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HomeMy WebLinkAbout4.a. Minutes of October 20, 1987 Regular MeetingROSEMOUNT CITY PROCEEDINGS • REGULAR NEEG OCTOBER 20, 87 Pursuant to due call and notice thereof a regularmeeting of the City Council of the City of Rosemount was duly held on Tuesday, October 20, 1987, at 7:30 p.m. in the Council Chambers of the City Hall. The meeting was called to order by Mayor Knutson with all members present. Mayor Knutson led the group in the Pledge of Allegiance. The agenda was amended to include Item 5(f) University of Minnesota Fire Contract; Item 8(g) 1988 Water and Sewer Fund Budgets; Item 9(a) Rural Water Meeting, 10/21/87; Item 9(b) Regional Transit Board Opt -Out Meeting, 10/23/87; League of Minnesota Cities Policy Meeting, 11/18/87, MOTION by Walsh to approve the Consent Calendar as presented. Second by Tucker. Ayes: Walsh, Napper, Knutson, Tucker, Willard. Nays: 0. See Clerk's File 1987-25. Administrator/Clerk Stephan Jilk advised Council the University of Minnesota has scheduled a meeting with the residents of east Rosemount who have contaminated wells to present to them the proposal and cost estimates for the rural water system. Preceding this meeting, university officials and the consultants working on this project will meet with city staff for preparation of the meeting with the residents. Jilk added he has advised the consultants the estimated annual maintenance and operating costs are low and adjustments need to be made. See Clerk's File 1987-25. Community Development Director Dean Johnson updated Council on the status of the resource recovery project advising the tour previously scheduled in West Germany and Denmark had been postponed. Johnson advised County Board Chairman Steve Loeding and county staff members have agreed to provide an update to Council on the present status of this project. Johnson stated the county officials would like to make their presentation at a special council meeting. 140TION by Knutson to scheduled a special Council meeting with county officials regarding the resource recovery project on Tuesday, November 17, 1987, at 6:00 p.m. at City Hall. Second by Walsh. Ayes: Napper, Knutson, Tucker, Willard, Walsh. Nays: 0. Administrator/Clerk Stephan Jilk reported on his recent discussions with the contractor and architect of the city hall regarding the deficiencies of the city hall parking lot and the west wall of the council chambers. Jilk advised an arbitration hearing has been scheduled for November 12, 1987 on the parking lot issue. Community Development Director Dean Johnson advised the building inspector scheduled to begin work on October 13, 1987 notified him on October 9, 1987 that he had accepted a similar position in Chanhassen. Following discussions with Ron Wasmund, Steve Jilk and three councilmembers, Johnson stated he offered the position to Paul Heimkes. Johnson reviewed with Council Heimkes' background and requested Council's authorization to hire Paul Heimkes in the position of building inspector with an annual salary range of $22,000-$26,000. See Clerk's File 1987-25. ROSEMOUNT CITY PROCEEDINGS • REGULAR MEET OCTOBER 20,7 MOTION by Knutson to authorize the appointment of Paul Heimkes in the position of building inspector with an annual salary range of $22,000- $26,000. Second by Willard. Ayes: Knutson, Tucker, Willard, Walsh, Napper. Nays: 0. MOTION by Knutson to authorize the attendance of one councilmember and the administrator/clerk to the National League of Cities Conference in Las Vegas, December 12-16, 1987. Second by Napper. Ayes: Tucker, Willard, Walsh, Napper, Knutson. Nays: 0. See Clerk's File 1987-25. Mayor Knutson suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. Mayor Knutson opened the public hearing on an appeal from Gerald Burg to the planning commission's decision to deny a variance to side yard setback requirements. The administrator/clerk had in his presence the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1987-25. Gerald Burg, 14815 Camfield Circle, was present to request an 8' variance to side yard setback requirements on Lot 1, Block 1, O'Leary's Hills Second Addition, a corner lot with frontage on 155th Street and proposed Shannon Parkway, to allow him to construct his residence with an attached three car garage. Burg reviewed the lot survey and site plan with Council and stated he felt there were excessive restrictions imposed on the lot by easements and setback requirements. Burg also stated he felt the variance for the setback would not constitute a threat to the overall design of the neighborhood and that each variance should be granted and judged on its own merits and not denied because of precedence. There were no objections or comments from the audience. NOTION by Walsh to close the public hearing. Second by Tucker. Ayes: 5. Nays: 0. Council unanimously agreed the variance would set precedence for future homes built along Shannon Parkway and the proposed home site would create visibility problems, particularly since the lot is at the intersection of two MSA collector streets. Burg was also informed that Council could not approve the appeal based on no hardship or unusual circumstance related to this parcel. MOTION by Walsh to uphold the findings of the Board of Appeals and Adjustments in denying the variance petition by Gerald Burg to side yard setback requirements. Second by Napper. Ayes: Willard, Walsh, Napper, Knutson, Tucker. Nays: 0. Mayor Knutson opened the public hearing scheduled for this time to receive comments on the appeal of Phillip Anderson in regard to denial of the planning commission of a building permit to expand a non-conforminguse, Phil's Body Shop, Inc. The administrator/clerk had in his presence the Affidavit of Publication and Affidavit of Posted Nearing Notice. ROSEMOUNT C& PROCEEDINGS REGULAR MEEIM OCTOBER 20, 1987 John Anderson, representative for Phil's Body Shop, Inc. requested that Council consider the appeal for expansion of his father's business. Anderson stated the expansion is necessary to accommodate the installation of a new paint booth since the present one is outdated and a health hazard to the employees. Anderson informed Council the new 30' x 30' paint booth will not fit in the existing building. Jerry Anderson of AAA Salvage was present and advised his business and the body shop are two separate entities and requested that Council consider Phil's Body Shop appeal with this in mind. Discussion ensued between Council and the Andersons regarding the ownership of the two acre site where both businesses are situated with the Andersons informing Council that this site is presently owned by their father, Phillip Anderson. Because of both businesses on the same site, Council addressed both John and Jerry Anderson regarding expansion of their businesses. Council were in unanimous agreement to deny the appeal since the zoning ordinance has no provision to allow an expansion of a non -conforming use and that a variance to the non -conforming section is not permitted since no variance may allow a use which is not a permitted use in a particular zoning district. Jerry Anderson stated both businesses invested monies based upon building permits issued several years ago. Community Development Director Dean Johnson informed Council and the Andersons that the city has openly admitted an error in issuing these permits. MOTION by Willard to close the public hearing. Second by Walsh. Ayes: 5. Nays: 0. Community Development Director Dean Johnson advised that staff has met with Jerry Anderson to discuss options available with regard to relocating AAA Sal vage. Johnson recommended continuing these discussions with the inclusion of the owners of Phil's Body Shop, Inc., to determine if an agreement can be reach to allow continued use of both businesses for a specified time period and then the businesses would relocate to a properly zoned and regulated location. NOTION by Willard to table the final decision until it can be determined whether an agreement can be reached between the city and the Andersons in representing Phil's Body Shop, Inc. and AAA Salvage. Second by Napper. Ayes: Napper, Knutson, Tucker, Willard, Walsh. Nays: 0. Administrator Stephan Jilk updated Council on his discussions with the University of Minnesota regarding the fire contract between the city and the university. Jilk advised university officials have reviewed the revised fire contract as approved at the October 6, 1987 council meeting, and they have requested two changes. The administrator reviewed these changes with Council. The major change would be to revise the termination clause from a 30 day notice to 180 day notice but prior to the anniversary date and the ability to begin negotiations on September 1 of each year rather than in the final year of the contract. Council unanimously agreed to these changes. See Clerk's File 1987-25. City Engineer Rich Hefti reviewed the petition received from the Rosemount United Methodist Church to vacate an existing drainage easement on the South side of their property that is adjacent to the north boundary of Camfield Park. Hefti requested time to allow staff to review the petition in more detail before setting a hearing date. See Clerk's File 1987-25. ROSEMOUNT CITY PROCEEDINGS . REGULAR MEE OCTOBER 20, 7 MOTION by Knutson to accept the petition to vacate a drainage easement from United Methodist Church and to place it on file. Second by Tucker. Ayes: Knutson, Tucker, Willard, Walsh, Napper. Nays: 0. Administrator Stephan Ji 1 k reviewed his memorandum of October 15, 1987 regarding the hiring of additional personnel and the realignment and reassignment of existing personnel for the positions of receptionist, field technician, public works foreman, public works support person and parks foreman. The memorandum also contained the administrator's recommendation to purchase four additional workstations. Administrator Jilk and City Engineer Rich Nefti reviewed the job descriptions with the Councilmembers and answered several questions regarding new equipment needs, reduction of engineering consulting fees, and the communications and meetings the administrator and city engineer have had with the affected personnel. See Clerk's File 1987-25. MOTION by Walsh to accept the job descriptions of the public works foreman and parks foreman with the addition of the required Class C sewer and Class B water certificates to the parks foreman job description; to establish a parks foreman position as set out in the job description; to set a salary range for the parks foreman and public works foreman of $28,000-$33,000 per year, with no additional license pay after December 31, 1988; to appoint Donald Brown to the position of public works foreman at the salary of $33,500 plus longevity and license pay; to appoint Rich Cook to the position of parks foreman at the salary of $31,075 plus longevity and license pay with increases to $32,000 at six month and $33,000 at twelve month successful probationary periods; and to make these position changes effective November 15, 1987. Second by Napper. Ayes: Tucker, Willard, Walsh, Napper, Knutson. Nays: 0. NOTION by Walsh to appoint Cindy Dorniden to the position of public works support person and to authorize salary and benefits for this position to be appropriated from the utility funds. Second by Napper. Ayes: Willard, Walsh, Napper, Knutson, Tucker. Nays: 0. MOTION by Knutson to approve the job description of receptionist and to authorize the advertisement to fill the position of receptionist with a salary range of $6.50-$8.00 per hour based on experience and qualifications. Second by Tucker. Ayes: Walsh, Napper, Knutson, Tucker, Willard. Nays: 0. MOTION by Napper to authorize advertisement for the position of field technician at an annual salary range of $22,000-$24,000. Second by Knutson. Ayes Napper, Knutson, Tucker, Willard, Walsh. Nays: 0. MOTION by Knutson to approve the job description for the position of field technician. Second by Willard. Ayes: Knutson, Tucker, Willard, Walsh, Napper. Nays: 0. MOTION by Knutson to concur with the administrator's recommendation for the purchase of four workstations not to exceed $10,000. Second by Napper. Ayes: Tucker, Willard, Walsh, Napper, Knutson. Nays: 0. s ROSEMOUNT CITY PROCEEDINGS i REGULAR NEE OCTOBER 20, 87 Administrator Stephan Jilk reviewed with Council a letter received from a resident who had submitted a claim to the city as a result of an injury incurred on a city street and the subsequent denial of any liability on the part of the city by the city's insurance company. The administrator also recommended denying the claim. The Council felt any decision should be tabled until they have an opportunity to review the insurance company's investigation report. See Clerk's File 1987-25. MOTION by Willard to accept the claim and to advise the claimant this matter will be tabled until Council reviews the investigation report of the insurance adjuster. Second by Walsh. Ayes: Willard, Walsh, Napper, Knutson, Tucker. Nays: 0. Council reviewed the resolution adopted by the Board of Supervisors of Grey Cloud Island Township, urging members of Congresstooppose the Vento Bill, HR1530, which proposes to nationalize the Mississippi River in the Grey Cloud Island Township area. The board requested similar action by the Council to support their opposition. Council referred this back to staff for further research and recommendation. See Clerk's File 1987-25. City Engineer Rich Hefti requested Council approval of the plans and specification for Contract 1987-8, Erickson Park Softball Field Lighting, and to authorize advertisement for bids. See Clerk's File 1987-25. NOTION by Walsh to approve the plans and specification for Contract 1987-8 and to authorize the advertisement for bids with a bid opening date on November 13, 1987, at 10:00 a.m. Second by Napper. Ayes: Walsh, Napper, Knutson, Tucker, Willard. Nays: O. MOTION by Willard to adopt Resolution 1987-78, A RESOLUTION FOR LANDFILL FUNDING ASSISTANCE REQUEST FOR THE CONTINUED OPERATION OF A GOODWILL ATTENDED RECYCLING CENTER. Second by Tucker. Ayes: Napper, Knutson, Tucker, Willard, Walsh. Nays: 0. Admi ni strator Stephan Jit k presented to Council the 1988 water and sewer operating budget for their review and approval at the November 3, 1987 Council meeting. Mayor Knutson reminded Council and staff of the rural water meeting scheduled by the University of Minnesota for the residents in east Rosemount with contaminated wells. The meeting is scheduled for October 21, 1987, at 7:00 p.m. at City Hall. Mayor Knutson reminded Council of the panel discussion to be hosted by Rosemount on October 22, 1987 at 7:00 p.m. in the council chambers. The panel will be made up of representatives of the Southwest Metro Transit System and other cities who have opted out of the Metropolitan Transit System. The panel will discuss their experiences of opting out as well as the problems, concerns and benefits. Those communities besides Rosemount who are interested in providing other means of transit service have been notified of the meeting. Mayor Knutson informed Council of the League of Minnesota Cities policy meeting scheduled for November 18, 1987. The administrator advised he will be attending. ' ROSEMOUNT CI PROCEEDINGS REGULAR ME'11 OCTOBER 209 1787 Administrator Stephan Ji 1 k advised he hoped to submit a recommendation on salary reviews and adjustments for nonunion positions for 1988 at the November 3, 1987 Council meeting. MOTION by Willard to adjourn. Second by Walsh. Ayes: 5. Nays: 0. Respectfully submitted, Susan M. Johnson Council Secretary/Deputy Clerk ATTEST: Stephan Jilk Administrator/Clerk Published this day of 1987, in Dakota County Tribune.