HomeMy WebLinkAbout4.a. Minutes of April 20, 1993 Regular Meeting MEMO
TO: Mayor and Councilmembers
FROM: Susan Walsh
DATE: May 4, 1993
Councilmember Klassen requested that Paragraph 6 on Page 1 of the Apri120 minutes be
changed to read as follows:
Councilmember Klassen was happy to see discussion by Rosemount
businesses taking pla.ce. She indicated that the Chamber members
and the work done by the city and citizens' groups do have common
ground in regard to the downtown azea. Similaz ideas stated by the
Chamber have already been discussed in a citizens' attitude survey,
by the University of Minnesota Design Team, by the Town Green
Committee and the Downtown Scoping Committee in regard to bike
paths, street scaping, light and sense of community. Federal funds :
are being sought for this. Klassen would like to present the
information of past and current committees that have been gathered to
the Chamber of Commerce, and Klassen also mentioned that
councilmembers do take an interest in Chamber meetings by attending
the Saturday morning meetings and the monthly luncheon,
Klassen noted that one item listed under government concems was
trust, and this lends to the idea of possible retaliation by city staff
with building code.viola.tions, etc. Any idea. that this may occur must
be eliminated and open discussion is one way to do it.
Plea.se consider this paragraph as part of the draft minutes to be approved by you this
eveni.ng.
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RSGIILAR MEETING
APRIL Z0, 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, April 20, 1993
at 7:30 p.m. at the Rosemount City Hall in the Council Chambers.
Mayor McMenomy called the meeting to order with Councilmembers Willcox,
Wippermann, Staats and Klassen present. Staff present were: Aker,
Bechtold, Freese, Jilk, Knutsen, May, Osmundson, Pearson, and Wasmund.
Also in attendance was City Attorney Mike Miles.
Mayor McMenomy welcomed the audience and led the group in the Pledge of
Allegiance.
Additions to the agenda included 5 .d) Leroy Mullikin Lot Division and
?2 .a) Metropolitan Council Consideration of MUSA Moratorium.
Consent Item 4.j . Fund Transfers/Budget Amendments was pulled for
�.iscussion under New Business Item 10 .e.
The Rosemount Chamber of Commerce President Diane Pinkert, reported on a
meeting held April 6, 1993 with area business people. They presented to
Council an updated list of the businesses belonging to the Chamber which
is now 80� of all area businesses. Executive Director of the Northern
�akota County Chambers of Commerce Dan Aberg said the Town Meeting of
�pril 6 brought out three areas of concern: 1) government, 2) sense of
community, and 3) Chamber business issues. The first concern in
government was communication. Aberg suggested "one stop" shopping for
City Hall services requested by business owners. The City of St. Paul
has recently adopted this program allowing one city staff person to
direct the complete needs of a request. Aberg noted that a renewed
partnership and new found respect between city government and businesses ,
can be developed.
Councilmember Klassen was happy to see discussion by Rosemount businesses
taking place. She urged Chamber members to seek "common ground" for the
downtown area. One way the Downtown Scoping Committee is working on
defining the downtown area is visually, i.e. bike paths, streetscaping,
and lighting. Federal fun.ds are being sought for this. Rlassen would
like to present the information the Downtown Scoping Committee has
gathered at a Chamber of Commerce meeting. Rlassen noted that one item
listed under government concerns was trust and this lends to the idea of
possible retaliation by city staff with building code violations, etc.
Any idea that this ma.y occur must be eliminated and open discussion is
one way to do it.
City Administrator Jilk noted that John Miller, Economic Development
Coordinator, is the person hired to work on economic development issues
and his office is already designated to help business and potential
developers. Councilmember Willcox said Miller is excellent for business
developers but residents of Rosemount need assistance in the form of "one
stop" shopping from other departments as well . Jilk said then possible
additional staff may be required and clarification of who in each
department would be available. A report to the Council on how this idea
can be developed will be presented by the City Administrator at the May
4th meeting.
Mayor McMenomy called for a four minute break at 7:56 p.m.
Ma.yor McMenomy opened the Public Hearing for the Tom Thurnb Center
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ROSS�OUNT CITY PROCEEDINGS
REGIILAR bIEETING
APRIL 20, 1993 �I
Rezoning Petition by owner Mr. Markos Chouliaris. The recording I�I
secretary verified that the affidavits of mailed, posted, and published I
notice of the Public Hearing were on file. I
Assistant Planner Richard Pearson reviewed the Tom Thumb Center rezoning
request. The request was to change from Convenience Commercial .(C-1}
zoning to Community Commercial (C-2) zoning. The C-2 zoning is typically
seen along Highway 3 and 145th Street in the older downtown area. The
Planning Commission reviewed this and concluded that the suburban
character be maintained near Chippendale Avenue, Dodd Boulevard and 145th
Street and therefore, the Commission recommended to deny the petition.
Pearson noted that alternative processes available to Mr. Chouliaris for
expansion of his business would be a zoning text amendment, a variance,
or a PUD application at the time when he has a complete design prepared.
At�orneg Reid Hansen represented Mr. Chouliaris. Hansen said Chouliaris
started his restaurant business, T.O.P.S. , in August 1990. Since then
Chouliaris has purchased the Tom Thumb Center, moved his family here, and
runs a good family style business. Hansen requested City Councii to
defer actian tonight because of the six month period required before
another petition could be brought before the Planning Commission.
Klassen noted that the zoning request may be premature since Mr.
Chouliaris does not plan to expand for two or three years and does not
have a design plan.
Planning Director Lisa Freese requested that Council take action now �
since other procedures are in place that would work as well but still k'
have controls to protect the residents, land value, and city plan.
Freese noted that staff should be directed to investigate the parking
issues for that property.
MOTION by McMenomy to close the Public Hearing for the Tom Thumb Center
Rezoning Petition. Secoad by Willcox. Ayes: Wippermann, McMenomy,
Staats, Rlassen, Willcox. Nays: None.
MOTION by McMenomy to table action on the Tom Thumb Center Rezoning
Petition by Mr. Chouliaris. Secoad by Willcox. Ayes: McMenomy, Staats,
Willcox, Wippermann. Nays: Klassen.
MOTION by Willcox to direct staff to take ninety days to review the Tom
Thumb Center expansion request. Secoad by McMenomy. Ayes: Staats,
Klassen, Willcox, Wippermann, McMenomy. Nays: None.
Mayor McMenomy opened the Public Hearing for the Shannon Pond PUD,
Preliminary Plat, and Rezoning. The recording secretar� verified that
the affidavits of mailed, posted, and published notice of the Public
Hearing were on file.
Planning Assistant Pearson reviewed the Planned Unit Development by
Hampton Development Corporation for Shannon Pond. The Preliminary Plat
was revised because of a 120 foot wide strip of property owned by another
developer which could not be acquired. Development of this two acre
strip of land and the eight acres of property south of it were not
included in this Preliminary Plat. The Planning Commission recommended
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REGULAR. MEFTING
APRIL 20, 1993
approval of the Shannon Pond Development.
MOTION by McMenomy to close the Public Hearing for Shannon Pond PUD,
Preliminary Plat, and Rezoning Petition. Second by Klassen. Ayes:
Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: - None.
MOTION by Wippermann to adopt A RESOLIITION APPROVING TSr SHANNON POND
CONCEPT PLANNLD UNIT DEVELOPMENT AND PRSLIMINARY PLAT AND SETTING OtTT TSE
CONDITIONS FOR FINAL PLAT APPROVAL. Secoad by Klassen. Ayes:
Wippermann, McMenomy, Staats, Klassen. Nays: Willcox.
MOTION by Wippermann to authorize execution of the Planned Unit
�evelopment and Ma.ster Subdivision Agreement. Second by Klassen. Ayes:'
�Tippermann, McMenomy, Staats, Klassen. Nays: Willcox.
MOTION by Wippermann to adopt Ordiaaace No. 8-27, AN ORDSNANCE AMBNDING
ORDINANCB B - CITY OF ROSB�OIINT ZONING ORDINANCB. Secoad by McMenomy.
Ayes: McMenomy, Staats, Klassen, wippermann. Nays: Willcox.
Council discussed the possibility of the southern portion of this land
not being desirable for development and that some future Council will
have to deal with that. �Condemnation does not clearly meet "public ,
purpose" requirements in this area because the condemnation would need '
to include areas that were outside the storm s�wer easement. The
Hampton Development Corporation noted that the two parcels together (ten
acres) would not be that difficult to develop.
Willcox requested commitment from Harnpton Development Corporation for
removing the storm sewer pipe or to escrow money to insure it will be
taken care of. Hampton motioned that they would. However, Attorney
Miles counseled that since Hampton Development Corporation didn' t own the
easement property, they would not be obligated to maintain it.
Ma.yor McMenomy noted that Council was to look out for the "public good"
but legally there was no recourse at this time. McMenomy did acknowledge
Hampton Development Corporation and Broback Builders for their financial
commitment by building in Rosemount.
Mayor McMenomy opened the Public Hearing far the Chippendale Avenue
Improvemen.ts, Project 191. The recording secretary verified that the
affidavits of mailed, posted, and published notice of the Public Hearing
were on file.
City Engineer/Assistant Public Works Director Bud �smundson presented an
overview of the Chippendale Avenue Project. There are three property
owners to be assessed. The Water Core Fu�ds will pay $9, 116 of the cost
which leaves $182, 857 to be assessed. The original project was presented
June 5, 1990 at a Public Hearing.
Ma.yor McMenomy vacated his chair to Acting Mayor Wippermann because this
Public Hearing involves his home site property.
Acting Mayor Wippermann called for comments from Council and the
audience.
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ROSS�SSOUNT CITY PROCFEDINGS
REGIILAR MEETING li
APRIL 20, 1993 ,
Attorne John Burns r II
Y , epresenting all property owners regarding Project ,
191 noted that the benefit incurred to the value of the property would be
far less than the assessed amount. His clients are opposed to the method
used to assess these properties and in regard to dividing the cost on a
per acre basis inappropriate. State law requires that the appraised
benefit must match or surpass the assessment cost to a property owner.
MOTION by Wippermann to close the Chippendale Avenue Improvements Project
191 Public Hearing. Secoad by Willcox. Ayes: Staats, Klassen, Willcox,
Wippermann. Nays: None. Absent: McMenomy.
MOTION by Willcox to forgo any action on Chippendale Avenue Improvements
Project 191 until the appraisals are received. Secoad by Klassen.
Discussion ensued. Appraisals are for determining benefit. Motion and
second were withdrawn.
MOTION by Willcox to direct city staff to get an appraisal for all
involved properties on the Chippendale Avenue Improvement Project 191.
5ecoad by Klassen. Ayes: Willcox, Wippermann, Staats, Klassen. Nays:
None. Absent: McMenomy.
MOTION by Wippermann to adopt A RESOLIITION APPROVING CHIPPFsNDALF AV'E'NU'E
I�PROVEMENTS, CITY PROJLCT 191. Secoad by Klassen. Ayes: Staats,
Klassen, Willcox, Wippermann. Nays: None. Absent: McMenomy. i
E+tOTION by Willcox to table any further action on assessments for Project
i91. Second by Wi ermann. A es: Staats Klas n
PA _ Y , se , Willcox Wi ermann.
Nays: None.
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Mayor McMenomy resumed his chair and opened the Public Hearing for 145th
Street Reconstruction Project 235 at 10:20 p.m. The `recording secretary
verified that the affidavits of mailed, posted, and published notice of
the Public Hearing were on file.
City Engineer Bud Osmundson presented Project 235 which would include the
reconstruction of 145th Street West from Shannon Parkway tr� Chile Avenue, j
plus the realignment of the Chili/Chippendale Avenue intersection, plus
the reconstruction of Chili Avenue from 144th Street northerly to the �
high school property line. Appraisals of the property have been ordered. �ti,
A reference had been made to an agreement with the School District on .the
maintenance of Chili Avenue after 1959 when Chili was reconstructed,
however, no paper work has been found to support this by either the City
or the School District.
Many residents responded against the Project, siting the assessment
amount would not increase the value of their homes, that the School
District should be responsible for some costs since the school bus
traffic has made the street wear out long before neighboring streets, and
145th Street is no longer a °residential" street but a busy connector
street. These reasons make the Project undesirable.
Some residents who spoke against the project were: Mr. Ken Gist, Mr. I�,
Todd, Mary Hynes (represented by her son) , Mr. Heinen, Mr, Carroll, John
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REGIILAR MEETING
APRIL 20, 1993
Wetterhom, and other unidentified people. Suggestions were made to cal-
de-sac Chili or make Chili Avenue able to bear higher tonnage loads for
school buses.
Osmundson noted that Chili Avenue will be constructed for heavier weight
traffic. Osmundson said that Connemara Trail, north of the �
Armory/Community Center will be a connector street when continued to
Highway 3 and could provide another exit from the high sehool. This
would draw more traffic away from 145th Street also.
MOTION by McMenom�r to close the PubYic Hearing on the 145th Street
Reconstruction, Project 235 . Secoad by Wippermann. Ayes: Klassen,
Willcox, Wippermann, McMenomy, Staats. Nays: None.
�30TION by McMenomy to adopt A RESOLIITION FOR THS APPROVAL OF 14ST8 STREET
IMPROV�NTS FRO� SHANNON PARK6�AY TO CHILI-CSIPPENDALS AVEN'QF� T8E
REALIGNMENT OF CSILI-CHIPPENDALE INTTRSECTION AND CHILI AVE'NIIE FROD� 145TH
STREBT TO NORTH TERMINIIS. Secoad by Klassen. Ayes: Wippermann,
McMenomy, Staats, Klassen. Nays: Willco�c. Motion carried.
MOTION by McMenomy to adopt A RESOLIITION ORD$RING P?�ANS AND
SPECIFICATIONS FOR 145TH STREBT IMPROVEMEN'PS FRO� SHANNON PARR�PAY TO "
CHILI-CHIPPSNDALL AVSNUE, TSE REALIGNA�NT OF CBILI-CBIPPENDALE
INTERSLCTION AND CHILI AV'E'NIIE FROM 145T8 STREET TO NORTB TERMINIIS.
Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Nays:
Willcox. Motion carried.
MQT=ON by Willcox to adjourn the meeting. Willcox suggested continuing
the meeting tomorrow evening. Motion died for lack of a second.
Cathy Busho, a member of the Jaycee' s presented $15, 000 to City Council
for eable casting equipment to be used for the City CounciL meetings and
possibly other commission meetings by June, 1994. This is start-up costs
and Council agreed to proceed with the purchase.
Councilmember Willcox left the meeting at 11:10 g.m.
MOTION by Wippermann to accept the $15, 000 donation from the Rosemount
Jaycees for the purchase and installation of cablecast equipment and to
direct the City Administrator to work with city staff to acquire cost
estima.tes and procedural information for Council to decide on whether to
proceed, and determine what process to follow. Secoad by Klassen. Ayes:
McMenomy, Staats, Klassen, Wippermann. Nays: None.
Council and City Administrator Jilk thanked Cathy Busho and the Jaycees
for their community pride and involvement. Busho presented donations to
the Community Center, Carroll ' s Woods, and other programs.
Rick 0'Geara from SKB Environmental, Inc. reviewed his company' s intent
to purchase the compost site from Richard Pecar and the Joint Powers of
the Cities of Lakeville, Apple Valley, Rosemount, and Farmington. SKB
Environmental owns two other compost sites in Minnesota. The cities
involved would be a.ble to continue to operate the compost site in
Lakeville as before. City Attorney Miles said the contract was in order.
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ROSLMOIINT CITY PROCEEDINGS
REGQLAR MEI�TING I�'
APRIL 20, 1993
MOTION by Wippermann to approve the assignment agreement to transfer the ,
agreement for operation of the Joint Powers Yard Waste Facilit from R.
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D. Pecar to SKB Environmental, Inc. and authorize the Mayor and City li
Clerk to sign on behalf ot the City. Second by Klassen. Ayes: Staats, '
Rlassen, Wippermann, McMenom�r. Nays: None. ',I
Mayor McMenomy presented Leroy Mullikin whom has had difficulty .obtaining
a lot division. He has had $5000 in expenses to this point partly due to
a 20 foot parcel that was given to him from a neighboring developer.
Staff recomm
ends f r h
u t er surveying to finalize all lot lines and then the
Board of Appeals of Adjustment can examine it further. City Council
directed staff and Attorn.ey Miles to get further information to present
at the next City Council meeting. !,�
t
Councilmember Klassen said the Minnesota' s State Senate has approved
$30,000 for the International Ringette Tournament to be held in Nlarch,
1994. This is being co-sponsored by South St. Paul and Rosemount and
sc�me events will be in our new Community Center Arena. There will be an
estimated 2000 people attending this and Rosemount businesses are ��
expected to "gear up" for the event. The Bill has to be passed through �
the House and signed by the Governor.
�dOTION by McMenomy to approve the Consent Agenda not including Item 4. j , ',GI
Fund Transfers/Budget Amendments. Second by Klassen. Ayes: Klassen, ',i
Wippermann, McMenomy, Staats. Nays: 1�Tone.
Public Works Director Ron Wasmund reviewed the Connemara Water Tower site
purchase and easement agreements.
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MOTION by Wippermann to concur with the expenditure of funds made by the y
Utility Commission in the acquisitian of the Connemara Water Tower site
in the amount of $25, 856 from the Water Core Funds. Secoad by Staats.
Ayes: Wippermann, McMenomy, Staats, Rlassen. Nays; None.
Finance Director Jeff May presented to Council the need for an additionaT
person for the Deputy Registrar position. This would be a part-time
position. Saturday' s 9 :00 a.m. to 12 :00 p.m. opening of the Deputy
Registrar' s window is also being considered.
Mayor McMenomy, Councilmembers Klassen and Wippermann said they ha.d
talked with many residents and were surprised at the number that do use
the service provided by the Deputy Registrar' s Offiee for vehicle tabs
and DNR registrations. It is a service Rosemount would not like to 1ose.
MOTION by Klassen to approve the job description for the position of
Deputy Registrar Clerk, the hiring process for this position, and the
points and salary range as outlined in the attached Finance Director� s
memo dated February 23, 1993 . Second by Staats. Ayes: Wippermann,
McMenomy, Staats, Klassen, Nays: None.
�ouncilmember Staats questioned staff on the Storm Water Utility Fund
tran.sfer shown in the Budget Amendments. It was clearly shown that the
funds were for staff time reimbursement for services on the Storm Water
Utility set up.
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ROSE'D�OUNT CITY PROCESDINGS
REGIILAR MEETING
APRIL 20, 1993
MOTION by Wippermann to adopt A RESOLIITION APPROVING THE AbIENDMENT OF
CERTAIN 1993 BUDGET ITgMS for the General Fund and the Storm Water
Utility Fund as outlined in the attached memo. Second by Staats. Ayes:
McMenomy, Staats, Klassen, Wippermann. Nays: None.
MOTION by Wippermann to approve the fund transfers per the April. 20, 1993
memo. Secoad by Klassen. Ayes: Staats, Klassen, Wippermann, McMenomy.
Nays: Nane.
The Rosemount Methodist Church has filed a petition for the vacation of
the public right-of-way which extends south from Lower 147th Street to
their south property line. The church desires to improve and expand
their parking lot.
�+lOTION by Klassen to set a Public Hearing for vacation of certain Right-
Of-Way on Ma�r 18, 1993 at 8 :00 p.m. Secoad by Wippermann. Ayes;
Rlassen, Wippermann, Staats, Rlassen. Nays: None.
MATION by McMenomy to set Public Hearing of Eminent Domain on Nlay 18,
1993 at 8:OQ p.m. Secoad by Klassen. Motion and second withdrawn.
MOTION by McMenomy to adopt A RESOLUTION OF T8E CITY CODNCIL OF
ROSEMOUNT, MINNESOTA DIRSCTING CONDEMI�TATION OF LANDS NEEDED FOR PROVIDING
SE�R SERVICE TO T8L NATIONAL GC1'ARD AR�ORY AND COb�UNITY CENTFsR PRESEN'TLY
BEING CONSTRIICTED IN ROSEMOIINT, MINNFSOTA. Second by Klassen. Ayes:
McMenomy, Staats, Rlassen, Wippermann. Nays: None.
MOTION by Staats to authorize staff to proceed with negotiation.s for a
Deferred Assessment Agreement for payment on an installment basis with
the Kelly Trust for Project 194. Secoad by Wippermann. Ayes: Staats,
Rlassen, Wippermann. Nays: None. Abstain: McMenomy. Motion carried.
City Administrator Jilk testified at a Special Metropolitan Council
meeting called Monday, April 19, 1993 along with many other suburban
communities. Metropolitan Council had intended to put a moratorium on
all MUSA expansions. This would in effect push development back into the
inner city. A motion was passed instead to continue the interim
permitting and no moratorium was placed on the MUSA expansions.
MOTION by MeMenomy to adjourn the meeting. Secoad by Staats. - Council
was in agreement, the meeting was adjourned a� 12 :57 p.m.
Respectfully submitted,
� Linda Jentink, Recording Secretary
ATTEST:
Stephan Jilk, City Administrator
The City Council Agenda Packet is Clerk' s File 1993-15 .
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