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HomeMy WebLinkAbout9.a. Minutes of September 1, 1992 Regular Council MeetingROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1992 MOTION by Wippermann to schedule a Public Hearing on September 15, 1992 at 8:00 p.m., or as soon thereafter as possible, to hear testimony regarding a request to rezone property from Agriculture (AG) to Single Family Residential (R-1) to accommodate the O'Leary's Hills Sixth Addition. Second by Staats. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. MOTION by Wippermann to schedule a Public Hearing on September 15, 1992 at 8:00 p.m. or as soon thereafter as possible, for consideration of an amendment to the O'Leary's Hills Planned Unit Development to reflect a revised phasing plan for the O'Leary's Hills Subdivision. Second by Klassen. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: 0. Mayor McMenomy called 4 Closed Executive Session for consideration of litigation for the Hawkins Pond Appeals and legal services for City of Rosemount at 12:00 a.m4 Mayor McMenomy reconvened the regular City Council meeting at 1:15 a.m. MOTION by McMenomy to pay the twelve appellants who have given proof of appeal to the County. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays': 0. MOTION by Staats to turn all legal files over -to the new firm of Fluegel Moynihan and Miles, P.A. Attorneys at Law, 1303 South Frontage Road, Hastings, Minnesota 55033 under the same terms and conditions. Second by Klassen. Ayes: Staato, Klassen, Wippermann. Nays: McMenomy. MOTION by McMenomy to The meeting was adjou ATTEST: Stephan Jilk, City idjourn. Second by Wippermann. Ayes: 4. Nays: 0. zed at 1:20 a.m. istrator Respectfully submitted, 0 Linda Jentink, Recording Secretary i ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 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, September 1, 1992, at 7:30 p.m. at'Ithe Rosemount City Hall in the Council Chambers. Mayor McMenomy called ',the meeting to order with Councilmembers Klassen, Wippermann, Willcox and Staats present. Staff present were: Aker, Bechtold, Freese, Jilk, Knutsen, May, Osmundson, and Wasmund. Also in attendance were City Attorney Mike Miles and engineering consultant Ron Bray, P.E. from OSM. Mayor McMenomy led the group in the Pledge of Allegiance. Additions to the agenda included Item 3.c Follow Up on Budget Discussion, 4.p Receive Bids/Award Contract Shannon Hills 4th Addition, City Project 234, 5.g Speaker William Norris, 5.h Kady's Liquor License Extension, 5.i. Approve Armory Site Storm Drain Utility Improvements, City Project 238, 7.c Set Public Hearings: O'Leary's Hills 4th and 6th Additions Rezoning and PUD including discussion on 4.1. Item 4.k moved from Consent to discussion under Old Business. See Clerk's File 1992-37. The Airport Planning Process and S.O.A.R. update was delivered by Wendy Wustenberg. Ms. Wust6nberg commented that the siting will happen however, the impact on the surrounding communities is notbeing considered appropriately. The Draft Decision Document notes regional finance items such as capturing revenue from motel and restaurant taxes. There will be meetings September 12!in Rosemount and October 11 in Hastings which will discuss environment, water shed, public policy process, and public opinion. City Administrator Jiik mentioned that the Dual Track method has not addressed the effect on the community in terms of social effects, only in dollars and cents. This metropolitan airport could change the direction the community now is (heading, with a priority toward a central downtown area. The Draft Decision Document does not allow for resident opinion. Klassen visited the 110oise House" in Richfield which has been sound proofed against airport nois�'. Its cost is about $25,000 to redo an older home and is funded by Metropolitan Airport Commission. Noise in this house cannot travel from room to room and has an unnatural quietness. This would not be to every mothers liking, however it did not allow the noise from any of the frequent airplanes t' interfere with normal hearing either. The sound contours made by air lanes travel much further than the actual runway pattern. The present document does not address environmental issues very specifically. This Draft Document will be the formal guideline to the 1995 Legislators, it will be back to City Council for consideration on September 15, 1992. A citizens complaint�was formally received from Jane Myklya, 14999 Fischer Avenue, Rosemount. The initial complaint was regarding the storm water utility quarterly fee, however she noted that being a "boarder" road left her with slower safety and road maintenance services. She requested a follow up from staff showing all documents of any assessed taxes on her home since their purchase of it in 1987, any informational mail she did not receive, and a copy of the project files. The dispatcher of 911 emergency was unable to determine whether Rosemount police and/or Lire on with a 50 minute response' time. Myklya's letter by a phone call talked to her husband. Willcox efficiently and he askedlthem to ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1992 or not to send the call to Hastings or three different occasions resulting once Willcox noted that he had responded to Ms. the Saturday following receiving it and had believed staff could have responded more apologize. Mayor McMenomy indicated '',that the proposed budget for the City of Rosemount was to be decreased to a 10% increase over this year. Jilk has had staff review each department budget with 5, 10, 15, and 201c cuts to show what items this would affect.' Jilk will have an overall balanced budget at the special meeting on Wednesday, September 15, 1992, with salary and benefit information. Klassen noted that the proposed maximum levy amount may be lowered prior to its approval in December. MOTION by McMenomy to approve the Consent Agenda as amended. Second by Willcox. The minutes of August 11,1 1992 were amended to read "Route 77" on page one and Klassen requested the motion on page 4 of the August 18, 1992 minutes reflect that developers fees be investigated. Mayor McMenomy rescinded '',his first motion. Willcox so moved. MOTION by McMenomy to approve the Consent Agenda with corrections to the August it and August 18,111992 minutes to read "Route 77" on page one and the motion on page 4 of the August 18, 1992 minutes to read that developers fees be investigated and',to remove Items 4.1 and 4. k from consent for discussion. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays:! 0. MOTION by Willcox to setl,a public hearing for Kady's Bar extension of its liquor license to the restaurant portion of the establishment. This public hearing is set for October 6th, 1992, at 8:00 p.m. and he requested staff to set forth the proper notice. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox,l, Wippermann. Nays: 0. Susan Walsh, City Clerk from Mr. Louie Walsh. M Councilmember Willcox co noted that was appropria MOTION by Wippermann to scheduled for September Staats. Ayes: Staats, Planning Director Lisa F: their preliminary populai that they were too low. these numbers to provide Clerk's File 1992-37. oted that the City has not received any petition . Walsh commented he thought procedure was that ld initiate the public hearing. City Clerk Walsh e. nge the start time of the Special Budget Meeting 1992 from 6:30 p.m. to 7:30 p.m. Second by ssen, Willcox, Wippermann, McMenomy. Nays: 0. jeese contacted the Metropolitan Council regarding (ion, household, and employment forecasts noting Metropolitan Council has seen fit to increase (more utility service to the Rosemount area. See FA ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1992 Director Freese commented that the Association of Metropolitan Municipalities is doingllan opinion paper of the visioning of each community. Our amendment to the City's MUSA District with Metropolitan Council is continuing in the process with their review on October 8, 1992. City Administrator Jilkl,gave an update on the Armory/Community Center Project. The Armory Committee has reviewed all the information including the necessary financing; Various items from the bid were selected to be pulled for optional future inclusion, these items totaled $90,700. The Armory Committee did male a final recommendation on August 24, 1992 to the City Council to proceedlwith construction of all components of the Armory/Community Center! See Clerk's File 1992-37. Staats requested counsel from the City Attorney on the appropriateness of the Port Authority to finance part of the Community Center project. Attorney Miles commented that it is quite common for municipalities to lease back facilities such as city halls, fire stations, water towers or community centers through a port authority or community development commission of that city The Port Authority would issue debt of $180,000 for the arena and $80,000 for the banquet/auditorium addition. Willcox requested a special informational meeting for public comment on the Armory/Community Center,. Wippermann agreed and would encourage the public to attend. The consensus was to have the meeting on September 14, Monday, at 7:30 p.m. Reporter Lara Ginsburg of the Town Pages agreed to include this information in a article to be printed on Friday, September 4, 1992. The arena ice time commitment in the form of letters of commitment have been reviewed by City Attorney Miles. He sees them as a very strong and positive commitment, however in the form of a pledge, not a contract. Council requested theselletters of commitment "in hand" before the City would issue debt or bonds. Ron Pederson, of Rosemount Area Hockey Association, says his group plans to raise $100,000 for the arena currently and is looking to raise an additional $100,000 in ledges from members and community businesses. There is a large demandifor ice time and he feels the longer the ice season is then more money could be generated. MOTION by Willcox to direct staff and city consultants to prepare financial and contractual documen s on the Armory/Community Center Project for consideration by the Po t Authority and City Council on September 15, 1992. Second by Staats. Ayes F Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Mayor McMenomy called for a ten minute break at 9:45 p.m. Councilmember Willcox left the meeting at this time. City Administrator Jilk,reported that the Fire Station Citizen Committee and the Fire Apparatus has reviewed cost estimates, site plans and equipment specifica�ommittee ions to establish design and cost estimates for the 3 referendum in November. City Council that the E that question include t new station, the remode new aerial truck; 2) th of the two apartment cc and the east to get the the station is located fact that there are so fencing, landscaping, h final site; and 3) tha stations in similar loc or vehicular movements. September 15, 1992 Cour. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1992 Their recommendation is 1) to recommend to the allot for the referendum include one question and he cost for the complete package of the cost of the ling of the current station and the purchase of the at the committee conduct a survey of the residents mplexes immediately adjoining the site to the west it input on how to improve upon the chosen sight if there. The Committee voiced some concern about the many children in the immediate area and the use of erming may be suggested to provide a more suitable t the architect research other cities to see if fire ations have experienced any problems with pedestrian Council is requested to consider this at the cil meeting. Planning Director Frees e explained the request from developer Jim Allen of Hampton'Development Corporation to initiate a "request for condemnation" on a strip of -property already subject to a city stormwater easement for the Shannon Pond Planned Unit Development. MOTION by Klassen to deny developer Jim Allen of Hampton Development Corporation his request to consider city condemnation for public streets in the Shannon Pond Development. Second by McMenomy. No roll call taken. Discussion ensued. The developer agreed to continue nego-Liations with Broback Development and requested this item back on the agenda on September 15, 1992. The PUD public hearing will also be postponed. Klassen withdrew the motion. McMenomy Withdrew the second. City Engineer Bud Osmundson presented two alternatives, which were investigated by the consulting firm of OSM Engineering, for upgrades of Highway 3 which was requested by the Minnesota Department of Transportation (MnDot) due to the future traffic generation at the Armory/Community Center. MnDot would contribute over half the dollars toward Alternate A leaving $119,000 to be�financed. These improvements would follow Highway 3 from 142nd Street, the,high school access, to Connemara Trail. Mayor McMenomy said hewould like to see road improvements from 160th Street through 142nd Street as well. Klassen added that the downtown gateway should ideally include streetscapes, decorative lighting and landscaping. City Engineer Osmundson noted that curb and gutter would be required with that scenario which would be cost prohibitive. MOTION by Klassen to direct staff on feasibility of extending Highway 3 improvements with MnDo beyond Armory needs. No second to the motion was given. Todd Franz of Metro Saes asked if Highway 3 would be closed due to these road improvements. City Engineer Osmundson said no, traffic would continue through, with lane changes from east side to west side as the project 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1992 continues. There shoul''d not be any assessments due directly from residents for this project. MOTION by Klassen to adopt A RESOLUTION REQUESTING A COOPERATIVE AGREEMENT PROJECT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS OF STATE TRUNK HIGHWAY 3 IACCORDANCE WITH THE ARMORY/COMMUNITCENTER PROJECT, CITY PROJECT 239 Y . Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays:, 0. MOTION by Wippermann to reset the Special City Council Meeting on the Comprehensive Guide Plan Update from September 2, 1992 to October 5, 1992 at 6:30 p.m. Second by; Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. ' Planning Director Freese explained that the MUSA Boundary Amendment if not approved may have to be' changed. The Transportation Study Implementation Plan is under process With the Houisington Group. The needs for the publication of the Comprehensive Guide Plan were explained. MOTION to approve expenditures of an amount not to exceed $4,200 from Account No. 101-41910-0'1-319, other professional services, for the purpose of preparing the finallGuide Plan documents. Second by Klassen. Ayes: Klassen, Wippermann. Nays: McMenomy, Staats. Motion failed. MOTION by Mayor McMenomy to approve expenditures of an amount not to exceed $2,700 from Account No.' 101-41910-01-319, other professional services, for the purpose of preparing the final Guide Plan documents. Second by Staats. Ayes: Klassen, Wippermalnn, McMenomy. Nays: Staats. Motion carried. See Clerk's File 1992-37. MOTION by Klassen to approve the hiring of Lacelle Cordes upon passing a pre-employment physicals to the position of Assistant Program Director on September 2, 1992 to a,permanent part-time position replacing Pat Sellner at the rate of pay and ',work schedule as presented. Second by Wippermann. Ayes: Wippermann, McM$nomy, Klassen. Nays: Staats. Motion carried. Councilmember Klassen invited William Norris to speak to the Port Authority and City Council on October 6, 1992 at 4:30 p.m. prior to the Port Authority regular meeting regarding specific businesses for Rosemount. MOTION by McMenomy to adopt A RESOLUTION FOR APPROVAL OF ARMORY SITE STORM DRAIN UTILITY IMPROVEMENTS, CITY PROJECT 238. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by McMenomy to schedule a Public Hearing on September 15, 1992 at 8:00 p.m., or as soon thereafter as possible, to hear testimony regarding a request to rezone proprty from AG Agriculture -to R-1 Single Family Residential to accommodate the O'Leary's Hills fifth Addition. Second by Staats. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. 5