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HomeMy WebLinkAbout6.a. Minutes of March 6, 2003 Regular City Council MeetingITEM � - 6 A ROSEMOUNT REGULAR M NG 1 MARCH 6, 2003 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Thursday, March 6, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875 - 145th Street West. City Attorney LeFevere administered the public Oath of Office to the newly appointed Council Member Kevin Strayton. Council Member Strayton's family attended and Strayton was applauded for his active part in the City Council. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe - Corrigan, Riley, and Strayton present. Also in attendance were Interim City Administrator/ Police Chief Kalstabakken, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Parks and Recreation Director Schultz, and Engineering Consultant Mark Erichson. The meeting was opened with the Pledge of Allegiance. The agenda had one item added to New Business, Great River Energy Power Plant Presentation and additional information was provided for Item 9. b. SKB Interim Use Permit Modification. Council consensus was to approve the agenda as presented. There were no public comments or response to public comments. Consent Agenda MOTION by Riley to approve the Consent Agenda. Second by DeBettignies. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion passed. a. Minutes of February 20, 2003 Regular City Council Meeting b. Minutes of February 13, 2003 Committee of the Whole C. Bills Listing _ - -- -- d. Receive Donation for Parks and Recreation Department e. Expenditure From Donation Account for Parks 'and Recreation f. Appointment of Assistant Fire Chief g. Hiring of Building Maintenance Worker h. Receive Feasibility Report/Set Public Hearing -160 ST. Sanitary Sewer Extension, CP.365 i. Receive Plans & Spec's /Authorize Ad for Bid - Connemara Tr., Phase 2, City Proj. 343A j. Receive Plans & Spec's /Authorize Ad for Bid - Bloomfield 5 Street & Utility Improvement, City Project 364 k. Commission By Laws and Selection Policy Amendments 1. Evermoor Glendalough Minor PUD Amendment m. Joint Powers Agreement Amendment for the 2003 Waste Abatement Community Funding Plan n. Public Safety Dispatch Agreement for 2003 o. Leprechaun Days Contract PUBLIC HEARING: Appeal of Planning Commission Interpretation of a Zoning Ordinance Standard for Gary & Wendy Jo Raak, 13429 South Robert Trail Mayor Droste reviewed the public hearing process. The Affidavit of Notice and Publication were on file with the City Clerk's office. 1 • ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2003 City Planner Pearson presented the staff and Planning Commission's interpretation of the zoning ordinance application to the roof material at 13429 South Robert Trail. The home there has a cedar shake roof and the sides of the home are brick and stone. Gary and Wendy Jo Raak began to re -roof their standard red barn on the six acre rural residential zoned property with brick red standing seam metal roof and tan metal siding. Because the zoning ordinance requires matching materials, the Raaks were asked to stop their project and ask for an interpretation. A variance is not an option because there is no hardship shown. The Raak barn is highly visible when entering Rosemount and a well maintained barn would be desirable. Council asked staff to consider an amendment to the zoning ordinance, which would allow maintenance of old farmsteads. It would have to be specific enough to differentiate from a garage or shed. Historical qualities could be a consideration. City Planner Pearson asked for direction on if the material should mimic closely the house standards or only need to match color? Attorney Steve Ling represented the Raak's request. Ling noted that they wished to update and improve their property. Changing the barn over to metal materials would provide a durable shell and complement the existing house. Gary Raak stated that the barn was in need of paint and the roof was sagging. Raak also noted that it would be cost prohibitive to remodel the barn with cedar shakes and stone. Attorney Ling determined that Minnesota State Statutes 16B.62 noted that building codes do not apply to agricultural buildings. City Attorney LeFevere asked if this property is a working farm. Raak noted that he raises horses and does list this on his income tax and the barn and out buildings are used for hay and horse equipment. Raak also noted the Rosemount National Bank has the same style roofing and several other historical farms in Dakota County, i.e. Hoffman Farm and Alderman Farm. City Planner Pearson noted that he would categorize the Raak property as a hobby farm and he noted that horses are allowed in all zoning districts. Council Member Shoe - Corrigan brought out that metal roofs are allowed on homes in -the residential districts. Mayor Droste opened the Public Hearing for audience input. Myron Napper, 3381 145th Street East, noted he is on the Rosemount Planning Commission, but this evening he approached City Council as a resident. Napper reported that he has a metal roof on one of his out buildings and that it requires little maintenance and looks great. Napper recalled that the zoning ordinance of 1989 divided the area east of Akron Avenue for more agricultural uses. Napper suggested that an article be placed in the Rosemount Town Pages and ask residents to give their opinions on how they want the entrance to their town to look. Napper felt the Raak farm is beautiful and because everyone sees it from Highway 3 it should be maintained. MOTION by Droste to close the Public Hearing for the appeal of the Planning Commission interpretation of a zoning ordinance standard for Gary & Wendy Jo Raak, 13429 South Robert Trail. Second by Riley. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Motion carried. City Planner Pearson noted that the Planning Commission further requested City Council to consider language that would preserve agricultural buildings although no longer used for active farming. The current zoning ordinance acts to incorporate the non - conforming farms into the residential development around them. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2003 Mayor Droste noted that this public hearing issue is about the material used for the roofing, it is not a variance request because there is no hardship. City Attorney LeFevere noted that this is not a building code provision, since there is no safety issue, but it is about aesthetics and how to allow this building material, if desired, within the zoning ordinance. MOTION by Shoe - Corrigan to direct staff to prepare draft ordinance language that would preserve agricultural buildings and add this discussion to a work session. Second by Riley. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Zoning Text Amendment to the Waste Management District City Planner Pearson explained that SKB Environmental, Inc. has requested a zoning text amendment that will facilitate construction demolition material added to the landfill material list. The amendment would also remove the 200,000 cubic yard maximum amount limit and standards that regulate recycling operations would be added. The Planning Commission conducted a public hearing and does recommend approval of the amendments to the Waste Management District, Sections 6.17 B 2. Pearson noted that the cubic yard limit was somewhat arbitrary. The Minnesota Pollution Control Agency (MPCA) and Dakota County will conduct regular inspections of waste material and soil conditions. Council agreed to the changes after discussion. MOTION by DeBettignies to ADOPT AN ORDINANCE AMENDING SECTION 6.17.B.2.a. of ORDINANCE B, regarding the Waste Management District. Second by Strayton. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. SKB Interim Use Permit Modification _Community - Development Director --P- arsons reviewed discussion- for the Interim­ Use- Permit - (I.U.P.) that would call for renewal every five years. The Permit is tied to state and county approval. The Rosemount Community Trust Fund will be required to be updated within a year from approval of the I.U.P. The end use of the property will affect each cell as it is filled and closed. Hazardous waste will not be accepted at any time as waste material. The MPCA will maintain records of waste material. Council requested that they receive all reports issued from and to SKB Environmental, Inc. The MPCA did decide to have an Environmental Assessment Worksheet done for this expansion. SKB had prepared this worksheet prior to the MPCA's request so time was saved. MPCA noted that on the first review of that document there were no "red flags" or concerns. A public notice will go out for 30 days before a public hearing to allow residents to respond. Beth Lockwood, Supervisor for EPA, noted that notice will be mailed as well to interested parties. A response will be made to each person who contacts the MPCA, which will take a few weeks. So it will likely be two months before approval is complete. Rick O'Gara, President of SKB Environmental, Inc. said they would like to begin construction in the spring. The City's intent for approval of the Interim Use Permit needs to be sent along to the MPCA and Dakota County for them to begin their process of approval. O'Gara noted that traffic has been improved by routing trucks to County Road 38 during peak traffic times on Highway 52. Staff was directed to tighten language in a few places of the permit. Council noted that the end use could possibly change in the future and that the closure cost should be adjusted to current 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2003 values by adding "in 2003 dollars ". O'Gara noted that any change in the end use plan would have to have the approval of the MPCA and Dakota County. MOTION by Riley to authorize execution of an amendment to the I.U.P. to SKB Environmental, Inc. conditional on City receipt and approval of EAW and SKB would be responsible to copy any reports to the City. City Attorney LeFevere noted he had composed a motion more inclusive. Council Member Riley withdrew her motion and moved LeFevere's motion. MOTION by Riley to approve the Interim Use Permit and approve the execution of the proposed Interim Use Permit and Development Commitment with the following changes to the Interim Use Permit Agreement: 1) add that all inspection reports received by SKB from the MPCA, Dakota County, OSHA and other governmental regulatory agencies shall be forwarded by SKB to the City within five working days of receipt, 2) add that reports submitted by SKB to the MPCA, Dakota County, or other governmental regulatory agencies shall be submitted to the City simultaneously, and 3) add that references to the cost of the approved post closure plan be changed to reflect that they are stated in 2003 dollars; provided, however, that such approvals are effective on May 16, 2003. The City Council may delay such effective day and approval may be reinstated following completion of the environmental review process conducted pursuant to Minnesota Statutes, Chapter 176D. Second by Shoe - Corrigan. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried. Set Special Meeting for Commission Applicant Interviews City Clerk Jentink reported that the selection process for commissioners had begun. A press release was given out on February 26th. Applications will be accepted through March 7, 2003. Jentink- asked Council to consider -a -date -and time for interviews of the applicants. Council determined that March 20th, 4:00 p.m. to 6:00 p.m. would allow all council members to attend. MOTION by Droste to set a Special Meeting for the purpose of interviewing applicants for city commissions on Thursday, March 20, 2003, at 4:00 p.m. Second by Riley. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Great River Energy: Proposed Generation Project Rick Lancaster, representing Great River Energy described the power plant generation operation fueled primarily with natural gas, with oil as back -up fuel. This has a second turbine steam cycle and is 50% efficient, much higher than older operations. The plant would require a large amount of water, but would try to utilize water from the planned Empire treated effluent flowing to the Mississippi River. Margaret Shinner and Greg Miller of Dakota Electric Coop attended and purchase power from Great River Energy. State law authorizes the Minnesota Environmental Quality Board to pre -empt a city's zoning and other local controls in locating a power plant. Candace Olson from Great River Energy had contacted residents near the site to let them know the intentions for the power plant. The acreage has space to place two power plants, but only one is being considered at this time. The steam stacks would be 130 feet high (about the same as the old Brockway Glass stack), the boilers would be 90 feet high. Power lines would be required from the plant to send the electric power out. The plant would create thirty to forty permanent jobs and during the build out as many as 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2003 three hundred construction workers would be employed. The plant would not be operational until spring 2007. Great River Energy requested that City Council prepare a resolution indicating approval and Council said they would review this at a work session. Announcements Mayor Droste reviewed upcoming meetings for Council and city commissions. The meeting was adjourned at 10:27 p.m. Respectfully submitted, City Clerk Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 2003 -08. 5