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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 I r ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 2000 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. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 2000 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 3 r ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 2000 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. 4 w r ' ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 2000 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. 5