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HomeMy WebLinkAbout4.d. Minutes of July 7, 1992 Regular Council MeetingROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7 1992 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, July 7, 1992, at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with all councilmembers present: Willcox, Klasoen, Wippermann and Staats. Staff present were: Aker, Bechtold, Freese, Jilk, Knutsen, May, Miller, Osmundson, Walsh and Wasmund. Also in attendance was City Attorney Miles. Mayor McMenomy led the group in the Pledge of Allegiance. The agenda was amendedto include: CONSENT: Item 4. e) Approve Donation Expenditure; OLD BUSINESS: 5. d) Growth Management Task Force - Set Meeting for August 19,1992 in Council Chamber; TO FOLLOW PUBLIC HEARINGS: Executive Closed Session on McDonough Law Suit; NEW BUSINESS: 8. f) Tractor Pull; and ANNOUNCEMENTS: Association Metropolitan Municipalities Breakfast July 17, 1992. City Administrator Stephan Jilk introduced John Miller the new Economic Development coordinator who will work closely with the Port Authority. Mr. Miller has received experience working at the cities of St. Cloud, Lino Lakes, Maple Grove and others. The City Council welcomed Mr. Miller. Mr. Miller has met with all Council and Port Authority members and found much interest for progress in the future development of Rosemount. He thanked staff and members for the tours of Rosemount and the background information he was able to obtain. See Clerk's File 1992- 28. The SOAR update was given by Kevin Carroll regarding the airport relocation. The first phase of the environmental review process began in late March. It was felt that the Environmental Impact Statement (EIS) had deficiencies and that the Environmental Quality Board (EQB) was better equipped with professionals to do this adequacy study. A Public Hearing will be held on July 21, 1992 to receive comments on the First Phase by the EQB. The City's participation would be highly recommended. Jim Fitzpatrick of the City of Richfield is the contact person for this meeting. On July 24, 1992 there is a meeting of the "Airport Reuse Task Force". The minutes of their last meeting indicated five possibilities for the Minneapolis/St. Paul Airport Site varying from a landfill turned to ski resort, college'-vo-tech education, residential, and light aviation. See Clerk's File 1992-28. Klassen, with consensus of the Council, requested neighboring cities to be contacted in regard to the hearing on July 21 because of the importance it has to the area. Administrator Jilk reported on the Metropolitan Airport Commission Search Area meeting. A configuration of the size and shape of runways was used to find an appropriatelocation for the airport. Some areas were thereby released because they were not physically conducive to the building of an airport; i.e. wetlands and large structures like Koch Refining. The area left for most likely placing the airport was the southern and eastern part of the Search Area. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1992 Planning Director Freese attended a meeting of the Mortgage Bankers Association which discussed how to incorporate the new airport into the Metropolitan system. The airport could 1) stand alone with independent water and sewer system', 2) plan a corridor of development down to the airport, or 3) allow additional development to occur outside the MUSA area. This does affect the sewer planning for the Metro plant and the Empire Waste Treatmentplant. Also Mesabi Airline presented information that technology may extend the existing airport to remain longer. At the end of the meeting a show of hands indicated that keeping the airport in its present location would be best. Mayor McMenomy called for the Public Hearings at 8:00 p.m. The Public Hearing for Bituminous Roadways Mineral Extraction Permit was opened by Mayor McMenomy and the necessary affidavits were received as confirmed by the recording secretary. Director of Planning Freese noted this permit renewal was applied for by Otto Ped at 4992 145th Street East, which is east of Highway 52 on County Road 42. The Planning Commission did recommend approval with a $30,000 performance bond. See Clerk's File 1992 - 28. MOTION by Wippermann to close the public hearing. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Wippermann to approve the renewal of the Mineral Extraction Permit as requested by Bituminous Roadways, Inc. for property located at 4992 145th Street East subject to conditions set forth in the Mineral Extraction Permit and posting of the required performance bond in the amount of $30,000 for phase one. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. The continuation of the Public Hearing for Kady's liquor license extension was opened by Mayor McMenomy. Administrative Assistant Susan Walsh advised the public hearing on May 5, 1992 to consider Kady's liquor license amendment was continued since license holder Louie Walsh pled quilty to a criminal charge of theft by swindle. mr. Louie Walsh was sentenced for a gross misdemeanor on June 18, 1992. Administrative Assistant Walsh advised she was informed by staff from the St. Paul liquor license division that the City of St. Paul, where Mr. Walsh holds a liquor license, is pursuing possible suspension or revocation of his liquor license. City Attorney Mike Miles addressed the liquor license statute with regards to a license holder having good moral character and repute, and that the Council would have to determine whether or not Mr. Walsh's criminal charges would',have any bearing on his ability to hold a lice4nse in the City. 0 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1992 Discussion was held by',Council on whether or not granting the extension would have any impact on future capability of the Council to suspend or revoke Mr. Walsh's liquor license. City Attorney Miles indicated that a current decision to extend the scope of the liquor license would materially and adversely affect the Council's ability to undertake a suspension or revocation in the future. See Clerk's File 1992 - 28. MOTION by Willcox to close the public hearing. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Willcox to deny the request to amend the On -Sale and Special Sunday liquor license applications submitted by Louie's, Inc. to allow service of intoxicating liquor in the restaurant side of Kady's. Second by Klassen. Ayes: Willcox, Wippermann, Klassen. Nays: McMenomy, Staats. Motion carried. Mayor McMenomy called for an Executive Closed Session with unanimous consent by the Council',for the purpose of discussing pending litigation on the Sunrise Builders site acquisition. The Council, Attorney Miles, City Administrator Jil� and recording secretary retired to the Council Lounge at 8:25 p.m.. The agenda was resumed�lat 9:10 p.m.. City Attorney Miles commented on conflicts of interest for councilmembers quoting Minnesota State Statutes 471.87, 471.88 and 10A.07. He advised even if there is no direct financial gain, just the "appearance" of favor may be reason to withdraw. Mr. Miles procided handout material to the Council on this matter'. See Clerk's File 1992-28. MOTION by McMenomy to approve the Consent Agenda with a correction on page three paragraph 2'showing McMenomy bringing the motion on City Project 236. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. See Clerk's File 1992-28. Councilmember Staats stated he will abstain from voting and commenting on the vehicle towing and impound contract because of a possible conflict of interest. MOTION by McMenomy to take off the table the matter of receiving the bids and to award the contract to Magnum Towing Services for towing and impounding of vehicles. Second by Willcox. Ayes: McMenomy, Klassen, Willcox, Wippermann. Nays: 0. Motion carried. Police Chief Knutsen reviewed the criteria used in rating the bids for towing services and storage of towed vehicles. Discussion ensued regarding awarding contracts to business owners within the City, but that the bid system may need revising in order to specify local businesses in the future. Members of the Council felt the previously approved specifications should be honored and awarded to the lowest bidder. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1992 MOTION by Wippermann to receive the bids and to award the contract to Magnum Towing Services'',for towing and impounding of vehicles. Second by Klassen. Ayes: Klassen, Willcox, Wippermann. Nays: McMenomy. Motion carried. City Engineer Bud Osmundson and consulting engineer Brian Bourassa, OSM Engineering, presented information on a feasibility study for Shannon Hills 4th Addition Street and Utility Improvements, City Project 234. Staff recommends acceptance. The estimated cost is $241,700 which would be split over 30 lots and the project was estimated to be completed before fall. See Clerk's File 1992-28. MOTION by Willcox to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT FOR SHANNON HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMNETS, CITY PROJECT 234. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nayls: 0. MOTION by Willcox to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING FOR SHANNON HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 234 on July 21, 1992, at the regular city council meeting. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. City Engineer Osmundson and consulting engineer Dave Simons from SEH presented the feasibility report for Section 31 Trunk Sanitary Sewer, City Project 233. This project is in conjunction with the major Comprehensive Guide Plan Amendment now under consideration with Metropolitan Waste Control Commission. It would allow for additional development in Sections 31 and 32. A larger lift station would be added with larger capacity pipes at a cost of $426,000 not including land acquisitions. $83,000 could be recouped in assessments, the remaining cost would be from the'sanitary sewer fund. Completion would be in spring of 1993. MOTION by Willcox to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT FOR SECTION 31 TRUNK SANITARY SEWER FACILITIES, CITY PROJECT 233. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Willcox to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING FOR SECTION 31 TRUNK SANITARY SEWER FACILITIES, CITY PROJECT 233. Second by Klassen. Ayes: McMenomy, Staats, Klassen, willcox, Wippermann. Nays: 0. Parks and Recreation Director Dave Bechtold presented the plans and specifications for Jaycee Park Shelter by the firm Schwarz/Weber Architects. MOTION by Klassen to approve the park shelter specifications as drawn and presented by Schwarz/Weber Architects and to authorize the advertising ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1992 for bids for the construction of that shelter in Jaycee Park. Second Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Klassen to accept the quotes and to award the contract for the materials and installation of the ballfield fence in Jaycee Park to Century Fence Co. for an amount of $18,814. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Planning Director Freese reviewed background information on Cimarron Village Townhouses. The final plat was approved in October, 1990, however, City Engineer'Osmundson determined that a loop would not be necessary for the City's water system in this area. Since the developer has not recorded his final plat with Dakota County, the City Attorney has advised that a revised,final plat should be approved by the City. The Planning Commission also recommended approval. Mr. Conlin indicated he will agree with the City's recommendation. See Clerk's File 1992-28. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE CIMARRON VILLAGE TOWNHOUSES REVISED FINAL PLAT and to authorize execution of the revised development contract. ,Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Councilmember Klassen called for a meeting on growth management that would be a two hour meeting. MOTION by Klassen to set a Special City Council meeting on August 19, 1992 at 7:00 p.m. in the Council Chamber for the purpose of a Growth Management Forum. Second by McMenomy. Ayes: wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Administrative Assistant Susan Walsh requested Council approval to participate and receive the results of job evaluation study currently being conducted by Personnel Decisions, Inc. and Hay Management Group. Over sixty-five cities ',have agreed to participate in the funding of these studies to update comparable worth points originally set in 1985. See Clerk's File 1992-28. MOTION by McMenomy to approve the expenditure of an amount not to exceed $1,800 for the purpose'of participating in the job evaluation study being coordinated by the Metropolitan Area Management Association. Second by Willcox. Ayes: McMenomy, Staats, Klassen, willcox, Wippermann. Nays: 0. City Administrator Jilk presented a "Smoke Free Policy" for the City of Rosemount public buildings and vehicles. He asked Council to review it for input as well as the Fire Department, Parks and Recreation Department and the Armory Committee. Klassen noted that consideration for all vehicles to be non-smoking should be given. Council's approval will be requested at the August 19th meeting. See Clerk's File 1992-28. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1992 Councilmember Sheila Klassen had the honor of winning the Leprechaun Days Tractor Pull last year and presented the trophy to challenge any Council - member or staff to beat "The Mountain Crusher" tractor she will be driving this year. The contest is scheduled on Sunday, July 26th. The Association of Metropolitan Municipalities has invited all councilmembers and appropriate staff to a Pre -Legislation Breakfast on July 15, at 7:30 p.m. at the Country Kitchen in Burnsville. MOTION by Willcox to adjourn the meeting. Second by Staats. Ayes: 5. Nays: 0. The meeting was adjourned at 10:30 p.m.. Respectfully submitted, Linda Jentink, Recording Secretary ATTEST: Stephan Jilk, City Administrator C