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HomeMy WebLinkAbout4.b. Minutes of September 18, 1990 Regular Meeting � � ROSEMOUNT CITY PROGEEDINGS REGULAR MEETING SEPTBMBER 1$, 1990 Pursuant to due ca11 and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, September 18, 1990, at 7 :30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Oxborough and Klassen present . Council Member Wippermann was absent . Mayor Napper led the group in the Pledge of Allegiance . By unanimous consent of the Council, the meeting was recessed until 7 :50 p.m. to allow a closed meeting of the Rosemount Economic Development Authority (EDA) to continue. Mayor Napper noted two members of the Council were on the EDA Board. The meeting reconvened at 7 : 50 p.m. Council Member Sheila Klassen introduced Beverley Mi11er, the newly appointed Executive Director for the Minnesota Valley Transit Authority (MVTA) . Miller advised the riVTA is the third largest transit system in the State, and the MVTA has selected the Minnesota Transit Commission (MTC) to provide the service beginning January 1 , 1991 . See Clerk's File 1990-30. Employee Eric Day, who started with the City on September 5 , 1990 as a Mechanic Level I, was introduced by City Engineer Hefti. Council welcomed Eric as a new member of the Public t?orks Department. See Clerk' s File 1990-30. Patrol Officer Mark Robideau, thanked the Council for supporting and authorizing the D.A.R.E. Program to begin at the elementary schools this school year. Officer Robideau, who was selected to teach the D.A.R.E. program in the schools, advised the program will allow fifth and six grade students an opportunity to develop skills on how to resist the temptation of drugs . It now being 8 :00 p.m. Mayor Napper opened the public hearing scheduled at this time to consider the rezoning of property located at 4992 - 14Sth Street East. The city clerk presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk' s File 1990-30. Community Development Director Dean Johnson advised the city received. a petition from Otto Ped �o rezone his 160 acre property situated south of CSAH 42 and one and one-half miles east of TH52 from Agriculture Preserve to Agriculture . The property is no longer enrolled in the Metropolitan Agricultural Preserve Program. See Clerk' s File 1990-30. The audience raised no comments or objections to the rezoning request: MOTION by Napper to close the public hearing. SECOND by Klassen. Ayes : Willcox, Napper, Oxborough, Klassen. Nays: 0 . MOTION by Klassen to adopt DRDINANCE B-8, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Willcox. Ayes : Napper, Oxborough, Klassen, Willcox. Nays : 0 . ROSEMOUNT CITY PROCEEDINGS - ° REGULAR MEETING SEPTEMBER 18, 1990 Mayor Napper opened the public hearing to consider an amendment to Ordinance B, Zoning Ordinance, affecting Section 6.1 , District Use Regulation - Agriculture District. The city clerk presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk' s File 1990-30. Community Development Director Dean Johnson advised Otto Ped, 4991 - 145th Street East, has requested the Zoning Ordinance Text be amended to allow mineral extraction as a permitted use in the Agriculture District east of State Trunk Highway 52 . Johnson further advised the current Zoning Ordinance only allows mineral extraction in the General Industrial District, and approval would allow a sand and gravel mining operation to be conducted on Ped ' s property. See Clerk' s File 1990-30. Johnson answered questions from Council regarding the reclamation of the land after the mining is completed and the possibility of other mining operations occurring in the vicinity if the Zoning Ordinance Text was amended. Johnson noted that even though the previous zoning ordinance permitted mining operations in an agricultural district, there were very few operations . Petitioner Otto Ped estimated the mining operation would last approximately five to seven years, and trees would be planted once the ridge is removed. Marlin Rechtzigel, 3540 - 140th Street East, requested that Council consider moving the west boundary line of the permitted area for mineral extraction to the abandoned railroad tracks located approximately 1100 feet west of Highway 52 . � MOTTON by Napper to close the public hearing. SEGOND by Oxborough. Ayes : Oxborough, Klassen, Willcox, Napper. Nays : 0. - A concern was expressed from Council the amendment may cause simultaneous mining operations in the same vicinity unless the Zoning Text amendment would allow only one mining operation at a time. Council also discussed the feasibility of moving the west boundary line to the abandoned railroad tracks . MOTION by Willcox to adopt ORDINANCE B-9 , AN ORDTNANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Oxborough. Ayes : Willcox, Oxborough. Nays: Klassen, Napper. Motion failed. Fire Chief Scott Aker provided a brief summary af the Fire Department ' s Semi-Annual Report to the City Council . See Clerk' s File 1990-30. MOTION by Oxborough to accept the Semi-Annual Report on the Fire Department operations . SECOND by Willcox. Ayes : Willcox, Napper, Oxborough, Klassen. Nays : 0. The city administrator requested the approval of the Semi-Annual Report be removed frorn the Consent Agenda. Council unanimously concurred to address Item 4(h) Approve NSP Street Light Folicy, Item 4 (1) Approve Pay Estimate 2 ' � RE�ULARNMEETINGPROCEEDINGS SEPTEMBER 18, 1990 ��6 for Shannon Parkway Street & Utility Improvements and Item 4(0) Approve Pay Estimate ��1 , Shannon Parkway/dodd Boulevard Trail under New Business. MOTION by Napper to approve the Consent Agenda with deletion of Items 4(h) , 4(1) , 4(n) and 4(0} . SECOND by Klassen. Ayes : Napper, Oxborough, Klassen, Willcox. Nays : 0. Mayor Napper discussed the Special Council Meeting held on September 17, 1990. Mayor Napper advised Gouncil directed the city admi;nistrator to prepare a resolution outlining the Council ' s intention to acquire the University of Minnesota property in Rosemount £or the purpose of controlling any waste management projects that could affect the City: The city- administrator read the proposed resolution. In answer to questians from the audience, Mayor Napper affirmed the Council was not endorsing the resource recovery project and advised the 1170 acres the City cauld purchase fram the University did not include the site proposed for the incinerator facility: Mayor Napper advised taking possession of the University property in Rosemount would give the City the ability ta control and regulate projects loeated on the property. See Clerk' s .File 1990-30. MOTION by Willcox to adopt A RESOLUTION DECLARING THE CITY OF ROSEMOUNT' S DESIRE TO OBTAIN POSSESSION OF CERTAIN UNIVERSITY OF MINNESOTA PROPERTY AND CONTROL THE LOCATION OF CERTAIN WASTE MANAGEMENT PROJECTS AFFECTING THE CITY OF ROSEMOUNT. SECOND by Napper. Ayes : Oxborough, Klassen, Willcox, NaPPer• NaYs : 0. Consulting Engineer David Simons of SEH presented cost estimates and the recommended alternative for converting Pond No. 1 into a retention pond rather than a dry pond as approved at the publ.ic improvements hearing held on September 4 , 1990 to consider City Project 197, Va11ey 0ak Pond -0utlet Improvements . The consulting engineer reviewed the recommended alternative to overexcavate the pond to accommodate an additional 3 . 5 feet of standing water and installing an 18 inch clay liner in the pond bottom at a total estimatec3 cost of $94,000. Several residents expressed eoncerns the elay liner and excavating could possibly eliminate existing vegetation. Because of new information and cost estimates on the project, it was the general consensus of the Council to hold anather public hearing to allow residents the opportunity to provide input on this information. City Engineer Hefti informed Council an additional public hearing could delay start of the project until Spring, 1991; but the City had the capability of pumping the pond in the event of storms or rising water due to rapid snow melt . File 1990-30. MOTION by Willcox to table approval of the plans and speci.fications for Project 197 and to set a public hearing date for Tuesday, October 16, 1990, at 8 :00 p.m. to ` recansider Project 197 . SECOND by Klassen. Ayes : Klassen, 4Jillcox, Napper, axborough. Nays : 0. City Administrator Jilk requested Council affirmation of the position taken by the Parks & Recreation Committee and the City Council to allow trail maintenance in Carroll ' s Woods and the annual Haunted Woods activity this year. Jilk advised the specific request is the result of residents who have voiced concerns not only against a certain maintenance program in Carroll ' s Woods until the parks master plan is completed but also for the 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING . SEPTEMBER 18, 1990 lack of an ongoing park maintenance program. Council Member Harry Willcox, Council Liaison to the Parks and Recreation Committee, commended the committee for their action to place a moratorium on further development of the park until the master parks plan is completed. Willcox concurred with the committee' s past action to support the continuation of necessary maintenance in Carroll ' s Woods and reiterated his support of the Council ' s position to allow the Haunted Woods event this year in Carroll ' s Woods, . See Clerk' s File 1990-30. MOTION by Willcox to affirm the Parks and Recreation Committee ' s position on trail maintenance in Carroll ' s Woods and the City Gouneil ' s decision to allow the Haunted Woods event in 1990. SECOND by Oxborough. Ayes : Willcox, Napper, Oxborough, Klassen. Nays : 0. Council Member Willcox left the meeting at this time. Council discussed the joint powers agreement between the City and Independent School District 196 which governs the development and usage of the Shannon Park Elementary School/City Park property. See Clerk' s File 1990-30. MOTION by Klassen to approve the Independent School District 196/City of Rosemount Development and Site Usage Joint Powers Agreement. SECOND by Napper, Ayes : Napper, Oxborough, Klassen. Nays : 0 . MOTION by Napper to approve the promotion of Robert Barfknecht to Maintenance Level II at Step A wage, and authorize the public works director to fill the Maintenance Level I vacancy. SECOND by Oxborough. Ayes : Oxborough, Klassen, Napper . Nays : 0. See Clerk' s File 1990-30. Community Development Director Johnson presented the Planning Commission ' s recommendation to approve a request from USPCI, Inc. for a division of property located on County Road 38, by metes and bounds description, and to further approve the combination of this parcel to a 3 . 3 acre parcel . Johnson noted the property will remain in agricultural use until USPCI , Inc. applies for an interim use permit for its proposed facility. See Clerk ' s File 1990-30. MOTION by Oxborough to adopt A RESOLUTION FOR A SIMPLE LOT DIVISIQN and to approve a Lot Combination Agreement . SECOND by Klassen. Ayes : Klassen, Napper, Oxborough. Nays : 0. City Engineer Rich Hefti presented the bid tabulati�n for Shannon Hills 2nd Addition Street & Utility Improvements, City Project 216. Hefti will recommend awarding the contract to CECA Utilities subject to approval of Shannon Hills 2nd Addition improvements hearing scheduled for -0ctober 2, 1990. See Clerk ' s File 1990-30. - MOTION by Napper to receive bids for Shannon Hills 2nd Addition Street & Utility Improvements , Project 216, Contract 1990-5 . SECOND by Klassen. Ayes : Napper, Oxborough, Klassen. Nays : 0 . 4 � ` " ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 1990 MOTION by Klassen to approve accepting NSP' s Class 5 level of service for all newly constructed street lights. SEC�ND by Napper. Ayes : Oxborough, Klassen, Napper. , Nays : 0. ' See Clerk' s File 1990-30. MOTION by Klassen to approve request for Payment No. 6 to Richard Knutson, Inc. in the amount of $60, 739. 75 for work done under Contract 1989-5 , Shannon Parkway Street and Utilities Improvements Project . SECOND by Napper, Ayes : Klassen, Napper, Oxboraugh. Nays: 0. See Clerk' s File 1990-30. MOTION by Klassen to approve Pay Estimate No. l to Bituminous Consulting & Construction in the amount of $24,297. 20 for work completed on Shannon Parkway/Dodd Boulevard Trail Project . SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen. Nays : 0. See Clerk' s File 1990-30. MOTION by Napper to adjourn. SECOND by Oxborough. Ayes : 3. Nays : -0. Respectfully submitted, Susan M. Johnson, City Clerk ATTEST: Stephan Jilk, Cit� Administrator Published this day of , 1990 in Dakota County Tribune. i i _ , 5