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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. 2 , 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 3 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 4 � 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, 5