HomeMy WebLinkAbout4.a. Minutes of February 7, 1989 Regular Meeting a , • RUSEMt3� GI'PX PRO�CEEUINGS
REGULA EETING
FEBRUARY 7� 1989
Pursuant to due call and no�ice thereof a re��ular meeting o� the Ci�y
Counci,I o€ the City c�f Rosemount was duly held on Tuesday, �'ek�ruary 7,
1989, at 7:30 p.m. in �he Council Chambers of the City Hali.
i�2ayor Hoke call.ed the meetinc� to order with all memhers p�e:s�nt.
A4ayo.r Hoke led the graup in the Pledge of Ail,egiance.
A recess was called ta a11ow the continuance o£ the City HR�, meet.ing
with the Cauncil me�ting reconvening at 8:45 p.m.
The following itiems were added to the agenda: Item 9(� ) In��urance
Claim Release Approval and Item 19 (b) Affirmati.ve Action Pl��n Upd�te.
The foll�w3ng items were deleted from the agenda: Item 9tb� Land I3sA
Po13cy Discussion and Item 9(c)State Auditor's R�port - Fin�ncial
�iealth Prafile.
Tracie Pechonick, the city' s new Economie Development Sp�ei�tl,ist, was
introduced to the Couneil.
An update �o the city's recycling program was provided }ag Ccrm�uz�ity
Deval.apment �ireetor Dean Johnsan. Jat�nsdn advised ec�n�ain�rs w3.11 t�e
clPliv�red to the resiclents during the week of February 20, 1989,
MOTION by Wippermann to ap�roved the consent agenda �s pr�sE!n�ed,
SECOND by Wa1sh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper.
Nays: 0. See C].erk's File 1989-4.
MOTION by Walsh t4 approve �he election of Jahn Strese as �1�sistani�
Fire Chi�� and Rob�rt Tabery as Seeretary for the Fire De�a��tment for a
term of one year. SECOAID by Wippermann. Ayes: Wippermarzn, Hoke,
Oxborouc�h, Napper, Walsh. Nays: U. See Clerk' s File 1989-�4.
MOTION by Walsh to approve the leave of absencP from the Fiz��
Qepartinent for Mike McDonough beginning Febru�.ry 1 , 1989 for�' a maximt�m
o� one year. SE�OND by Napper. Ayes; HokP, Oxbc�ro�tgh, Nap�per, Walsh,
Wippermann. Nays: 0. See Cl.erk' s Filc 1989-�l.
Mayo.r HQke conducted the swearing in o€ Fire Departmen� o£�i.c�rs Strc�se
and Tabexy. The Council. congratulated Officer� John Str�se and Raber.t
Tabery on their election and appo3.ntment to office.
t�iayor Hoke suspended the reguZar mee�i.ng to aonduct a public hearing
scheduled for thfs time.
Mayar Hoke opened the public hearing to consi:der a zoning
interpret��ic�n appeal of the Pl.anning Commission by Daic� Helwig.
� � , ROSEMO� CITY PR(�CEEDINGS
REGULAR EETING
FEBRUARY 7, 1989
The ac�ministrator/clerk had in his pr�sence tl�e Affidavit c>�
PublicaL-ion and �lffidauit of Mail�d and Posted H�aring Nat9.ce. See
Clerk' s File 1989-4.
Ci.ty Planner Mike Wozniak advised Council of the Planning C:ommissie�n' s
decision to deny Mr. Helwig' s request to recognize his 2.2Ef parcel
- located off of County Road 42 as a legal 1ot of record to a�l.low
issuance of a building p�rmit, and Mx. Fielwig' s appeal to t:his
deeision. City Planner Wozniak inform�d Counctl Mr. Helwiq' s attorra��y
contacted the eity and requested that the apPea], be dxop�ect if the city
waul.d consider an abatement of a special assessment on the property.
Wozniak advised staff' s recommendation at this time wc�uld k>4 �o abatA
the assessment i� the appeal is not pursued. Wo�niak recommended that
eouncil consider the abatement request at a later date to aillow staff
to comple�e discussions with Mx. Helwig and his attorney.
MOTIOAI by Wa1sh to c].ose the public hearing. SECOND by Oxl�►c�rough.
Ayes: 5. Nays: 0.
MOTION by Walsh to table any action until staff has deterrni:ned the
appropriate abatement process for the petitioner and the neces�ary
docurnents have been Prepared for council approval. SECOND b� Hoke.
Ayes: Oxborough, tda�per, Walsh, Wippermann, Nappe�c. Nays: Q.
Regular agenda discussion resumed at this time.
Council discussed the praposed amendment to �he zoniny ordinance to
elim,inate landfills as a permitted use. This item was def�rred from
the January 3, 1989 regular council meeting. Council .reviewed the'
recommendations received from staff and the eity attorney t.o ado�t a
moratorium on lanr�fills in Iieu of the intarirn amendment pr�oposed at
January 3, 198g public hearing. Community Development Dire�etor Dean
Johnsan advised the maratorium will provide the city the a�pc�rtunity to
include �he issues of l.andfills within the context of �he er��ire new
zoning ordinaneQ, as well. as tie into the time table of the, c�rdinanct3
revi�w process.
City Adminis�ratax Steue Jilk read the propased ordinance. City
Attorney D�vid Grannis advised the ordinance would tempoararily proh3.t�tt
issuance of land use approvals and bui].ding permits for Iandfills, but
would not prohibit di.scussian on this issue. He further ad�ed the
mora�orium coul.d be removed through adoption of an ordinanc�. S�e
Cierk's File 198�-4.
MOTION b�r Napper to adopt Ati IPiTggIM ORDINANCE TEMgQRI�RILY PR4HIBITZi�G
ISSUANCE (?F LAND USE APPROVALS AND BUILDING PERMITS FOR LANUFiLLS ANt1
SIMILAR USES. SECOND by Wa1sh. Ayes: N�pper, Walsh, W3.ppermann,
Hoke, Oxbarough, Nays: �,
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• _ . RQSEMO� CITY FRf�CEEDINGS
REGULA EETING
FEBRUARY 7, 1989
MOTION b;� Napper to adopt a RESQLUTION UIRECTING THE CITY',� PLANNER TO
PREPARE A STUDY OF APPROPRIATE ZONING CONTROLS FUR LANDFILI',S ,�ND
SIMILAR USES. SECOND by Wippermann. AyAst Walsh, WiP��.rrnann, Hoke,
Qxbarough, Napper. Nays: Q. _
MOTION by Hoke to table indefinitely any action on the pro�aosed
amenclment to the zaning ordinance, SECOND hy Oxbarough. ��r��:
Wippqrmann, Hoke, Oxborough, Napper, Walsh. Naysr Q.
City Planner Mike Woaniak presented fc�r Council cansidera��Lc�n the
PraFa��� set�Iement received fram the attorney £or Riehard Schuh, thA
subcontractor possess3.ng the righ�s to the s�oekpiled sana ana gravel
located at the intersection of County Road 42 and Emory �,vE�nuP, an;d
owned by Pine Bend Development. Wazniak advi.sed that foll,c>wing the
Council`s denial to extend the grading parmit to allow 50,U4�0 cubi.c
ya=ds af sand and gravel to remain stoekpiled on �he sit�; the
applicant was contacted ar�d informed the restoratic�n rnust ktie complet�d
by December 22, 1988, or the city wauld have �o taks �he n�!cess�r;�
action tQ restore the site inciuding utilizing the $10,004 perfo�rmanee
k�ond provided by Bi.tuminous Materials, Inc. Council reviewed a le��.er
received fram City Attorney Roger Knutson rer.ommencied that the c�.ty
accept the proposal and allow an extensian of �he grading ��ermit tc� �
4c�o�aer, 1989 subject to certain conditions. Counei�.memUex� Nap�r
concurred with the city attorn�y' s reeommenclation bu� advi�ted th� �i.ty
should scrutinize �uture grading permits ta assure the perf`ormanee k�ar►d
is the appropriate amaunt. See C7,erk's Fi1e 1989-4.
MOTION by Hoke to accept the proposal fxom Riehard Schu�3 and ta allaw
the extension of the grading p�rmit subject ta ex�cution of an
agreement s�ating the min�.ng conditions i.n the prop4:s�1. �ECOPd€� by
Oxboraugh. Ayes: Hoke, Oxborough, I�ap�aer, Waish, Wipperma�nn. Nays:
Q.
33i1I Morra.s and Diane Traxl�r of Decision Resources present:Qd an
overview of the r�sults of the citixens �ttitud� survey. 'i'hey answ�red
several questions from eouncil, staff and the audience. See Clerk's
File 1989-4.
A recess was eal].ed at 9:20 p.m, with the meeting r�conven3,ng at
9.30 p.m. Counci3.member Walsh left his ehair at 9:30 p,m.
Cauncil reviewed the application for mining permit receiv�d, from
Bituminous �ia�e=iais, Inc, for an $0 �cre site located imm�di,��ely
south of Sc�lberg Aggregate on Trunk Highway 56. City Plann,er Woxni�;c
reviewed the conditions of the sand and gravel mining permit and
advised the Planning Ct�mmission has reviewed the applic�ti.an and
reeomm�ndsd its apparoval subject to several c�ndit�:ons. Caunci].m��tb�r
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• - � ROSEM(J�� CITY PRQCEEDTNGS
REGULA EETING
FEBRURRY 7� 1989
Napper expressecl concPrns th�t the ltmitec� aecess to the sit� may
jeonardtze public saf�ty and reque�ted that an �nnual review of trafFic
acczd�nts be completed. See Clerk's Fil� 'I989-4.
MQTTON by Napper to �able any action on the sand and grav�l �aining
permit appli�d for by Bituminous Materials, Inc. until �k�e cernditiflns
of the �ermit details safety issues. SECaN� k�y HokP. �1y�s:
Oxboraugh, Napper, Wippermann, Hake. Nays: 0.
Aciministrator Ste�ha�i Jilk presented for Council's final apProval �t�q
Pubiic Works, Teamsters Local 320, Una.on C�ritract for 1989 and 199f�.
Jilk commented he has discussed with union represen�atives a diffsrent
approach to the salary scale. The union representatives ha�re i.ndicated
they will considar further diseussion on the salary seaie conce�t, b�zt
have reguested that the contract be adbptec�. See C1erk's File 19$9-4.
MdTION by Wippermann ta adopt the Publie Works Union Contract,
Teamsters Local 320, far '1989-1990. SECQND by Hoke. Ayes: Napper,
Wippermann, Hoke, Oxborough. Nayst 4.
City Eng�.neer Rich FIefti preser�ted for Council approval a r�solu�ion to
ad�ust the water, sani.tary sewer ar�d storan sewer connecti4n eharg�s ��nd �
to reinsta�e a wa�er suxcharge. The revised connection charges w3.11 b�
effectiv� immediately, and the surcharge will bPcome effectiv� JuI� 1 ,
1989. He�ti advispd the connection charges would be incrAase�i two
percent. The starcharge is one-half of the surcharge instituted �everal
years ago and will pravide revenue for repaying bonds for finaneing af
the well and tower. See Clerk' s File 1989-4.
MOTI�N by Hake to adopt A RESOLUTI(?N ESTABLISHING WATER AND SEWER '
RATES, CHARGES AND DEPOSITS. SECOND by Oxboraugh, Ayes; iVi�perrnann,
Hake, Qxbarough, Napper. Nays; 4.
MOTIDN by Napper �o set a special meeting of the City Council tv meet
as tl�e Rosernount Board of Review/Equa].ization on May 23, '1989, at
7;3Q p.m. in the Counc3.1 Chamber�. SECQND by b�lipp�rmann. Ay,�s: HQi:e,
Oxborough, Napper, Wippermann. Nays: fl.
City Administrator Stephan Jilk recommended approval of Polica� Chie�
Staats' reeommendation to hi,re Karen Kelly for the pa.rt time �ecretary
positifln as outlined in his memoranclum of February 2, 1989, ;5ee
Clerk' s File 1989-4.
MOTION by Napper t4 anprove the hiring of Karen Kelly for the pasi.tion
of part time policy departmen� seere�ary at a starting salary of $7.5U
an hour. SECOND by 4xborough. Ayes: Ox�aorough, Nap�e�, Wip�erm�r�n,
Hc�ke. Nays: 0.
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` , ROSEMt3�' CITY PRCICEEDINGS
REGULAR MEETIATG
FEBRUARY 7, 1989
City Administrator S�ephan Jiik presented an offering through the
League of Minnesvta Cities for wc�rkers' campensation faar el��ctecl
oEfi.cials while performing duties. The annual cost for Pac:h person is
$12.75 a year. See Clerk's File 1989-4.
MOTION hy Napper to approve the expenditure for the work�rs'
compensation insurance for elected officials. SECQND by Qxlborvugh.
Ayes: Napper, Wippermann, Hoke, Oxborough. Nays; Q.
Gauncil revi�wed the proposed change to the Rasemount Hous:i�ng and
Redevelopment By-Laws as outlined in the city administrator' s
memorandum dated F�bruary 3, 1989, The basic char�ge woulc� ��all fc�r
reguiar aneetings of the authority to be held twice a rnonth �a�her than
once a month and a starting time of 6:30 p.m. rather than 7:UQ p,m. See
Clerk 's Fi.ls 1989-4.
MQTION by Wippermann to adopt the Rosemvunt Housing and Red�velopment
Authorit� By-Laws as presented. SECOND by Napp�r, �yes: 4�ippermaz�n,
Hoke, Oxborough, Napper. Nays; Q.
Counei�. reviewed the pre�.iminary draft of the park dedicati<>n agreem�nt
bptween the city and tha Kelly Estate for 24 acres of park �.and t4 b�
utilized �or �oint city and school use. Community Developm�ant DirectQ�
Dean Jahnson updated council on the several me�tings that h�v� been
held with school di�trict represent�tives regarding the pro��osed
elementary schc�ol in the northwest area of the city. Johnsesn furthe.r
reviewed the time line chart for the elementary sehaol pra�E�ct.
Jol�nson requested Council approval of the agreement with mirEor chang�s
to be incorporated in the final draft. See Clerk`s File 19E19-4.
MOTION by Hoke to approve �h� park dedication agreement sub��ct to th�
nated changes and to authorize th� necessary signat�xres. SE;COND by
Wippermann. Ayes; Hc�k�±, Ox�rough, Nap�er, W3.ppermann. Na�yss 0.
Community Development Director Dean Johnson presented the bi,ds �received
on a seven-pass�nyer mini van and a faur by four pickup fnr g�nera].
administratian and building inspe�tion purpflses. See C1erk' s file
1989-4.
MOTION by Napper to apProv� the purchase of a 1989 Plymouth Voyag�r S�
in the amount of $13,807.57 and to award �he bid t4 Sunnysid:e C�rysl.�r--
Plymouth. SECOND by Hoke. Ayes: Oxb4rough, Napper, Wipperm�nn, Hca�:e.
Nays: Q.
MOTION by NaPper to apprc�ve the purchase of a 1989 Ford F-150 Qic�Cup
truck in the amount r�f $12,203.00 and ta award the bid to Freeway Fard.
SECOND by Oxborough. Ayes: Napper, W:tppermann, Hoke, Oxborough,
Nays: 0.
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, , ROSEM�� CITY PR��CEEDZNGS
REGULAR MEETXNG
FEBRUARY 7, 1489
City Administrator S�ephan Jilk reeommencied that couneil ap;�rove the
execution of a release and confirmation l�tter regarding an insuranep
settlement as the result of an individuai that tripped whil� �scending
the steps at city hall. The contractor who l�uiit the �teps was aske�3
to reimburse the city' s insuranee aompany for the claim and tv r+�pai�
�he uneven steps �hat caused the accident. Jilk advised �h� contra�cFor
is requesting confirmation of the wark performed and releas� of fur�her
liability arising aut of th� injury sustained. See Cl.erk' s �'ile 1989-
4.
MQTION by Fioke to approve the letter o� conf3rmation canfir��ing the
work has been done satisfactorily to eorrPct the uneven ��e�, SECflND
by NaPper. Ayes: WiPFermann� HQke, Oxboarc�ugh, Nappe.r, Na!Ys; Q.
Motion by Napper to execute the release as propased by the +�ity�s
insurance adjuster. SEC4ND by HQk�. Ayes: Iioke, Qxborougl�, Napper,
Walsh. Nays: 0.
Mayor Hok� discussed the community involvernen� pracess he r4�een�ty
distributed to the Citizens Advisory Committee and requestec� Coun�il' s ` '
input or concerns regarding time lines of the process, the
��rticipation of the adv3.sory council, city council, commis:sion an�i
evmmittpe members in evolving the final reeommendati,ons and guideiin�s
from the data gathered from the survey, town mee�in�s, and i�rY�an dc�s.ign
tea►n and a pro�ected date` for a future tawn meeting. Mayor Hoke
a�3vised the advisor�r council will be putting together prelirninaary
recommenciations from the citizens a�titude surv�y and sug�e:�ted a
meeting between the advisory' council and staff. before fin�l
reeornrnendations are made to Council.
Mayo.r I�oYe presented discussion on establishing guidelines �'or the
downi:own area and the role of the City HRA and Council in sE3tting ug
such gui��lines. Following dfacussion, 'Ac�ministrator J31k $dvised
staff will present a methodoiogy for approac:hing this issue at t}ie nex�
council meeting.
Mayar Hoke reported on the Dakota County ResoureQ Recovery IaAW publ,ic
meeting held at the ltosemount High School on January 25, 19E39. Maycar
Hoke cornmented on the large number of people wha voicecl �he�.r
opposition to disposal of solid waste by in�in�rati.on:
Adrninistrator Stephan Jilk advised council of recent rneetinc#s regarding
the armory praject and the discussion on the specific locat�on of thP
armor� atid c�,ty owned buildings which may be built ir� eon;jur�ction wii:h
the armory. The administrator advised the funding £or this pro�ect }�.as
been i.ncluded in this biennium to Congress whieh could pc�ss�.biy mctve
construction ahead ta 1991 rather than 1992 or � 993. - The type of unit
to be buiid will be the headquarters fQr an en+gineeri.ng batt;alic�n,
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� ' • ROSSMO� GITY PROCEEDINGS
REGULAR EETING
FEBRUARY 7, 1989
Ar�ministrator Ji7.k also informed couneil of h�.s and Dean Johnson' s trip
to Arainerd and Camp Ripley to view a r�ew arm�ry unde� �onstruc�i4n.
The aclministratoi advised the city' s Af_firmative Action Plan is �3.most
camplete and wi11 be presented to Council. in the near fu�uar�e,
MOTIQN by Napper to adjourn. SECUND by Wippermann, �ye�s 4. Nays:
0.
Respectfully submi�tted,
. Susan M. Jolinson, �eputy C1Prk
ATTEST:
Stephan ,Tilk, Administra�or/Clerk
Published this aay of �, 1989 in DakQta CQun� �ribune. .
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