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HomeMy WebLinkAbout4.b. Minutes of December 3, 1991 Regular MeetingROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 1991 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, December 3, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Willcox, Wippermann, Oxborough and Klassen present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Item 5(d) Comprehensive Guide Plan on Waste Management; Item 11(a) Utility Billing Late Charge and Item 11(b) County Road 38 Name Change. Item 4(e) was removed from the agenda. Lieutenant Dwayne Kuhns informed Council of the recently formed Safety Committee. The Council was informed of the employees serving on the committee and the goals this committee established. Lieutenant Kuhns, as safety coordinator, requested Council's consideration to approved the City Wide Safety Policy listed for approval under the consent agenda.,, See Clerk's File 1991-40. Councilmember Klassen requested the draft minutes of the November 19, 1991 regular council meeting be changed to correct a polling error in the first and second motion on page 3 with regards to side yard setback requirements and to include the following sentence in paragraph 6 on page 3: "City Administrator Jilk advised the area is owned by the City Economic Development Authority and should not be used for public purposes. Council concurred the Economic Development Authority should review the matter." MOTION by Wippermann to approve the consent agenda subject to the corrections to the November 19, 1991 minutes and the removal of Item 4(e) from the agenda. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991-40. As directed by Council at a previous meeting, City Administrator Stephan Jilk reviewed his recommendations for funding sources and agreements to purchase the Sunrise Builders property located on South Robert Trail. Administrator Jilk provided background information on the property, the City's interest in future park development, available funding and the City's potential cost to purchase the property. Jilk recommended: this proposal be presented to the Parks & Recreation Committee and Economic Development Authority for discussion if Council elects to proceed with the purchase. Councilmember Klassen felt the property may be available in the future at a lower price. See Clerk's File 1991-40. MOTION by Oxborough to direct staff to finalize funding sources and contract agreements for the purchase of the Sunrise Builders property. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Willcox. Nays: Klassen. City Administrator Stephan Jilk presented an update on the status of the Armory project and advised the United States Congress has approved the funding and the authorizing bill is awaiting the President's signature. Administrator Jilk requestedCouncil approval of an architectural contract ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 1991 with Arthur Dickey Architects, Inc. for this project. See Clerk's File 1991-40. Mayor Napper suspended the regular agenda discussion to allow for the public hearings scheduled at this time. Mayor Napper opened the public hearing to consider Rachels Wood Preliminary Plat. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991-40. Director of Planning Lisa Freese reviewed the proposed plat which would cause a two lot subdivision of approximately 11 acres located on the west side of Dodd Boulevard and just south of 120th Street West. The Planning Commission recommended approval of the preliminary plat subject to revision of the public right-of-way dedication for Dodd Boulevard. See Clerk's File 1991-40. There were no questions or comments given by the audience. MOTION by Napper to close the public hearing. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Wippermann to,adopt A RESOLUTIONAPPROVING RACHELS WOOD PRELIMINARY PLAT. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Mayor Napper opened the public hearing to consider a rezoning of property from AG Agriculture to WM Waste Management for the proposed Minnesota Industrial Containment Facility. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991-40. City Administrator Jilk addressed a letter received from Ken Jackson, Senior Vice President of USPCI, in which he requested the public hearing and action by Council be continued to a later date. Director of Planning Lisa Freese advised the petition requested the rezoning of 80 acres of the 236 acre site from Agriculture to Waste Management. Freese noted the other 156 acres were rezoned to Waste Management at the time the new Zoning Ordinance was adopted in 1989. The Planning Commission recommended approval of the rezoning and will consider the provisions of the Interim Use Permit at its December 10, 1991 meeting. Carey Perket, for USPCI, reiterated Mr. Jackson's request to continue the public hearing advising the company needs to further review permitting requirements by Dakota County, Minnesota Pollution Control Agency and the City. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 1991 MOTION to recess the public hearing to January 7, 1992. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. MOTION by Napper to postpone action until completion of the public hearing. SECOND by Oxborough. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Mayor Napper opened the public hearing property located at 14805 South Robert to C-3 Highway Service Commercial. to consider a request to rezone Trail from C-2 Community Commercial Director of Planning Lisa Freese advised petitioner Dave McKinley, owner of Master Transmission, requested a rezoning to allow him to expand his auto service related business by adding a two bay service area in a separate building on the site. Director Freese reported on the Planning Commission unanimously recommending the petition for C-3 zoning be denied. The Planning commission further recommended that the City Council not consider any rezonings in this area until after the downtown development plan is complete; however, if a decision to rezone is made by the City Council, that C-4 General Commercial be considered as a more appropriate zoning district. See Clerk's File 1991-40. Dave McKinley stated he has been trying to reach an agreement with the City on his expansion project for approximately two years, and that he should have been advised when the new Zoning Ordinance was adopted in 1989. MOTION by Napper to close the public hearing. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Oxborough. Nays: 0. Council was of the consensus that C-4 zoning would be the appropriate zoning for the Master Transmission property and that the Economic Development Authority should exam the feasibility of assisting Mr. McKinley with public improvements required to meet the building and zoning code requirements for his proposal. Mr. McKinley advised he would be willing to meet with city staff. MOTION by Klassen to postpone action on C-3 rezoning petition and to initiate a zoning change to C-4 by the Planning Commission. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to request the Economic Development Authority to work with Mr. Mckinley with regards to possible economic development assistance. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Council continued discussion on the Armory Project. Public Works Director Ron Wasmund summarized the utilities options available for the Armory Project and preliminary costs. Wasmund advised cost participation will be shared through property assessments, armory project funds, core funds and storm water utility funds. Wasmund answered questions from the Council and advised funding options and costs analysis will be provided to Council at a future date. See Clerk's File 1991-40. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 1991 Public Works Director Ron Wasmund reviewed his report to Council dated November 26, 1991 with regards to storm water utility charges and recommended that Council set a public hearing for December 17, 1991. A general consensus was reached by Council that the newly -elected officials be involved in the storm water utility public hearing. See Clerk's File 1991-40. MOTION by Napper to set a public hearing to consider the storm water utility for January 21, 1992, at 8:00 p.m. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Director of Planning Lisa Freese requested Council approval to extend the Metropolitan Council ten-day review period on the City's Comprehensive Guide Plan Amendment No. 20, Clarification of Waste Management and Public and Institutional Uses. Because the Minnesota Pollution Control Agency denied the Dakota County Waste to Energy Facility Permit, Planning Director Freese advised this extension would provide adequate time for the City to become apprised of Dakota County's future course of action regarding the incinerator. See Clerk's File 1991-40. MOTION by Napper to make a request to the Metropolitan Council for an extension to December 27, 1991 on Comprehensive Guide Plan Amendment No. 20. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Item 9(a) Set Public Hearing, Minnesota Industrial Containment Facility Interim Use Permit, was removed from the Agenda since Item 7, Minnesota Industrial Containment Facility Rezoning Public Hearing, was continued. City Administrator Stephan Jilk reviewed the proposed legal services contract with Hertogs, Fluegel, Sieben, Polk, Jones & LaVerdiere for the years 1992 and 1993. Administrator Jilk pointed out some necessary changes to the draft contract. Jilk recommended tabling action on the contract until the Economic Development Authority has review it .since their meeting was cancelled this evening. The Administrator was requested to include language in the contract that the city attorney must attend all City Council and Economic Development Authority meetings. Administrator Jilk advised he would have the contract on the December 17, 1991 Council agenda for further consideration. See Clerk's File 1991-40. City Administrator Stephan Jilk presented his recommendation for a four percent adjustment to non-union employees base salaries on January 1, 1992. Administrator Jilk advised there were no benefits changes for non-union employees and the 1992 benefits and salaries for public works employees and police officers have already been determined through contracts approved in 1990. See Clerk's File 1991-40. MOTION by Napper to adopt A RESOLUTION OUTLINING NON-UNION EMPLOYEES SALARY AND BENEFITS FOR 1992. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3 , 1991 City Administrator Jilk updated Council on the action taken by the Utilities Commission to allow crediting late charges for approximately 130 utility customers and to direct staff to provide language to change the late charge penalty policy. The revised policy will provide customers an additional day or two days for payment if the due date falls on a weekend day. Administrator Jilk advised Council will be requested to consider approval of the revised policy at a future meeting. City Administrator Jilk provided an update on the request from Dakota County for the City to consider changing the name of County Road 38 through Apple Valley into Rosemount to Valley Wood Drive. The Cities of Burnsville, Apple Valley and Rosemount met and recommended to the County Board that County Road 38 should remain the name and each city would have the right to second sign. For example, in Rosemount, County Road 38 could also be signed 125th Street. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. Respectfully submitted, - Susan M. Walsh, City Clerk ATTEST: Stephan Jilk, City Administrator 5