new City Administrator and also resources for selection of an interim Admiriistrator including how long these processes may take. Second by McMenomy. Ayes: McMenomy, Wippermann, Klassen, Staats, Willcox. Nays: None. . Mayor McMenomy advised the group that the goal for this meeting was to have the City Council direct staff in regard to where the sewer capacity should be used for the next two years . Planning Director Lisa Freese reviewed the phasing of sewer capacity shown on the MUSA Maps; the Interim Map, the Year 2000 Map, and the Year 2010 Map. The Interim Map is required to be adjusted downward by the Metropolitan Council' s mandate. This will require some changes . The hope of staff is that in 1998 an expansian will be made to the Rosemount Treatment Plant which will allow further development. The Treatment Plant is under the control of the Metropolitan Council whieh does not allow the City to initiate any improvements on their own. It is hard to limit development now but hopefully in 1998 it won' t be an issue any longer. Discussion tonight needs to direct staff to change some designated uses or to approve sewer usage on a project to project basis and then in two years hopefully the City will be in a better position. It was noted that developers along with staff need to lobby Metropolitan Council in order to let them know that it is a hardship for developers` and city governments. Several other communities are going through the same crisis; Cottage Grove, Hastings, and Stillwater are some. A coalition with these cities in similar circumstances would be helpful . Director Freese advised that the numbers used for the equivalent units for projects are estimates and not firrn figures. Normally developments are estimated to use 30 residential equivalent units (SAC Unites) per ten acres. Until projects submit a plat the exact usage cannot be given. Those representing projects known to be in the development process were allowed to present their concerns. . ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 27, 1993 Ed Dunn, Port Authority Chair, noted that one option would be to let the development market drive the usage issue. Expansion would follow the demand perhaps with some performance criteria so that a maximum number of units per year would be allowed. Discussion showed that the larger home developers could build 75 units in a year. Planning Commissioner Ingram noted that a good "insulation" to keep the new airport out of Rosemount would be as much residential development as possible. Port Authority Commissioner Anderson spoke in defense of the Business Park stating that a Market Committee has been formed and what is needed is lots ready and available with utilities. Councilmember Willcox noted that a first come first serve all�cation o� sewer units makes sense, Councilmember Klassen noted the frustration to have to turn away any development. Council consensus was to direct staff to "�e M�iJ'�units ��� n�W3��. for the Kelly Trust land to swap with land for the Business Park and the CMC project. An update of this information should be presented to City Council at the next regular meeting with a special meeting to follow. Mayor McMenomy called a Special Meeting of the City Council �or October 12 , 1993 at 7: 00 p.m. to review further the MUSA allocation. MOTION by McMenomy to adjourn. SECOND by Wippermann. Ayes : Five. Nays: None. The meeting was adjourned at 9 :30 p.m. Respectfully submitted, Linda Jentink Recording Secretary ATTEST;. . ._ E.B. McMenomy, Mayor The City Council Agenda Packet is Clerk' s File 1993-34 . 2