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HomeMy WebLinkAbout6.a. Minutes of December 19, 2000, Regular City Council MeetingROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 19, 2000, 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, Caspar, and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, Parks & Recreation Director Schultz, Police Chief Kalstabakken, and Engineering Consultant Weiss. Mayor Busho opened the meeting with the Pledge of Allegiance led by Police Chief Kalstabakken. There were no public comments or response to public comment. Additional information was submitted to City Council for item 8.a. Comprehensive Plan Implementation Rezonings. It was a letter from Attorney Hansen representing property owners Edward B. McMenomy, Sr. and Samuel H. Hertogs. Two items were asked to be added to the Consent Agenda. Consent Agenda Councilmember Cisewski pulled Consent Agenda Item 6.k. Award Bid for Painting Sculpture for clarification and Councilmember Edwards pulled 6.m. Receiving the Feasibility Report/Set Public Hearing for Improvements to Trunk Highway 3 from 145th Street to CSAH 42, City Project 318 for discussion. Two items were added to the Consent Agenda, 6.n. Alcohol Compliance Check Grant and 6.o. M.W. Johnson/Oakridge Estates Common Boundary Line Relocation. MOTION by Edwards to approve the Consent Agenda with the addition of 6.n. Alcohol Compliance Check Grant and 6.o. M.W. Johnson/Oakridge Estates Common Boundary Line Relocation and the removal of Item 6.k. Award Bid for Painting Sculpture for clarification and 6.m. Receiving the Feasibility Report/Set Public Hearing for Improvements to Trunk Highway 3 from 145th Street to CSAH 42, City Project 318 for discussion. Second by Caspar. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Councilmember Cisewski requested Consent Agenda Item 6.k. Award Bid for Painting Sculpture be pulled for clarification. Cisewski noted that the sculpture next to McDivot's Pub has been in need of repair and paint. After extensive research into changing the color to a copper, bronze or metallic painted color, it was determined by experts that t�Te of color could not be accomplished outdoors on that large of a structure. The Parks & Recreation Committee agreed to paint it the original color which is a deep reddish orange. Councilmember Klassen applauded that choice to preserve the original piece of art and maintain its integrity. Sculptures similar to this one can be seen in Washington D.C. at the Smithsonian Museum. MOTION by Cisewski to approve choosing option #2 for painting the sculpture and accepting a bid price of $6,400 from Champion Coatings, Inc. to paint the sculpture. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 2000 Councilmember Edwards requested that City Project 318 be divided into two projects, one including only the assessed properties and one with the remainder of the project. Attorney LeFevere recommended as follows, "If the council wishes to limit the scope of the hearing to discussion of only that part of the project that will be assessed, it could divide the project into two parts and conduct chapter 429 proceedings only on that part of the project that will be assessed. Otherwise, I believe that anyone who wished to participate in the hearing would have a right to testify on any aspect of the project that is being financed, at least in part, through special assessments." Edwards said the Port Authority had recommended this as well at its last meeting. City Administrator Burt noted that there will be additional costs for the changes that will be needed to the separate the feasibility report and create two projects. Council agreed to wait for a staff report on additional costs. MOTION by Edwards to table the Receiving Feasibility Report/Set Public Hearing for Improvements to Trunk Highway 3 from 145 Street to CSAH 42, City Project 318 until staff can report back with cost estimates for dividing the project. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Public Hearing: Vacation of Drainage & Utility Easement in Evermoor 2 "d Addition, Outlot B Mayor Busho opened the public hearing for Vacation of Drainage & Utility Easement in Evermoor 2 " Addition, Outlot B. The affidavits of posted and published notice were on file with the City Clerk's Office. Acting City Engineer Weiss presented the request for the vacation of an existing drainage and utility easement on Outlot B of Evermoor 2 " Addition. Because the easement was dedicated for public use (drainage & utilities), a public hearing was required to vacate it. A monument and fence is planned with a landscaped screened utility building. MOTION by Caspar to close the Public Hearing for the Vacation of Drainage & Utility Easement in Evermoor 2 nd Addition, Outlot B.. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMENT VACATION ON THE EVERMOOR 2 ND ADDITION PLAT, OUTLOT B. Second by Caspar. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Comprehensive Plan Implementation Rezonings Community Development Director Parsons presented the rezonings for specific land in the Metropolitan Urban Service Area (MUSA) which is east of Highway 3 as designated by the map in the Clerk's File 2000 -46. These rezonings are consistent with the 2020 Comprehensive Guide Plan. The Planning Commission held a public hearing on December 12, 2000. Some established businesses thought this would render their property non - conforming, however that was not the case. Their new zoning would be consistent with their use. Attorney Reid Hansen explained his concerns 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 2000 regarding the McMenomy /Hertogs property and the Public /Institutional zoning. Staff suggested that an application to amend the Comprehensive Plan would initiate the appropriate process to change the land use. The Planning Commission recommended proceeding with the rezoning as compliance with the 2020 Comprehensive Plan. Councilmember Edwards requested a review of the 18 month process and the lobbying efforts by the Mayor and a Councilmember. City Administrator Burt noted the public meetings that were taken to different locations in Rosemount to get as much resident in -put as possible. Councilmember Klassen noted that to change the zoning now would be contrary to the whole process and she viewed this as a "house keeping function" caused by Metropolitan Council's approval of the 2020 Comprehensive Plan. MOTION by Cisewski to adopt AN ORDINANCE AMENDING ORDINACNE B, CITY OF ROSEMOUNT ZONING ORDINANCE to rezone the listed properties in conformance with the Comprehensive Plan. Second by Klassen. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Fee Resolution for 2001 City Clerk Jentink presented the 2001 Fee Resolution for annual review and updates. Staff had made noted changes. Water, Sanitary Sewer and Storm Water Utility and Capital Charges were increased per the Utility Commission. These fees would be used for the next four years. The Metro SAC Charge increased $50. The City SAC and WAC charges for developments increased 3% as per the Rate Study. Assessment reconstruction projects were increased 2.6 %. Park facilities rental fees were increased slightly, ice arena fees remained that same. Park Dedication fees were increased due to rising land values. The State of Minnesota Dept. of Safety recommended a fine for a penalty for alcohol compliance check failure of up to $2,000. Staff recommended this fine be set at $1,000 with an ordinance amendment to follow. MOTION by Edwards to approve A RESOLUTION ESTABLISHING RATES AND FEES FOR 2001. Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Dakota County Drug Task Force Joint Powers Agreement Police Chief Kalstabakken requested participation of the Police Department in the Dakota County Drug Task Force. The Task Force operates under a Joint Powers Agreement which staff recommends City Council approve. City Attorney LeFevere reviewed the document and made suggestions for clarification. Some of the changes were agreed upon, some were not. Chief Kalstabakken noted that the Drug Task Force has worked with several different organizations successfully for many years and they don't see the need for major changes in the Agreement. X ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING . DECEMBER 19, 2000 MOTION by Caspar to approve the execution of a Joint Powers Agreement to participate in the Dakota County Drug Task Force. Second by Cise « Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Essential Services Conditional Use Permit: Administrative Plat in Evermoor 2nd Addition Community Development Director Parsons reviewed the application of Evermoor's developer, Contractor Property Developers Company (CPDC) to build a 450 sq. ft. building east of Shannon Parkway to function as a service center for telephone. intemet and potentially, video service. It would be a fiber optics hub where satellite antennas Mill receive signals that would be distributed throughout the development. This structure would be treated much like the well house on Shannon Parkway, landscaping and a monument sign will help to blend the building in with the surrounding residential uses. The administrative plat is needed to create a remnant outlot for the structure. This administrative plat converts the outlot into a combination of an outlot and the essential services lot which will be called Evermoor 5 Addition. Council stressed concerns for satellite dishes and antennas and therefore developed a condition to be added to the Conditional Use Permit resolution: to be added to the end of the " "NOW, THEREFORE, BE IT RESOLVED paragraph ", "and subject to the condition that no exterior antennas or satellite dishes are permitted without an amendment to these CUP conditions. "" Craig Rapp, architect for CPDC, explained the materials proposed for the structure and answered clarification questions from City Council. Rapp noted that people are planning to move into homes in 60 to 85 days and the telephone services is needed. Rapp requested that the satellite issue be taken off the table in order to move the remainder of the request forward. He indicated they are willing to comply with all city ordinances and have further discussion. City Administrator Burt noted that the use of the building is not under consideration at this time. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE ADMINISTRATIVE PLAT FOR EVERMOOR FIFTH ADDITION. Second by Busho. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR CONTRACTOR PROPERTY DENELOPERS COMPANY as amended for the essential service building. Second by Caspar. Councilmember Edwards noted majority rights under the rule. Ayes: Klassen, Cisewski, Busho, Caspar. Edwards. Nays: None. Motion carried. ANNOUNCEMENTS Mayor Busho wished congratulations to Officer Mark Robideau for the D.A.R.E. graduation. It is commendable to have our youth learn how to cope better in our society. Officer Robideau was thanked for his efforts. Out -going Councilmember Jeff Caspar thanked all city workers, staff, boards, and councihnembers. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 2000 Many good things were accomplished in Rosemount over the past few years. Caspar listed these accomplishments: removal of Roy's Sports Center, removal of the Quonset Hut on CR 42, addition of Central Park and the Veteran's Memorial, the Koch - Minnesota Trail, and the coming Cub Foods and other business park companies. The most notable accomplishment was the planning and completion of the Rosemount Business Park. Caspar was proud of how the Port Authority, City Council, and Planning Commission acted well together, in a civil manner, by putting the welfare of Rosemount up front. Mayor Busho presented Councilmember Caspar with a plaque of appreciation for his commitment and dedication to the City of Rosemount. Mayor Busho adjourned the meeting at 8:55 p.m. Respectfully submitted, Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2000 -46. �1