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HomeMy WebLinkAbout6.a. Minutes of January 19, 1999 Regular City Council Meeting ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1999 Administration of oath and installation of Councilmember Cisewski by Mayor Busho. Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 19, 1999, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. ' Mayor Busho called the meeting to order with Councilmembers Cisewski, Edwards, Wippermann and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, Assistant to Administrator Walsh,Public Works Director/City Engineer Osmundson, Finance Director May, Parks &Recreation Director Topitzhofer, and Community Development Director Rogness. The Pledge of Allegiance was led by Councilmember Cisewski. One item was added to the Consent Agenda, Item 6.m. Decertification - TIF District No. 1-1 (Knutson District). There were no public comments or responses to public comments. ZLpdate on Diamond Path Street and Utilitv I�nprovementc,� Pro�ect 307 � Public Works Director Osmundson presented an update on improvements to Diamond Path between CR42 and 160th Street. Planning has been shared with Dakota County, Apple Valley, and Rosemount. Right-of-way is on the Rosemount side of the Rosemount/Apple Valley border north of 155th Street and on the Apple Valley side of the boarder south of 155th Street. This project will provide a main collector street for northbound traffic from the areas west of Shannon Parkway and south of CSAH 42. It will also provide access from the new County Road 46 (160th Street) when that is constructed in the year 2000-2001.There will not be a need for assessments; funding has been budgeted into the Capital Improvement Plan and there is cost sharing at 55% for Dakota County, and 22.5% for Apple Valley, and 22.5% for Rosemount. An open house will be held at the Dakota County Western Service Center in Apple Valley on February 24. �ons�nx�genda The Consent Agenda was approved with the addition of Item 6.m. Decertification- TIF District No. 1-1 (Knutson District). MOTION by Wippermann to approve the Consent Agenda with the addition of Item 6.m. Decertification - TIF District No. 1-1 (Knutson District). Second by Edwards. Ayes: Five. Nays: None. Motion carried. a. Minutes of January 5, 1999 Regular City Council Meeting b. Approval of Bills Listing c. Transfer/Loan - Flexible Spending Account d. Public Works Building Addition Financing e. Receive Feasibility Report/Order Plans & Spec's for Shannon Pond South Street & Utility Improvements, City Project 288 f. Receive Feasibility Report/Order Plans&Spec's for Rosemount Commons Addition Street & Utility Improvements, City Project 300 g. 1999 Agricultural Preserves Certification ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1999 h. Set Meeting Dates i. Pay Equity Report j Amendment to LELS Labor Agreement k Amendment to Teamster Labor Agreement 1 On-Sale Licenses On Public Premise / Community Center ' m. Decertification- TIF District No. 1-1 (Knutson District) Tavern on 42 Rezoning, Former Tom Thumb, 15040 Canada Avenu� Community Development Director Rogness reviewed the tabled request for zoning changes to allow a restaurant at 15040 Canada Avenue. It is a .8 acre lot which is zoned C-1, Convenience Commercial, and for which a C-4 zoning, General Commercial, to allow a restaurant is requested by John A.Ursino and partners.The Planning Commission recommended the rezoning after a public hearing at their December 22, 1998,meeting. Council asked the definition between C-4 zoning and C-3 zoning. C-3 was described as "more highway oriented" such as auto service, truck stop, lumberyard,or a business with outside storage. C-4 is commercial including taverns,restaurants,and service businesses. C-4 would conform to the same zoning as on the property next to 15040 Canada � Avenue. MOTION by Wippermann to adopt an ordinance Amending Ordinance B City of Rosemount Zoning Ordinance rezoning the property at 15040 Canada Avenue to C-4, General Commercial. Second by Carroll. Ayes: Wippermann, Busho, Carroll, Edwards, Cisewski. Nays: None. Motion carried. Order Feasibilitv�R port- CH 46/160th Street Pro�ect. Ci Pro�ect 284 Public Works Director Osmundson noted that this project entails the construction of County Highway 46 on the 160th Street alignment from just west of Pilot Knob in Apple Valley all the way to the east side of Coates where it will connect with the existing CH48. Planning has included discussions and agreements with Dakota County,University of Minnesota,City of Apple Valley and the City of Rosemount. A public hearing will be required. An open house will be held on February lOth from 5:00 p.m. to 7:00 p.m. at the Dakota County Western Service Center in Apple Valley. Construction will take two years and begin in 2000. MOTION by Edwards to adopt A RESOLUTION ORDERING A FEASIBILITY REPORT FOR COUNTY HIGHWAY 46/160TH STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 284. Second by Carroll. Ayes: Busho,Carroll,Edwards,Cisewski, Wippermann.Nays: None. Motion carried. P B .I H . RiN t: iley-W�y Vacation Mayor Busho opened the Public Hearing for an Alley-Way Vacation.The recording secretary noted that the required Affidavits of Posted and Published Notices were on file. Mayor Busho then reviewed the Public Hearing process for the audience. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1999 Public Works Director Osmundson noted that this alley way was utilized by the City prior to the construction of this former grocery store building west of the and north of Lower 147th Street,but no longer provides a public purpose. The block building on the site actually was built over a 10 foot portion of the old alley in 1977. This vacation will clean up the title for resale of the vacant business building. No public testimony was received. - MOTION by Edwards to close the Public Hearing for An Alley-Way Vacation. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION CAUSING A PUBLIC ALLEY VACATION ON LOT 61,AUDITOR'S SUBDIVISION NO.1. Second by Carroll. Ayes: Edwards, Cisewski, Wippermann, Busho, Carroll. Nays: None. Motion carried. Tavern On 42 L.iauor L.icense Auplication Assistant to the City Administrator Walsh reviewed information about the liquor application which had been tabled from the January Sth City Council meeting. John Ursino presented a floor plan with dimensions and seating arrangements. Ursino said they were willing to change the name of the restaurant to "Ursinos."Ursino also presented several petitions with signatures of residents in favor of the new restaurant.The liquor license period would be from March 1, 1999 to December 31, 1999. Mayor Busho noted that other states require proof of food to liquor sales percentages and suggested that Rosemount should also. In Montana it is a 70/30 percentage split and Washington has a 60/40 percentage split. City Attorney LeFevere noted that this would not apply to this applicant if approval was given tonight because it would require an amendment to the existing liquor ordinance. Mayor Busho wanted assurances that this business would not be primarily a bar. Councilmembers Carroll and Wippermann were in favor of an additional choice for a local restaurant. Councilmembers Edwards and Cisewski had concerns about the liquor sales as did Mayor Busho. Mayor Busho opened the meeting for public comment. Dick Heinen, 3110 145 Street West, said he was a fifth generation Rosemount resident and he urged City Council to grant the requested liquor license. Ed McMenomy, 4122 143rd Street West, said given the plans and specifications this food based family run restaurant would be a welcome addition to Rosemount. McMenomy supported the approval of a liquor license. Steve Kopel, 13757 Danbury Path, said the concept is great, it would be good for residents. Kopel is a business owner near by and would like to see a family style restaurant rather than a vacant building. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1999 Janet Oster, 14793 Dodd Boulevard, said she is related to Fluegels(part owner of the applicant) and knows that they are family oriented and that they would keep their promises as to promoting a "family" style restaurant. Glen Uitdenbogerd, 14625 Chippendale Avenue, said he was retired and felt t�is type of restaurant would be used by seniors extensively.Rosemount has many parks and ballfields for youths but the seniors would like some amenities also. Uitdenbogerd said, "If you want to keep people in Rosemount, give them more choices." John Kaye, 13768 Danbury Path,said he didn't know the owners,but he has lived here ten years and would like to see a family restaurant with liquor. Kaye thought it was unfair to suggest to change the liquor ordinance now, after the application has been made. MOTION by Wippermann to approve the issuance of an Intoxicating Liquor License and Special Sunday Liquor License to Tavern On 42 (or Ursino's) for the period of March 1, 1999 through December 31, 1999. Second by Carroll. Ayes: Wippermann, Carroll. Nays: Cisewski, Busho, Edwards. Motion failed. Mayor Busho invited the applicant back for future discussion and directed staff to be prepared to discuss adding food to liquor percentages at a future work session. Comnrehencive GLide Plan Amendment Dakota CoLntv HRA and M&H Inc. Community Development Director Rogness reviewed this joint venture by Dakota County HRA and M&H, Inc. which had been continued from the January Sth City Council meeting. The property would have two separate developments with the HRA developing and managing the southern side including 40 or 46 rental townhomes and the northern side with 33 owner occupied twinhomes developed by M & H, Inc. Rogness presented two options to proceed. Option A would include HR(High Density Residential)/UR(Urban Residential) Comp Plan Amendments and zoning for R-2 and R-3 with a Planned Unit Development(PUD) and no variances. Option B would include only a UR Comp Plan Amendment,zoning to R-2, a PUD, and two variances: 1)rental inclusion and 2) allowing single car garages. Mark Ulfers,Director of Housing and Redevelopment,noted that they do not have any program for single family housing. The Family Housing Partnership Program is resource driven and has funding available this year for build out next year. This is a long term commitment for managing this complex. The public housing by the central offices (2496 145th Street West) has been managed by HRA since 1981,when they were built. Affordable housing is needed in Dakota County. Families with incomes under $24,000 would be eligible for these rentals. People do struggle to make ends meet and try to improve on their education or employment at the same time. Council voiced concerns for unit density, nearness of railroad tracks, guarantee of property value, the concentration of affordable housing, the location of this project, the need for more single family detached units within Rosemount, and the proposed mix of housing types. Councilmember Carroll noted he was in favor of the project and saw a need as industries look to develop in Rosemount to have affordable housing for their employees. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1999 MOTION by Carroll to adopt A RESOLUTION TO AMEND THE COMPREHENSIVE GUIDE PLAN changing the land use designation for the 16 acre parcel west of Biscayne Avenue, north of the National Guard OMS property to UR - Urban Residential. Lack of second. Motion failed. MOTION by Carroll to adopt A RESOLUTION TO AMEND THE COMPREHENSIVE GUIDE PLAN changing the land use designation for the 16 acre parcel west of Biscayne Avenue, north of the National Guard OMS property to HR - High Density Residential and UR - Urban Residential. Lack of second. Motion failed. MOTION by Edwards to direct staff to prepare findings in support fo denial of the comprehensive guide plan amendment, the rezoning and the concept Planned Unit Development, and to notify the applicants of a 30-day extension in order to prepare such findings. Second by Busho. Ayes: Edwards, Cisewski, Wippermann, Busho. Nays: Carroll. Motion carried. Mayor Busho adjourned the regular meeting at 10:31 p.m. Respectfully submitted, Linda Jentink, Recording Secretary Susan M. Walsh, City Clerk The City Council Agenda Packet is Clerk's File 1999-03. 5