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.
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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.
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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.
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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
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