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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. 2 , � 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 3 IL_ __ ROSEMOUNT CITY PROCEEDINGS ` REGULAR MEETING � APRIL 5, 1994 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. 4 I ' 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 , 5 ROSEbiOUN'T CITY PROCEEDINGS ' 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 ' 6 ' � �' 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. 7