HomeMy WebLinkAbout4.c. Minutes of August 17, 1993 Regular Meeting � 8 � ROSEMOUNT CITY PRt?GEEDINGS
REGULAR. MEETING
AUGIIST 17, 1993
Pursuant to due call and notice thereof a Regular Meeting of the City
Council of the City of Rosemount was duly held on Tuesday, August 17, 1993
at 7:30 p.rn. in the Council Chambers at Rosemount City Hall .
Ma�ror McMenomy called the meeting to order with Councilmembers Klassen,
Staats, Willcox, and Wippermann present. Staff present were Aker,
Bechtold, �'reese, Jilk, Knutsen, Mi11er, Osmundson, Pearson, and Walsh.
Also in attendance was City Attorney Miles.
Mayor McMenomy led the group in the Pledge of Allegiance.
An addition was made to the Agenda to introduce the Muller Family Theater,
Inc. under Department Heads Repart, 3 . c.
Lucy Holzer represented the Rosemount Chamber of Commerce with an update to
City Council . Halzer was pleased with the communicatian between the
Government Aetion Committ�e and City Hall. They met with Stephan Jilk,
City Administrator, who clarified the questions that the Committee had on
budget items. New members are being sought far this Committee. There is a
fun.d raiser going on at the Renaissance Fair, volunteers are welcome. The
banner display used during Leprechaun Days was very successful .
Planning Director Lisa Freese introduced Wayne Delfino from CMC Heartland
Developers. Mr. Delfino introduced Reid Hansen who gave an update on the
development project. Hansen listed six items which have to be accomplished
in order for the development to continue. These items are: l) Approval ' of
the Comprehensive Guide Plan by Metropolitan Council; 2) approval of the
number of sewer hook ups; 3} reloca�ion of the SOO Line Rail spur; 4) Tax
Increment Financing available to relocate the rail spur; 5) divert panding
water to Business Park area; and 6) obtain Caunty Road 42 access.
Development is scheduled to begin as soon as possible in 1994, any delays
may cause loss of profit. � Hansen also announced that CMC Heartland has
entered into a purchase agreement for 223 additional acres for development
in Rosemount.
MOTION by McMenomy to suppart in concept the development by CMC Heartland
Developers and work specifically on the items in the letter of August 10,
1993 from CMC Heartland and have City staff keep the City Gauncil updated.
Second by Willcox. Ayes: Staats, Klassen, Willcox, Wipperrnann, McMenomy.
Nays: None.
MOTION by Klassen to a.pprove the Consent Agenda with an amendment to �he
minutes of August 3 , 1993 . Second by Wippermann. Ayes: Klassen, Willcox,
Wippermann, McMenomy, Staats. Nays: None.
Mayor McMenomy called for a five minute break priar to the public hearing.
The meeting was reconvened at 8 :00 p.m.
Mayor McMenamy continued the Public Hearing for the Zoning/Subdivision
Ordinance Text Amendment from the original July 20, T993 public hearing.
Affidavits of publicatian and notice were submitted at the July 20, 1993
hearing.
Planning Director Freese introduced the Zoning/Subdivision Ordinance Text
Amendment and noted that three developers are now in the beginning process
of development in Rosemount. Only CMC Heartland Developers have responded
ROSEMOIINT CITY PROCEEDINGS
REGULAR MEETING
AUGIIST 17, ].9 9 3
to the changes of setbacks for utility easements. Pipeline safety is an
issue especially since the recent incident in St. Paul where a residential
service line was severed causing injury and property damage. The Rosemount
ordinance goes one step beyond the requirements supported by the Pipeline
Safety Report, however, this study admittedly did not have enough
conclusive evidence to provide further safety measures. It hardship occurs
provisions are made for variances and Planned Unit Development (PUD}
through the City Planning Commission. Previously plats approved are
protected for two years for changes in the zoning and subdivision
ordinances. Country Hills is an example of where a variance was granted
for smaller set backs than is standard. There are no preliminary plats now
pending. This would be an opportune time to make a change which the
Planning Commission reeommends as beneficial for the safety of the
residents of Rosemount.
Reid Hansen, speaking for CMC Heartland Developers, objected to the
ordinance chang�s because of the effect it would have on tY�eir project .
CMC engineers reviewed the specific setbacks and buffer zanes and found the
plat would have ta be changed, some lots would be lost, and it would
severely impact the project. Hansen requested this development to be
"grandfathered in" since they have been working with the City for alrnost
three years regarding this site.
Consultant Engineer for CMC, John Johnson, noted that a 66 ' wide easement
for a pipeline should be considered for a front yard easement rather than
just a backyard easement. Johnson felt the setbacks should be different
for side, front or back property lines . City Engineer Bud Osmundson noted
that front yard easements would be cost prohibit,ive because of the rnany
service junctions required to cross the pipeline. �Also, the pipeline is
not always down the center of the easement and �the pipeline company can
move the pipe within the easement.
Planning Director Freese said that pipelines are inspected often b�r -
airplane, that being one reason why no landscaping, swing sets, or
structures can be in the easement. If building would be allowed up to the
easement line, the property owner would in effect have no back yard except
open space. City Administrator Jilk noted that if the setback is a safety
requirement, why would you want it different for the front, back- or side
setbacks as requested by CMC?
Councilmember Willcox noted that if a repair is required to a pipeline, the
easement should be sufficient to allow large machinery in and not require
- -the resident to entertain expense or loss to property. He agrees with the
30 ' setback for pipelines . Willeox would agree to grandfather in CMC.
Councilmember Klassen said that flexibility is built into the planning
system. If hardship can be proven, then variances can apply. CMC is not
boxed in if they work with the PTTD, The Planning Commission gave a great
deal of thought to the safety issue and she supports their recommenda�ion.
The criteria included in the ardinance increases the livability for
Rosemount far the future. Klassen saw no need ta grandfather in CMC.
Mayor McMenomy did not feel comfortable with what he believed to be an
arbitrary 30 ' setbaek. McMenomy would prefer to exclude the pipeline
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` ' ROSII�iOUNT CITY PROCEEDINGS
° REGIILAR MEETING
AQ6UST 17, 1993
easement issue from any approval of the zoning/subdivision ordinance
changes at this time. He felt CMC should be grandfathered in since they
have been working with the Ci'�y for a long period of time.
Councilrnember Wippermann said the amended ordinance would have appropriate
guidelines, if some feel exceptions are necessary the PUD process allows �
for that. There is never a perfec� time for change, but because there are �
no preliminary plats now pending this would be a good time. Wippermann ''
agrees with the ordina.nce changes that encourage lower population density. '
He did not feel CMC needed to be grandfathered in.
Councilmember Staats noted that Williams Pipeline did repairs about seven
years ago on his lot in Rosemount and they were able to stay within the
sixty foot easement, A resident is a.ble to put driveways and out buildings
over the easements. He felt CMC should be grandfathered in.
�lOTI�N by McMenomy to close the public hearing for the Zoning/Subdivision -
Ordinance Text Amendment. Second by Klassen. Ayes: Willcox, Wippermann,
McMenomy, S�aats, Klassen. Nays: None.
MOTION by Wippermann to adopt ORDINANCE B-30, AN ORDINANCE AMENDING
ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE with the exclusion of the
pipeline provisions. Second by Klassen. Ayes: Wipperrnann, Klassen,
Willcox. Nays: McMenomy, Staats. The Ordinance was not adopted, a 4/5
vote was required under state statutes .
Councilmember Willcox asked CMC to furnish a cost comparison showing how
the implications of the ordinance would affect its develapment. CMC
agreed.- � • .
Bob and Mik2 Muller were introduced to City Council . They are encouraged
and excited about the Business Park project and believe benefits in taxes,
jobs, and encouragement to other businesses will be great for Rosemount.
Muller' s invited City Council to visit the East Bethel theater they own to
see the quality they wau].d provide for Rosemount.
Administrative Assistant Susan Walsh reviewed local insurance agents as
requested by City Council for the position of Agent of Record. None of the
Rosemount agents handled health benefits which the city required.
MOTION by McMenomy to authorize Jeffrey A. Azen of James Bissonett &
Associates as Agent of Record for the City' s health, dental and flexible
spending programs: Second by Klassen. Ayes: McMenomy, Staats, Klassen,
Willcox, Wippermann. Nays: None.
Economic Development Coordinator John Miller presented the Project Plan and
Project Budget for the Rosemount Business Park to City Council . The site
is located southeast of Highway 3 and County Road 42 . The land purchase
agreement is with Roy E. Abbott. SEH, Inc. did a concept plan for the
property showing a min.or amount of infrastructure could start the business -
� park. The concept plan provided �tany different types of lots available
such as flat land for warehouse type, railraad availability, or high
amenity lots with natuxal wildlife.
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ROSEMOUNT CITY PROCEEDINGS �
REGULAR MEETING
AUGIIST 17, 1993
Two reasons for doing the business park were the tax base increase needed
and the downtown retail sales increase hoped for with an influx of
employees or customers going regularly to these businesses.
In the last five years there have been very few new businesses coming into
Rosemount. The Port Authority wanted to change this. Many businesses
showed interest in building in Rosemaunt but there were no lots available
with sewer and water or zoning which could be ready in six months, so they
went elsewhere.
Another source of income for financing the business park would become
; availabZe because of the stormwater runoff needed for the CMC Heartland
Developers site just north of the business park. This would allow CMC to
buy drainage rights rather than take lots away from their developmenC and
make a drainage pond which would also take away residential tax base from
Rosemount.
Miller said there is risk involved for this business park because there are
no guaran.tees any project will proceed as hoped. The Port Autharity has
analyzed all aspects of these possibilities and recommends the purchase of
the Abbott property for the establishment of the Rosemount Business Park.
Klassen and Staats believed the business park should be separated >from the
theater purchase.
Mi11er reasoned why the government needs to be involved at all with the
business park. The tax structure in the state of Minnesota makes it
virtually impossible for the private sector to see a profit from a business
park. �lmost aI1 cities are involved financially with attracting and
developing new businesses . The City�, however should not go in eompetition
with the private sector retail businesses . Light industrial, service
oriented, office businesses and a motel are foreseen. for the business park.
Wippermann noted that the issues are related. However, certain projects
shouldn' t be held hostage. The current purchase agreement has enough
safety measures in it to go ahead.
MOTION by McMenomy to approve the implementation af the Rosemount Business
Park contingent upon completion of a development agreement of a theater
with a purchaser of a least ten acres of land for immediate development .
Second by Wippermann. Discussion followed. Motion withdrawn. Second
withdrawn.
MOTION by Wippermann to apprave the purchase agreement entered into by the
Port Authority for the property known as "The Rosemount Business Park" �
owned by Mr. and Mrs . Roy Abbott. Second by McMenomy. Ayes: Staats, I
Klassen, Wippermann, McMenomy. Nays: Willcox.
Councilmember Willcox expressed concern with the cash flow charts provided
for the business park. Administrator Jilk will review these for
clarification. A special meeting will be set up for the Port Authority and
City Council to discuss development issues.
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' ' ' ROSIIKOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 1�, 1993
Fire Chief Scott Aker reviewed the purchase of communication equipment and
reprogramming of the dispatch software for the Fire Department. This will
make Rosemount' s equipment compatible with the Dakata Caunty and Eagan
dispatch. Funding was budgeted for.this purpose in 1993 .
MOTION by Staats to authori.ze`'the Fire Department to �urchase radio
equipment and re-program radio equipment as is listed in the attachment,
with the $15, 600 to come from account 202-49002-01-531. Secand by Klassen.
Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays; None.
Police Chief Knutsen explained a study to begin whieh will determine the
benefits of cornbining all seven public safety dispatch centers within
Dakota County.
MOTION by McMenomy to authorize the City of Rosemount to enter into a Joint
Powers Agreement for the study of feasibility of consolidated public safety
_ communications services and to approve paymen� of $912 as Rasemount' s �
contribution towards this study. Second by Willcox. Ayes: Willcox,
Wippermann, McMenomy, Staats, Klassen. Nays: None.
MOTION by Klassen to set a public hearing on September 21, 1993, at
8 :OQ p.m. , or as soon thereafter as possible, to consider increasing
certain non-intoxicating and intoxicating liquor license fees. Secand by
Staats . Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox." Nays:
None. _
Parks and Recreation Director Bechtold announced that Jane Mollman, Program :
Director, submitted her resignation in order to care for her daughter,
Be�hany, full time. .
MOTION by Klassen to accept the resignation of Jane Mollman with regret,
from the position of Program Director and to assign Lacelle Cordes to fill
that pasition on an interim basis from August 30, 1993 through February 28,
1994 with full pay and benefits afforded to that position. Second b�
Staats . Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays :
None.
MOTION by Klassen to adjourn. Second by Staats. Ayes; 5 . Nays; None.
The meeting was adjourned at 10 : 15 p.m:
Respectfully submitted,
Linda Jentink, Recording Secretary
ATTEST:
Stephan Jilk, City Adrninistrator
The City Council Agenda Packet is Clerk' s File 1993-28 �
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