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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. / , 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 �'�� 2 i 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 $3,0�0 annually. The praposed agreement is for an initial. five years. M�TT�N by Willcox to apprave the Consent Agenda removing Ztem 8 .a) Part Authori�y By-Laws. Secand by McMenomy. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: Non�. Assistant Public Works Director/City Engineer Bud Osmundson xev2ewed this phase of the 14Sth Street Reec�nstructian. Negotiation fc�r land purchase is taking place. Staff was directed that if ther� is a failure ta reach an agreement, then staff shauld be prepared with a quiek take eandemna�ion. 3 s , ROSEMOtTNT CITY PROCEEDING� REGIILAR MEF.TING MAY 18, 1993 MOTION by Klassen to adopt A RESOLIITION APPROVING THE PLANS AND SPECIFICATTONS AND AIITHORIZE THE ADVERTISING OF BIDS FOR 145T8 STREET IMPROVEMENTS, PROJECT 235. Secoad by Staats. Ayes: McMenomy, Staatis, , Klas�en. Nays : Willcox. Mc�tion carried. ' City Engineer Osmundson presented the feasibility report on Shannon Hil1s 5th Addition Street and Utility improvements. M�TION by Willcox to adopt A RESQLIITTON RECEIVING FEASIBILITY REP4RT AND SET PIIBLI� HEARING FOR SHANNON F�ILLS 5TH A7�DITION STREET AND IITILITY IMPROV'E�iENTS, CITY PROJFCT 243 . Second by Klassen. Ayes: Staats, , Kl�ssen, Willcox, McMenomy. Nays: None. Cit En ineer Osmu nd on Y g s reviewed a chan ge order regarding the hoZding gond on the Armory �ite. PCL Construetion Services, Inc. , the general cantractor for the Armory, has submitted a bid which will save the city money and staff time. MOT24N by Willcox to adopt A RESflLUTION APPROVING Z*8E PLANS AND SPPC�FYCATIONS AND AIITHORIZE THE CHANGE t7RDER FOR THE Al2MQRY - STORM DRAIN Ii�ROV'II�iENTS, PROJECT 23$. 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. , 4 '� , ,�.. � 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 . 5