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HomeMy WebLinkAbout4.a. Minutes of January 12, 1995 Special Meeting and January 17, 1005 Regular Meeting ROSEMOUNT CITY PROCEEDINGS �"�'�� � � � SPECIAL MEETING JANUARY 12, 1995 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Thursday, January 12, 1995 at 6:30 p.m. at the Rosemount Community Center located at 13885 South Robert Trail. Acting Mayor Wippermann called the meeting to order with Councilmembers Staats, Busho, and Anderson present. Also present was City Administrator Burt. Mayor McMenomy arrived at 6:45 p.m. Administrator Burt reviewed the process for interviewing the applicants for vacancies on the city commissions and committees. Each applicant was allowed fifteen minutes per interview. Formal appointments would be made at the next regular city council meeting. The residents interviewed were: Karen Griffin, Donald F. Stille, Jr., Jeff Moser, Dave Giliuson, Daniel McCarthy, Janet L,a.rson, John Stefani, Michael Eliason, Bill Droste, Joan Anderson, Donald Berg, and John Howard. MOTION by Anderson to adjourn the meeting. Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. The meeting was adjourned at 10:35 p.m. Respectfully submitted, Thomas D. Burt Ciry Administrator The City Council Agenda Packet is Clerk's File 1995-2. ROSEMOUNT CITY PROCEEDINGS � REGULAR MEETING ������� ��"`,l- �;- � J�UARY 17, 1995 of the City Council of the City Pursuant to due call and notice theesdaa Jan ary�17e 995, at 7:30 p.m• in the Council of Rosemount was duly held on Tu Y� Chambers at City Hall. enom called the meeting to order with Coun as bsents �derson, Mayor McM y resent. Councilmember Staats Wippermann and Busho p Ma or McMenomy led the group in t1�e Pledge of Allegiance. y reation & CommunitY Center ManaSer Lisa Jost introduced the city's new S new Rec t ro rammer, Da n S c h u l t z. P o l i c e C hief�ut il ext n d e dca we l c o m e t o t h e recreational p g Counc communitY service officer, Todd Winters. The City new staff inembers. r Andrew Mack and Kevin Carroll of SOAR requested that the City Senior Planne ort of the Minnesota Legislature and the Council consider adopting a resolution in supp uncil on Airport PlanninS to require that the Metropolitan Cocess by 1 State Advisory Co Metro olitan Airports Commission conclude ths a adl ne wou d�support la g n decision P islative deadline. Meeting th the July, 19961eg' islature. Mr. Carroll also updated Cc����1,9� on the airport proposals by the 1997 Leg the resurfacing of the re mote runway concept which he felt could have maj�riemPac on Rosemount. The Council thanked Mr. C��l�e Counc b n�oomed involvement in the airport issue and keeping to adopt A RESOLUTION SUPP�RTING CE SL Second by MOTION by WlpPerma� ING PRO COMPLETION OF THE DUAL T�'C MCMen my Bu�� Nays: None. Busho. Ayes: Anderson, WipPermann, considered, and Councilmember Busho req iea S�ss on.tem 4(0) The consent agenda was enda fo Gambling Premises Permit be removet erconsent agenda as amended. Second by MOTION by McMenomy to approve Anderson. Ayes: WipPe�a�� McMenomy, Busho, Anderson. Nays: one. ed action to support a gambling premises pe�and Grill was cons�dered The recommend a second West Suburban Junior Kodiaks to sellBusho e aressed concBerns that allowing the by the City Council. Councilmember '� roceeds now earned by charitable organization at this locatione f the Knight advised the Council that he�ht d Knights of Columbus. A representa learned that evening that another charitable PVeI of the�Kod aks"e advised the �ust resentati Call Bar and Grill. Steve Hawkins, a rep ulltabs would help purchase ice time at Council that some of the net proceeds from the p Rosemount CommunitY Center. He further infer�m�e�d�t eof Columbus were not the Council of agreement with Last Call we1u�iSe e City Attorney LeFevere informed the City agreeable to sharing the p � P amblin ordinance. possible regulations by the ci if the Council were to ado t a g g ROSEMOUNT CITy pROCEEDINGS � REGULAR 1VIEETING ' , .TANITARY 17, 1995 Following further discussion, the Council reached a consensus the two charitable organizations should meet and discuss their pulltab operations and meet with the own of Last Call, er MOTION by Busho to table action on the amblin Anderson. Ayes: McMenomy, Busho, An erson, Wlppermeann e N ys:SNone. bY Mayor McMenomy opened the public hearing to consider an off-sale 3.2 license for the new Kwik Trip Store located at 14810 South Robert Trail% m�t liquor The required aff'idavits were presented for the record. Administrative Assistant Susan Wa1sh advised the Council that the a order and the appropriate fees were paid, pplication was in MOTION by Wippermann to close the public hearing. Second b And Busho, Anderson, Wippermann, McMenomy. Nays: None. Y erson. Ayes: MOTION by Wippermann to approve issuance of an off-sale 3.2% rnalt li uor lic Kwik Trip, Inc. to se113.2% beer at Kwik Trip #697, 14810 South Robert Tr ' Q ense to to issuance of a certificate of occu an ail, subject Wippermann, McMenomy, Busho.PNays: Nonea by $usho. Ayes: Anderson, Mayor McMenomy opened the public hearing to consider te Zone Interim Use Pemut. rmination of the Adventure The required affidavits were presented for the record. Assistant Planner Rick Pearson advised that the Adventure Zon business, is currently per�tted as an interim use permit (IUp) in�the G�e�al P�ntball District on Highway 55. On December 13, 1994, the Planning Commission �dustriai recommended that the IUP be terminated because of noncompliance with several conditions of the permit, Pearson made note of a handout to the City Council fr city building division which listed seven building code violations by the Adven °m the business. As background information, Pearson stated that the Adventure Zone re Zone another paintball business had previously operated for several e �d the city clerk. This permit was seasonal in nature and structuredforu sesr a permit from could be conducted on undeveloped property, or events that Assistant Planner Pearson advised that in 1993 a request was ma Zone to expand the permit to include winter games; and because thbythe Adventure around activities, the validity of a seasonal permit was reassessed because lofa yeaz intensi�cation of the use and the apparent impact of activity on the site. City staff has 2 • ROSEMOUNT CITY PROCEEDINGS ` REGULAR MEETING JANUARY 17, 1995 found erosion which resulted from traffic and parking, pallets and debris accumulated on I the site and an 60 foot trailer had been parked. Pearson noted that the trailer is used ' for equipment rental, concessions and admissions, and the building department considers the occupancy to be commercial and not in compliance with the uniform building code. Pearson advised trailers such as this one are prohibited by the zoning ordinance unless related to ongoing construction. The noncompliance issues by Adventure Zone were addressed by Pearson. Pearson advised the IUP was granted with 13 conditions; and the required site work from the 13 conditions was explained to both paintball businesses. The noncompliance issues which the Adventure Zone has made no effort to address are as follows: (1) no crushed rock or alternative has been applied to the parking area to counter the effects of erosion; (2) no improvements have been made to the entrance at TH 55 in accordance with Mn DOT specifications; and (3) no attempt has been made to either bring the trailer into conformance with the uniform building code or have it removed. Brett Harvey, president of the Adventure Zone, next addressed the City Council. Mr. Harvey expressed concerns that he was given only one day's notice of the December 13, 1994 Planning Commission meeting. He was informed of the Planning Commission meeting by a letter from city staff dated December 9, 1994. Mr. Harvey stated he was unsuccessful in contacting Assistant Planner Pearson prior to the December 13, 1994 Planning Commission meeting. Mr. Harvey further advised that his company did ;� � ; respond to the conditions of the IUP by way of a packet of information sent to city staff ` �fi'� �,��., members Rick Pearson, Ron Wasmund and Tom Burt who were informed of Adventure ;'. �' Zone's many concerns. Mr. Harvey felt his company did try to address the � � � noncompliance issues and these attempts, along with their concems, were in the packet � ' .:- of information sent to the city staff. Mr: Harvey also noted that it was impossible for his � � business to address the site work issues during the winter months. f Mr. Harvey informed the council that his company was not fully informed about the` conditions, and he only had 39 days to satisfy all of the conditions. Upon receiving the conditions, Mr. Harvey stated he had major concems about what his company was suppose to do; and these concerns caused him to furnish the packet of information to city staff. Mr. Harvey next addressed the compliance issues presented by Assistant Planner Pearson. Mr. Harvey disputed the noncompliance matter of no crushed rock or altemative. Harvey stated his company were not allowed to use an alternative such as recycled concrete because city staff felt recycled concrete would have to be maintained on an annual basis. Mr. Harvey felt the maintenance issue should be up to him and recycled concrete was a good alternative. With regards to improvements to the entrance of his business, Mr. Harvey stated this could not be addressed until the gravel issue was resolved. Regarding the trailer, Mr. Harvey implied that prior to the interim use permit 3 ROSEMOUNT CITY PROCEEDINGS ` , REGULAR MEETING JANUARY 17, 1995 city staff told him it was acceptable to have a trailer as long as it wasn't a permanent structure; and therefore he attempted to comply with the original permit. MOTION by Busho to close the hearing. Second by McMenomy. Ayes: Wippermann, McMenomy, Busho, Anderson. Nays: None. Council discussed the appropriateness of allowing the owner of the Adventure Zone to provide additional comments in writing before taking action on the temunation at the next Council meeting. Council then asked Assistant Planner Pearson to address Brett Harvey's comments. Pearson advised that correspondence dating back to 1993 indicates that the building department had advised the owner of the Adventure Zone on the noncompliance of the trailer. Pearson didn't believe dialog had been held between city staff and Mr. Harvey on how to bring the trailer into compliance with the uniform building code. With regards to the zoning ordinance, Pearson felt the trailer could be brought into compliance, and one issue that would have to be addressed would be access to the trailer for Adventure Zone customers. Pearson stated the permit allows for alternatives to crushed limestone with the approval of the city engineer. Assistant Planner Pearson advised the Council that the packet of information provided by Adventure Zone did not address reasons why Adventure Zone could not conform to the conditions. City staff suggested several times that if Adventure Zone could provide staff with a copy of the permit application or other correspondence with MnDOT that the City would consider extending the deadline for compliance. It was also suggested to the owners of Adventure Zone that the deadline for compliance would possibly be extended if they provided proof of looking at altematives to the crushed rock or trailer issue. In summary, Assistant Planner Pearson felt the owners were given signi�cant concessions to normal requirements with conditions of the IUP. Pearson added the other paintball operation has complied with all of the conditions, and they feel they are being treated unfairly because they complied and the Adventure Zone has not. At this time in the hearing Mr. Harvey was asked if he had any further comments. Mr. Harvey advised he did not. MOTION by McMenomy to direct staff to prepare �ndings of fact that will support the termination of The Adventure Zone Interim Use Permit and to allow The Adventure Zone to provide written statements to the City Council before the next City Council meeting. Second by Wippermann. Ayes: McMenomy, Busho, Anderson, Wippermann. Nays None. Mayor McMenomy opened the public hearing the Kuznia/Ped Agricultural Subdivision, located at 4992 - 145th Street East. � ' 4 ' ROSEMOUNT CITY PROCEEDINGS � REGULAR MEETING JANUARY 17, 1995 The city clerk presented for the record the required affidavits. Assistant Planner Rick Pearson provided background information on the request by Grace Kuznia and Otto Ped for an agricultural split of 160 acres. Pearson noted the Planning Commission recommended approval of the division. MOTION by McMenomy to close the public hearing. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by Anderson to adopt A RESOLUTION APPROVING THE AGRICULI'URAL DIVISION OF THE PED ESTATE FOR GRACE KUZNIA AND OTTO PED. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: None. MOTION by Busho to hire George Mikutowski as arena manager with a starting date of February 1, 1995 subject to a successful pre-employment and driver's license check. Second by McMenomy. Ayes: Wippermann, McMenomy, Busho, Anderson. Nays: None. City Administrator Tom Burt discussed the concept of a lease purchase for several capital equipment items that need replaced or purchased in 1995. The City Councii reviewed the requested items and discussed the lease purchases with the staff inember. MOTION by McMenomy to direct city staff to continue working on a lease purchase and bring it to City Council on February 21, 1995. Second by Busho. Ayes: McMenomy, Busho, Anderson, Wippermann. Nays: None. City Council reviewed the recommended appointments to the Planning Commission, Port Authority, Utilities Commission, Parks and Recreation Committee and USPCI Trust Fund Committee. Interviews of interested residents were held by the City Council on January 12, 1995. MOTION by Busho to appoint the recommended residents to the commissions and committees as addressed in the Fxecutive Summary. Second by McMenomy. Ayes: Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to adjourn. Second by Wippermann. Ayes: 4. Nays: O. Respectfully submitted, Susan M. Walsh, City Clerk The City Council agenda packet is Clerk's File 1995-3. 5