HomeMy WebLinkAbout4.a. Minutes of August 15, 1989 Regular Meeting ' • ROSEM�� CITY PRQCEEDTNGS
REGULA MEETING
AUGUST 15, 1989
Pursuant to due ca�.l and notice thereof a regular meeting of the Gity
Council of the Ci.ty of Rosemaunt was duly held on Tuesday, August 15,
1989, �t 7:30 p.m. in the Cauncil Chambers of the City H�11.
Mayor Hoke called the meeting to order with all members present.
Mayo.r Hoke led the group in the Pledge of Allegiance.
The agenda was am�nc3ed to include Item 5(g} USPCI Latter af Commitment;
It�m 14(ci� Armory Fun�3 Transfer and Item 10(e� Cc�mmu►iity N�wsl.p�ter
Funding.
Robert Raddatz, the newly hired gublic works supervisor was introduced .
ta the Council. �
MOTION by Walsh to approve the Consent �genda as presented. SEC�ND hy
Wippermann. Ay�s: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays:
0. See Cierk' s File 1989-27.
Czty Engineer Rich Hefti recommended that Council reset the bid apening
date for Shannon Hills Street and Utility Improvements, City Pro�ect
190 to September 15, 1989, at 10:00 a.m. to allow the developer
additional time to complete the final platting process, See C'].erk's
File 1989-27.
MOTION by Walsh to adopt A RESULU'PION AOTHORIZING RE-ADVERTISEMENT OF
BIDS, SHANNQN HILLS STREET AND UTILITY IMPRQVEMI�,NTS, PR4JECT 190.
SECOND by Wipgerrnann. Ayes: Wippermann, HQke, 4xborough, Napper,
Walsh. Nays: 0,
City Engineer Rich Hefti informed Couneii of hi� investigation of past
eity .records and tape recordings of past counc3.1 meetings regardinq any
dpfermen� policies on the proposed assessments for Lift Station �#4
Sanitary Sewer Extension, City Pro�ect 181 , Cou�cil had tab3ed ac�i.on
from the July 18, 1989 assessment hearing on this pra�ect until staff
could determine if property awners Jahn Hawkins, 4173 - 145th Street
�lest, or Walter Strese, 4063 - 145th Street West� had been o�fer�d
deferments on particular pa.rceTs they owned, Hefti advised �hat
although determents were discussed at past council mee�ings, no
policies had been approvec�. He.fti further presented staff`s
recommendation that Council adop� the assessment roll as presented at
the July 18, 1989 assessment hearing. See Glerk' s File 1 "989-27.
City Attorney David Grannis presented several options available to the
city rec�arding defermen� ot ass�saments.
Mayor Hoke suspended the regular agenda ta open a public hearing
scheduled at this time to consid�r �a zonixtg ordinance t�xt amendment
�ffecting Section 15, Subd. 15.2 c, , of City Ordinance XVII.3.
The administrator/clerk presented for the record the Affidavit of
Posted Hearing Notice and Affidavit of Publication. See Clerk' s File
` 19$9-27.
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, . • ROSLMO���GITY PROCEEDINGS
REGUL ETING
AUGUST 15, 1989
City Planner Mike Wazniak advised the text amendment would change
mailing requirements for zaning district changes affecting five acres
or I,ess and would bring the city Zoning Ordinance into confoarrnanae
with the State Statutes. Wozniak advised this amendrnent will avoid
extensive mailing notification requirements for the ad+�ptivn of the
proposed official new zoning map. The cou�cil were informed by staff
th�t proper�y own�rs who will be impa�eted by the pro�osed zoning
changes will be notified by mail. See Clerk's F�7.e 1989-27.
Raymand Rahn, 3855 - 145th Street East, advised Council he concurrer�
with the proposed zoning ordinance text amendment except in
circumstances when rezoning involved environmental issues su�h as the
USPCI proposal and the public hearing scheduled for August 29� 1989, at
7;00 p,m. Rahn r�ecommended that all city residents be notified in
writing of such hearings.
Mc?TT4N by Wippermann to ciose the publ3c hearing. SECUNA by Walsh.
Ayess Hoke, Oxborough, Napper, Wa1sh, Wippermann. Nays. 0.
City Planner Wozniak advised that atl resiclents east of Highway 'S2 were
noti�ied in writing of the August 29, 1989 public hearing, and the
general public was no�i.f3ed througY� newspaper eoverage.
M4TI�N by Walsh to adcapt AN ORDIHANCE AMFNDI11�1GG 4RDTNANCE NO. XVII.3.
3EC4ND by Hoke. Ayes: Qxborough, Napper, �ta�.sh, Wipgermann, Hoke.
Nays: 0.
Mayor Hoke o�ened the pub].i� hearing scheduled for �his time to
cQnside� the rezc�ning for Shannon H311s PUD from AG Ag�3�culture to R-1
Single Fa�mily Reaidential.
The administrator/elerk presented for the record the Affidavit of
Mailed and Pas�ed Hearing Notice ar�cl Affidavit of Publicati:Qn. See
Clerk's File 1989-27.
City Plann�r Mike Wo�niak advised that �ver� though Shannon Hi.11s will
be devsl.aped in phases, the Planning CQmmissi.on recommended that the
entire Shannon Hills PUD be rezoned since s:t�gle family residential.
wcauld be the most 14gicaZ use for the entire site,
There were no comments or ob�ections received from the audience.
MaTIQAT by Wippermann to �lose th� publ3.c hearing. SECQNn by Walsh,
Ayes: Napper, Waish, Wippermann, Hoke, Qxbarc�ugh. Nays: 0.
M4TiQN by Hoke to aelopt AN aRDTNA�CS AMENbING ORD�NANCE N�. XVII.3 -
ZONING ORDINANCE. SEGOND by Na�aper. Ayes; Walsh, Wippermann, Hoke,
Oxborough, Napper. Nays; 0.
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, • RUSEMU�� CITY PRQCEEt�INGS
REGUL EETING
AUGUST 15, 1989
Aiayor Hoke opened the public hearing scheduled for this time to
consider the increase o�' license fees for nonintoxicating mal� liquor
and intoxicating liquor licens�s and extending Sunday hours for on-sale
intoxi�cating liquor.
The administrator/clerk presented for the reeord the Affidav3t of
Mailed and Posted H�aring i�otice and Affidauit Qf Publication. See
Clerk' s Fil� 1989-27.
n�puty Clerk Susan Johnsofi revi�wed the licer��e fees which were beii;g
consLdc�r�d for incre��ses and thp extension �f Sunday hvur� .�r.om thc*
gresent hours of Noon to Midnight to 10:04 a.m. ta 1 :Q0 a,m. 4n Monday,
See Clerk' s File 19$9-27.
oiscussion ensued regarding the evolvement of stat� lic�uor laws from
very restrictive requiremen�s of not al.lowing liquor sal.es on Sunday to
the present liberal laws of expanding the hours for Sunday an-sale,
Council concurred to withhold action on these items until later on in
the m�eting when Qther revisions to the city liquor ordinanee would be
reviewed.
There were no objections from the audience regarding these two items.
MOTION by Oxbarough to close the pubiic hearing. SECOND by Walsh,
Ayes: Wippermann, Hake, Oxborough, Napper, Walsh. Nays: 0.
Council discussed the cultural traditions of not allowi�ng the sal� of
liquor cluring church hours, the responsibility of local governments in
changing cultural traditions, and the possible lack of a public mandate
for allowing liqu�r sales during ehurch hours.
Mayor Hake opened the publie hearing to review certain sectians o� a
new zoning ordinance and zoning districts map.
The administrator/clerk presented £or the record the Affidavit of
Posted Hearing Notice and Affidavit of Fublieation. See Clerk' s File
1989-27.
MOTTON by xoke to recess to allc�w continued di.scussion on Item 5(b)
Adopt �issessment Roll, Lift Station #4 Sanitary Sewer Extension,
Pro�ect 181 . SEGOND by Oxbor4ugh. Ayes: Hoke, ��borough, Napper,
Walsh, WiPFermann. Nays: 0.
Diseussian continued on possible deferment optians and in part�.cular
the two parceTs owned by John Hawkins. Discussion ensued on whether
assessrnents shouZc3 be deferred on these two parcels until the garcels
are platted or sold and whether or not these two parce�.s have benefited
by the pro�ect. Administrator Stephan Jilk advised of staff' s
recommendation that benefit was r�ceived by the six parcels �.ncluded in
the project and that twa of the pzoperty owners have already hooked up
to the system.
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� . ROSEMO�' CiTY PR4C�EDTNGS
REGULAR MEETING
AUGUST t 5, 19$9
MOTION by Hoke to adopt A RESOLUTIUN ADfJPTING ASSESSMENT RO�,L, LIFT
STATION �4 �ANITARY SSWSR BXTTNSI�N, PROJECT NU. 181 . $ECOND by
Wippermann. Ayes: Oxbc�rough, Wippermann, Hoke. Naysz Plapper, Walsh.
Mayor Hoke recQnvened the public hearing to consider adoption c�� a new
zoning ordinance and zoning districts ma�.
City Flannex Michael Wozniak began his review o£ each section of the
n�w zoning ordinanee, and rece�ived qnestions of clari�ication and
camments from the Council and the audience. See Clerk's File 1989-2?.
Ron Jacobson, 3647 - 143rd Street West, offered questions and comments
an Sections 4 and 5 of the new zoning ordinance.
MOTION by Hoke to reeess to allow discussion on It�m 5(c) Amend Liquor
Ordinance and Item 10�1a) Chemical Health �nitiative. '
Administ�ator Stephan J3.lk summ�rized the recammend�d revisions to the
current liquor ordinance to include a stronq beer prQvision, bottle
club, decrease of inves�igation fees, allow off-sale of li.quor on
January 1 and July 4, repeal bonding requirements, and increase
liability insurance Iimits. See C1erk's File 1989-27.
MOTIOAI by Walsh to adopt AN QRDINANCE AMENDING TITLE 3 PER.TAINTNG TQ
LIQUOR REGULATiQNS. SECCIND by Oxborough, Ayest Napper, Walsh,
Wipperrnann, Oxboraugh, Nays: Hoke.
David Rooney, Human Services Division Dir�ctor for Uakota County,
invited the C�ty Council to become invokved in a county wide effort ta
fight baek against the grow�.�g abuse of alcohol and drugs. RQoney
advised the county will app�.y for funding from the Robert Wood Johnson
Fcauns�ation tQ support this countg-wide alliance af indivi,duals and
organiaations against the use of iZlegal drugs and alcoh4l. Ai1
communities in the county will be asked to ad4pt a resol.utiQn of
support of this chemicak health �,nit�.a�ive program. Se� Clerk's Fil+�
1989-27,
MOTIQN by Hoke to adopt A RSSOLOTIOI� TN SUPFURT OF THt3 DAKQTA COUNTX
GHEMICAL HEALTH INITiATIVE. SECt}ND by Wippearmann. Ayss: Walssh,
Wippermann, H4ker 4xb9�ough� N3pper. Nays: U.
A recess was cal.led at 9:15 p.m. with the meeting continuing at 9c30
p.m.
Discussian cQntin:ued with City Planner Michael Wozniak reviewing eaeh
sectian af the prapased new zQninc� ordinance and answering questions
and discussing comments with Council.
Citizen R�an Jaeobson eQmmented on Sections 6 and 7 of the new zon�.ng
ordinance.
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' , ROSEi�� GITY PROCEEQINGS
REGULAR MEETING
AUGUST 15, -1989
Mayor Hoke confirmed tha� this publie hearing would continue an
August 29, 1989, at 7:QO p.m, to cansider for adaption provisions in
Section 6 to allow creation of a waste management distric� and
provisions 3n Section 11 ta allow interim use permi�ts for the
construction of a non-h�zardaus waste Iand disposal faeil3.ty.
MOTION by Hoke to reeess the public hearing to August 29, 1989, at 7:00
p.m. . SECOND by Wa].sh. ayes: Wippermann, Hoke, Qxborough, Napper,
Walsh. Nays: 0.
MOTION by Walsh to approve the official summary of Ordinance Na. XI.14,
pertaining to the cable franchise granted tv Star MidAmerica Limi�ed
Partnership. SECGIND by Hoke. Ayss: Wippermann, Hoke, 4xborough,
Napper, Walsh. Nays: 0, See Clerk's File 1989-27.
MOTION by Napper to approve the official summary of OrdinanGe Na.
XI.15, pertaining to the electric franchise granted to Dakota Electric -
Association, SECUND by Wal.sh, Ayes: Hoke, Oxborough, Napper, Wa],sh,
Wippermann. Nays: 0. See Clerk`s File 1989�2?.
Couneil reviewed the bid tabulation for bids opened on Friday,
August 11 , 1989 for watermain extension through the Limerick Crossing
Addition. City Engineer Ri.ch Hefti recammended awardi.ng a cQntract to
the lowest respansible bidder, Brown and Chris in the amount af
$44,728, See Cl�rk' s F3.le 19$9-27.
MQTION by Walsh to adopt A RBSOLUTI�N RLC$IVING BIDS AND AI�ARDTNG
CONTRACT QN LIMERiCR CRQSSING WATSRMAIN, CITY PROJECT NO. 2Q1 . 3�COND
by Wippermann. Ayes: Oxborough, Napper, Walsh, Wipgermann, Hoke.
Nays: 0,
Council reviewed a letter received and dated August 14, 1489 �rom
USFCI, zne. regarding this eompany' s request that city staff `ex�ter into
negotiations with �hem concernatng the terms af a permit for their
proposed non-hazardous waste cantainment facility. Administrator
Stephan Jilk advised the moratorium in effect until December 31 , 1989
has precluded staff from entering discussions with USPCI, Znc.
representatives regarding permit items and incentive packages far the
community. Jilk advised the Au+gust 14, 1989 letter is the response of
USPCI, znc. to the letter approved by Council at the Auqust ,9 , 1989
council me�ting. Jilk advised the city attorney approved two changes
in th� August 14 letter from the August 1 letter. Se� Clerk' s File
9989-27,
MOTI�N by Hoke to aceept the propased 1,anguage to a�,1ow city staff to
enter negotiations with USPCI, Inc. according to the provisi4ns
+�utl.ined in Ken Jaeksan's letter of August 14, 3989. SECC3ND by
Wi�ap�rmann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborvugh. Nays;
0.
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' � ROSEMO� CTTY PROCEEDINGS
REGULAR MEETING
AUGUST 15, 1989
Council reviewed the final pl.at for Shannon Hills which encompasses 80
acres situated north of 145th Street and east of Shannon Parkway. City
Planner Mike Wozniak presen�ed the Planning Commission'� rec4mmendation
for approval. See Clerk' s File 1989-27.
MOTION by Wippermann to adopt A RESOLUTION APPRQVING THE SI�ANNON HILLS
FINAL FLAT. SECOND by Walsh. Ayes: Walsh, Wi.pper�nann, Hoke,
Oxborough, Napper. Nays: 0.
M4TI4N by Walsh to set a special council meeting on Tuesday, September
12, 1989t at 6;30 p.m, for the purpose of reviewing and discussing �he
proposed 1989 operating budget and CIP. SECOND by Wipp�ermann. Ayes;
Wi�pe�mann, Floke, �xborough, Napper, Walsh, Nays: 0.
Council reviewed Finance Director DQn Darling's memorandum o� August
10, 1989 regardi:nq his reeommendation to transfea� �125,dt�0 from city
reserves to a special armory fund. The eity administr�tor advised
appraximately �1Q2,000 has been expended to clate in eon�unction vaith
the purchase �f the armory site and an estimated $20,Q00 will b�
expended for demol3,tion and Qther associat�ad costs. Se�$ Clerk' s File
1989-27.
M�TION by Hoke to authorize the transfer 4f �12S,Oflfl fr4m the c�.ty
reserues to a sp�cial armory fund. SECONR by Wipp�rmann. Ay�s: Hoke,
Oxborough, Napper, Walsh, Wippexmann. Nay�: 4.
Mt3TION by Wa3,�h to approve the 1989 budget proposed fc�r the cammur�ity
newsletter as outlined in the economie dev��.opment speefalist's
memorandum dated August 9S, 1989. SECQND by Oxborough, Ayes:
Oxborough, Napper, Walsh, Wipp�:�manfl, Hoke. Nays: U. See Cl�ezk's
File 1989-27.
Coune�.l reviewed the proposal zeceived from a�cision Re�ou�ces
regarding their facilitation of a: goal setting session to be atte�ndead
by the counci]. a�nci city staff. Admini.strator �'3,1k reviewed his
understanding of the format and obj�ct3.v��s of thi� firs� �ession.
Councf,l will furnish the administrator dates they wQuld be avai�abl.e
for attending this sessi4n. See Clerk's File 1989-27.
MOTION by Hoke to accept the proposal from Ueci,sion Resou�c�s and to
direct staff to arrange �.he session. SECOI�iU by Wai�h. Ayes: Napper,
Walsh, Wippsrmann, Hoke, axbc�rc,ugh, Nays: 4.
Administzator Stephan Jilk reported on his inwolvement as a member of
an ad hac ccammittee and th� meetatng he attended on �ugust 1 b, 1989 fo�:
the purpose of scoping s�ut all the issues thi� cornmit�ee aqr�ed sh�ould
be acldre�s�d in the siti�ng prQeess for a new int�ernational airpar�.
Administrator Stephan Jil.k provid�d an update on the Truth i.n Taxa�ion
recent opinican rendered by the Attorney Gener�l regarding T�uth in
Taxation compliance. Jilk advised it has been his pasition to foZlow
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, . � ROSEI+�U��� CITY PROCEEDINGS
REGUL , r+IEETSNG
AUGUST 15, 1989
the extended deadiine for budget ac�option which was supported in the
Attorney Genexal' s opinion. The administrator will keep the counc3.1
updated an the city' s budget process. See Clerk' s File 19$9-27.
Administ.rator Stephan Jilk extended �n invitation for Council and their
spouses to attend the RQsemount Aclvisory Council Picn�.c on September 6,
1989 at the Rosemount Res�arch Center.
MOTION hy Wal.sh to adjourn, SEC(3ND lay Napper. Ayes: 5. Nayss 4.
, Respectfully submitted,
Susan M. Johns�n, neputy Clerk
ATTEST:
Stephan Jilk, Administrator/Clerk
Published this day o€ , 1989 in Dakota County Tribune.
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