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HomeMy WebLinkAbout6.a. Minutes of March 6, 2001 Regular City CouncilA ROSEMOUNT CITY PROCEEDINGS I � _ & < z` 6 REGULAR MEETING MARCH 6, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 6, 2001, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Klassen, Cisewski, Riley, and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Police Chief Kalstabakken, Parks & Recreation Director Schultz, Code Enforcement Official O'Bryan, Water Resource Engineer Morris and Interim City Engineer Weiss. Interim City Engineer Weiss opened the meeting with the Pledge of Allegiance. There were no additions to the agenda, however, there was additional information for Items 7. Kulhanek Appeal Public Hearing and 10.a. Dakota County Shop Update. There was no Public Comment and no Response to Public Comment. Contract for Park Master Plan Update Parks and Recreation Director Schultz reported the process used for collecting Requests for Proposals and interviewing firms for the Parks Master Plan Update. Fire firms responded and were interviewed by a committee made up of Parks and Recreation Committee Member Sampo, City Council Member Cisewski and Director Schultz. The firm selected was Ingraham and Associates. They featured community input by using questions on a resident survey having open houses, and attending Parks & Recreation Committee meetings. A focus group would be established, as well as a needs analysis report and demographic trends. City- Council will have several opportunities to provide input and will receive continual updates. MOTION by Cisewski to hire Ingraham and Associates for updating the Parks, Trails and Open Space Master Plan. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Consent Agenda Council Member Klassen pulled Consent Agenda Item 6.a. Minutes of February 20, 2001 and City Attorney LeFevere pulled Item 6. i. Carrousel Plaza Townhomes Final Plat, Heritage Development, for discussion. MOTION by Edwards to approve the Consent Agenda removing Item 6.a. and i. for discussion. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski. Busho, Riley. Nays: None. Motion carried. a. Minutes of February 20, 2001 Regular City Council amended b. Minutes of February 14, 2001 Committee of the Whole C. Bills Listing d. Encumbrance of 2000 Budget Items Forward to 2001 e. Receive Plans & Spec's /Order Ad for Bid — Section 31 Sanitary Sewer Improvements, C. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Project #317 f. Authorize Ad for Bid for Standby Generator at Well #9 & SCADA System Update for Rural Water System g. Revised Resolution for Evermoor PUD Amendment (Driveway Turn-A- Rounds) h. Carrousel Plaza Office Center Final Plat i. Carrousel Plaza Townhomes Final Plat- Heritage Development - amended resolution j. Bloomfield Second Addition Final Plat (revised) k. Authorize Bid for City Hall Remodel 6.a. Minutes of February 20, 2001 Regular City- Council Council Member Klassen requested the language be changed on page five, first paragraph, from limited franchise to competitive overbuild to more accurately describe the discussion. Council consensus agreed. The City Clerk will see that the correction is made. MOTION by Klassen to change the minutes of February 20, 2001 Regular City Council meeting on page five, the first paragraph, from limited franchise to competitive overbuild to more accurately describe the discussion. Second by Cisewski. Ares: Five. Nays: None. Motion carried. 6.i. Carrousel Plaza Townhomes Final Plat — Heritage Development City Attorney LeFevere recalled that there were cross easements required, an access easement, and additional landscaping that if not included in this resolution may not be enforceable by the City. LeFevere suggested wordage in the resolution under number 1) as follows: "Execution and recording of easements, covenants and PUD and Subdivision Agreements in a form approved by the City Attorney for the project to secure public and private infrastructure to serve the development." MOTION by Busho to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR CARROUSEL PLAZA TOWNHOMES with amended wording in number 1) of the resolution. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. PUBLIC HEARING Appeal of Lot Variance for Mike Kulhanek,12355 Blanca Avenue Mayor Busho explained the public hearing process. After an overview, the City Council, then. the audience, can ask clarifying questions. The hearing is then opened for audience opinion statements. The public hearing is closed and City Council discusses issues pending action. The City Clerk indicated that the affidavits of published and posted notice were on file. City Planner Pearson reviewed property owner Michael Kulhanek's application for variances to build a home and accessory building. The Planning Commission had approved these variances at their December 12 2000 meeting. Neighbors, Kurt & Betty Ann Schneider, 12365 Blanca Avenue, Jeff & Maggie Nelson, 12334 South Robert Trail, and Tracy Dougherty, 12370 Blanca Avenue, appealed the variances decision by the Planning Commission to this City Council with concerns about the wetlands. A' 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Alyson Morris, Water Resource Engineer, discussed the two wetland areas on the lot. The wetland to the west is Basin #2 and is a Type 2 Wetland, which can allow a maximum of 2000 square feet of fill. This would however, cause the water to move north and encroach on the septic system field. These wetlands do not have an outlet which would allow water to drain out of the area. An overland flow to the west should then be created which would require some piping and assessments to the benefiting neighbors. Mr. Mike Kulhanek, temporarily at 19739 Coates Boulevard, Hastings, said that this appeal is not appropriate and he believes the Planning Commission's decision should stand. Kulhanek received a letter from Ms. Dougherty asking to purchase his lot. Kulhanek had no interest in selling, but simply wanted to build his home. Staff had requested changes to the house plan and 17 revisions were made over time. Kulhanek wishes to go ahead with his house plan and would forgo the accessory structure if necessary. Wayne Jacobson, Soil and Wetland Scientist, from Svoboda Ecological Resources, reviewed past recorded history and aerial photographs of the wetland. This information did not show any flooding or significant change. The placement of the house and septic system field show no direct affect on the wetlands. Fill would be required for placement of the accessory garage. Jacobson noted that his client, Kulhanek, would like to proceed with the house as planned. Denny Palmer, from Barr Engineering, submitted a report on behalf of the neighbors dated February 28` 2001, which showed concerns about future flooding due to the new construction on the Kulhanek property. Palmer noted that current residents already seem to have problems with high ground water with excessive use of their sump pumps and leakage into their basements. Palmer noted confusion between the ordinary high water mark and flood level; it is the difference between long term and an instant look. The vegetation does point to the normal water level, however. the snow melt alone this year could cause 7.1" of run off water which would cause the pond to rise two to four feet. Palmer noted that Wetland #1 does not have a drainage plan, there is no where for the water to go. Palmer reported that fill should not be allowed in Wetland #2. Mayor Busho opened the Public Hearing for audience input. Jeff Nelson, 12334 South Robert Trail, spoke on behalf of all the neighbors appealing the Kulhanek variances. Nelson presented photos showing the character of the neighborhood. Nelson felt that the three story house plan would not fit into the neighborhood. Their major concern is the issue of flooding and high ground water. Anything that will augment the flooding or high ground water would not be acceptable to the neighbors. Nelson noted that he has under floor heat ducts and that they did get moisture in them last summer. Betty Ann Schneider, 12365 Blanca Avenue, noted that the water did travel over land in 1963 from Wetland #1 to Wetland #2. Schneider was concerned about the high ground water and said that any fill used would only make it worse. 3 f ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Glenn Gustafson, 12310 Blanca Avenue, said the lot's original owner put fill across the wetland which divided it in two. Tracy Dougherty, 12370 Blanca Avenue, said she was not against Mr. Kulhanek building his home. Dougherty noted that when she and her neighbors built there were restrictive covenants that applied to all the lots. She wondered if staff and Kulhanek were aware of those covenants? Dougherty was against any fill for the accessory garage and concerned about the amount of blacktop used which may cause more runoff water. Dougherty noted that she sincerely hoped they could be good neighbors to Mr. Kulhanek. Mike Kulhanek, 19739 Coates Boulevard, Hastings, Minnesota, 55033, reported that Mr. Nelson had put about 300 sq. feet of fill into the wetland about 1997 or 1998. Kulhanek explained that he has designed the rain gutters to flow away from the wetlands. Kulhanek's house plan was custom designed especially for this lot. The smaller base of the house allows less change to the lot trying to preserve the character of the land. Kulhanek requested that Council consider allowing the house even if they would not allow the accessory building. Water Resource Engineer Morris noted that acknowledging the 300 sq. feet of fill exempts him from the permitted 2000 sq. feet of fill for Wetland #2. Wayne Jacobson, from Svoboda Ecological Resources, noted that if the fill from the past owner was not documented in records, then Mr. Kulhanek, who is applying in the proper way, should not be penalized. MOTION by Edwards to close the public hearing for Appeal of Lot Area Variance for 12355 Blanca Avenue, Michael Kulhanek. Second by Klassen. Ayes: Five. Nays: None. Motion carried. Mayor Busho noted that no one seems to be against the house, but that the accessory building variances are the issue. Council Member Klassen noted that the Planning Commission did not have the benefit of the wetland experts at the time of their decision. Klassen gave credit to Kulhanek for a good plan for the house even with the limitations. Klassen said she would not be in favor of allowing the accessory building. Staff assured Klassen that the septic system, both regular and back -up, has adequate area. Council Member Cisewski agreed that the house is a good plan. Cisewski had concerns about the septic system and the future impact to the ground water. MOTION by Cisewski to direct staff to prepare findings in support of overturning the variances to accessory structure front and side yard setbacks for the property at 12355 Blanca Avenue and a condition providing for the septic system field area and a land overflow. Second by Riley. Discussion ensued. Interim City Engineer Weiss said it was standard procedure to verify that there is overland drainage. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Attorney LeFevere suggested two separate motions. The motion's maker and second agreed. The motion was amended as follows. MOTION by Cisewski to direct staff to prepare findings in support of overturning the variances to accessory structure front and side-yard setbacks for the property at 12355 Blanca Avenue. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. MOTION by Klassen to require the owner, Michael Kulhanek, to identify the overflow storm water outlet before a building permit is issued. Second by Edwards. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Public Hearing: Carrousel Plaza Street & Utility Improvements, City Project 322 Mayor Busho open the public hearing process. The City Clerk indicated that the affidavits of published and posted notice were on file. Acting City Engineer Weiss reviewed the feasibility report for the Carrousel Plaza Improvements requested by Heritage Development. This project is located south of the Marcus Theater and adjacent to Chippendale Avenue. Sanitary sewer will be extended to the Harold Wachter property at the closest point. The Wachter property already has city water. A 16 inch trunk watermain is recommended from Chippendale to Trunk Highway 3 connecting to the existing 12 inch main there. This will be a connection site to complete a loop system for the watermain past the railroad which will improve water quality and water pressure to our southern border, 160 Street. City Limits Bowling Lanes, Carlson Properties, Heritage Development and Harold Wachter will each be assessed for a portion of the improvements. Water, Sewer, and Storm Sewer Core Funds will pay for the majority of the project. The Carrousel Plaza Townhomes Project will have 38 units and a future office building site. Weiss noted that the project would be bid in March, construction would run May to September, and the assessments would be set in the fall. There were no clarification questions or comments from the audience. MOTION to Busho close the Public Hearing for Carrousel Plaza Street & Utility Improvements, City Project 322. Second by Cisewski. Ayes: Five. Nays: None. MOTION by Klassen to adopt A RESOLUTION APPROVING THE PROJECT AND ORDERING PLANS AND SPECIFICATIONS FOR THE CARROUSEL PLAZA STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 322. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Ordinance B Amendments Regulating Outdoor Storage and Parking Code Enforcement Official O'Bryan presented Council with a revision of the proposed outdoor storage and parking regulations. Staff drafted possible language allowing recreation vehicles during specific months. O'Bryan noted that the months were chosen per information from the Department 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 of Natural Resources Also impervious surface was changed to "hard surface" in the woodpile ordinance. Discussion ensued. City Administrator Burt noted that the difference would be defining "parking" and "storage" on driveways. Attorney LeFevere noted that this would not allow any storage in the front yard, but it would be O.K. for an interim time. Police Chief Kalstabakken said that it is most commonly accepted to have recreational vehicles on driveways. Ordinance B 8.1 refers to the driveway turn-a- rounds on collector streets. MOTION by Edwards to adopt proposed zoning ordinance that amends section 3.2, 4.0, 6.5, 6.6, and 8.1. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Mayor Busho called for a ten minute recess. The meeting was reconvened at 9:14 p.m. Dakota County Shop Update City Administrator Burt introduced Don Theisen from Dakota County to present the update from Dakota County. City Council had reviewed the needs requested by Dakota County for their new maintenance facility at a work session on February 9 2001. New rules from the Environmental Protection Agency (EPA) mandate on -site utilities for an operational plan. Metropolitan Council has approved an amendment to the Empire Township Plan that will permit this project. They based their approval on strong e , .idence that it cannot be located elsewhere. Theisen noted that Dakota County believes that the location is good and provide a buffer area that will be environmentally the best. Interim City Engineer Weiss said that the County has always had a cooperative relationship with the City. Weiss hoped this would continue with storage support of our salt site which no longer fulfills the new EPA rules. Having the Highway Department plows near our main roads should provide fast removal of snow. `'Feiss indicated that the sewer must come from the west because the Biscayne interceptor is too shallow to provide drainage. The area east of Highway 3 and along 160 Street West needs both sewer and water to improve the water quality and pressure. Mayor Busho talked with Fire Chief Aker who definitely thought that utilities in this area would be a benefit for fire suppression equipment. Weiss noted staff does not have a cost figure yet because easements have not been determined. Theisen noted that the County would agree to their fair share of costs of the project. Fire suppression without public utilities would require three wells on site and a vet pond with a pump. Police Chief Kalstabakken said that police and fire service for the south side of 160 Street, which is Empire Township, would be handled by the Dakota County Sheriff's Office, fire would be handled by Farmington, but by the mutual aid agreement, Rosemount would be first on scene in most cases. Council Member Klassen said she had a huge problem with the siting of this facility. Klassen noted that Metropolitan Council had in their Regional Blue Print designated that urban uses should not be permitted on agricultural lands. This project would be costly to Rosemount residents and it is a philosophical issue. Empire Treatment Plant is already over used and we can't be sure further development won't follow. n ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Council Member Cisewski questioned the expansion possibilities and what might develop there. Past development has followed public utilities and this would not be desirable in this case. Cisewski wants to continue a cooperative relationship with Dakota County but not at the expense of residents. Council Member Edwards requested further information, a feasibility report, and perhaps a work session. The consensus was to gather information about the extension of utilities to -160 Street and review it at the April work session. Council Member Riley did not have a problem with the location. The Rosemount Business Park is right across the street and the water and sewer would benefit those businesses. Mayor Busho asked Weiss to estimate costs, potential assessments, easements, and possible condemnations. Busho requested the Fire Chief's comments in a letter or memo form. Centex PUD Amendment for Bloomfield City Planner Pearson reviewed the amendment request by Steve Ach of Centex Homes Minnesota Division. Pearson determined that the comparison to single family units and twinhomes was only 3.2% different from the approved Planned Unit Development. Centex proposed a housing plan that functions on a 70 foot wide lot with no setback reductions, a grade separated rail crossing, and increased open space. This increases the housing units. from 413 to 590 overall. The increased open space along the outer edges of the development help to mitigate the combined effects of CSAH 42, the refinery, and the railroad tracks. Steve Ach, Centex Homes, reviewed the changes to road alignments, smaller lots, and more open space, nearly 36.5 acres. Ach answered questions from the City Council. Ach commented that the valuation of the homes are higher. The Sales Manager for Centex Homes noted that Woodbury now has homes with three -car garages on 55 foot lots that are worth $260,745. She believes that Rosemount has a lot to offer home buyers with quality, value in homes, parks, shopping, and schools. There are only 3 available lots left to sell. Several council members commented on the small lots. Pearson noted that trends for homes change, and right now many families have two jobs and want very small yards due to time restraints. These narrow lots are also longer so they are very close to the same square footage. Council Member Edwards reminded everyone about the 70/30 % split of housing required by the City's Comprehensive Guide Plan. This PUD is 57% single family and 42% multi - family. Edwards did not approve of the 70 foot wide lots. He felt it would not benefit the City in the long run. Council Member Cisewski noted that there are no natural features on this land to preserve. Storm water ponding is required but these will not be natural wetlands. City Engineer Weiss agreed that clay linings would not be allowed in the man made ponds because there is no outlet drainage plan. 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Potential flooding could be a concern. Cisewski could verify that odor from Koch Refining was only a problem about five days a year. Council Member Riley was for the Centex Amendment. Riley liked the gained open space. She felt the homes were attractive and the homes still met the required 20 foot distance between housing. Riley stated that Centex is one of the Fortune 500 companies in Minnesota. Mayor Busho noted that the 70/30% housing split is an overall goal for the city and not required of each development. MOTION by Edwards to adopt A RESOLUTION DENYING THE CONCEPT PUD AMENDMENT PROPOSED BY CENTEX HOMES with findings of facts returning to the March 20 2001 City Council meeting. Second by Cisewski.. Ayes: Edwards, Klassen, Cisewski. Nays: Riley, Busho. Motion carried. Mayor Busho adjourned the meeting at 10:47 p.m. Respectfully submitted, Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2001 -08. 8