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HomeMy WebLinkAbout4.a. Minutes of January 7, 1992 Regular Council MeetingROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 71 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, January 7, 1992, at 7:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats and Klassen present. Mayor McMenomy led the group in the Pledge of Allegiance.. Father Roach of St. Joseph Catholic Church offered the Invocation. Mayor McMenomy, who was sworn in this evening along with Councilmembers Wippermann and Staats, thanked the audience for attending the first meeting of the year. The agenda was amended to include Item 5(p) Payment No. 3, Country Hills 4th Addition, Item 9, City Hall Hours of Operation and Item 10(a) Legislative Position Papers. County Commissioner Steven Loeding congratulated the newly elected members of the Council and advised he looked forward to working with the City Council on several issues. Commissioner Loeding also provided an update on the election of officers for the Dakota County Board of Commissioners. Mayor McMenomy presented for discussion and approval the Consent Agenda. See Clerk's File 1992-1. Discussion was held by Council with regards to the minutes of the December 17, 1991 regular council meeting concerning discussion and action on the Sunrise Builders property. Council reached a consensus the motion as drafted was correct, but the minutes should reflect that Council agreed a reciprocal termination clause should be included in the lease agreement and that the City would pay the property taxes for 1993 and beyond. Councilmember Klassen addressed Item 5(e) Naming Depositories and Financial Institutions with regards to the Community Reinvestment Act. City Attorney Mike Miles advised that even though lending institutions are not required to lend funds back to a community, the City should take the opportunity to determine if banks can do so under their charters when making significant deposits. Councilmember Klassen advised she is in support of designating the "Farmington Independent" as the City's official newspaper but raised concerns regarding problems city staff has had with the management of the Farmington Independent" and the "Rosemount Town Pages". Councilmember Klassen felt these problems should be addressed before the City would enter into another contract. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 71 1992 MOTION by Wippermann to approve the Consent Agenda with the changes to the December 17, 1991 Regular Council Meeting Minutes and with the addition of Item 5(p) Payment #3, Country Hills 4th Addition. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. City Administrator Stephan Jilk advised Council that Mike McDonough, owner of Sunrise Builders, has informed the city attorney that a 90 -day reciprocal lease cancellation time period was acceptable to him. Administrator Jilk presented the revised lease agreement and noted the lease agreement reflects the city would pay the taxes owed on the property in 1993 and beyond. See Clerk's File 1992-1. Mayor McMenomy questioned the need for the City to own this property and expressed his concerns about the purchase price of the property and the monthly rental payment of $750. Mayor McMenomy stated he felt the City needs to look at other priorities at this time that are more suited for the short term rather than the long term and look at other areas of the city for the purpose of acquiring land. MOTION by McMenomy that further consideration by Council should be given for the purchase of the Sunrise Builders before taking final action to complete this transaction and that final consideration be done at the January 21, 1992 regular council meeting. SECOND by Staats. Considerable discussion was held by Council. City Attorney Mike Miles advised the City has the authority to take an additional look at this matter at this point in time. Poll of Council: Ayes: McMenomy, Staats, Klassen. Nays: Wippermann, Willcox. Mayor McMenomy opened the public hearing to consider a rezoning petition from Minnesota Industrial Containment Facility. Mayor McMenomy advised the public hearing is a continuation of a hearing held on December 3, 1991. Director of Planning Lisa Freese advised the City Council approved the Comprehensive Guide Plan Amendment submitted by USPCI redesignating the land use of 156 acres located in the Pine Bend Industrial area from General Industrial to Waste Management. The rezoning petition submitted by USPCI requested the rezoning of the southeastern 80 acres of the 236 -acre site from Agricultural to Waste Management. Director of Planning Freese advised the Planning Commission recommended approval of the rezoning petition at its November 19, 1991 regular meeting. See Clerk's File 1992-1. Representatives for USPCI provided background information on the project and reasons why Council should consider approving the rezoning petition at this time. Dan Aberg, Executive Director of the Northern Dakota County Chambers of Commerce, presented a letter and resolution adopted by the E I Rosemount Chamber of Commerce dated project. See Clerk's File 1992-1. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 71 1992 August 15, 1989 supporting the USPCI MOTION by McMenomy to close the public hearing. SECOND by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Councilmember Willcox opposed rezoning the 80 acres. Councilmember Willcox felt the project should be proven to be economically feasible and environmentally safe before rezoning the 80 acres. Councilmember Willcox also listed several other reasons why the petition should -be denied and felt not zoning the 80 acres would provide the City with greater control over the project as opposed to a permit issued by the City. Staff noted the Interim Use Permit, if approved by Council, would be issued for five years, and it would be prudent for USPCI to successfully prove themselves in the operation of the initial cells. Staff further advised if the rezoning of the 80 acres were not approved, the berm around the project and storm water run-off would have to be addressed because work required on these would partially take place on property not now properly zoned. MOTION by McMenomy to adopt ORDINANCE NO. B-16, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Wippermann. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: Willcox. Public Works Director Ron Wasmund presented for Council consideration and approval a six month contract between the City and Michael Fricke for building inspector services. Mr. Fricke was introduced to the Council. See Clerk's File 1992-1. MOTION by Wippermann to renew the Building Inspector Contract. SECOND by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Public Works Director Ron Wasmund presented an overview of the proposed storm water utility and noted a public hearing to consider this utility is scheduled for January 21, 1992, at 8:00 p.m. Wasmund advised rates to operate the storm water utility, if approved, would be billed quarterly and the proposed rates are projected to serve the needs of the city for a five year period. Public Works Director Wasmund referred to a list of several questions raised by residents at public meetings and by members of the Council, and staff's answers to these questions. Wasmund also addressed questions from the Council with regards to maintenance costs of rural areas in relation to the proposed storm water utility rates for these areas. See Clerk's File 1992-1. MOTION by McMenomy to support the previous action of Council to hold a public hearing on January 21, 1992, at 8:00 p.m. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. By unanimous consent of the Council, a ten minute recess was called at 9:20 p.m. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 71 1992 Councilmember Willcox requested that Council consider allowing business people who are nonresidents to serve on the Port Authority Board and that appointments to this board be delayed until the legal requirements are met to provide this opportunity. City Attorney Mike Miles advised there is no statutory authority that prohibits nonresidents to serve on this board, but advised the resolution establishing the Port Authority and the city policy for appointments would have to be amended to include nonresidents. John Loch, a nonresident business owner who applied for the Port Authority, informed Council he did not want this issue to delay appointments to the Port Authority and suggested that Council reconsider this issue prior to next year's appointment process. The Council concurred this items should be addressed by Council again within ninety days. See Clerk's File 1992- 1. Director of Planning Lisa Freese recommended that Council set a public hearing to consider the Interim Use Permit for Minnesota Industrial Containment Facility for February 4, 1992, at 8:00 p.m. Director of Planning Freese noted that USPCI representatives and city staff agreed to delay the hearing from January 21, 1992 to February 4, 1992 since additional time is needed to discuss the issues of the Interim Use Permit. See Clerk's File 1992-1. MOTION by McMenomy to set a public hearing at 8:00 p.m., February 4, 1992, to consider the Interim Use Permit for Minnesota Industrial Containment Facility. SECOND by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Parks & Recreation Director David Bechtold requested Council approval to extend the grant received from the Department of Trade and Economic Development for the funding of Jaycee Park from December 31, 1991 to December 31, 1992. See Clerk's File 1992-1. MOTION by Wippermann to approve the request for an extension of the Jaycee Park Grant and to authorize the necessary signatures. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Discussion was held on an application received from Minnegasco for a franchise for the operation of a gas utility in the City of Rosemount. Administrator Stephan Jilk noted that Minnegasco has operated for several years in two small service areas in the City and want to formalize this operation and receive a franchise authorizing them to do so. Roger Lee from Peoples Natural requested that Council deny the franchise application and cited several reasons why multiple gas utility companies were not advantageous to the City. Mr. Lee referred to a formal letter of opposition on behalf of Peoples Natural Gas. See Clerk's File 1992-1. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 71 1992 MOTION by McMenomy to defer action on the Minnegasco franchise request to the January 21, 1992 Regular Council Meeting. SECOND by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Mayor McMenomy requested that Council address the possibility of changing the hours of operation of City Hall and that staff research and present any impacts on staff if thehours were changed. City Administrator Jilk provided to Council legislative position papers developed by the Dakota County Administrators group and asked the Council to provide their input on these issues. MOTION by McMenomy to adjourn. SECOND by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Respectfullysubmitted, ATTEST: Susan M. Walsh, City Clerk Stephan Jilk, City Administrator 5