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HomeMy WebLinkAbout4.b. Minutes of September 17, 1991 Regular Council MeetingROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 1991 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on September 17, 1991, at 7:30 p.m., in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to add Item 5(b) Water Tower Update. Carl Mulhaver of Koch Refining Company informed the City Council of Koch's new 150,000 square foot Administrative Facilities Expansion Project. Mr. Mulhaver advised the $17.6 million project will improve the work place environment for Koch's employees and will facilitate additional employees over the next five years. See Clerk's File 1991-31. Independent School District 196 Superintendent Dr. R. J. Rehwaldt presented information on the school district's Special Election to be held on November 5, 1991. Rosemount residents within School District 196 will be voting on an excess levy question and a bond referendum question. See Clerk's 1991- 31. Police Chief Lyle Knutsen advised he will be attending a special meeting of the Dakota County Board of Commissioners at which time the Board of Commissioners will recognize the County has been awarded approximately $1.25 million over the next five years to prevent chemical dependency among county citizens. See Clerk's File 1991-31. Councilmember Willcox requested Consent Agenda Item 4(h) Approve Administrative Fee Transfers - Pine Bend Trail, Project 199, and Item 4(i) Approve Expenditure for Fire Department Personal Computer be moved Old Business for discussion. MOTION by Napper to approve the Consent Agenda with the removal of Items 4(h) and 4(i). SECOND by Klassen. Ayes: Willcox, Wippermann, I Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991-31. Director of Planning Lisa Freese advised the City Council an acceptable agreement on financial arrangements has been reached with Koch officials and city staff members with regards to the Koch Refining proposed spent bauxite facility. Freese noted the City Council had tabled action at the July 16, 1991 public hearing to allow city staff to meet with Koch officials to discuss the Interim Use Permit requirements, reimbursement of staff costs for permit review and the annual permit/host community fees. Council discussed the request from Koch Refining to consider using any excess funds from annual fees, over and above administrative costs, to fund programs for the Rosemount school district. Council felt this issue should be addressed in greater detail when the interim use agreement is reviewed. Councilmember Klassen expressed concerns the text amendment would allow Koch Refining to dispose of the spent bauxite in an area not being considered as a waste management district and, therefore, would encourage similar facilities to dispose of waste materials on site. See Clerk's File 1991-31. MOTION by Napper to adopt Ordinance No. B-12, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Willcox. Nays: Klassen. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 1991 MOTION by Napper to approve the financial agreement with Koch Refining providing for reimbursement of staff costs and an annual permit fee. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Mayor Napper requested an update on the status of the water tower located on Connemara Trail. Public Works Director Ron Wasmund advised the City had entered a right -of -entry agreement with the Kelly Trust representatives. This allowed the City to construct and operate the water tower until an amiable agreement is reached between the City and the Kelly Trust for purchase of the property. Staff members Ron Wasmund and Jeff May addressed Councilmember Willcox' questions regarding the transfer of funds for temporary funding costs and administrative costs for Pine Bend Trail Improvements Project #199. See Clerk's File 1991-31. MOTION by Willcox to approve the transfers from Fund 413 to Fund 101 for the temporary funding costs and the administrative costs associated with Project #199, Pine Bend Trail Improvements. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Fire Chief Aker advised the MacIntosh computer system the fire department has requested to purchase can have an emulated computer board to make it IBM compatible. MOTION by Willcox to authorize the fire department to spend $2,483.90 to purchase a Macintosh computer system with printer directly from Apple Computers. SECOND by Oxborough. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991-31. Director of Planning Lisa Freese presented information on the appeal received from Paul Walsh, who wanted to locate his business, Pro -Tune, at 14785 South Robert Trail. The Planning Commission at its September 10, 1991 Regular Meeting determined that Pro -Tune is not a continuation of an existing non- conforming use and that it did not meet the intent of Section 13 of the Zoning Ordinance on non -conforming uses. In answer to questions from Council, Paul Walsh advised his business is retail oriented and would not be open for repairs after 5:00 p.m. Mr. Walsh further stated there would be no outside storage except for a few trailers. City Attorney Eric Short advised Council he felt the business would be a legal non -conforming use if it expanded into motorcycle and snowblower sales; but the business would be prohibited from expanding the building to accommodate additional paint booths. Councilmember Klassen wanted to know whether or not Council's overturning the appeal would set a precedent regarding other non -conforming uses. City Attorney Eric Short advised that each non -conforming use is considered on its own merits. See Clerk's File 1991-31. MOTION by Willcox to overturn the Planning Commission's interpretation of the Non -Conforming Use Provisions of the Zoning Ordinance and determined that Paul Walsh dba Pro -Tune is a continuation of an existing legal non -conforming 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 1991 use in compliance with Section 13 of the Zoning Ordinance. SECOND by Oxborough. Ayes; Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Economic Development Specialist Tracie Pechonick reviewed a summary of the 1991 Rosemount Recycling Program and expected changes in 1992 and the 1992 Landfill Abatement Funding Application. City staff were directed to research methods of thanking residents for their recycling efforts. See Clerk's File 1991-31. MOTION by Napper to adopt A RESOLUTION AUTHORIZING APPLICATION TO DAKOTA COUNTY FOR FUNDING THE CITY OF ROSEMOUNT 1992 LANDFILL ABATEMENT PROGRAM. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to adjourn. ATTEST: SECOND by Napper. Ayes: 5. Nays: 0. Stephan Jilk, City Administrator 3 Respectfully submitted, Susan M. Walsh, City Clerk