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HomeMy WebLinkAbout4.c. Minutes of August 17, 1993 Regular Meeting (2) ROSEMOTJNT CITY PROCEEDINGS � REGULAR MEETING AUGUST 17, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Counczl of the City of Rosemount was duly held on Tuesda�r, August 17, 1993 at 7 : 30 p.m. in the Council Chambers at Rosemount City Hall . Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, Willcox, and Wippermann present. Staff present were Aker, Bechtold, Freese, Jilk, Knutsen, Miller, 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 Report, 3 . c. Lucy Holzer represented the Rosemount Chamber of Commerce with an update to City Council . Holzer was pleased with the communication between the Government Action Committee 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 for this Committee. There is a fund 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: 1) Approval of the Comprehensive Guide Plan by Metropolitan Council; 2) approval of the number of sewer hook ups; 3) relocation of the S00 Line Rail spur; 4) Tax Increment Financing available to relocate the rail spur; 5) divert ponding water to Business Park area; and 6) obtain County 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 support 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 Council updated. Second by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by Klassen to approve the Consent Agenda with an amendment to the minutes of August 3, 1993 . Secoad by Wipperrnann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy called for a five minute break prior to the public hearing. The meeting was reconvened at 8:00 p.m. Mayor McMenomy continued the Public Hearing for the Zoning/Subdivision Ordinance Text Amendment from the original July 20, 1993 public hearing. Affidavits of publication 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 o€ development in Rosemount. Only CMC Heartl.and Developers have responded ROSEMOUNT CITY PROCEEDINGS ° � : R.EGULAR MEETING AUGUST 17, 1993 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 . If 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 recommends as beneficial for the safety of the residents of Rosemount. Reid Hansen, speaking for CMC Heartland Developers, objected to the ordinance changes because of the effect it would have on their project. CMC engineers reviewed the specific setbacks and buffer zones and found the plat would have to 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 almost 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 prohibitive because of the many 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 ar� inspected often by 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 reguirement, 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 ma.chinery in and not require the resident to entertain expense or loss to property. He �grees with the 30 ' setback for pipelines. Willcox 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 PUD. The Planning Commission gave a great deal of thought to the safety issue and she supports their recommendation. The criteria included in the ordinance increases the livability for Rosemount for the future. Klassen saw no need to grandfather in CMC: Mayor McMenomy did not feel comfortable with what he believed to be an arbitrary 30 ' setback. McMenomy wauld prefer to exclude the pipeline 2 ROSEMOUNT CITY PROCEEDINGS ' . REGULAR MEETING AUGIIST 17, 1993 easement issue from an�r approval of the zoning/subdivision ordinance changes at this time. He felt CMC should be grandfathered in since they have been working with the City for a long period of time. Councilmember 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 perfect time for change, but because there are no preliminary plats now pending this would be a good time. Wippermann agrees with the ordinance 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 able to put driveways and out buildings over the easements. He felt CMC should be grandfathered in. MOTION by McMenomy to close the public hearing for the Zoning/Subdivision Ordinance Text Amendment. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Wippermann to adopt 4RDINANCE B-30, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCP with the exclusion of the pipeline provisions. Second by Klassen. Ayes: Wippermann, Klassen, Willcox. Nays : McMenomy, Staats. The Ordinanee 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 development. CMC agreed. Bob and Mike 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 wili be great for Rosemount. Muller�s invited City Council to visit the East Bethel theater they own to see the quality they would provide for Rosemount. Administrative Assistant Susan Walsh reviewed local insurance agents as requested by City Council for the position of Agent of Reeord. 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. Secoad by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: Nane. Economic Development Coordinator John Miller presented the Project Plan and Project Budget for the Rosemaunt 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 minor amount of infrastructure could start the business park. The concept plan provided many different types of lots available such as flat land for warehouse type, railroad availability, or high amenity lots with natural wildlife. 3 ROSEMOIINT CITY PROCEEDINGS , � REGULAR MEETING AIIGUST 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 Rosemount but there were no lot5 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 available 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 development 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 guarantees any project will proceed as hoped. The Port Authority 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. Miller 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. Almost all cities are involved financially with attracting and developing new. businesses. The City, however should not go in competition 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 of 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. Di,scussion followed. Motion withdrawn. Second withdrawn. MOTION by Wippermann to approve 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. Secoad by McMenomy. Ayes: Staats; Rlassen, 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 . 4 ROSEMOUNT CITY PROCEEDINGS � ' � REGULAR MEETING AUGUST 17, 1993 Fire Chief Scott .Aker reviewed the purchase of communication eguipment and reprogramming of the dispatch software for the Fire Department. This will make Rosemount ' s equipment compatible with the Dakota County and Eagan dispatch. Funding was budgeted for this purpose in 1993 . - MOTION by Staats to authorize the Fire Department to purchase 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. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Police Chief Knutsen explained a study to begin which will determine the benefits of combining 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 payment of $912 as Rosemount � s contribution towards this study. Secoad by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Klassen to set a public hearing on September 21, 1993, at 5: 00 p.m. , or as soon thereafter as possible, to consider increasing certain non-intoxicating and intoxicating liquor license fees. Secoad by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Parks and Recreation Director Bechtold announced that Jane Ma1lma.n, Program Director, submitted her resignation in order to care for her daughter, Bethany, full time. MOTION by Klassen to accept the resignation of Jane Mollma.n with regret, from the position of Program Director and to assign Lacelle Cordes to fill that position on an interim basis from August 3b, 1993 through February 28, 1994 with full pay and benefits afforded to that position. Secoad by Staats . Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Na�rs: None. MOTION by Klassen to adjourn. Secoad 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 Administrator The City Council Agenda Packet is Clerk� s File 1993-28 . 5