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HomeMy WebLinkAbout6.a. Minutes of June 6, 2000 Regular City Council Meetingii 1� 6 - ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 6, 2000, at 7:30 pm. in the Council Chamber at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Klassen, Cisewski, Caspar and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, Parks and Recreation Director Schultz, City Planner Pearson, Police Chief Kalstabakken, Finance Director May, Community Development Director Parsons, Public Works Director /City Engineer Fick, Water Resource Engineer Morris, Sr. Engineering Technician Fremder, and Engineering Consultants Weiss and Simons. This Week News Reporter Patrick Byrne led the group in the Pledge of Allegiance. The agenda was amended by adding to the Consent Agenda Item 6.t. Motion to Approve the Port Authority Sale to Webb Development and Old Business: 8.b. Evermoor Development Wetland Conservation Wetland Replacement Plan City Project 321. Also a Closed Session was requested by the City Attorney to discuss CMC Heartland. No one presented public comment and there was no response to prior public comment. P and Acceptance of 1999 Comprehensive Ann Financial Report (CAFR) Finance Director May reported on the Financial Audit for 1999. Jerry Reutzel of Boeckermann, Heinen, & Mayer reviewed the process used to interpret data and assess the reporting and acceptable principles used. The 1998 CAFR received an Excellence Award and there were no major changes in procedures from that time. City staff is aware that the Government Accounting Standards Board has begun an infrastructure reporting which is not required yet. Rosemount has not begun reporting infrastructure but is preparing to do so in the future. MOTION by Edwards to adopt A RESOLUTION ACCEPTING THE 1999 COMPREHENSIVE ANNUAL Fl1NANCI4,L REPORT. Second by Klassen. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Dakota County CIP Public Works Director /City Engineer Fick and City Administrator Burt met with the Dakota County staff concerning their Capital Improvement Projects budget for 2001- 2005. The request for input from the County is only from their Highway Department. Council wished to also highlight other interests such as the need for a library. Staff will include this in the letter. Council consensus was to have staff return a letter to the Dakota County Highway Department with recommendations similar to last year's letter. City Administrator Burt noted that projects such as libraries are triggered on population thresholds, that being 22,000 for our area. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 Consent Agenda MOTION by Klassen to approve the Consent Agenda with the removal of Item 6.p and 6.q. for discussion and the addition of Item 6.t. Motion to Approve the Port Authority Sale to Webb Developers. Second by Edwards. Ayes: Five. Nays: None. Motion carried. a. Minutes of May 16, 2000 Regular City Council Meeting b. Minutes of May 10, 2000 Special City Council Meeting c. Minutes of May 10, 2000 Committee of the Whole Work Session d. Bills Listing e. Donation Account Expenditure for D.A.R.E. Funds f. Transfer/Loan - Flexible Spending Account g. Letter Declining the Payable Year 2001 Transit Tax Levy By the City of Rosemount h. Resignation of Firefighter i. Consider Changing Status of Part -time Employee to Full -time j. Temporary On -Sale 3.2 % Malt Liquor License for Rosemount Jaycees at Leprechaun Days k. Renewal of 3.2% o Malt Liquor Licenses for 2000 -2001 1. Appoint City Council Advisory Commissioners and Commission Chair Appointments m. Reaffirming Precinci Polling Locations n. Biscayne Pointe 2nd Addition Street & Utility Improvements, City Project 309 o. Biscayne Pointe 3' Addition Street & Utility Improvements, City Project 313 p. Encroachment Agreement for Mid- America Pipeline Company Rosemount Business Park Phase 2, City Project 308 Pulled for discussion. q. Encroachment Agreement for Northern Natural Gas Pipeline Rosemount Business Park Phase 2, City Project 308 Pulled for discussion. r. Resolution Abandoning City Project 299 and Reallocating Bond Proceeds s. Competitive Cable Franchise Policy t. Motion to Approve Port Authority Sale to Webb Developer Encroachment Agreement for Mid - America Pipeline Company Rosemount Business Park Phase 2, City Project 308 City Attorney LeFevere explained the insurance indemnity connected with the pipeline easement. Discussion ensued. MOTION by Klassen to enter into an Encroachment Agreement with Mid- America Pipeline Company (MAPCO) in the Rosemount Business Park, Phase 2 Street and Utility Improvements, City Project 308 and to authorize the necessary signatures. Second by Cisewski. Ayes: Cisewski, Busho, Caspar, Klassen. Nays: None. Present: Edwards. Motion carried. Encroachment Agreement = Northern Natural Gas Pipeline. Rosemount Business Park Phase 2. City Project 308 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 City Attorney LeFevere explained the insurance indemnity connected with the pipeline easement. Other cities have the same liabilities and their attorney for the League of Minnesota Cities was interested in looking into this and railroad encroachments to improve risk management for all cities. Council consensus was to direct staff to work with the League of Minnesota Cities and develop a timetable of goals. City Administrator Burt noted the encroachment agreements could be negotiated anytime. The encroachments in the Business Park are in street easements not under parking lot areas. MOTION by Cisewski to enter into the Encroachment Agreement with Northern Natural Gas Company -in the Rosemount Business Park, Phase 2 Street and Utility Improvements, City Project 308, and to authorize the necessary signatures subject to more favorable terms. Second by Busho. Ayes: Busho, Caspar, Klassen, Cisewski. Nays: None. Present: Edwards. Motion carried. PUBLIC HEARINGS Assessment Hearings Mayor Busho explained the Public Hearing procedure and confirmed with City Clerk Jentink that the affidavits of public notice and publication were on file. Assessment Hearing for Rosemount Commons Street & Utility Improvements, City Project 300 Public Works Director Fick presented the assessments for Rosemount Commons, a townhome development off Chippendale Avenue south of the movie theater. The total project cost is $877,190 assessed to the developer over a five year period at an interest rate of 6.815 %. Mayor Busho opened the Public Hearing. There was no one present in the audience for input. MOTION by Busho to closed the Public Hearing for Rosemount Commons Street & Utility Improvements, City Project 300. Second by Klassen. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR ROSEMOUNT COMMONS, STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 300. Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Assessment Hearing for Conley Avenue Street & Utility Improvements. City Project 303 Public Works Director Fick presented the assessments for the service road for a major trucking firm and 3 other businesses east of Highway 52 connecting to County Road 42. The total project cost was $1,587,747 with $109,700 coming from city funds, $350,000 from MnDot, and the remaining $1,128,047 to be assessed to the four properties along Conley Avenue. The project will be assessed over a ten year period at an interest rate of 6.696 %. Mayor Busho opened the Public Hearing. There was no one present in the audience for input. 3 ROSEMOUNT CITY PROCEEDINGS j REGULAR MEETING JUNE 6, 2000 MOTION by Caspar to close the Public Hearing for Assessment Hearing, Conley Avenue Street & Utility Improvements, City Project 303. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. MOTION by Klassen to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CONLEY AVENUE STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 303. Second by Cisewski. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. Assessment Hearing for McNamara Addition, Phase 2, Street and Utility Improvements, City Project 304 Public Works Director Fick presented the assessments for the commercial lots in the McNamara Addition, Phase 2. The total cost was $1,589,579 with $39,219 from City Storm Water Core Fund for trunk over sizing and $428,048 from Dakota County. The remaining $1,122,312 will be assessed to the outlots in the McNamara Addition over a ten year period at an interest rate of 6.696 %. Mayor Busho opened the Public Hearing. There was no one present in the audience for input. MOTION by Caspar to close the Public Hearing for McNamara Addition, Phase 2, Street and Utility Improvements, City Project 304. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Caspar to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR MCNAMARA ADDITION, PHASE 2, STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 304. Second by Klassen. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Assessment Hearing for Biscayne Pointe 2 °d Addition Street & Utility Improvements, City Project 309 Public Works Director Fick presented the assessments for Biscayne Pointe 2nd Addition a residential development which is off Biscayne Avenue, north of 145" Street West and also north of the railroad tracks crossing Biscayne Avenue. The total cost was $931,905 with $167,875 from city funds and . the remaining $808,903 to be assessed to properties in Biscayne Pointe 2° Addition. Mayor Busho opened the Public Hearing. There was no one present in the audience for input. MOTION by Klassen to close the Public Hearing for Biscayne Pointe 2n Addition Street & Utility Improvements, City Project 309. Second by Caspar. Ayes: Five. Nays: None. Motion carried. MOTION by Cisewski to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR BISCAYNE POINTE 2 ND ADDITION, STREET AND UTILITY IMPROVEMENTS, 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 CITY PROJECT 309. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Assessment Hearing for Biscayne Avenue Watermain Improvements, City Project 312 Public Works Director Fisk presented the assessments for Biscayne Avenue Watermain Improvements to bring water from County Road 42 south to 160 Street, Rosemount's southern border. The total project cost was $232,278 with $40,322 coming from City Water Core Funds and the remaining $191,956 accessed to properties along Biscayne Avenue. The project will be assessed over a ten year period at an interest rate of 6.815 %. Mayor Busho opened the Public Hearing. Susan Dehmlow, 15725 Biscayne Avenue West, submitted a letter of objection to their assessment. Dehmlow noted their frustration with land use issues in dete who was able to buy their land. They have had two different proposals which were rejected by the city planning department. Dehmlow requested a letter from city staff stating what land uses are possible. City Administrator Burt noted that the land is currently zoned Agricultural, but proposed as Business Park. Burt also noted that there is no guarantee that zoning will not change in the future with a different City Council or different city staff. Donald Wachter, 15247 Biscayne Avenue West, quoted a part of Minnesota Statutes which allows a senior citizen to have their assessment deferred. Rosemount does not have a policy set up for deferring an assessment. City Attorney LeFevere noted that that statute was for hardship limitations and it would require some financial hardship. Wachter asked to have the interest waived. The Council consensus was not to allow the interest to be waived. City Administrator Burt noted that the land is in Green Acres Program which allows the assessment to be deferred until time of sale of the property. The City Attorney noted that an objection letter preserves the right of the property owner to persist with a further hearing to protest the assessment amount. MOTION by Busho to close the Public Hearing for Biscayne Avenue Watermain Improvements, City Project 312. Second by Klassen. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR BISCAYNE AVENUE WATERMAIN IMPROVEMENTS, CITY PROJECT 312. Second by Klassen. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Concept Planned Unit Development for Rosemount Auto/Business Center at 3305 Carrousel Way City Planner Pearson presented the concept plan for mixed uses including auto detailing and sales with multiple office space for rent. This was originally before City Council on May 2, 2000. The applicant, Keith Gill, has provided a description of automobile detailing and expectations for the business center in a letter. Gill was present to answer questions from the City Council. Council was 5 v ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 concerned with the additional number of cars expected to be outside for display because they felt it was not an appropriate use to have this as a used car lot. Pearson noted that controls can be placed on this development because it is a Planned Unit Development. Pearson also noted that a zoning amendment would be requested to allow automobile parking outside for longer than two days. Councilmembers Klassen and Edwards were fundamentally opposed to the development. Councilmembers Cisewski, and Caspar, and Mayor Busho would accept the concept plan as long as specific restraints could be put into the Planned Unit Development agreement. Pearson noted that the 60 -Day Law would be extended by letter. MOTION by Caspar to adopt the amended resolution approving the concept Commercial Planned Unit Development for Rosemount Auto / Business Center. Second by Cisewski. Ayes: Caspar, Cisewski, Busho. Nays: Edwards, Klassen. Motion carried. Evermoor Development Wetland Conservation Act (WCA) Wetland Replacement Plan, City Project 321 Water Resource Engineer Morris presented the application for the Wetland Conservation Act Wetland Replacement Plan on behalf of Contractor Property Developers Company. Numerous agencies have reviewed the development through a Technical Evaluation Panel. The proposed plan includes 1.07 acres of wetland fill and .22 acres of wetland excavation. There would be a total of 8.69 acres of wetland replacement and 17.55 acres of wetland buffer areas, which exceeds Wetland Conservation Act requirements. Five conditions were accepted by City Council for the WCA: 1) The City is to acquire easements of adequate widths to accommodate the buffer area of the east side of wetland H, and the north side of the K/Q/R and Pond 2A complex. 2) The Developer is responsible for the installation of monuments to mark the outer edge of the wetland buffer zone, as required by the City of Rosemount comprehensive Wetland Management Plan. 3) The Developer (or the Developer's engineer) is responsible for monitoring the success of he replacement wetlands. As required by WCA Rule 8420.0620 and the City of Rosemount Comprehensive Wetland Management Plan, an annual monitoring report must be submitted to the City for five years after completion of construction. The City will require an adequate security to ensure that the monitoring will be performed. 4) The City of Rosemount and Westwood Professional Services will continue to work together with wetland vegetation experts to develop a reseeding plan for the buffer area of Birger Pond that will withstand the inundation between the normal and high water level of the pond. 5) Westwood Professional Services to acquire a permit for earthwork done below the DNR ordinary high water level. MOTION by Busho to approve the amended Wetland Conservation Act Wetland Replacement Plan (amended May 25, 2000), subject to conditions 1. to 5. as listed above. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. 0 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 Mayor Busho called for a five minute break. The meeting was reconvened at 10:20 p.m. f Solatball Inc. Conditional Use Permit City Planner Pearson presented the renewal by Todd Tanner for the Interim Use Permit (IUP) that allows the conduct of commercial outdoor recreation in the Agriculture District. The IUP was originally granted in 1994 with an annual review for compliance with the approved conditions of operation. The Agricultural District section of the zoning ordinance has since been amended with Commercial Outdoor Recreation becoming a conditional use instead of an interim use. Therefore, the renewal process includes conversion to a condition use (CUP). The site used is in the Mississippi River bluff area, which does not allow permanent buildings or operations. Staff suggested a three year renewal period since there have not been any complaints in the past. A public hearing was held at the Planning Commission, which approved the three year period. City Council consensus was to retain the two year renewal. Staff conceded. MOTION by Busho to recommend that the City Council adopt A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR SPLATTBALL, INC for two years. Second by Klassen. Ayes: Klassen,, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Huntington. Office/Warehouse Multiple Use Conceot Planned Unit Development for Carrousel Way City Planner Pearson presented the request of Daniel E. Huntington for a multiple tenant office /warehouse building proposed for a vacant lot on the west side of Carrousel Way. The PUD process is required because the building will have multiple uses and tenants. There will be four 400 sq. ft. office suites with 800 sq. ft. of warehouse space associated with each. The exterior will be brick or masonry. One entry will be a bay door for a service van. If this service company would move out, the door would be remodeled with a regular 3 ft. entry door for office space. Council emphasized they did not want an automobile service station here or car sales. Conditions can be applied in the PUD to insure this does not happen. MOTION by Edwards to adopt A RESOLUTION APPROVING THE CONCEPT COMMERCIAL PLANNED UNIT DEVELOPMENT FOR DANIEL E. HUNTINGTON. Second by Caspar. Ayes: Cisewski, Caspar, Edward, Klassen. Nays: None. Present: Busho. Motion carried. Meeting Date Changes Mayor Busho requested that the Committee of the Whole meeting be held June 14, 2000 be changed to Monday, June 12' so that staff and councilmembers that are at the League of Minnesota Cities yearly conference can be in attendance. F ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 Also, the first regular meeting in July for City Council falls on the national holiday, Independence Day, July 4. It is suggested to move that meeting to the following day, Wednesday, July 5 1e as well as the regularly scheduled Port Authority meeting. MOTION by Edwards to reschedule the work session of June 14 to June 12' and reschedule the July 4" City Council meeting and Port Authority meeting to July 5 2000 and have these changes published in the official newspaper, the Rosemount Town Pages. Second by Klassen. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Closed Session Attorney LeFevere advised that a closed meeting was probably not necessary and that the petition agreement for Bloomfield 2nd Development clearly states that the developer, CMC Heartland, agreed to pay for street and utility improvements. LeFevere advised to start collection action for the $135,000. MOTION by Edwards to commence collection action from CMC Heartland for Bloomfield 2' Addition street and utilities improvements. Second by Busho. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Announcements Parks and Recreation Director Schultz advised that the Kidder Park and Camfield Park community installs of playground equipment will not take place due to due to construction delays caused by the weather. The playground equipment company will complete the project and a dedication at each park will be announced. Mayor Busho adjourned the meeting at 11:04 p.m. Respectfully submitted, Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2000 -22. N