HomeMy WebLinkAbout4.a. Minutes of April 5, 1994 Regular City Council Meeting � � ROSEMOUNT CITY PROCEEDINGS
' RSGULAR MEETING
APRIL 5, 1994
Pursuant to due call and notice thereof a regular meeting of the
Rosemount City Council was duly held on Tuesday, April 5, 1994 at
7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street
west .
Ma.yor McMenomy called the meeting to order with Councilmembers
Wippermann, Anderson, Staats, and Busho present. Staff present
included: City Attorney Miles, City Administrator Burt,
Administrative Assistant Walsh, Assistant Planner Pearson, Economic
Development Coordinator John Miller, City Engineer Osmundson,
Community Center Manager Topitzhofer, and Fire Chief Aker.
Mayor McMenomy lead the group in the Pledge of Allegiance.
One item was added to the Agenda under Department Heads Reports:
Law Enforcement Night (3 .d. ) .
Community Center Ma.nager Topitzhofer reported on the International
Ringette Tournament hosted by the South St. Paul Wakota Arena and
the Rosemount Community Center. Topitzhofer presented participation
rnedals to the City Council for their support. Sheila Klassen noted
the people and planning involved to successfully co-host this world
class event. Klassen presented Council with a framed proclamation
from Minnesota Governor Arne Carlson. A crystal vase was received
from Russia with gratitude and a standard (banner) from the
International Ringettes Association from Finland. Mayor McMenomy
and City Council thanked all those who helped with the Ringette
' Tournament.
Fire Chief Scott Aker presented the semi-annual report from the
Fire Department. There are now 30 volunteer members which Aker
would like to see increased to about 45 members. A number of fire
vehicles need to be refurbished or replaced. An accountability
system was created and presented to the Dakota County Fire
Association which was adopted for use by Dakota County. The new
automatic defibulator has been used and has saved lives already. A
°fire prevention trailer" is being constructed for educating
children in fire safety. Chief Aker invited Council to contact him
at anytime with questions or feed back.
Ed Dunn, former president of the Port Authority, gave the Annual
Report for the Port Authority. Each project from their goals list
had been addressed and several new projects began. The largest
cost overrun was the relocation of the businesses on Highway 3 on
the National Guard Armory/Community Center site. The Rosemount
Business Park moved ahead faster than projected with additional
costs for engineering and planning. The mission of the Port
Authority had moved ahead in 1993 - 1994 .
Councilmember Busho commented tha� the Law Enforcement Night held
by the Police Department on March 15, 1994, was a great success. �
It was attended by over 90 people. Chief Knutsen and his officers ',
did a wonderful job of letting us know what the Police Department '
is all about. Busho encouraged this to be a annual event. ',
MOTION by McMenomy to approve the Consent Agenda without items
(4 .f . ) Temporary On-Sale Beer License and (4.m) Community Center
ROSBMOUNT CITY PROCELDINGS ` �
REGULAR MEETING '
APRIL 5, 1994
Commission Appointment, which will be discussed later. Second by
Wippermann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy.
Nays: None.
Ma.yor McMenomy reviewed the public process for public hearings for
the audience.
Mayor McMenomy opened the Public Hearing for the Shannon Hills 6th
Addition, Street and Utilities Improvements, City Project 251. The
recording secretary noted that the Affidavits of Published, Ma.iled,
and Posted Notices were on file from the continuation of the March
2, 1994 Public Hearing, Clerk' s File 1994-8 .
City Engineer Bud Osmundson reviewed the Shannon Hills 6th Addition
project. Brian Bourassa, OSM Engineering, gave an overview of the
improvements and costs . Trunk pipe costs and lift station purnps
required for the storm sewer will be paid for from the Storm Water
Core Fund. Ground Development Corporation will be responsible for
the remainder of the assessment . This is scheduled to begin this
summer and will continue to next year to completion.
MOTION by Staats to close the public hearing for the Shannon Hills
6th Addition, Street and Utilities Improvements, City Project 251.
Second by Wippermann. Ayes : Busho, Anderson, Wippermann,
McMenomy, Staats. Nays: None.
MOTION by Wippermann to adopt A RESOL'UTION FOR THE APPROVAL AND
ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR� TFiE
SHANNON HILLS 6TH ADDITION STREET AND IITILITIES IMPROVED�lENTS, CITY
PROJE�CT NO. 251. Second by Staats . Ayes: Anderson, Wippermann,
McMenomy, Staats, Busho. Nays : None.
Ma.yor McMenomy opened the Public Hearing for 0'Leary' s Hills 7th
Addition: Rezoning from Agriculture to Single Family Residential .
The recording secretary noted that the Affidavits of Published, '
Mailed, and Posted Notices were on file. I
Assistant Planner Pearson reviewed the rezoning request for
0'Leary' s Hills 7th Addition.
MOTION by McMenomy to close the public hearing for a rezoning
request for 0'Leary' s Hills 7th Addition. Second by Staats. Ayes:
Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None.
MOTION by Anderson to adopt ORDINANCE B-37 AN ORDINANCE AMENDING
ORDINANCE B - CITY OF ROSEMOUNT ZONING ORDINANCE D�AICH PROVIDFsS FOR
THE REZONING OF O'LEARY'S HILLS SEVENTH ADDITION FROM (AG)
Agriculture to (R1) Single Family Resideatial (Detached) . Secoad
by McMenomy. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann.
Nays : None.
Mayor McMenomy opened the Public Hearing for 0'Leary' s Hi11s 8th
Addition: Rezoning from Agriculture to Single Family Residential .
The recording secretary noted that the Affidavits of Published,
Ma.iled, and Posted Notices were on file.
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, � ROSEMOUNT CITY PROCE�DINGS
REGULAR MEETING
APRIL 5, 1994
Assistant Planner Pearson reviewed the plans for 0`Leary' s Hills
Sth Addition.
MOTION by McMenomy to close the public hearing for a rezoning
request for 0' Leary' s Hills 8th Addition. Second by Wippermann.
Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None.
MOTION by Wippermann to adopt AN ORDINANCE B-38 AN ORDINANCE
AMENDING ORDINANCE B - CITY OF ROSEMOIINT ZONING ORDINANCE �ICH
PROVIDES FOR THE REZONING OF O'LEARY'S HILLS 8TH ADDITION FROM (AG)
AGRICIILTURE TO (R-1) SINGLE FAMILY RESIDENTIAL (DTTACHED) . Second
by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats .
Nays: None.
Mayor McMenomy opened the Public Hearing for the Rosemount Business
Park Rezoning from Agriculture to B-2 Business Park. The recording
secretary noted that the Affidavits of Published, Mailed, and
Posted Notices were on file.
Assistant Planner Rick Pearson reviewed the Rosemount Business Park
Re�oni�ig request an�l nated ti��t thi� wou7.r� be the first iot to be
rezoned in the Rosemount Business Park, Lot 1, Block 1. The
Planning Commission recommended its approval at its March S, 1994
meeting.
MOTION by Wippermann to close the public hearing for the Rosemount
Business Park Rezoning. Secoad by McMenomy. Ayes: Anderson,
Wippermann, McMenomy, Staats, Busho. Nays: None.
Mayor McMenomy stated he thought that the Business Park rezoning
was prema.ture.
MOTION b Busho to ado t ORDINANCE B-39 AN ORDINANCE AD�TDTNG
Y P
ORDINANCE B - CITY OF ROSIIKOIINT ZONING ORDINANCE PiFiICH provides for
the rezoniag of Lot l, Block 1, Rosemount Business Park from (AG)
Agriculture to (B-2) Busiaess Park. Second by Wippermann. Ayes:
Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None.
City Engineer Osmundson reviewed the concerns of the residents of
Carrollton IV drainage problem. These residential lots were
designed to have backyard ponding. Brian Bourassa, OSM
Engineering, noted that some residents were not informed of the
drainage design or easement. The two concerns of the residents
were: 1) possible flooding and 2) how soon before the backyards
would dry out. There are existing easements for drainage in the
backyards. There is no emergency outlet in this subdivision,
usually an alternate drainage way is provided if the ma.in path is
blocked. There are several alternatives which would require a
feasibility report to compare accurately.
Discussion ensued from residents and City Council .
MOTION by McMenomy to adopt A RESOLIITION TO AUTHORIZE STAFF TO
PREPARFs A FEASIBILITY REPORT FOR THE COMPLETION OF AN ADDITIONAL
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ROSEMOUNT CITY PROCEEDINGS `
REGULAR MEETING �
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OIITLET PIPE TO THE CARROLLTON FOIIRTH ADDITION. Secoad by Staats.
Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None.
Mayor McMenomy called for a short break at 8 :50 p.m. The meeting
was resumed at 8 :58 p.m.
City Engineer Osmundson reviewed the 145th Street Reconstruction
and its public hearing of Ma.rch 2 , 1994. The Council directed
staff to examine the change from 44 foot wide to a 42 foot wide
street. There appears to be a fifty-fifty split on green area.
Half the residents want a green area between the street and the
sidewalk to provide a safety barrier and half want all sidewalk.
Council decided to go with a green area and the required five foot
sidewalk. The street light fixtures recommended through the �
Downtown Scoping Committee and the Chamber of Commerce sub- j
committee is the acorn style which directs light downward and is !
most efficient. '
MOTION by McMenomy to approve a 42 foot wide street with a 5 foot '
sidewalk on both sides and approve the acorn style decorative '
street lights . Second by Staats. Ayes: Staats, Busho, Anderson, '
Wippermann, McMenomy. Nays: None. '
City Engineer Osmundson reviewed the negotiations for a deferment
of assessments for property located at the northeast quadrant of
Diamond Path and 145th Street West. This property was owned by the
. Anna Wachter estate and would be donated to the First Baptist
Church.
MOTION by Wippermann to adopt A RESOLUTION ADOPT=NG THE DEFERMBNT
OF ASSESSMENTS FOR CITY PROJECT 206, 145TH STREET RECONSTRUCTION
FOR PARCEL IDENTIFICATION NiTD�ER 34-03010-020-44. Second by
Anderson. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats.
Nays: None.
Assistant Planner Pearson reviewed the Shannon Pond 2nd and 3rd
Additions, final plats and development agreements.
MOTION by Anderson to adopt A RESOLUTION APPROVING THE FINAL PLAT
FOR SHANNON POND SECOND ADDITION and authorization for the
execution of a Development Agreement. Second by McMenomy. Ayes:
Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None.
MOTION by McMenomy to adopt A RESOLIITION APPROVING THE FINAL PLAT
FOR SHANNON POND THIRD ADDITION and authorization for the execution
of a Development Agreement. Secoad by Wipperma.nn. Ayes:
Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None.
Assistant Planner Pearson reviewed the final plat of the Rosemount
Business Park on behalf of the Rosemount Port Authority. The
Planning Commission reviewed and approved the final plat on Ma.rch
8, 1994 .
MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL PLAT
FOR LOT 1, BLOCR 1, ROSEMOUNT BUSINESS PARR. Second by Anderson.
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' ROSEMOUNT CITY PROCEEDINGS
' REGIILAR MEETING
APRIL 5, 1994
Ayes: Staats, Busho, Anderson, Wippermann. Nays: None. Present:
McMenomy.
Assistant Planner Pearson reviewed the final plat for O' Leary' s
Hills Seventh Addition as requested by Tim Broback. The easements
were expanded five feet on Lots 8 and 9 . Planning Commission
approved the Final Plat on March 8, 1994 .
MOTION by Wippermann to adopt A RESOLIITION APPROVING THE FINAL PLAT
FOR 0'LEARY'S HILLS SEVENTH ADDITION and authorization for the
execution of a Development Agreement. Second by Busho. Ayes: �
Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. li
MOTION by Busho to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR ',
O'LEARY'S BILLS EIGHTFi ADDITION and authorization of the execution ',
of a Development Agreement. Second by McMenomy. Ayes: Busho, ',
Anderson, Wippermann, McMenomy, Staats. Nays : None. '
Economic Development Coordinator Miller presented a proposal to ask '
the County for assistance in paying for the road improvements along
CR 42 between �hippendale and �anada Avenues. These changes would ' '
be necessary upon further commercial development in the area. It '
is common for the county to fund a portion of the improvements
(55%) and the city to fund 450. Carlson' s Properties Inc. ,
developers of Rosemount Village Square, are asking the City to
check into county assistance. Discussion both in support of this
proposal and against it proceeded.
MOTION by McMenomy to direct the city engineer to contact Dakota
County to request participation in completing planned street and
road improvements on CR 42 at Canada Avenue into the proposed ,
Rosemount Village Square and Chippendale Avenue areas. Secoad by
Staats . Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. '
Nays : None.
MOTION by McMenomy to direct the city' s development staff to work
with Carlson Properties, Inc. on development of a city assisted
program for street and road improvements on CR 42 at Canada Avenue
into the proposed Rosemount Village Square and Chippendale Avenue
areas. Secoad by Staats . Ayes: Wippermann, McMenomy, Staats, '
Busho, Anderson. Nays : None.
Administrative Assistant Susan Walsh noted that 25 applications '
were received tor the building inspector job. After interviews, '
Mr. Jack Moe was recommended for hiring. Moe would start April 18,
1994 . '
MOTION by Wippermann to approve the hiring of Mr. Jack Moe as '
building inspector at an annual salary starting at $28, 882 .35
pending passing a pre-employment physical and completion of a
drivers license check. Second by Anderson. Ayes : McMenomy, I,
Staats, Busho, Anderson, Wippermann. Nays: None. '
Administrator Burt reviewed the request made by Maureen Bouchard,
owner of the Geraghty building on the southwest corner of Highway 3 ,
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REGULAR MEETING
APRIL 5, 1994
and 145th Street West. Bouchard hoped that the City would help
with the parking situation since that corner had lost parking with !,
the Highway 3 improvements. Three businesses on that corner could '
obtain about five more parking spaces if the trees that have grown li
behind the NAPA Auto Store building were removed and more Class 5 '
gravel was added. Public Works Director Wasmund researched the '�
cost of materials and labor for this request. ,
Attorney Miles cautioned that liability should be an issue since I�,
this is private property. Waivers would be needed. Legally the '
City has no obligation to a private land owner. Discussion ',
followed determining that it was the Port Authority that noted it ',
would assist businesses in finding additional parking after the ',
Highway 3 improvements. '
City Administrator Burt noted that a "fair" way to have the City
participate may be to have the business owner cover the cost of the '
material and the City supply the labor. It would be best to have a
policy to frame the needs and/or requirements.
Dentist Dwayne Berg, one of the business owners near the Geraghty
building said he will be willing to pay for the costs of materials . ',
Consensus of the Council was to table any action on the Geraghty
parking issue and to investigate further legal issues and costs of
possibly black topping the area.
City Engineer Bud Osmundson alerted City Council that a piece of
land which is actually within City right-of-way for Canada Avenue
and immediately north of 145th Street has been given up as tax
forfeiture property. This parcel is PID 34-03700-172-06 . i
MOTION by Wippermann to direct staff to prepare proper forms and
signatures to acquire Parcel Identification Number 34-03700-172-06
as tax forfeiture property. Second by Staats. Ayes: Staats,
Busho, Anderson, Wippermann, McMenorny. Nays: None.
Councilmember Busho voiced concerns over public safety during the
Leprechaun Days celebration. Alcoholic beverages being served
outside allows pedestrian traffic crossing streets in crowds and
sometimes with beer or a drink in their hand. Administrative
Assistant Walsh suggested tabling the request for a Temporary Beer
License for the American Legion Chicken Barbecue until all liquor
businesses can be contacted so that enforcement of open area liquor
can be insured. More fencing and use of police reserves would
help. Council consensus was to table approval.
Councilmember Busho noted that the selection of inembers for the
Community Center should go through due process with public notice.
Busho thanked the out going Marion McNearney for her involvement in
the Community Center Committee. Gloria Olson has been recommended '
with a term expiring on December 31, 1996. '
MOTION by Busho to accept the resignation of Marion McNearney as
Community Center Commissioner and to approve the appointment of '
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�' ROSEMOUNT CITY PROCEFDINGS
� REGIILAR MEETING
APRIL 5, 1994
Gloria Olson as alternate for the Community Center Commissioner.
Second by Wippermann. Ayes: Busho, Anderson, Wippermann,
McMenomy, Staats. Nays: None.
Mayor McMenomy had been contacted by the Rosemount Jaycees
interested in the Adopt-A-Road program. Rosemount does not have
this program available now. Staff was directed to establish a
program similar to the Adopt-A-Park program we now have and report
back to Council in one month.
Councilmember Busho noted that the community Clean Up Day is May
21, 1994 and the city-wide garage sale will be on May 14, 1994 .
MOTION by McMenomy to move to the Closed Session regarding the
McDonough litigation. Second by Busho. Ayes: Wippermann,
McMenomy, Staats, Busho, Anderson. Nays: None.
Council moved to the Closed Session at 11: 10 p.m. Council
reconvened at 11: 15 p.m.
Mayor McMenomy announced that the German Club will be meeting at
City Hall on April 6, 1994, 4 :30 p.m. - 7: 00 p.m. to welcome the
visiting students from Germany. Councilmember Busho will represent
the City Council and welcome them.
MOTION by McMenomy to adjourn. Second by Wippermann. Ayes:
McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. The
meeting was adjourned at 11: 17 p.m.
Respectfully submitted,
Linda Jentink
Recording Secretary
ATTEST:
Thomas D. Burt
City Administrator
The City Council Agenda Packet is Clerk' s File 1994-11.
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