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HomeMy WebLinkAbout6.a. Minutes of May 2, 2000 Regular City Council Meeting ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday,May 2, 2000, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Klassen, Cisewski, and Caspar present. Also present were City Attorney LeFevere, City Administrator Burt, Parks and Recreation Director Schultz, City Planner Pearson, and Engineering Consultant Bret Weiss. Parks & Recreation Director Dan Schultz led the group in the Pledge of Allegiance. There were no changes to the agenda. No one presented public comment and there was no response to public comment. Arbor Dav and Arbor Month Proclamation Parks and Recreation Director Schultz reported on the Tree USA Award for the City of Rosemount at the April 4, 2000 regular City Council meeting. Part of the standards to meet for that award is to appoint a month as Arbor Month and celebrate an Arbor Day. May has been selected for Arbor Month. The Arbor Day celebration will be May 20, 2000 with a tree give-away with the cooperation of Dakota Electric, the public works staff, and the boy scouts. This year Dakota Electric will help purchase 150 trees of various kinds for residents to receive on a "first-come-first-serve" basis. Mayor Busho noted that the seniors at Cameo Place will be doing a tree planting ceremony as well this month. MOTION by Cisewski to approve the proclamation identifying May 20, 2000 as Arbor Day and the month of May as Arbor Month. Second by Caspar. Ayes: Caspar, Klassen, Busho, Cisewski. Nays: None. Motion carried. Consent Agenda MOTION by Klassen to approve the Consent Agenda. Second by Cisewski. Ayes: Four. Nays: None. Motion carried. a. Minutes of April 12, 2000 Committee of the Whole b. Minutes of April 18, 2000 Regular City Council Meeting c. Bills Listings d. Resignation of Firefighters e. Resignation of Parks & Recreation Receptionist f. Order Feasibility Report—2000 Bituminous Overlay, City Project 315 g. Order Feasibility Report—Broback 3`d Addition Storm Sewer Improvements, C. Proj. 319 h. Order Feasibility Report, East Side Watermain Improvements, City Project 320 i. Approve "No Parking" Resolution for podd Boulevard (Delft to Chippendale) j. Declare Costs for Assessment/Set Public Hearing, Rosemount Commons Street &Utility Improvements, City Project 300 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 2000 k. Declare Costs for Assessment/Set Public Hearing, Conley Avenue Street &Utility Improvements, City Project 303 1. Declare Costs for Assessment/Set Public Hearing, McNamara Addition, Phase 2, C. P. 304 m. Declare Costs for Assessment/Set Public Hearing, Biscayne Pointe 2°d Addition Street & Utility Improvements, City Project 309 n. Declare Costs for Assessment/Set Public Hearing, Biscayne Avenue Watermain Improvements, City Project 312 o. Reimbursement Agreement with Williams Energy Services for Rosemount Business Park, Phase 2, Street&Utility Improvements, City Project 308 p. JAC Company Adopt Findings for Denial of Fence Variance q. Receive Bids/Award Contract—Biscayne Pointe 3rd Addition Street &Utility Improvements, City Proj ect 313 Concept Planned Unit Development And Zoning Text Amendment for Rosemount Auto/Business Center, 3305 Carrousel Wav City Planner Pearson reviewed Keith Gill's request for a Planned Unit Development at 3305 Carrousel Way. This is a 1.26 acre parcel zoned for General Commercial (C-4). The multiple uses would include auto detailing and sales, multiple office space and outdoor display of autos. The zoning text amendment is needed to allow continuous outdoor display of vehicles for sale. After review the Planning Commission approved this concept plan. Council asked several questions of staff. Keith Gill and John Jones gave a presentation of their business proposal. Gill's business is now located in Crystal and he lives in Dakota County. They said they would not have more than 20 autos on display outside at one time. All vehicle models would be from 1995 to current. There would not be any mechanical repairs or servicing. Detailing is only cleaning and polishing vehicles for sale. If a customer requested mechanical work it would be brought to a local business for that work. There would not be any outside storage of parts or inventory other than the autos for sale. Attorney LeFevere responded to Council's query about if the zoning stays with the land ar the owner. LeFevere noted that conditions can be placed on the current land owners, but if the situation becomes unsatisfactory that can't be changed unless another zoning change request is made. Council consensus was to make sure that this rezoning would be "unique" and not set a precedent Staff agreed that because this is a Planned Unit Development it is indeed unique and conditions must be imposed to keep standards high for this commercial area. Staff was directed to include further conditions to insure the integrity of the commercial area and that the applicant will provide a definition of"detailing" an auto. Council would like to review this at one of the next two regular City Council meetings. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 2000 MOTION by Busho to table the consideration of the concept Commercial Planned Unit Development for Rosemount Auto/Business Center. Second by Klassen. Ayes: Busho, Cisewski, Caspar, Klassen. Nays: None. Motion carried. PUBLIC HEARING Jeff Johnson Appeal of Variance Denial Mayor Busho explained the Public Hearing procedure and confirmed with City Clerk Jentink that the affidavits of public notice and publication were on file. City Planner Pearson reviewed the Planning Commissions review of Mr. Johnson's request to build a 576 square foot garage five feet from the property line where set backs are 30 feet. Mr. Johnson has a very steep slope, pond and many trees. The north east corner of the property offered what Johnson explained as the only possible building site and he had contract builders that agreed. Mr. Johnson presented photos that showed that the garage would not have a big impact on the view from neighbors' lots, partly because the roof elevation would be lower than the surrounding home and so it would not change the skyline view. Mr. Johnson had discussed having the garage closer to his home, but contractors said they would not build the required block wall because it would be required to be too high and need a large amount of backfill. This would require that more trees be removed or disturbed to get the equipment in the yard for the project. This is why Mr. Johnson requested the variance to have the garage near the property line. Ms. Sharon Johnson(not related) 12445 Chinchilla Court, is a neighbor who spoke in support of the improvement. The garage would be placed in the north-east corner of Jeff Johnson's property,behind a utility shed in her yard. Ms. Johnson said this is an agreeable site for the garage and she preferred that his boat and trailer and tractor be inside rather than stored outside. MOTION by Busho to close the Public Hearing for the Jeff Johnson Appeal of Variance Denial. Second by Cisewski. Ayes: Four. Nays: None. Motion carried. MOTION by Klassen to support Mr. Johnson's garage variance. Second by Busho. Discussion followed. Attorney LeFevere cautioned about setting precedent. The motion was removed by consent of the maker and second. Mayor Busho noted that the Planning Commission did an excellent job reviewing this variance to the limit of their power and within all city regulations and policies. City Planner Pearson noted that there was clearly hardship due to the topography and vegetation of Johnson's lot. The approval of neighbors was also a positive point in favor of the variance. MOTION by Klassen to reverse the decision of the Board of Appeals and Adjustments on the Jeff Johnson and Carol E. Johnson variance. Second by Busho. Ayes: Klassen, Busho, Cisewski, Caspar. Nays: None. Motion carried. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 2000 Mayor Busho called for a ten minute break. The meeting was reconvened at 9:30 p.m. Public Hearing: Section 31 Sanitary Sewer Improvements, Citv Project 317 Mayor Busho confirmed with City Clerk Jentink that the affidavits of public notice and publication were on file. Engineering Consultant Dave Simons presented the Section 31 Sanitary Sewer Improvements, City Project 317. This would be constructed concurrently with the County Road 46/Trunk Highway 3 Street and Utility Improvements in the fall of 2000. Initially, the project will be paid for with funds from the Sanitary Sewer Core Facility Fund. When the downstream connection is made and sewer service becomes available, assessments will be levied to all benefiting properties. MOTION by Busho to close the public hearing for Section 31 Sanitary Sewer Improvements, City Project 317. Second by Caspar. Ayes: Four. Nays: None. Motion carried. MOTION by Caspar to adopt A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR SECTION 31 SANITARY SEWER IMPROVEMENTS,CITY PROJECT 317. Second by Klassen. Ayes: Cisewski, Caspar, Klassen, Busho. Nays: None. Motion carried. Public Hearing: Adoption of the Modification to the Tax Increment Financing District Mayor Busho confirmed with City Clerk Jentink that the affidavits of public notice and publication were on file. City Administratar Burt noted that Dakota County contested the 30 day notice period, saying they did not receive their notice within that time period. Due to this discovery, Burt requested that the public hearing be continued to the next regular City Council meeting, May 16"'. MOTION by Caspar to continue the Public Hearing for the Adoption of the Modification to the Tax Increment Financing District to May 16, 2000, at the regular City Council meeting. Second by Busho. Ayes: Caspar, Klassen, Busho, Cisewski. Nays: None. Motion carried. MOTION by Mayor Busho to adjourn to the Closed Session for personnel issue for the purpose of the City Administrator's yearly review. Second by Caspar. Ayes: Four. Nays:None. Motion cairied. The meeting was reconvened at 10:10 p.m. MOTION by Klassen stating that City Council reviewed the performance standards of the City Administrator and approved the budgeted salary increase at the 2000 budgeted amount.. Second by Cisewski. Ayes: Four. Nays: None. Motion carried. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 2000 Mayor Busho adjourned the meeting at 10:12 p.m. Respectfully submitted, Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2000-19. 5