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Home My WebLink About4.a. Minutes of December 19, 1995 Regular City Council MeetingROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 19, 1995 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Wippermann, Staats, and Busho present. Also present were City Attorney LeFevere, City Administrator Burt, Community Development Director Rogness, Senior Planner Mack, Assistant Planner Pearson, Public Works Director /City Engineer Osmundson and Administration Intern Lotter. Mayor McMenomy led the group in the Pledge of Allegiance. One item was added to the Consent Agenda, 4.m. Budget Amendments for Donations Received Previously; and a Closed Session was added to discuss the Kelly Trust Assessment Agreement. Kevin Carroll gave an update on S.O.A.R. which will be having a rally on December 20th in Vermillion at 5 p.m. Arnie Carlson, Governor of Minnesota, gave his support this week announcing opposition to any relocation of the Twins Cities International Airport. Ted Mondale, DFL indorsed, is authorizing a bill that deals with these same issues and would restrict Metropolitan Council from land banking for an airport. The Governor is calling for all airport related reports to be completed very soon and have the entire issue come to a close. Another organization, A.S.A.P. (Association for Sensible Airport Planning) which had a low profile before has decided to actively pursue the Governors platform. A Public Hearing will be January 17, 1996, at 7 p.m., at Hastings Senior High School and also a Public Hearing will be held January 18, 1996, 7 p.m. at Washburn High School in Minneapolis. The Machinists' Union has also stated that it is against any moving of the Twin Cities International Airport. This Union has 25,000 members with 11,000 of them working in the Twin Cities area. Councilmember Wippermann made presentations to Mayor E.B. McMenomy and Councilmember James "Red" Staats in appreciation for their last four years of public service in the City of Rosemount. Each received a wall plaque and the appreciation of staff, city council, and residents. The Consent Agenda was discussed. MOTION by McMenomy to approve the Consent Agenda with the addition of 4.m. Budget Amendments for Donations Received Previously and a change to the December 5, 1995 Regular City Council minutes with the addition of the word "initially" to the fourth paragraph, fourth sentence. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Community Development Director Rogness directed that the city's financial advisor noted new legislative laws that could restrict city funds of Tax Increment Districts, specifically, TIE District No. 1 -2. Rosemount has the option of changing the previously required LGA/HACA penalty to a "local contribution" of 7.5 percent of the actual annual tax increment. If further changes occur in the legislature this will allow the city to change back to LGA/HACA, but if the option of local contribution is not made the city must remain in the LGA/HACA program even if it is not beneficial. This is basically a protection which allows the city more choices to better direct its financing. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1995 MOTION by Wippermann to approve a RESOLUTION PLEDGING A CONTRIBUTION OF UNRESTRICTED FUNDS IN SUPPORT OF A TAX INCREMENT FINANCING PROJECT that will amend the penalty in TIF District No. 1 -2 from LGA/HACA to a local contribution from unrestricted funds. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. City Administrator Burt noted that Lisa Jost announced plans to accept a position with the City of Maple Grove as Community Center Manager. Lisa worked for the City for twelve years in the Parks and Recreation Department. She is a very dedicated employee. Both staff and residents will certainly miss her. The City will host an open house on December 20, 1995, 4 p.m. to 6 p.m. for Lisa at the Community Center. MOTION by McMenomy to accept the resignation of Lisa Jost, Recreation and Community Center Manager, effective January 2, 1996. Second by Anderson. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Public Works Director /City Engineer Osmundson gave an overview of the 1996 street and utility reconstruction improvement project, City Project 266. The area affected is Cameo Avenue from 145th Street to Lower 147th Street, Lower 147th from Canada Avenue to Burma Avenue, and Burma Avenue from Lower 147th Street to 146th Street. The reconstruction will include total street reconstruction, water, sanitary sewer, storm drain, sidewalk, some electrical relocation, and possible street light replacement. The total project cost is estimated at 2.6 million dollars and the proposed assessment per single family lot is $2,500. An informational meeting will be held December 21, 1995 at 6:30 p.m. at City Hall. The public hearing is scheduled for January 16, 1995, at 8:00 p.m. MOTION by McMenomy to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT /SET PUBLIC HEARING, 1996 STREET AND UTILITY RECONSTRUCTION IMPROVEMENT PROJECT, CITY PROJECT 266. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy noted that the public hearings would proceed and the recording secretary noted that the published, posted, and mailed affidavits were on file for each. Mayor McMenomy opened the Eastbridge Townhomes Planned Unit Development - Final Development Plan, Preliminary Plat and Rezoning. Assistant Planner Pearson reviewed the plat of Eastbridge Townhomes by CMC Heartland Partners showing 72 townhomes. The Planning Commission carefully placed eight conditions on the approving resolution, two of which CMC had objections to. They were: 1) relocation of the rail spur consistent with the design of the site plan dated 10/27/95 prior to approval of a final plat; and 2) provision of a cross - access circulation easement with Lot 15, Auditor's Subdivision No. 1 (quonset hut site) prior to approval of a site plan for commercial development. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1995 Council discussed avoiding land locking Lot 15 and provisions for such. City Attorney LeFevere developed verbiage to trigger an easement, but not until such time as it is needed. Glen Sexton, representing CMC Heartland Partners said it would be an incompatible use to have 18 wheelers crossing a commercial parking lot. Council consensus changed condition #6. as follows: "provision of a cross - access circulation easement with Lot 15, Auditor's Subdivision No. 1 (quonset hut site) prior to approval of a site plan for commercial development; such easement (which shall be provided in lieu of a dedicated public road) shall not become effective until: 1) zoning of Lot 15 is changed to a commercial district consistent with the Comprehensive Plan; 2) the use of Lot 15 is changed to a use permitted in the commercial zoning district in effect after such rezoning; and 3) access to Lot 15 is not permitted by a competent legal authority to either Highway 3 or County Road 42." Council decided not to change the railroad spur condition. Renee Stevenson, 14600 Cameo, thought that this would be an undue hardship for the existing business on Lot 15. MOTION by McMenomy to close the Public Hearing for Eastbridge Townhomes Planned Unit Development: Final Development Plan, Preliminary Plat and Rezoning. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by McMenomy to adopt an amended RESOLUTION APPROVING 111E EAST BRIDGE TOWNHOMES FINAL MIXED USE PLANNED UNIT DEVELOPMENT AND EAST BRIDGE TOWNHOMES PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by Wippermann to indefinitely table the rezoning from IP Industrial Park to R -2 Single Family Attached Residential and C -4 General Commercial with approval of final plat, subject to submission of a written request from the developers. Second by Busho. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for the Zoning and Subdivision Ordinance Text Amendments for Planning Commission Conducted Public Hearings. Assistant Planner Pearson explained that the amendment to the zoning and subdivision ordinances would shift public hearings from the City Council to the Planning Commission meetings. This would allow public input at an earlier point in development and streamline the process. The Planning Commission meetings will be the second and fourth Tuesdays of each month at 6:30 p.m. and all public hearings will be at 7:00 p.m. MOTION by McMenomy to close the Public Hearing for the Zoning and Subdivision Ordinance Text Amendments for Planning Commission Conducted Public Hearings. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1995 MOTION by Busho to adopt a Zoning Ordinance Text Amendment that will shift public hearings from the City Council to the Planning Commission for planned unit developments and ordinance amendments. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Buhso. Nays: None. MOTION by Busho to adopt a Subdivision Ordinance amendment that will shift public hearings from the City Council to the Planning Commission for preliminary plats. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy opened the Public Hearing for the Mineral Extraction Permit Renewal for Lance Johnson and Freidges Landscaping. Assistant Planner Pearson reviewed the Mineral Extraction Permit renewal for Freidges Landscaping. The ongoing sand and gravel extraction has been in operation many years and the City has not received any complaints as a result of the 1995 operating season. The Planning Commission recommended its approval on November 28, 1995. MOTION by McMenomy to close the Public Hearing for the Mineral Extraction Permit Renewal for Lance Johnson/Freidges Landscaping. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by Wippermann to approve the renewal of the mineral extraction permit for Lance Johnson/Freidges Landscaping subject to the attached conditions for 1996. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Mayor McMenomy opened the Public Hearing for the Mineral Extraction Permit: 1996 Marley Danner, 4594 145th Street East. Assistant Planner Pearson explained the request of Marley Danner of Danner, Inc. for a mineral extraction permit and an asphalt plant if needed for the property owned by Richard and Ramona Cordes at 4594 145th Street East. The 75 acre lot is on the south side of SCAR 42, about one mile east of STH 52. They anticipate extraction of 100,000 cubic yards material each year for nine years. One objection was voiced to planning staff regarding the asphalt plant from the adjacent property owner to the east. The Planning Commission did recommend approval of the permit with the asphalt plant on November 28, 1995, emphasizing safety and fencing. Frank Knoll, 4322 145th Street East, was against another mineral extraction company in his neighborhood. Knoll objected to more trucks and noise in his area and especially to smells from an asphalt plant. MOTION by McMenomy to close the Public Hearing for the Mineral Extraction Permit: 1996 for Marly Danner at 4594 145th Street East. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by Busho to approve the mineral extraction permit excluding the asphalt plant for 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1995 Danner, Inc. subject to the sited operating conditions for 1996. Second by Wippermann. Ayes: Busho, Anderson, Wippermann. Nays: McMenomy, Staats. Motion passed. MOTION by McMenomy to adjourn to the two Closed Executive Sessions for Kelly Trust Assessments and the City Administrator's Performance Evaluation and adjourn the regular City Council meeting. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. The regular meeting was adjourned at 9:40 p.m. Respectfully submitted, Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1995 -29. 5