HomeMy WebLinkAbout4.a. Minutes of July 3, 1990 Regular Council Meeting ROSEMOtTNT CITY PROCEEDINGS
, � a REGULAR MEETING
�'tTLY 3, 1990
Pursuant to due call and notice thereof a regular meeting ot the City
Council of the City of Rosemount was duly held on Tuesday, July 3, 1990, at
7:30 p.m. in the Council Chambers at City Hall.
Mayor Napper called the meeting to order with all members present.
Mayor Napper led t2ze group in the Pledge of Allegiance.
The agenda was amended to include Item 10(b) Update on Lead Contamination
Clean-up at University of Minnesota property.
Administrator Stephan Jilk referred ta a letter received from Bernard E.
Szczesniak, dated July 2, 1990, which requested clarification that Council
action in accepting his resignatian from the Fire Department reflect his
retirement after 11 years and 4 days of serviee. Council unanimously
concurred with this clarification and noted their appreciation of
Szczesniak' s many years of service on the Fire Department. See Clerk' s
File 1990-21 .
Item 4(1) of the Consent Agenda was moved to be discussed under Old
Business Item 5(d) .
MOTION by Napper to approve the Consent Agenda with the rernoval of Item
4(1) . SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough,
Klassen. Nays: 0, See Clerk' s File 1990-21
Council reviewed the final draft af the Interim Use Agreement between
Parker Communications, Inc. and the City of Rosemount for the construction
of an A.M. radio antenna system consisting of four A.M, radio towers to be
Iocated on properties situated north and east of State Trunk Highway 55.
See Clerk' s File 1990-21 .
MOTION by Wippermann to approve the Interim Use Agreement betwsen Parker
Communications, Inc. and the City of Rosemount and to au�horize the
necessary signatures. SECOND by Willcox. Ayes: Wippermann, Napper,
Oxborough, Klassen, Willcox. Nays: 0.
MOTION by Wippermann to adopt A RESOLUTION APPROVING AN INTERIM USE PERMIT
FOR THE PARRER COMMUNICATIONS RTCJ-AM RADIO ANTENNA PROJECT. SECOND by
Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays:
0.
Community Development Director Dean Johnson presented for Council action an
ordinance setting out the sign provisions of the Zoning Ordinance and a
summary of the content of the sign provision ordinance, Johnson
recommended publishing the summary in the City's official newspaper and
mailing the new sign provisions to the entire business community. Johnson
requested authorization to mail the new sign ordinance to the entire
business community as well as a memorandum advising businesses city staff
will begin inventorying non-conforming signs. Johnson estimated an
inventory would take approximately three months which would allow a grace
period before notices would be issued to non-conforming sign owners.
Johnsan also suggested information on the new sign provisions be included
in the next city newsletter. Johnson advised copies of permits for
temporary signs and a resolution setting fees will be presente3 at the
next regular Council meeting. Council discussed the final draft of the
ROSEMOIINT CITY PROCEEDINGS
` ' REGULAR MEETING
JULY 3, 1990
sign ordinance provisions, the fee schedule, the process for temporary
permi�ted signs and minor errors. See Clerk' s File 1990-21 .
MOTION by Willcox to adopt ORDINANCE NO. B-5, AN ORDINANCE AMENDING
ORDINANCS B CITY OF ROSEMOUNT ZONING ORDINANCE and to approve publication
of the Summary of Content of Ordinance B-5. SECOND by Oxborough. Ayes:
Ox�orough, Klassen, Willcox, Wippermann, Napper. Nays: 0.
MOTION by Willcox authorizing distribution of copies of the sign provisions
and memorandum, outlining the procedures to inventory and provide notice of
compliance for non-conforming signs, to all business in the community.
SECOND by Wippermann. Ayas: Klassen, Willcox, Wippermann, Napper,
Oxborough. Nays: 0.
Administrator Stephan Jilk reguested Council approval to concur with County
officials' sugge�stion to construct this year the bike/pedestrian trail on
the south side of County Road 42 from Highway 3 to Chippendale Avenue
togather with the construction of the trail on the north .side from Hzghway
3 to Diamond Path. Jilk advised the city had proposed to construct the
south trail as development occurred, but since the County proposed to bill
the City for the south trail in 1991 , Jilk feit construction at this time
was feasible. See Clerk' s File 1990-21 .
Mayor Napper suspended the regular agenda to allow Council to conduct a
public hearing scheduled at this time. Mayor Napper opened the public
hearzng to considar a rezoning from AG Agriculture to R-1 Single Family
Residential of the proposed Wensmann Fifth Addition.
The city clerk presented for the record the Affidavit of Publicatiom and
Affidavit of Mailed and Posted Hearing Notice. See Clerk' s File 1990-21 .
Community Development Director Dzan Johnson advised the proposed
development consists of 38 single family lots and represen�s the final
phase of the 208 unit Wensmann Additions Planned Unit Development
Agreement. Members of Council commented on the proposed lots with 75 foot
frontage and expressed concerns the proposed final plat does not meet the
80 foot minimum frontage requirement of the recently adopted Zoning
Ordinance. Johnson noted that the "vested rights" provision in the
Wensmann PUD had expired, and the City could require compliance under the
new ordinance. He noted, however, that the PUD Agreement also required
additional sideyard setbacks to guarantee maximum structure separation. He
noted further, that only eight of the 36 lots were less than 80 feet in
width. See Clerk' s File 1990-21 .
Members in the audience did not comment or oppose the rezoning petition.
MOTION by Oxborough to close the public hearing. SECOND by Wippermann.
Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0.
MOTION by Oxborough to adopt ORDINANCE NO. B-6, AN ORDINANCE AMENDING
ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE, SECOND by Willcox. Ayes:
Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0.
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ROSEMOIINT CITY PROCEEDZNGS
REGULAR MEETING
JULY 3, 1990
Mayor Napper opened the public hearing scheduled at this time to consider
City Project 213, Option B, 160th Street Watermain Alternate Route.
The city clerk presented for the record the A�fidavit of Posted and Mailed
Hearing Notice and Affidavit of Publication. See Cierk' s File 1990-21 .
City Engineer Rich Hefti advised the purpose of the hearing is to evaluate
an alternate route to provide watermain to properties east of Highway 3 and
north of 160th Street as an alternative to the original alignment
cansidered by Council at the public hearing held on June 5, 1990.
Consulting Engineer Steve Campbell of SEH provided an overview and
estimated costs for Project 213 and Project 213B. See Clerk' s File 199Q-
21 . ,
City Engineer Rich Hefti advised the alternate route would allow more
benefit to a greater amount of property and reduce the amount of
contribution from the watermain core facilitv fund. Hefti reviewed a cost
comparison between the two projects indicating which pronerties would be
assessed and the portion of the cost the City would be responsible for from
the core facility fund. Hefti reviewed the proposed assessment method and
rates and campared the proposed assessrnent costs of the two options. See
Clerk' s File 1990-21 .
The majority of affected property owners in attendance at the public
hearing stated their opposition to Project 213, Option B.
MOTION by Napper to close the public hearing. SECOND by Willcox. Ayes:
Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0.
MOTION by Willcox to adopt A RESOLUTION FOR APPROVAL OF 160TH STREET
WATERMAIN, CITY PROJECT #213. SECOND by Oxborough. Ayes: Oxborough,
Klassen, Willcox, Wippermann, Napper. Nays: 0.
MQTION by Willcox to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS
FOR 160TH STREET WATERMAIN, CITY PROJECT �213. SECOND by Oxborough. Ayes:
Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0.
A reeess was called at 8:55 p.m. with the meeting continuing at 9:10 p.m.
Regular agenda discussed resumed at this time.
City Engineer Hefti reviewed with Council the plans prepared by County
staff for the pedestrian/bike trails on County Road 42. Following
discussion, Council felt consideration should be given to assessing the
aosts of the south trail and directed staff to development an assessment
policy for trails as well as an overall trail maintenance policy. Council
agreed residents should be made aware of city �olicy regarding trail
maintenance and requested an article be included in the fall issue of the
city newsletter.
MOTION by Willcox to approve the County' s proposal to construct the trail
on the north side of County Road 42 from Highway 3 to Diamond Path and to
construct the segment of trail on the south side of County Road 42 from
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ROSEMOUNT CITY PROCEEDINGS
� " RE�ULAR MEETING
JULY 3, 1990
Highway 3 to Chippendale Avenue. SECOND by Oxborough. Ayes: Willcox,
Wippermann, Napper, Oxborough, Klassen. Nays: 0.
MOTION by Willcox to direct staff to prepare an assessment policy and an
maintenance policy for pedestrian/bike trails. SECOND by Klassen.
Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0.
MOTION by Napper to adopt A RESOLUTION APPROVING THE WENSMANN FIFTH
ADDITIONAL FINAL PLAT. SECOND by Willcox. Ayes: Napper, Oxborough,
Klassen, Willcox, Wippermann. Nays: 0. See Clerk' s File 1990-21 .
Council discussed the recommendation received from staff to order the
feasibility report for Shannon Hills 2nd Additions, City Project #216.
Discussion ensued between Council and staff regarding staif' s rationale for
going ahead with phases of pending developments, with regards to lot
frontage widths, that do not eomply with the current Zoning Ordinance.
Johnson noted that the PUD Agreement for Shannon Hills had a five-year
vested rights provision, protecting the development from �plan or ordinance
changes. Similar to the Wensmann PUD, the City had required additional
sideyard setbacks in exchange for lot width concessions. Johnson also
noted the PUD Agreement requires oversized lots in exchange of the narrower
lots. Johnson stated his opinion that the flexibility the PUD procedures
provide are working well and are consistent with the ordinances and the
public's interest. See Clerk' s File 1990-21 .
MOTION by Napper to adopt A RESOLIITION RECEIVING PETITION AND ORDERING THE
FEASIBILITY REPORT FOR SHANNON HILLS 2ND ADDITIGIN STREET IMPROVEMENTS, CITY
PROJECT �216. SECOND by Willco�:. Ayes: Oxborough, Klassen, Willcox,
Wippermann, Napper. Nays: 0.
MOTION by Napper to adopt A RESOLIITION RECEIVING PETITION AND ORDERING THE
FEASIBILITY REPORT FOR SHANNON HILLS 2ND ADDITION STREET AND IITILITY
IMPROVEMENTS, CITY PROJECT �216. SECOND by Willcox. Ayes: Klassen,
Willcox, Wippermann, Napper, Oxaorough. Nays: 0.
Council reviewed information received from the Dakota County Housing and
Redevelopment Authority in reference to the Low Income Housing Tax Credit
Program being proposed for use at the Cimarron Village Townhouses. City
Administrator Stephan Jilk advised Council has the opportunity to comment
on the use of these funds for the Cimarron Village project prior to the
Dakota County HRA Board Meeting on July 10, 1990. Jilk informed Council
the Rosemount Economic Davelopment Authority (EDA) took action this evening
in support of financing for the project. A member of Council felt it
should be determined whether the Shannon Park Tawnhomes project is fu11y
occupied before other multiple housing projects are considered. See
Clerk' s File 1990-21 .
MOTION by Napper to support the use of funds which may be allocated through
the Low Income Housing Tax Credit Program for the Cimarron Village
Townhouses. SECOND by Klassen. Ayes: Willcox, �aippermann, Napper,
Klassen. Nays: Oxborough.
City Administrator Stephan Jilk presented for Council approval the proposal
received from Barr Engineering regarding the estimate of costs and exoanded
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� ROSEMOIINT CITY PROCEEDINGS
' REGULAR MEETING
JULY 3, 1990
scope of work in reviewing USPCI financial assurances. Jilk advised this
proposal supplements Barr' s previously submitted proposals which did not
include a comprehensive review of t:ie USPCI cost estimates for closure,
post-closure care and contingenc action. See Clerk' s File 1994-21 .
MOTION by Willcox to approve the proposal by Barr Engineering to complete
the review and present recommend tions on the financial assurance proposals
by USPCI, Inc. SECOND by Klasse . Ayes: Wippermann, Napper, Oxborough,
Klassen, Willcox. Nays: 0.
Council and the city administra�a',r 3iscussed dates for special meeting
workshops. Council �r�ill submit to the administrator dates they are not
available during the coming months.
City Administrator Jilk advised the University of Minnesota rsceived
approval by the MPCA to clean up 'the lead contaminated soil by a new
method. This method would allow the University to excavate the
contaminated soil and haul the soil to a landfill in Alabama. Jilk advised
the hauling away of approximately 2600 yards of materials should be
accomplished by the middle of July, 1990.
MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0.
Respectfully submitted,
Susan M. Johnson, City Clerk
ATTEST: '
Stephan Jilk, City Administrator I14
Published this day of I�, 1990 in Dakota Caunty Tribune,
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