HomeMy WebLinkAbout4.a. Minutes of May 18, 1993 Regular City Council Meeting r \
RO�EMOL?NT CITY PROCEEDINGS
REGIILAR. MEETING
MAY 1S, 1993
Pursuant to due call and notice thereof a Regular Meeting of the City
CounciZ ot the City of Rosemount was duly held on Tuesday, May 18, 1993
a� S:00 g.m. at the Rosemc�unt City Hall in the Ce�uncil Chaml�ers.
Mayor MeMenomy called the meeting to order with CQuncilmembers Willcox,
Staats and K�.assen present. Councilmember Wippermann was aut of town.
Staff present were: Bechtold, Freese, Ji1k, Osmundson and Wasmund. Also
in attendance was City A�tarney Mike Miles.
Ma.yor McMenomy welcorned the audience and led the group in the Fledge of
Allegiance.
Changes to the agenda included pulling from the Consent Agenda Item 8 .a.
Approve Port Authority By-Laws and moving it ta New Business 10. e. ; '
adding to Old Business 9 .. f. Update on Leroy Mul3ikin Lot Split, 9 .g.
Update on Labor Relations, 9 .h. Valley Oak Prt�ject - Approve Plans and
Specs and Authorize Bids, City Proj�ct 197 and New Business 10 . d. Peter
Herferth - Rosemvunt Woods Easement for Armory.
Mayor McMenomy opened the Public Hearing for a liquar licen.se amendment
for City Lirnits. The recording secretary advised the Mayc�r that the
Affidavits of Notice and Publication were c�n file.
City Administrator Jilk reviewed City Limits' request from the owners Jc�e
and Jean Doyle to amend their original liquor license application to
allaw the serving of alcohoiic beverages on a patio adjoining their
establishment. The Planning Commission approved the site plan fc�r the
patio and volleyball courts.
MOTION by Klassen to close the Public Hearing 4n the Liquor License
Amendment fQr City Lirnits . Seeond by Willcox. Ayes: Staats, Klassen,
Willcox, McMenomy. Nays: None.
MOTION by Klassen to apprr�ve the amendment to the On-Sale Liquor License
and Sunday Liquor License for City Limits Lanes and Lounge subjec� tc�
Planning Commission' s conditions of the site pla.n a.pproval and final
approval of the building permit for the patio. Second by Staats. Ayes;
Klassen, Willcox, McMenomy, S�.aat�. Nays: None.
Mayor McMenomy opened the Public Hearing of the Ra.ght-Of-Way Vacation on
the Methodist Church prc�perty. The recording secretary advi:sed �he Mayor
that the Affidavits of Natice and Publication wer-e on fi.1e.
Public Works Direetar Ron Wasmund reviswed background inforrnation on �he
60 feet by 467 feet strip road easernent to be vacated baek ta the
Me�hodist Church. There are 3 lots that abut this easement with anly one
requiring a driveway easement. TY1� MEt11�(�1.St Church is in agreement with
this. This vacatian wauld allaw �he church to proceed with their plans
for park�.ng lot improvements.
Ray and Josephine Stantan, Camero Lane, cammented that the legal
d.�seription did not give a common name ciescription so residents did nat
know what it was �baut. R�sidents have used parking along the back of
their lo�s and felt an easement far the other two lots woul.d b�
justified. They noted that foot tratfic tl�rough their yard, Lot 6, to
the church and Camfield Park might be interrupted by this project.
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ROSEMOUNT CITY PROCEEDINGS
REGIILAR. MEETTAT�
MAY 18, 1993
The powerline behind these lots has a 10 foot easement now. The City
would not be able to justify use of this land strip to serve the general �II
public. . il,,
Don Sinnwell, 3691 147th Street West, is on the Board of Trustees for the
United Methadist Church. The Church maintains it' s request to improve
the parking loC which will be designed for light weight traffic, cars
only. The sauthern corner will be improved for additional parking. This ,
is a high priarity for the church to proceed as soon as pos�ibie.
Wes Hasbrouk, 14685 Dahomey Avenue, said twenty years ago �his easement
held up getting a mortgage for an additian on the chureh because of a11
the red tape. It will be much easier for the church and the city if the II;
land is vacated. The nei.ghbors are welcome to continue Co use the area I'
for occasional parking ar accasional access �o the back of their Iots. ,
MOTION by Willcox to close the Public Hearing for vacation of right-of-
way easement for the United Methodist Church. Second by McMenomy. Ayes:
Willeox, McMenomy, Staats, Klassen. Nays: None.
MOTYON by Willcox to table action on the vacation of right-of-way until
further negotiation for easement, simiiar to Mr. Ratzlaff ' s, for property
owners for lots 4 and 5 in Marian Terrace Replat 2nd Addition. Second by
McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox.
Attorney Mike Miles noted that the easem�nt only affects Lots 3 , 4 and 5 . �
Direction was given to city staff to contact owners of Lots 4 and 5 to
consider an additional easement for them with a written respanse to City
Couneil.
Mayor McMenamy opened the Public Hearing for a Zoning Ordinance Text I
Amendment regarding Agricultural Preserve Act and on site septic
regulations. The recording secretary advised the Mayor that the �
Affidavits of Notice and Publica�ion were on file. ',
Planning Director Lisa Freese nated that Metropolitan Cauncil has
requested that a11 Cities verify that their ordinances are in conformance
with the Metropolitan Agricultural Preserve Act. This requires a change
fram ou.� current 2 .5 acres per unzt to 40 acres per unit zninimum lot size �
in the Agriculture Preserves district. Section 14, 6, �n-Site Sewer
Requirernents also needed an addition to corr-eetly reference the eurrent
state and county standards. The P7.anning Commission approved these
p�oposed amendments to the Zoning Ordinance.
MOTION by Klassen to close the Public Hearing for the Zoning Ordinance
Amendments. Second by Staats. Ayes: Staats, Klassen, Willcox,
M�Menomy. Nays: None.
MOTION by Klassen to adopt ORDINANCE NO. B-28, AN 4RDYNANCT AMENDING
ORI�INANCE B, CITY OF RQSEM�IINT ZONING ORDINANCE. Secor�d by McMenomy.
Ayes; Klas�en, Willcox, McMenomy, Staats. Nays ; None,
Planning Directar Lisa Freese rev�.ewed RCD Real Estate Partnership' s
request for city approval to subdivide a �40 acre parcel and to rezone a �'��
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ROSF�IOVNT CITY PROCEEDINGS
REGULAR MEETING
MAY 18, 1993
10 acre partion from Agricuitural to General Industrial. This would be
for the development af a maintenance facility for the Me�ropolitan
Mosquito Control �istrict. The Planning Commission has approved the
request. The approval is cc�nditional on these four items: 2) prava.din�
a 55 foot right-of-way, 2) eonnection to sanitary sewer when it becomes
availabie; 3} only one access tc� parcel A tc� 1�Oth Street; and 4) park
aeai�a�:io� fee of $1, 040.
Doug Dehrnlc,w, 15725 Biscayne Avenue, will be located close to tMis
maintenance facility. Mr. �ehmlow said that the road is already dusty
anci in neeci of maintenance. He requested that the City if allowing
further cievel.opment wc�uld also provide additional maintenanee c�f the
roads near by. Dehmlaw sCated that city staff had �old him there were no
funds avai�.able for dust control wiCh chemicals.
Director Freese commen�ed� that in 1994 �.he counCy will be paving 16Qth
Street which will be County Road 46. Director Wasmund noted that there
are funds }audgeted to chemical].y treat the dirt roads twiee this year in
canjunc�:�.o� with �h2 coun�.y. Th�r� mr� 18 m�les af grav�l roads tha�
need maint�nance and this keeps one city employee busy full time. Roads
such as Dodd Boulevard where it is gravel, is mueh more populated so
higher traffic causes more maintenance needs. Once 160th Street is
improved the traffic le�el on Ba:scayne should be lower.
Gouneilmember Willcax asked staff to researeh whether State Aid could be
used for raads with 7 ton road restrietions.
M4TION by McMenamy to close the Public Heazing for RGD Real Estate
Partnership Rezaning Pet�.tian and Lot Subdivisian regarding the Mt�squito
Contrdl Distriet Facility Praposal . Second by Klassen. Ayes: Willeox,
McMenomy, Staats, Klassen. Nays: None.
MOTIQN by Willeox to adopt A RESaLUTS4N APPR�ViNG � METES AND B�UNUS LOT
SUBDIVISION F�R A.GRICIILZ'UR,A,LLY ZONED PROPERTY LQCATED IN THE SOUTHEAST
QIIARTER - QIIARTER QF SECTI�N 32, TOWNSHIP 1.I.5, RAN'GE 19 . Se�Or�d by
Klassen. Ayes: McMenom�, Staats, Klassen, Willcox. �Tays: Nc�ne.
MOTION by Wi1.1Cox to adop.t ORDINANCE B-29, AN ORDINANCE ��MENDING
ORDINANCE B, CITY OF ROSEMOUriT ZONING ORDINANCE. Second by Klassen.
Ayes; Staats, Klassen, Willcox, McMenomy. Nays: Nane.
Director Wasmund reviewed the N.S.P. Peak Demand Rate Savings to be u�ed
fo� We].1 Number 7. This wi11 a11ow the city to save more than $3,0�0
annually. The praposed agreement is for an initial. five years.
M�TT�N by Willcox to apprave the Consent Agenda removing Ztem 8 .a) Part
Authori�y By-Laws. Secand by McMenomy. Ayes: Klassen, Willcox,
McMenomy, Staats. Nays: Non�.
Assistant Public Works Director/City Engineer Bud Osmundson xev2ewed this
phase of the 14Sth Street Reec�nstructian. Negotiation fc�r land purchase
is taking place. Staff was directed that if ther� is a failure ta reach
an agreement, then staff shauld be prepared with a quiek take
eandemna�ion.
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ROSEMOtTNT CITY PROCEEDING�
REGIILAR MEF.TING
MAY 18, 1993
MOTION by Klassen to adopt A RESOLIITION APPROVING THE PLANS AND
SPECIFICATTONS AND AIITHORIZE THE ADVERTISING OF BIDS FOR 145T8 STREET
IMPROVEMENTS, PROJECT 235. Secoad by Staats. Ayes: McMenomy, Staatis, ,
Klas�en. Nays : Willcox. Mc�tion carried. '
City Engineer Osmundson presented the feasibility report on Shannon Hil1s
5th Addition Street and Utility improvements.
M�TION by Willcox to adopt A RESQLIITTON RECEIVING FEASIBILITY REP4RT AND
SET PIIBLI� HEARING FOR SHANNON F�ILLS 5TH A7�DITION STREET AND IITILITY
IMPROV'E�iENTS, CITY PROJFCT 243 . Second by Klassen. Ayes: Staats, ,
Kl�ssen, Willcox, McMenomy. Nays: None.
Cit En ineer Osmu
nd on
Y g s reviewed a chan
ge order regarding the hoZding
gond on the Armory �ite. PCL Construetion Services, Inc. , the general
cantractor for the Armory, has submitted a bid which will save the city
money and staff time.
MOT24N by Willcox to adopt A RESflLUTION APPROVING Z*8E PLANS AND
SPPC�FYCATIONS AND AIITHORIZE THE CHANGE t7RDER FOR THE Al2MQRY - STORM
DRAIN Ii�ROV'II�iENTS, PROJECT 23$. Seeond hy K1as3en. Ayes: Staats, '
Klassen, Willcox, McMenomy. Nays. None. ',
City Engineer Osmundson said several meetings have now been held with
representatives from Inver Grove Heights, Rosemount, Dakota County, Koeh
Refining, and Minnesota Department ot Transportatit�n regarding the
Highway 52 Corridor Study. A frontage road with access to Hwy 52 from
Koch Refining to 11.�th Street and traffic lights a� 117th Street and Hwy
52 are being planned,, A cooperative agreement will speed up the
procedure. More details wi1.l be available at a later date.
City Attorney Mike Miles reviewed the second draft of a City Code of �
Ethics. Mayor McMenomy requested a clearer understanding of potential
litigation and disciasure of confidentia3. information. Discussion
followed directing Attorney Mi1es to add some 1ega1 fabrie to the
proposed Code of Ethics and review it at �he next meeting.
The Leroy Mullikin l.ot split is under negotiation. Mullikin will appeal
to the Pl
annin Commission
A eals Boa .
3 rd
PP
City Admznistrator Jilk u dated Council on cit staf w
� f a e and benefi
Y g �
contract5. The Police Department, LELS, has been approved; the Public
Works Department, Teamsters, is in the final stages of agreement; and
ASFCME has just begun negotia�ions. A workshop will be scheduled for
City Council in the future_
MOTION' by McMenorny to adapt A RESC7LIITZON APPRQ'YING THE PLANS AND
SPECYFICATZt}NS AND AUTHCSRIZE TSE AtaVERTISING (7F BZD�u FOR VALLE3C' OAK Pt}ND
OIITLET �MPROVEMENTS, CITY PROJECT 19?. Secoud b�r WillcOx. Ayes:
Willcox, McMenomy, Staats, Klassen. Nays: None.
Planning Director Lisa Freese reviewed the request of Setty and Henry
Nieland for a 1.ot splitjcombinati.t�n enabling Mr. Nieland to replace
deteriorated agricultural buildings as necessary for his farming. ,
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� ROSEMaITNT CITY PROCEE]�INGS
REGIILAR MEETYNG
MAY 18: ].9 9 3
MOTION by Willcox to adopt A RES4LUTIQN AFPROVING A METES AND BOtR1DS LOT
C4MBSNATIDN AND DIVISION OF AGRICULTURALLY ZONED PROPERTY LOGATED IN
SQ'UTHWEST QUARTER - QUARTER QF SFCTION 2I, T�WNSHIP 115, RANGFs 1.9 .
Second by Staats . Ayes : MeMenomy, Staats, K3assen, Willcox. Nays:
None.
City Administrator Steve Jilk reviewed a change order request for �he
locker rooms in the ArmoryJCommunity Center. PCL �onstructic�n did a
design change that would allow for four bathrooms and shower areas so
there would be one fQr each locker area..
MOTiON by WiZIGOx to approve Change Order CRX#84 in the amount o�
$2, ?79 . 60 to revise the arena loeker raam bathrooms from �wc� to four,
Second by Staa�s. Ayes: Staats, Klassen, willeox, McMenc�my, Nays.
None.
�iscussian toak place an the annexation by Farmingtan of the Empire
Township area, Empire Township has had a large amaunt of development and
is requiring services from Farmingtan such as pol.ice, fire, and raad
maintenance. Rosemaunt could also be called on for water and sewer
servicz. Staff was di=ected to cqntact FarmingLon sta�f and Empire
Township in this matter.
The Rosemount Woods owner Peter Herferth was upset with condemnation
easement proceedings for sewer constructa.on to the Armory. Mayor
McNlenomy discussed Herfert�' s requests for a parks land cQzridor and
individual water meters. The easement condemnati4n for new sev�rer Yines
tcr the ArmoryJCommunity Center is underway so all other issues sY�ould be
a�scuss�a separate frorn them. This easement in na way causes the
di�placement af any homes i.n Rosemount Woods. City Attorn�y Miles was
directed to contact Mr. Herferth.
The propased changes ta the Port Authority By-Law� were pulled fzom the
agenda. This will be cc�nsidered at a tuture meeting.
M4TION by Willeox to adjaurn the rneeting, Secor�ri by Staats. Ayes:
Wil.lcox, McMenc�my, Staats, Klassen. Nays: None. The meeting was
adjourned at 1.1: 04 p.m.
. Respectfully submi�ted,
Linda Jentink, Recording Secretary
ATTEST:
Stephan Jilk, City Administrator
The Ci�y Counc�.l Agenda Pa.cket i.s Clerk� s File 1993-18 .
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