HomeMy WebLinkAbout6.a. Minutes of April 4, 2000 Regular City Council Meetingt ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 4, 2000
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly
held on Tuesday, April 4, 2000, at 7:30 p.m. in the Council Chamber at City Hall, 2875145th Street
West.
Mayor Busho called the meeting to order with Councilmembers Caspar, Klassen, Cisewski, and
Edwards present. Also present were Attorney Greensweig, City Administrator Burt, Parks and
Recreation Director Schultz, Police Chief Kalstabakken, City Planner Pearson, and Engineering
Consultant Bret Weiss.
Senior High Principle Greg Clausen led the group in the Pledge of Allegiance.
The agenda stood as presented.
Public Comment
Reid Hansen, President of the Rosemount Business Council, 12490 Canada Court, reviewed the
formation of the new group. He reported that there are now 29 members of which many were
present. Their purpose is to affect local government and work in partnership for the vision for the
business community. They request a framework to develop this interaction. Mayor Busho noted that
it will be taken under consideration at the next work session.
Tobacco Awareness Month Proclamation
Police Chief Kalstabakken requested that April be proclaimed as Tobacco Awareness Month in the
City of Rosemount. At the Dakota County Youth Summit held in February, students identified the
problem of illegal use and sale of tobacco products in the community. A group of students met with
Principal Greg Clausen, Police Chief Kalstabakken and School Staff Member and City
Councilmember Sheila Klassen to develop a cooperative effort with actions. An awareness campaign
is planned at the Rosemount High and Middle Schools. Letters will go to all tobacco venders in
Rosemount discussing ways to curtail youth access to tobacco. A visual display of a coffm filled
with tobacco products will be displayed. Jennifer Burke and Kyra Roth from Rosemount High
School described their efforts and commitment to tobacco awareness. Kaaren Berg and Reyne Lauer
were also present and were students that helped extensively with the cooperative efforts to
discourage use of tobacco products.
MOTION by Klassen to proclaim April as Tobacco Awareness Month in the City of Rosemount,
focusing on the illegal sale to and use of tobacco by youth. Second by Cisewski. Ayes: Five. Nays:
None. Motion carried.
Tree City USA Award 8" Year
Parks & Recreation Director Schultz announced that the City of Rosemount was awarded the Tree
City USA Award for the eighth year in a row. The City is required to meet four criteria to qualify:
1) have a Tree Board or Department, 2) have a Community Tree Ordinance, 3) have a Community
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Forestry Program, and 4) have a Arbor Day Observance and Proclamation. We are proud of this
achievement and the help that is given to the residents of Rosemount. An Arbor Day celebration will
be held on May 20, 2000, with a tree give -away program.
Hire Community Development Director
City Administrator Burt reported on the hiring process used to select James Parsons for the
Community Development Director position. Five candidates were interviewed. Mr. Parsons is
prepared to begin work on May 8, 2000. He is currently the-Assistant to the City Manager for the
City of Hopkins and has also worked for the City of Jordan as the Economic Development Director.
MOTION by Edwards to approve the hiring of James Parsons as Community Development
Director. Second by Caspar. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None.
Motion carried.
Consent Agenda
MOTION by Edwards to approve the Consent Agenda. Second by Klassen. Ayes: Five. Nays:
None. Motion carried.
a. Minutes of March 15, 2000 Committee of the Whole
b. Minutes of March 21, 2000 Regular City Council Meeting
C. Minutes of March 22, 2000 All Commission Meeting
A Bills Listings
e. Budget Amendments
f. Donation Account Expenditures- D.A.R.E. & Equipment Funds
g. Order Feasibility Report- Section 31 Sanitary Sewer Improvements, City Project 317
h. Receive Plans & Spec's /Order Ad for Bid for Biscayne Pointe Third Addition Street &
Utility Improvements, City Project 313
i. Mayor and Council 2001 Salary Adjustment
j. Amend City Code Section 2 -1 -1
k. Mineral Extraction Permit Renewal: Danner Inc.
Fox Lot Split and Rezoning 15391 Emery Avenue
City Planner Pearson reviewed the request for a lot split for Henry Fox to divide his farm into a 4.47
acres for his home, a farmstead of 35.8 acres, and the remaining parcel of 120 acres. An existing
garage will be rendered non - conforming because it will be 12.9 feet from the property line. A
variance would allow the 4.47 acres to continue in the Agriculture Preserve program per Minnesota
State Statutes 473H.03 subd. 4 noting as long as two sides of the parcel consist of land eligible for
the program.
MOTION by Klassen to adopt a resolution approving the Agricultural Lot Split for Henry Fox.
Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried.
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MOTION by Klassen to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF
ROSEMOUNT ZONING ORDINANCE rezoning Parcel B to Agriculture for the Henry Fox
Agricultural Lot Split. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays:
None. Motion carried.
Basic Builders — Comprehensive Plan Amendment, Rezoning and PUD Concept
City Planner Pearson reviewed the development request by Jeff Nivila of Basic Builders. The
Planning Commission's review resulted in a tie vote, or denial of the development. The area is
currently zoned Public/Institutional which was amended from agricultural upon the landowners
request several years ago. A Minor Comprehensive Plan Amendment would also be required from
Metropolitan Council. Sanitary sewer may not be available to that area for about 18 months
providing appropriate approvals are received. Council discussed the potential problems and
determined this development is premature due to the lack of infrastructure.
MOTION by Edwards to deny the amendment to the 2020 Comprehensive Plan for the Basic
Builders. Second by Klassen. Ayes: Cisewski, Busho, Edwards, Klassen. Nays: None. Present:
Caspar. Motion carried.
MOTION by Busho to prepare finding for denial. Second by Edwards. Ayes: Busho, Edwards,
Klassen, Cisewski. Nays: None. Present: Caspar. Motion carried.
PUBLIC HEARING: Adoption of Business Subsidy Policy Under MS Sections 116J.993 to
1161995
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 Administrator Burt noted that the 1998 Legislative Session brought forth requirements to local
governments to provide a policy for public subsidies in excess of $100,000. The Port Authority
Commission recommends the adoption of the policy. There are no projects pending that this policy
would apply to presently.
MOTION by Edwards to close the Public Hearing for the Adoption of Business Subsidy Policy.
Second by Caspar. Ayes: Five. Nays: None. Motion carried.
MOTION by Edwards to approve the Business Subsidy Criteria Policy for the City of Rosemount.
Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried.
JAC Company Fence Height Variance Petition
City Planner Pearson presented the request by John Ryan to construct a six -foot high fence along the
perimeter of the former Extreme Motor Sports property along South Robert Trail, expanding the
Genz -Ryan site. The fence on the northern boarder is non - conforming. The hardship criteria for
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variances could not be proven with this request since outside storage is not allowed in Commercial
Districts. The Planning Commission did grant the variance with conditions based upon the length
of time that the business had been established in Rosemount and that there were no current plans to
relocate elsewhere in the city. The Zoning Administrator (City Planner Pearson) may request an
appeal of the decision of the Board of Appeals and Adjustments (City Council) within ten days.
Mr. John Ryan spoke in behalf of the variance. Ryan noted he had never been approached to relocate
his business. Genz -Ryan Inc. was started in 1910 and has been in Rosemount for 51 years. Council
did say they did not want Mr. Ryan's business to move out of the community. However, zoning must
be upheld in order to maintain a well planned community.
Councihnember Klassen was present at the Planning Commission meeting when this variance was
addressed. The original motion resulted in a 2 -2 vote. City Administrator Burt noted that a 2 -2 vote
is in effect a "failed motion" or denial of the variance. Klassen said that the conditions were then
added to the variance motion and it passed with a 3 -1 vote.
MOTION by Caspar to schedule a public hearing for 8:00 p.m., April 18, 2000 or May 2, 2000 to
consider an appeal of the decision of the Board of Appeals & Adjustments. Second by Klassen.
Discussion ensued. A friendly amendment was made with consent of the motion maker and second.
MOTION by Caspar to adopt A RESOLUTION RELATING TO THE JAC COMPANY
FENCE HEIGHT VARIANCE PETITION and to schedule a public hearing for 8 :00p.m., April
18, 2000 or May 2, 2000 to consider an appeal of the decision of the Board of Appeals &
Adjustments. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None.
Motion carried.
Development Agreement for Habitat for Humanity
The Port Authority deeded the land where Roy's Sports was located to the City in order to convey
that property to Habitat for Humanity for the development of two residential dwelling units. Roy's
Sports buildings will be demolished in the next sixty days and construction of new homes should
begin in the fall.
MOTION by Klassen to approve the Contract for Private Development by and between the City of
Rosemount and Twin Cities Habitat for Humanity. Second by Cisewski. Ayes: Busho, Caspar,
Edwards, Klassen, Cisewski. Nays: None. Motion carried.
Sale of Safety -Kleen to SKB
City Administrator Burt had been notified that Safety -Kleen was negotiating the sale of their
business with SKB Environmental. Don Chapdelaine was present to relay that regional organizations
have been contacted and that Dakota County was asking for a statement of fact that this sale will not
impact zoning or require any ordinance changes. City Attorney Greensweig noted that the Safety-
Kleen Interim Use Permit is not transferable.
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Rick O'Gara, President of SKB Environmental, gave a summary of the formation of his company.
One primary goal of the company is to protect the environment. SKB has nine facilities in the seven-
county area, and they have never had any violations. SKB will not change the purpose of the landfill
and would commit to fulfillment of all agreements as established with the City.
Councilmember Caspar asked how SKB would plan to "close" the cells in Rosemount. O'Gara noted
that often the smooth appearance after a cell is closed tells people that it was a landfill. O'Gara
suggested that an irregular landscape would be a benefit. O'Gara noted his company would be
willing to help with the city -wide clean-up day.
Mayor Busho asked staff to prepare documents for the Interim Use Permit and consider language
to respond to Dakota County stating that no zoning changes or ordinance changes are required for
the transfer of ownership of Safety - Kleen. This will be addressed again at the April 18' regular City
Council meeting.
Announcements
Mayor Busho noted several community meetings including the Egg Hunt on April 15; an
international delegate of Chinese on Monday, April 17 with Dakota County Economic Development;
and the next City Council meeting on April 18.
MOTION by Busho to enter into a Closed Meeting by the authority to discuss an employee subject
to Council's control. Second by Cisewski. Ayes: Five. Nays: None. Motion carried.
Mayor Busho adjourned the meeting at 9:35 p.m.
CLOSED SESSION: Personnel/City Administrator's Evaluation
MOTION by Busho to adjourn the closed City Council meeting. Second by Edwards. Ayes: Five.
Nays: None. Motion carried.
Mayor Busho adjourned the meeting at 10:35 p.m.
Respectfully submitted,
Linda Jentink, City Clerk
The City Council Agenda Packet is Clerk's File 2000 -15.
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