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HomeMy WebLinkAbout4.a. Minutes of February 2, 1993 Regular Council Meeting ` ' � ROSEMOUNT CITY PROCEEDINGS REGIILAR MEETING FEBRUARY 2, 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, February 2, 1993 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. i Mayor McMenomy called the meeting to order with Councilmembers Willcox, i wippermann, Staats and Klassen present. Staff present were: Freese, ' Jilk, Osmundson, and Wasmund_ Also in attendance was City Attorney Mike Miles. Mayor McMenomy welcomed the audience and led the group in the Pledge of Allegiance. Changes to the agenda included moving 4 . i. Goal Setting Schedule for 1993 from Consent Agenda to New Business and adding 3 .c. Law Firm Inquiry of Councilmember, 5 .c. Mosquito Control Minor Comprehensive Guide Plan Amendment, 5 .d. Starks/Fie1d Minnesota Police Recruitment System Attorney Confirmation, and 7. f. Strese Property Update. Kevin Carroll, representing S.O.A.R. , discussed siting developments at the January 27th Technical Committee meeting. Two Hastings sites and one Rosemount site were chosen, then at a Policy Committee meeting one more Rosemount site was chosen. Some arguments against these sites are bird strikes, hampered development for Hastings, the major roadways around Hastings (i.e. 61, 316) and Rosemount (Hwy 55/52) would be disturbed. Site 5 would allow air patterns over downtown Rosemount. The Noise Zones and Safety Zon.es are regulated by State and Federal laws, these are not all included in the Search Area as required. The Search Area may have to be expanded. A Public Hearing is set for Thursday, February 25, 1993 at 7: 00 p.m. at the Hastings Middle School Auditorium, 9th Street and Vermillion Street tHighway 61) , Hastings, Minnesota (call 726-8189 if questions) . Diane Pinkert, President of the Rosemount Chambers of Commerce introduced Lucy Holzer from the Government Action Committee. Ms. Holzer listed some of the goals, concerns and strategies of the group. Emphasis was placed on communication with staff and council; shared visions and common goals; vendor protection; sign ordinance; clarifications, concerns with policy, Star Cable User Fee; donations; tracking of TIF monies; better notification of special meetings and agendas. The Government Action Committee would like to have raund table discussions with staff and council, conduct a new survey of businesses in Rosemount, and have Chamb�er members attend City Council meetings and vise versa. Councilmember Willcox said a written response will be provided to the Government Action Committee for further review. Staff and Council agreed. Mayor McMenomy and Councilmembers received a letter alleging Councilmember Willcox acted inappropriately regarding the relocation of businesses by the Armory/Community Center site. Attorney Keller said, "Willcox advised his {Keller�,$) clients they should sue the city and get better representation. ° Keller requested the Rosemount City Council to respond to this serious matter. . � ROSII�iOIINT CITY PROCEEDINGS REGULAR MEETING FEBRIIARY 2, 1993 Mayor McMenomy noted that City Attorney Miles will investigate the allegations and noted that this type' of influence is not acceptable behavior. Councilmember Willcox said there was no truth to this and he will respond in a letter. Councilmember Klassen noted that policy clearly says that a councilmember cannot act independent of the Council and she recalled an additional incident where a developer noted a similar situation with Mr. Willcox. ' Mayor McMenomy opened the Public Hearing for the F1ood Plain Ordinance .Amendment which was continued :from the January 19, 1993 public hearing. Staff recommended adoption as the changes put the City of Rosemount in compliance with the state and federal regulations. MOTION by McMenomy to close the Public Hearing on the Flood Plain OYdinance. Second by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0 . MOTION by Willcox to adopt ORDINANCE NO. XVII.102 AN ORDINANCE AMENDING ORDINANCE NO. XVII.4 SIIBDIVISION ORDINANCE AND ORDINANCE NO. B-25 AN ORDINANCE AMENDING ORDINANCE B - CITY OF ROSEMOIINT ZONING ORDINANCE. Secoad by Rlassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats . Nays: 0 . MOTION by Willcox to approve the summary of the contents of Ordinance B- �5 for official publication. Second by Wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0 . MOTION by Wippermann to approve the Consent Agenda amending the January 19 , 1993 City Council minutes on page 4 to include Stephan Jilk and E.B. McMenomy� s name. Second by Willcox. Ayes: Wippermann, McMenomy, S�aats, Klassen, Willcox. Nays: 0 . Administrator Jilk reviewed the "comment card° proposed by the Taxpayers Committee. Jilk will outline options, costs, and forrnats at the March 2 , 1993 City Council meeting and invite residents to participate in its developmen�. Don Sinnwell noted that establishing use of the comment cards by summer should be possible. The City Council interviewed residents for commissions and committees on January 23, 1993 and have come to a consensus on the appaintments. MOTION by McMenomy to approve the appointments of three year terms for Lorrayne Ingram, Planning Commission, Patrick McDermott, Planning Commission, Linda Ladzun, Parks and Recreation Committee, Dave Giliuson, Parks and Recreation Committee, and Joseph Walsh, Utilities Commission. Second by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0 . MOTION by Klassen to approve the appointment of Kevin Carroll to the Port Authority for a six year term. Second by Wippermann. Ayesc Staats, Klassen, Willcox, Wippermann. Nays: 0 . Abstain: McMenomy. 2 , � r , ROSEMOIINT CITY PROCEEDINGS REGIILAR MEETING FEHRIIARY 2, 1993 Mayor McMenomy noted that City Attorney Miles will investigate the allegations and noted that this type of influence is not acceptable behavior. Councilmember Willcox said there was no truth to this and he will respond in a letter. Councilmember Klassen noted that policy clearly says that a councilmember cannot act independent of the Council and she recalled an additional j incident where a developer noted a similar situation with Mr. Willcox. j Mayor McMenomy opened the Public Hearing for the Flood Plain Ordinance Amendment which was continued from the January 19, 1993 public hearing. Staff recommended adoption as the changes put the City of Rosemount in ' compliance with the state and federal regulations. � MOTION by McMenomy to close the Public Hearing on the Flood Plain Ordinance. Second by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. . MOTION by Willcox ta adopt ORDINANCE NO. XVII.102 AN ORDINANCE AMENDING ORDINANCE NO. XVII.4 SUBDIVISION ORDINANCE AND OR.DINANCE NO. B-25 AN ORDINANCE AMENDING ORDINANCE B - CITY OF ROSEMOUNT ZONING ORDINANCE. Second by Klassen. Ayes : Klassen, Willcox, Wippermann, McMenomy, Staats . Nays : 0 . MOTION by Willcox to approve the summary of the contents of Ordinance B- 25 for official publication. Second by wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0 . MOTION by Wippermann to approve the Consent Agenda amending the January 19, 1993 City Council minutes on page 4 to include Stephan Ji1k and E.B. McMenomy' s name. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays : 0 . Administrator Jilk reviewed the °comment card" proposed by the Taxpayers Committee. Jilk will outline options, casts, and formats at the March 2, 1993 City Council meeting and invite residents to participate in its development. Don Sinnwell noted that establishing use of the comment cards by summer should be possible. The City Council interviewed residents for commissions and committees on January 23 , 1993 and have come to a consensus on the appointments. � MOTION by McMenomy to appro've the appointments of three year terms for i Lorrayne Ingram, Planning Commission, Patrick McDermott, Planning Commission, Linda Ladzun, Parks and Recreation Committee, Dave Giliuson, Parks and Recreatian Committee, and Joseph Walsh, Utilities Commission. Second by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0 . MOTION by Klassen to approve the appointment of Kevin Carroll to the Port Authority for a six year term. Second by Wippermann. Ayes: Staats, Klassen, Willcox; Wippermann. Nays: 0 . Abstain: McMenomy. � 2 i � � � ROSEMOIINT CITY PROCFsEDINGS REGULAR MEETING FEBRIIARY 2, 1993 The Mosquito Control property owners are requesting a Minor Comprehensive Guide Plan Amendment to be rnoved ahead as soon as possible. Director Freese said that it could be processed one week earlier and then the Planning Commission will set Public Hearing on March 2, 1993 . Administrator Jilk and Attorney Miles reviewed the Starks/Field Minnesota Police Recruitment System litigation initiated by two minority persons who felt the testing procedures used did not offer fair employment opportunities. MOTION by Willcox to approve the Joint Defense Agreement with Holmes & Graven in regard to the Starks/Field Minnesota Polic�e Recruitment System litigation. Second by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. City Engineer Bud Osmundson asked City Council to consider a Transportation Utility as supported at a recent Engineers Annual meeting. Currently State Statutes allow cities to impose a Utility Fee for the use of sewer, water and storm sewer. Support is being sought to influence . the State Legislators and Senators for future legislation. This would allow additional funding to be available to cities to do reconstruction ` and maintenance of streets and utilities and yet spread the cost more evenly to -residents. MOTION by Wippermann to table the adoption of a resolution supporting enabling legislation allowing municipalities to establish transportation utilities for future consideration. Second by Staats. Ayes: wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0 . MOTION by Willcox to approve the hiring of Rich Lonnquist for the position of Engineering Technician effective March l, 1993 subject to passing the pre-employment physical and Drivers License Check and approve the salary, benefits and conditions as outlined in Administrative Assistant Susan Walsh' s memorandum dated February �, 1993 . Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0 . Councilmember Willcox requested staff to develop a process where by the 1994 Debt Service Levy would be reflected in feasibility reports. Jilk noted that the danger with this is realizing that these numbers would be projected, not actual, and dependent on whether projects were approved or not. Jilk said that it would be helpful information in the decision process. This information is reviewed yearly at budget time. City Engineer Bud Osmundson will have this information for the 145th Street Reconstruction `at the February 16, 1993 meeting. Ma.yor McMenomy called for a ten minute break at 8 :55 p.m. City Administrator Jilk presented information about a process by which appeals to the fire and building codes are to be handled as set forth in the Uniform Building Code and Uniform Fire Code which have been adopted by the City. An establishment of an "Appeals Board° would be comprised of inembers which are professionals like architects, firefighters, and eonstruction trade contractors. Two appeals have been received by 3 � . , ROSEMOUNT CITY PROCEEDINC�S REGIILAR MEETING FEBRIIARY 2, 1993 Council and Administrator Jilk advised these appeals could be reviewed by the City Council or by a newly created Appeals Board. Wippermann noted that a Board would provide assistance to the City Council dealing with safety and/or environmental issues with professionals making the review rather than City Council. Klassen agreed that Council needs to take a progressive approach to the future. ; Willcox said the elected officials should be held accountable. There is no guarantee the Board could remain neutral . � i Attorney John Burns addressed the Council regarding The Rosemount Pla�a Condominium Association' s appeal . No action was taken by Council at this time. Further review will be considered at a later date. Planning Director Freese introduced Barb Schmidt, Director of Dakota County Parks Department. Ms. Schmidt gave some background on the Spring Lake Park development which originally called for dykes that would ereate up stream flooding for water recreation. This was determined not to be feasible so an alternative plan was made including siting for a family campground and archery range in Rosemount, sites for a nature interpretive center and a visitor center in Nininger Township and an equestrian trail head. Both the Parks and Recreation Committee and the Planning Commission have voted to support the proposed amendments to the Spring Lake Park Master Plan. MOTION to direct planning staff to send a letter to the Metropolitan Council indicating the City' s support of the amendment to the Dakota County Fark Plan for Spring Lake Park. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0 . Mayor McMenomy advised Council of a public acknowledgement of an error made regarding the Strese Oil property involved a 90-day notice for vacation of 14810 South Robert Trail to David Strese. Conworth, Inc. based this action on the continuing quick-take condemnation resolution approved by the Port Authoirty. As the condemnation proceedings were not proceeding, Conworth, Inc. mailed a rescission of the 90-day vacate ' notice to the Strese' s with apologies. The Goal Setting Meetings for 1993 wi11 be set for March 3, 1993 at 6 :30 p.m. for City Council and the Administrator anci A4arch 10, 1993 at 6 :30 p.m. _for City Council and Department Heads. 11�dditional meetings will be scheduled later. Administrator Jilk gave an update on the construction now taking place at the Armory/Community Center site, Communication procesees and billing processes are in place and are working well . Jilk would encourage staff and council to arrange a visit to the construction site. In negotiating to move the ice arena completion date up cost estimates have ranged from $10, 227 to $51,297. Revenue loss from the ice-time lost could be as high as $20, 000 if not open by December 15, 1993 . This will be reviewed at the Parks and Recreation meeting on February 22, 1993 . � I 4 s t � ROSEMOUNT CITY P1tOCLEDINGS REGIILAR MEETING FEBRUARY 2, 1993 MOTION by McMenomy to go into a closed session to discuss the McDonough/Sunrise Builders lawsuit. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0 . The meeting was resumed at 10:30 p.m. MOTION by McMenomy to adjourn the meeting. Secoad by Staats. Al1 were in favor, the meeting was adjourned at 10:35 p.m. Respectfully submitted, Linda Jentink, Recording Secretary ATTEST: E.B. McMenomy, Ma.yor The City Council Agenda Paeket is Clerk' s File 1993-6 . 5