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Home My WebLink About4.a. Minutes of October 1, 1991 Regular Council MeetingROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 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, October 1, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Willcox, Oxborough and Klassen present. Councilmember Wippermann was absent. Mayor Napper led the group in the Pledge of Allegiance. The following items were added to the agenda: Item 5(b) Airport Update, Item 9(b) Set Special Council Meeting to Discuss Litigation on Pending Assessments; and Item 9(c) Downtown Development Plan Workshop. Police Chief Lyle Knutsen reported to the Council on the evaluation reports on the Rosemount/Koch Emergency Training exercise held on July 13, 1991 at Koch Refining. The report from the State of Minnesota Emergency Response Commission rated the overall exercise as outstanding. Council commended Police Chief Knutsen and city staff on their involvement in the training exercise. See Clerk's File 1991-33. Consent Agenda Item 4(q) Set Public Hearing for Master Transmission Rezoning Petition for discussion under Old Business, Item 5(c). MOTION by Napper to approve the Consent Agenda with the removal of Item 4(q). SECOND by Willcox. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991-33. Consultant Jeff Schoenbauer of Brauer & Associates, Ltd. reviewed for Council the proposed Master Plan for Carrolls Woods. Mayor Napper suspended the regular agenda to allow the Council to conduct public hearings scheduled at this time. Mayor Napper opened the public hearing to consider the Solberg Construction Co., Inc. petition for an amendment.to Ordinance B - City of Rosemount Zoning Ordinance, causing a rezoning from AG Agriculture to IG General Industrial. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991-33. Director of Planning Lisa Freese addressed the Solberg proposal to relocate their business to a 10 acre parcel located at the northeast corner of Highway 52 and County Road 42. Solberg Aggregate intends to build an office/repair shop building and equipment storage yard on the site and has submitted a petition requesting to rezone the property from Agricultural to General Industrial. Director of Planning Freese advised the Metropolitan Council reviewed and approved the City's Minor Comprehensive Guide Plan Amendment pertaining to the Solberg proposal, and the Planning Commission recommended approval of the rezoning at its September 24, 1991 regular meeting. Marlin Rechtzigel, 14727 Clayton Avenue East, requested information on location of buildings on the site, landscaping and parking. Planning ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 1991 Director Freeze advised she would furnish Mr. Rechtzigel with this information when the site plan is received from Solberg Aggregate. Mr. Rechtzigel advised he would furnish the City with a list of his concerns. MOTION by Willcox to close the public hearing. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Willcox to adopt Ordinance No. B-14, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. Mayor Napper opened the public hearing to consider an amendment to Ordinance B - City of Rosemount Zoning Ordinance affecting Section 9, Special Overlay Regulations. The City Clerk presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1991-33. Director of Planning Lisa Freese advised the Mississippi River corridor Critical Area Overlay District is designed to be a part of Ordinance B, as Section 9.3, Special Overlay Regulations. This section was inadvertently omitted when the Zoning Ordinance was revised in 1989. Planning Assistant Cindy Carlson reviewed the contents of Section 9.3. See Clerk's File 1991- 33. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. MOTION by Willcox to adopt Ordinance No. B-15, AN ORDINANCE AMENDING SECTION 9.3 OF ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Klassen. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Regular agenda discussion continued at this time. Consultant Jeff Schoenbauer answered questions from Council regarding the proposed Master Plan for Carrolls Woods. Council concurred they needed additional time to review the draft master plan. See Clerk's File 1991-33. Councilmember Klassen reported on the Metropolitan Council Meeting held on September 20, 1991 when the New Airport Search Area Advisory Task Force formally recommended to the Metropolitan Council the Dakota County Search Area as its recommended site for a new airport. Councilmember Klassen highlighted the issues discussed at the meeting which included the advisory task force members' recognition of the strong public sentiment for keeping the airport at its present site and opposition to the dual -track process. Councilmember Klassen advised a great deal of discussion centered on the land -banking issue and local governments' concerns of losing their authority on development regulations. Klassen reported that from this discussion the land -banking issue evolved into redefining "land -banking as a "site protection" issue. Discussion was held by Council with regards to setting a public hearing to consider a rezoning petition from Dave McKinley, owner of Master ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 11 1991 Transmission, 14805 South Robert Trail. Councilmember Klassen felt a continuing pattern of requests for allowing auto service related businesses in this area of the downtown was evolving. Councilmember Klassen recommended postponing the public hearing until it could be determined why the City Council, when revising the City Zoning Ordinance in 1989, agreed to prohibit auto service businesses in a C-2 zoning district. Following discussion, Council agreed to have staff review the tape recordings of the Council meetings when this section of the Zoning Ordinance was discussed and report their findings to Council and the Planning Commission. See Clerk's File 1991-33. MOTION by Napper to set a public hearing for the Master Transmission Rezoning Petition for November 19, 1991, at 8:00 p.m. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Director of Planning Lisa Freese presented the Planning Commission's recommendation for approval to combine two adjoining lots owned by Raymond and Shelley Gifford. Freese advised the Giffords, who live at 12334 -South Robert Trail, have their home situated on Lot 3 in Happy Ours Subdivision; and combining Lots 2 and 3 would allow them to add a deck to their home without seeking a setback variance. Director of Planning Freese recommended that an Indenture be executed and recorded to insure that the lots are not administratively split in the future. See Clerk's File 1991- 33. MOTION by Oxborough to adopt A RESOLUTION APPROVING A LOT COMBINATION and approving the Indenture to be executed by Raymond and Shelley Gifford and the Mayor and City Administrator. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. City Clerk Susan Walsh requested Council consideration to allow part-time employees, who had to start paying Social Security taxes on July 1, 1991, enroll in the City's deferred compensation plan in lieu of paying Social Security taxes. City Clerk Walsh advised that prior to July 1, 1991 part- time employees, who were not eligible to belong to the Public Employees Retirement Association, were exempt from paying Social Security taxes. Walsh stated a determination has been made that if this group of part-time employees contribute to a deferred compensation plan, they are still exempt from paying Social Security taxes. Walsh reviewed those groups of employees who would be required to enroll in the City's deferred compensation plan and the effective dates. City Clerk Walsh also referred to her memorandum to Council dated September 26, 1991 which summarized the proposed procedure, the advantages and background information on Internal Revenue regulations and deferred compensation plans. See Clerk's File 1991-33. MOTION by Napper to adopt A RESOLUTION AUTHORIZING EXPANSION OF THE UNITED STATES CONFERENCE OF MAYORS (USCM) DEFERRED COMPENSATION PROGRAM TO INCLUDE ALL CITY OF ROSEMOUNT EMPLOYEES. SECOND by Klassen. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 1991 Director of Planning Lisa Freese recommended that a public hearing be set for October 15, 1991 for a Minor Guide Plan Text Amendment of the Waste Management and Public Land Use Elements. Director of Planning Freese advised the County wants to proceed with the land use review process for the proposed Dakota County Resource Recovery Facility (RFP). Freese recommended the Zoning Ordinance be amended to permit publicly owned municipal waste incineration facilities in the Public/Institution zoning district. Freese reviewed staff's rationale for recommending this process. This process was acceptable to the Metropolitan Council, who reviews all rezoning or land use changes within the airport search area, but the Metropolitan Council felt the City should clarify its Comprehensive Guide Plan. Director of Planning Freese and Consultant Dean Johnson answered questions from Council regarding the process if the Resource Recovery Facility was located in an area designated as a Waste Management District in the Comprehensive Guide Plan or if the City Council failed to take action on redesignating or rezoning the land. See Clerk's File 1991-33. MOTION by Napper to set a public hearing for a Minor Guide Plan Text Amendment of the Waste Management and Public Land Use Elements for October 15, 1991, at 8:00 p.m. SECOND by Klassen. Ayes: Willcox, Napper, Klassen. Nays: Oxborough. City Administrator Stephan Jilk advised the Economic Development Authority formally accepted the resignation of Michael Willard from the EDA Board. Mr. Willard requested his resignation take effect immediately. Administrator Jilk commented on the years of service Mr. Willard has given to the City and that he will be missed by everyone. See Clerk's File 1991- 33. MOTION by Napper to accept the resignation of Michael Willard from the EDA Board with regret and thanks for the many years of service to the City of Rosemount. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Fire Marshall George Lundy informed Council the National Fire Protection Association has chosen "Fire Won't Wait - Plan Your Escape" as the theme for Fire Prevention Week, October 6-12, 1991. Mayor Napper proclaimed October 6-12 as "Fire Prevention Week for the City of Rosemount. See Clerk's File 1991-33. MOTION by Napper to set a Special Executive Session of the City Council for Thursday, October 3, 1991, at 6:30 p.m. for the purpose of discussing litigation on pending assessments. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. City Administrator Jilk advised the Economic Development Authority (EDA) has scheduled a half day work session on Saturday, November 23, 1991, in the Council Chambers. The purpose of the work session is to begin the process of developing a downtown plan. In addition to City Council members attending, the City commission and committee members, city staff, and members of the Chamber Economic Development Committee will be invited two attend. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 1991 MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 4. Nays: 0. ATTEST: Stephan Jilk, City Administrator 5 Respectfully submitted, Susan M. Walsh, City clerk