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
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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.
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ROSEMOIINT CITY PROCEEDINGS
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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 .
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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 .
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