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HomeMy WebLinkAbout4.a. Minutes of September 15, 1992 Regular MeetingPursuant to due call a Council of the City of 1992 at 8:00 p.m. in t ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1992 notice thereof a Regular Meeting of the City semount was duly held on Tuesday, September 15, Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. City staff present included Freese, Wasmund, Bechtold, Knutsen, Aker, and May. Also present was City Attorney Mike Miles. Mayor McMenomy led the group in the Pledge of Allegiance. Additions to the agenda included item 10. f) Salary Discussion, 12. b) Status of Firearms Ordi ance, 12. c) Status of Carlson Drainage Problem, and 12. d) Status of Fi cher Avenue Complaint. Mayor McMenomy opened the public hearing to consider O'Leary's Hills PUD Amendment. The recording secretary advised the required affidavits were on file. See Clerk's File 1992 - Planning Director Freese reviewed the request of Tim Broback, of Parkview, Inc. and developer of the O'Leary's Hills Planned Unit Development to amend the phasing plan that was approved with the PUD in 1987. The developer has not been able to proceed as quickly as desired with O'Leary's Hills Fifth Addition because of the Sewer Diversion Amendment, currently pending before the Metropolitan Counci . Members of the audiencelhad no questions or comments. MOTION by Wippermann to�close the public hearing. SECOND by Willcox. Ayes: Willcox, Wipperm nn, McMenomy, Staats, Klassen. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION GIVING APPROVAL TO ADDENDUM I OF THE O'LEARY'S HILL PLANNED UNIT DEVELOPMENT PLAN. SECOND by McMenomy. Ayes: Wippermann, McMe omy, Staats, Klassen, Willcox. Nays: 0. Mayor McMenomy opened the public hearing to consider O'Leary's Hills Fifth Addition Rezoning Petition. The recording secretary advised the required affidavits were on file. See Clerk's File 1992- . Planning Director Freese requested that City Council table action until the Metropolitan Council approves the Major Guide Plan Amendment redirecting sewer flows from this area to the Empire Waste Water Treatment Plant. Members of the audience had no questions or comments. MOTION by Willcox to chose the public hearing. SECOND by Wippermann. Ayes: McMenomy, Staat , Klassen, Willcox, Wippermann. Nays: 0. MOTION by Willcox to t ble action until the Metropolitan Council approves Comprehensive Guide Pl n Amendment No. 22. SECOND by Klassen. Ayes: Staats, Klassen, Willc x, Wippermann, McMenomy. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1992 Mayor McMenomy opened the public hearing to consider O'Leary's Hills Sixth Addition Rezoning Petition. The recording secretary advised the required affidavits were on file. See Clerk's File 1992- . Planning Director Freese requested that City Council table action in order to allow the developer and the city engineer to work out a plan for the improvements to the north -south street, Chokecherry Avenue, within the plat. Members of the audience had no questions or comments. MOTION by Wippermann to close the public hearing. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Wippermann to table action until issues relating to street improvements in O'Leary's Hills Sixth Addition are resolved. SECOND by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Mayor McMenomy opened the public hearing to consider R -1A Single Family Residential District Zoning Ordinance Text and Map Amendment. The recording secretary advised the required affidavits were on file. See Clerk's File 1992- . Planning Director Freese reviewed the proposed amendments and explained that since the Zoning Ordinance was revised in 1989 there has been an increase in variance requests regarding side yard setbacks, particularly in older established neighborhoods. Freese further explained that granting variances in these situations is difficult because of the stringent findings that must be made. At the direction of the Planning Commission, and later, following the submittal of a petition from residents residing in one of the neighborhoods affected by this ordinance, Planning Staff suggested that another Zoning District be created. In this new district, side yard setbacks would be five feet for single story houses and ten feet for two-story houses. The rear setback would be 25 feet instead of 30 feet. Detached accessory structures would be permitted five feet from the side yard property line. A concern was expressed from the Council and a petition was presented from a resident in Carrollton Addition to exclude this addition from the zoning ordinance text amendment. See Clerk's File 1992- . MOTION by Willcox to close the public hearing. SECOND by Wippermann. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Staats to adopt Ordinance B-22 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE, EXCLUDING CARROLLTON ADDITION. SECOND by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays. 0. MOTION by Willcox to wa fees back to the reside Ayes: Staats, Klassen, City Administrator Jilk Redevelopment Plan. Th "Redevelopment Project Municipal Development D modification will allow Port Authority, to issu construction of the Ros and the relocation and Highway #3. Jilk also September 14, 1992 regu approving the plan. He Commissioners had recei and concur that it foll financing. Members of the audi ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1992 Lve the $250.00 application fee and refund those its submitting the petition. SECOND by Staats. Willcox, Wippermann, McMenomy. Nays: 0. reviewed the proposed Modification of the Rosemount s modification calls for the expansion of the real, established in 1979 to encompass the entire strict #1 established in 1990. This proposed the city, through the auspices of the Rosemount debt and utilize tax increment dollars for the mount Community Center, the multi-purpose arena, cquisition of the existing businesses along dvised that the Port Authority, at their ar meeting, took action and passed a resolution also advised that the Dakota County Board of ed and considered the proposed Modification Plan ws the County's policy regarding tax increment had no questions or comments. MOTION by Wippermann to close the public hearing. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION APPROVING MODIFICATION OF THE ROSEMOUNT REDEVELOPMENT PLAN AND THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, AND THE AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCIN (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-1. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. The consent agenda was reviewed by Council with a correction being made to the September 1, 1992 Minutes regarding a motion by Councilmember Klassen. It was agreed, by Council, that a motion was not made but that consensus had been reached to direct staff to study feasibility of extending Highway 3 improvements beyond Armory needs. Item 9. g) Fischer Avenue Maintenance Agreement with Nininger Township was pulled to be discussed under Mayor's Report along with 12. d) Status of Fischer Avenue Complaint. MOTION by Willcox to a prove the Consent Agenda as amended. SECOND by McMenomy. Ayes:. Wipp rmann, McMenomy, Staats, Klassen, Willcox. - Nays. 0. Mayor McMenomy called or a ten minute recess at 9:25 p.m. Meeting reconvened at :37 p.m. Mayor McMenomy requested that the agenda be amended to accommodate members of the audience who were in attendance to hear the outcome of item 10. e) Armory/Community Centex Project Contract Award. City Administrator Jilk advised that this item was on the agenda for final consideration and a de ision would need to be made on which projects to approve. City Attorn y Miles briefly commented on the status of Knutson Construction's appeal n their rejected Armory bid. Miles informed the 3 I ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1992 council that papers had been filed yesterday and that a hearing had been scheduled for September 15, 1992. Miles advised that even though there was no action by the court at this time, there was no reason not to proceed and pass the resolution. Mr. Greg Clausen, Assistant Principal, Rosemount High School, reaffirmed the school district's position on their support and need for the proposed arena and reiterated the school district's commitment in terms of ice time hours. He also recognized the dedicated people involved in the planning of the project over the past four years. Members of the Council individually expressed their views regarding the proposed arena and voiced their support to proceed with the project. MOTION by McMenomy to adopt A RESOLUTION AWARDING THE CONTRACT FOR THE CONSTRUCTION OF THE NATIONAL GUARD ARMORY, ROSEMOUNT COMMUNITY CENTER, MULTI-PURPOSE ARENA AND ASSOCIATED BID ITEMS EXCEPT BID ITEMS 14B, 29, AND 35A AT A COST NOT TO EXCEED $5,114,025 AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT DOCUMENTS. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Consensus was reached among Councilmembers to direct staff to begin the process of hiring a person to market the new facility which would include establishing a job description and structuring a salary. Parks and Recreation Director Bechtold briefly reviewed his request to award the contract for skating rink materials for Erickson Park and Jaycee Park. Bechtold explained that in order to save money, park maintenance staff would perform the labor required to construct the rinks. MOTION by Willcox to receive quotes and to award the contract for the rink materials to Dakota Lumber for $9,715 with $6,477 to come from CIP Account #202-24411 and $3,238 to come from CIP Account #532 for rink projects A-92.2 and J-92.5. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Klassen to receive the quotes and to award the contract for the back drop fence materials and labor to Century Fence Company for $10,398 with $6,932 to come from CIP Account #202-24411 and $3,466 to come from CIP Account #534 for projects A-92.2 and J-92.5. MOTION by Willcox to receive bids and award the contract to the lowest responsible bidder, Berg Electric Company, for the amount of $59,377 from CIP Account #202-24411 and CIP Account #534 for rink lighting projects A-92.1 and J-92.5. Council entered into discussion regarding postponing the Fire Station referendum to March of 1993. It was agreed among Councilmembers that more time would not hurt the planning process and would do the project more justice. Discussion ensued regarding the timing of a new referendum and what the cost to the City would be to hold their own election. 0 MOTION by Klassen to de: construction of the Fir( later to be determined l more complete and timell by McMenomy. Ayes: Wi. Nays: 0. City Administrator Jilk document for the Airpor that Mayor McMenomy sho Metropolitan Council at September 22, 1992. Co cities to determine the this information to the ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1992 ay the holding of the referendum on the Station and purchase of fire apparatus at a date y the City Council in consideration of presenting information to the public on this project. SECOND lcox, Wippermann, McMenomy, Staats, Klassen. reviewed and commented on the draft decision Dual -Track Planning Process. Council concurred ld present comments, drafted by staff, to the their Public Hearing scheduled for Tuesday, ncil also directed staff to canvass surrounding r position on the decision document and present Metropolitan Council at the hearing. Councilmember Willcox requested that a special meeting be set to discuss City staff salaries and to examine the cost effectiveness of accounting procedures. CouncilmerrLbers questioned whether Councilmember Willcox would provide comparison documentation from other municipalities for Council to review at the meeting. Councilmember Willcox indicated that he had information from one City and could get information from another. MOTION by McMenomy to Set a special meeting for Tuesday, October 13, 1992 at 7:30 p.m. to discuss City staff salaries and accounting procedures. SECOND by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays. 0. MOTION by Willcox to table action on O'Leary's Hills Sixth Addition Final Plat to allow the developer and the city engineer to work out a plan for street improvements. SECOND by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Mayor McMenomy proclaim d September 17, 1992 as Child Protective Services Day in the City of Rose ount. Council was advised by Police Chief Knutsen that he would provide a recommendation for theiconsideration at the October 6, 1992 City Council meeting regarding a rev'sed firearms ordinance. Council requested an update on the status of the erosion problem on the Carlson property that was brought to their attention by Mr. Harold Wachter. Public Works Director W smund informed Council that a meeting had been held with Mr. Wachter at the site and that Mr. Wachter was informed that the problem should be resolved when O'Leary's Hills Fifth Addition storm sewer is constructed. Public Works Director W smund briefly reviewed the Fischer Avenue Maintenance Agreement w'th Nininger Township. Wasmund informed Council that he had discussed tae agreement with Mr. Robert Rotty, Nininger Township Chairperson, a d that Mr. Rotty had concerns with the agreement. Council suggested that he agreement be amended to have either the City of Rosemount or Nininger T wnship maintain Fischer Avenue all of the time and the other pay for these services in place of the rotating schedule now being used. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR. MEETING SEPTEMBER 15, 1992 MOTION by Klassen to table action on the maintenance agreement for Fischer Avenue between the City of Rosemount and Nininger Township until an acceptable agreement can be arranged. SECOND by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. In regard to the complaint by Jane Myklya, 14999 Fischer Avenue, City Administrator Jilk informed the Council that staff is still investigating the problems noted by Ms. Myklya. Discussions with the Police Chief and Fire Chief have taken place, and as evidenced by the Fischer Avenue Maintenance Agreement, steps are being taken to rectify road maintenance services. MOTION by Klassen to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. The meeting adjourned at 11:20 p.m. ATTEST: Stephan Jilk City Administrator Respectfully submitted, Deborah Widstrom Recording Secretary 2