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Home My WebLink About6.a. Minutes of September 21, 1999 Regular City Council Meeting l�� ROSEMOUNT CITY PROCEEDINGS � 6 REGULAR MEETING SEPTEMBER 21, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday,September 21, 1999, 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 Edwards, Cisewski, Klassen and Caspar present. Also present were City Attorney LeFevere, City Administrator Burt,Public Works Director Osmundson, Parks & Recreation Director Schultz, City Planner Pearson and Finance Director May. Public Works Director Osmundson led the group in the Pledge of Allegiance. Changes to Agenda One item was added to the consent agenda, 6.n. Rosemount Commons Subdivision Agreement Assignment. An Executive Closed Session was added as Item 12. for the purpose of discussion on litigation by Shafer Contracting Company. Consent Agenda Consent Items. 6.f.,g.,and j. are assessments which should list the term as five years rather than the ten years shown. The minutes of September 7 should be amended to show that Councilmember Caspar's term ends December 31,2000. MOTION by Edwards to approve the Consent Agenda with the addition of 6.n Rosemount _ Commons Subdivision Agreement Assignment,an additional3 mobile data terminals added to Item 6.d. Declare Surplus Property,and changes to the assessment resolutions for Items 6.f., 6.g., and 6.j. Second by Caspar. Ayes: Five. Nays: None. Motion carried. a. Minutes of September 7, 1999 Regular City Council Meeting b. Minutes of August 31, 1999 Special Budget Meeting c. Approval of Bills Listing d. Declare Surplus Property e. Receive Petition/Order Feasibility Report for Biscayne Pointe 3rd Addition Street & Utility Improvement, City Project 313 f. Declare Costs for Assessment/Set Public Hearing, Wensmann 12th Addition Street & Utility Improvement, City Project 287 g. Declaze Costs for AssessmenUSet Public Hearing, Shannon Pond South Street & Utility Improvements, City Project 288 h. Declare Costs for Assessment/Set Public Hearing, Bloomfield Addition Street & Utility Improvement, City Project 292 i. Declare Costs for Assessment/Set Public Hearing, Stonebridge 3rd Addition Street & Utility Improvements, City Project 295 j. Declare Costs for Assessment/Set Public Hearing, Wensmann l lth Addition Street& Utility Improvements, City Project 298 k. Receive Bids/Award Contract for Biscayne Ave.Watermain Improvements, City Project 312 1. Declare Costs for Assessment/Set Public Hearing, Chippendale Avenue Street & Utility Improvements, City Project 290 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1999 m. D�clare Costs for Assessment/Set Public Hearing, 145th Street West, Street & Utility Improvements, Ciry Project 291 n. Rosemount Commons Subdivision Agreement Assignment Accept Bids and Award Sale-G.O. Improvement Bonds, Series 1999B Finance Director May presented the list of bidders for the bond sale held September 21. Norwest Investment Services,Inc. of John G.Kinnard&Company was the lowest bid with the actual interest rate at 4.8151% for the $4,395,000 bonds. The bids were very competitive with ten companies bidding. MOTION by Cisewski to adopt a RESOLUTION ACCEPTING OFFER ON THE SALE OF $4,395,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999B, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. Second by Edwards. Ayes: Caspar,Edwards,Klassen,Cisewski,Busho.Nays:None. Motion carried. Accept Bids and Award Sale-G O. Improvement Bonds. Series 1999C Finance Director May presented the list of bidders for the bond sale held September 21. The low bidder was Miller,Johnson, &Kuehn,Inc. of Dougherty Summit Securities LLC at an interest rate of 5.2138%. There were four bidders. MOTION by Caspar to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $885,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1999C AND PROVIDING FOR THEIR ISSUANCE. Second by Edwards. Ayes: Edwards, Klassen, Cisewski,Busho, Caspar.Nays: None. Motion carried. Wachter A�ricultural Lot Split City Planner Pearson presented the Don Wachter application for a lot split of a 4.23 acre,Parcel A, which has street access from a 70 acre parcel. In order to not land lock the larger parcel, a street access was recommended on the southern 60 feet of Parcel A. Discussion was held. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE AGRICULTURAL LOT SPLIT FOR DONALD AND CAROL WACHTER. Second by Caspar. Ayes: Klassen, Cisewski,Busho, Caspar,Edwards.Nays: None. Motion camed. Mayor Busho called a five minute recess at 7:55 p.m. The meeting was resumed with the public hearings at 8:00 p.m. Mayor Busho reviewed the public hearing process. The affidavits of publication were on file for the first public hearing. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1999 PUBLIC�IEARING: A.�peal of Staff Zoning Ordinance Interpretation City Planner Pearson reviewed the current and previous uses of the building at 14555 South Robert Trail. The sale of retail auto parts were interpreted by staff as being a non-conforming use in the C-2 Community Commercial District. Planning Commissioners had a tie vote at its meeting, so a determination was not clearly made. The applicant chose to appeal to the City Council for a determination of land use. The specific language is as follows, 6.11, C-2, Sec 2B3, "B. Uses Permitted By Right: 3. All retail goods and services establishments conducted within structures but excluding automobile and equipment sales, services and repair establishments;truck stops; drive- through restaurants; gasoline and fuel sales;car washes; and commercial outdoor recreational uses." The retail business area of the building has been vacant since May 5, 1998. Mayor Busho opened the public hearing for comment. Jerry Hoover, 3782 McMenomy Street, Vadnais Heights, a Champion Distributor manager, commented that equipment sales are different than retail parts sales. Hoover said this store is geared to the"repair-at-home"person and this would be a valued addition to Rosemount.Hoover noted that a market study had not been done because the last business had a good record of sales and placement of new Champion Stores in other towns smaller in size with competitive businesses have been very successful. Natalie Squires, 3601 39th Street South,Minneapolis,would like to purchase the Champion Auto business that would move into 14555 S.Robert Trail. Squires likes the community and would enjoy raising her children here and serving the community with this auto parts business. John Frayne, 1140 xxxxxx, Eden Prairie, noted that outdoor storage is not addressed in C-2, and other types of businesses could be worse neighbors than a Champion Auto Store. MOTION by Busho to close the Public Hearing,Appeal of Staff Zoning Ordinance Interpretation. Second by Edwards. Ayes: Five.Nays: None. Motion carried. Council discussed the conforming uses for a C-2 Community Commercial District and noted that there are other areas available where an auto parts store could be considered a conforming use. Cisewski served on the Downtown Scoping Committee and felt firmly that the Committee did intend to keep auto related business out of this main street area. City Attorney LeFevere reminded Council that it was not pertinent if the business would be a viable business,but rather the permitted use issue that was to be determined. MOTION by Edwards to uphold the staff interpretation of the zoning ordinance prohibition of retail automobile parts sales n the C-2 Community Commercial District. Second by Klassen. Ayes: Busho, Caspar,Edwards,Klassen, Cisewski.Nays: None. Motion carried. Council determined that this zoning ordinance portion should be reworded in order to make it more clear and requested that staff prepare some clarification to be discussed at a future work session. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1999 PUBLIC.HEARING: 2000 Tax Rate Increase Authorization Finance Director May noted that new legislation required this notice to the public in all cities and counties in order to increase spending whether or not the resident will incur an increase in their property taxes. The population and residential housing has increased in Rosemount which will increase the amount the city is spending but, should not increase personal property t�es. Mayor Busho opened the public hearing for comment but no one in the audience responded. MOTION by Edwards to close the Public Hearing for 2000 Tax Rate Increase Authorization. Second by Caspar. Ayes: Five.Nays:None. Motion carried. MOTION by Edwards to adopt A RESOLUTION,as mandated by State Law, AUTHORIZING A TAX RATE TNCREASE FOR THE 1999 TAX LEVY, COLLECTIBLE IN 2000. Second by Klassen. Ayes: Edwards,Klassen, Cisewski,Busho, Caspar. Nays: None. Motion carried. Announcements Mayor Busho reviewed the up-coming events: The Koch-Minnesota Trail was dedicated today. It had a very good turn out.Rosemount High School Homecoming is Sept. 24. September 29th is the Agricultural Task Force is meeting; October Sth is Port Authority and City Council. The "Cities Week"theme this year is Harvesting a Bright Future, dates will be determined next week. Executive Closed Session MOTION by Edwards to retire to a Executive Closed Session in order to preserve attorney-client privileges for the Shafer Litigation. Second by Cisewski.Ayes: Five.Nays: None. Motion carried. The Executive Closed Session began at 9:15 p.m. and was completed at 9:45 p.m. Mayor Busho adjourned the meeting at 9:46 p.m. Respectfully submitted, Linda Jentink, Recording Secretary i Susan M. Walsh, City Clerk The City Council Agenda Packet is Clerk's File 1999-34. 4