HomeMy WebLinkAbout4.a. Minutes of June 6, 1995 Regular City Council Meeting . ROSEMOUNT CITY PROCEEDINGS
' REGULAR MEETING
JUNE 6, 1995
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, June 6, 1995 beginning at 7:30 p.m. in the Council Chambers at City
Hall, 2875 145th Street West.
Mayor McMenomy called the meeting to order with Councilmembers Wippermann, Staats
Busho, and Anderson present. Also present were City Attorney LeFevere, City
Administrator Burt, Administrative Assistant Wa1sh, Parks and Recreation/Community
Center Director Topitzhofer, Public Works Director Osmundson, Community Development
Director Wasmund, Senior Planner Mack, Assistant Planner Pearson, and Finance Director
May.
Mayor McMenomy led the group in the Pledge of Allegiance.
The Consent Agenda was amended by removing 4.q. Keystone Addition Concept Planned
Unit Development and Preliminary Plat: Set Public Hearing and moving 4. l. Leprechaun
Days Service Agreement to New Business, Item ll.e., for discussion.
Penny Butler, Rosemount's representa.tive for Dakota Alliance for Prevention (DAP) gave an
overview of DAP's goals and programs. It is a 25 member partnership in Dakota County
working off a 5 year grant which will run out in December of 1996. The City Council's
support and interest is very important to keep this program on-going. Part of DAP's goals
are to educate and motivate and raise public awareness. Kids need to be aware of healthy
choices especially when it involves drugs or violence. Prevention is nearly always a long
term goal and can't be achieved in just a few years. Council thanked Ms. Butler for her
involvement and good work.
Public Works Director Osmundson reviewed a meeting with Minnesota Department of
Transporta.tion (�vIND01� for accesses onto Highway 3 between County Road 42 and 160th
Street. GTI Theaters had requested an access onto Highway 3 from their parking lot which
was denied by MNDOT because of safety due to the curve and railroad bridge. An access
near CR42 would be allowed on the south property line of Carlson's Tractor, Inc., and it
would require both a right and left turn lane off of Highway 3. An extension of Canada
Avenue would need a railroad crossing so both cost and liability would be high. An access
near 160th Street near Johnson Welding would be allowed only if Canada. Avenue is not
extended across Highway 3. This would also require tum lane construction. Accesses to the
east will be considered as development occurs.
MOTION by Wippermann to approve the Consent Agenda with a change to page 4 of the
City Council minutes of May 16, 1995 and having two Items pulled: Items 4.1 Leprechaun
Days Service Agreement and 4.q Keystone Addition Concept Planned Unit Development and
Preliminary Plat: Set Public Hearing. Second by Busho. Ayes: Staats, Busho, Anderson,
Wippermann, McMenomy. Nays: None. Item 4.1. was moved to New Business for
discussion and Item 4.q. will be on the next City Council agenda.
Administrative Assistant Walsh explained the first draft of the Charitable Garnbling
Ordinance and responses that were received from organizations and businesses. One
regulation of the proposed ordinance will require charitable gambling organizations to expend
annually 80% of its donations within Rosemount or in cities contiguous to Rosemount's
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ROSEMOUNT CITY PROCEEDINGS M
REGULAR MEETING '
JUNE 6, 1995
boundaries. Discussion was held on how the organizations could substancia.te this
requirement and what reports should be filed with the City Clerk. The Charitable Gambling
Ordinance will be brought back to City Council at the next regular meeting.
Mayor McMenomy opened the Public Hearing for the Solberg Aggregate Mineral Extraction
Permit Renewal for 1995. The recording secretary noted that the affidavits of posted and
mailed notice were on file.
Assistant Planner Pearson reviewe�i the renewal of the Solberg Aggregate Mineral Extraction
Permit. The Planning Commission recommended its approval subject to conditions. Marlin
Rechtzigel, 14727 Clayton Avenue, asked about the setbacks for the extration pit on the
Solberg property which are 25 feet to Highway 55 on the west side and 30 feet on the north
side.
MOTION by McMenomy to close the Public Hearing for the Solberg Aggregate Mineral
Extra.ction Permit Renewal for 1995. Second by Wippermann. Ayes: Busho, Anderson,
Wippermann, McMenomy, Staats. Nays: None.
MOTION by Wippermann to adopt A RESOLUTION APPROVING T�iE SOLBERG
AGGREGATE 1995 MINERAL EXTRACTION PERMIT WITH CONDITIONS.
Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staa.ts, Busho. Nays:
None.
Mayor McMenomy opened the Public Fiearing for JoAnn and Marlin Rechtzigel Appeal of
Board of Appeals Variance Denial at 14727 Clayton Avenue. The recording secretary noted
that the affidavits of posted and mailed notice were on file.
Assistant Planner Pearson reviewed the Rechtzigel request to divide their farmstead into a 10
acre parcel with the home and one out building and an 80 acre parcel intended to be farmed
by their son. This would cause three variances: the lot width frontage is 200 feet rather than
300 feet and two side yard setback variances in order to keep the one out building with the
house. The size of the 10 acre lot allows the owner to maintain the green acres tax reduction
program.
JoAnn Rechtzigel, 14727 Clayton Avenue, noted that three generations have fanned this area
for 43 years and they desire to have their son continue. The sunounding land use is fanning
and this lot split would not change any accesses or neighboring lot lines. Mrs. Rechtzigel
requested a waiver of the $100 variance fee.
Dennis Ozment, 3275 145th Street East, a neighbor of Mr. Rechtzigel, commented in favor
of the lot split noting that keeping it agricultural is consistent with the land use.
Staff said that the lot width fronta.ge was changed when the on ramp to Highway 55 from
County Road 42 road improvement was made. This could be cansidered a hardship and
justify that variance.
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Otto Ped, 4992 145th Street East, a neighbor of Mr. Rechtzigel, commented in favor of the
lot split noting that they should be able to continue the Agriculture Preserve Policy.
Mark DeBettignies, 2733 Upper 138th Street West, a Rosemount Planning Commissioner,
reminded City Council that they would be voting only on the three variances tonight.
MOTION by McMenomy to close the Public Hearing for JoAnn and Marlin Rechtzigel
Appeal of Board of Appeals Variance Denial at 1472'7 Clayton Avenue. Second by
Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None.
Wippermann said that the goals noted in the Comprehensive Guide Plan are to continue long
term agricultural use and have agricultural use on lands having a future commercial/industrial
zoning possibility such as Rechtzigel's land. The frontage issue is clearly a hardship due to
the Highway 55 on ramp. The building variances are internal to the property and do not
affect any neighbors. The Planning Commission followed the Zoning Ordinance correctly
and did their job well. Now the City Council has the opportunity to be more flexible and
examine the individual specifics to this appeal.
City Attorney LeFevere noted the support of the variances needs to be listed in a "finding of
facts" so a precedent is not set. The hardships need to be articulated.
MOTION by McMenomy to direct the City Attorney to prepare fmdings of fact to support
granting the variances for JoAnn and Marlin Rechtzigel, 14727 Clayton Avenue, agricultural
lot subdivision request. Second by Wippermann. No poll was taken. Discussion ensued.
The motion was amended to: MOTION by McMenomy to direct the City Attorney to
prepare findings of fact to support granting the variances for JoAnn and Marlin Rechtzigel,
14727 Clayton Avenue, agricultural lot subdivision request including conditions. Second by
Wippermann. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: Anderson. '
Mayor McMenomy opened the Public Hearing for JoAnn and Marlin Rechtzigel Agricultural
Lot Subdivision Request (14727 Clayton Avenue). The recordang secretary noted that the
affida.vits of posted and mailed notice were on file.
Assistant Planner Pearson noted that in light of the motion just made on the Rechtzigel lot
subdivision there should be some conditions attached to the approval possibly including
payment of two units of park dedication, dedication of cross-access easements for shared use
of existing driveways, and approval of the subdivision by the Dakota County Plat
Commission, and a G.I.S. fee of$50.00 per lot. Staff recommends tabling the public
hearing until the conditions can be negotiated with the Rechtzigels.
MOTION by Wippermann to close the public hearing for the JoAnn and Marlin Rechtzigel
Agricultural Lot Subdivision Request (14727 Clayton Avenue). Second by Busho. Ayes:
Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None.
MOTION by Wippermann to table action on the public hearing for JoAnn and Marlin
Rechtzigel Agricultural Lot Subdivision Request (14727 Clayton Avenue) pending variance
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conditions. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho.
Nays: None.
Assistant Planner Pearson reviewed the request by Hampton Development Corporation for a
Planned Unit Development, preliminary plat and rezoning for Shannon Pond East
Development. Jim Allen and Gary Bergquist have planned 77 single family lots on a 38 acre
parcel on the northeast corner of Shannon Parkway and 160th Street. Osmundson noted that
easements are needed into the ponding area since this is not a city owned pond. The
development is planned in phases with the first beginning in the northwest corner of the
parcel with 20 to 30 homes.
Bill Deane, 15670 Crestone Court, commented that the land is quite low for building.
Osmundson noted that gra.ding will raise the area to the level necessary.
Gary Bergquist, Hampton Development Corporation, said that homes should be valued at
$152,000 to $190,000. Bergquist commented on the large amount of waste concrete
discovered that is being hauled away. '
MOTION by McMenomy to close the Public Hearing for Shannon Pond East Residential
Planned Unit Development, Preliminary Pla.t and Rezoning. Second by Wippermann. Ayes:
Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None.
MOTION by Wippermann to adopt A RESOLUTION APPROVING THE SHANNON
POND EAST PLA►NNED UNIT DEVELOPMENT WITH CONDITIONS AND
PRELINIINARY PLAT AND AUTHORIZING THE EXECUTION OF A PLANNED
iJNIT DEVELOPMENT AND MASTER SUBDIVISION DEVELOPMENT
AGREEMENT. Second by Busho. Ayes: McMenomy, Staa.ts, Busho, Anderson,
Wippermann. Nays: None.
MOTION by Busho to ta.ble action regarding the rezoning to R-1 5ingle Family Residential
Detached until approval of a fmal plat for each applicable phase of the Shannon Pond East
Planned Unit Development. Second by Staats. Ayes: Staats, Busho, Anderson,
Wippermann, McMenomy. Nays: None.
Mayor McMenomy called for a five minute break. The meeting was reconvened at
9:23 p.m.
Mayor McMenomy opened the Public Hearing for Shannon Meadows Residential Planned
Unit Development Concept Review. The recording secretary noted that the affidavits of
posted and mailed notice were on file.
Assistant Planner Pearson reviewed the Planned Unit Development for Shannon Meadows
located near Hawkins Pond and 145th Street and Shannon Parkway. De�eloper 7ack Gassner
is requesting smaller lot areas and width standards but providing open space and three ponds.
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JUNE 6, 1995
Kevin Reidelandall, RLK and Associates, noted that the home styles offer a wide variety of
homes.
Mr. Gassner noted that covenants have not yet been discussed and that home values should
be about $125,000 to $155,000.
John Hawkins, 4173 145th Street West, will be a neighbor to the Shannon Mea.dows
Development. He was in favor of the plat. Hawkins would like the larger pond near by to
be treated with a seal filler in order to have the pond retain water better.
MOTION by McMenomy to close the Public Hearing for the Shannon Meadows Residential
Planned Unit Development Concept Review. Second by Wippermann. Ayes: Busho,
Anderson, Wippermann, McMenomy, Staats. Nays: None.
The City Council voiced some concerns on the lot width and density and indicated they
would be in favor of the subdivision but with larger lots.
Renee Stevenson, 14600 Cameo Avenue, said that many people do not want a large lawn to
take care of. It is a new concept, but probably a good one.
City Attorney LeFevere advised it would be best to revert the concept plan for Sha.nnon
Meadows back to the Planning Commission for changes to reduce variances.
MOTION by McMenomy to table the Shannon Meadows Residential Planned Unit
Development Concept Review and refer this back to staff and the Planning Commission to
revise the lot size and to reduce the number of variances after which it will be returned to
the City Council for considera.tion. Second by Anderson. Ayes: Anderson, Wippermann,
McMenomy, Staa.ts, Busho. Nays: None.
Finance Director May further reviewed the operations of the Deputy Registrar office in City
Hall and still recommends closing that office due to the budget restraints and staff reduction.
Councilmember Busho requested the Deputy Registrar office remain open because of the
service it provides for the residents. Once it would be closed the State has said that the City
of Rosemount would not be permitted to ever have another deputy registrar office.
Busho would like to see extended hours to better serve the residents.
MOTION by McMenomy to authorize the posting and advertising for the replacement of the
Deputy Registrar Clerk. Second by Wippermann. Ayes: Wippermann, McMenomy,
Busho, Anderson. Nays: Staa.ts.
MOTION by Busho to authorize staff to apply for the Oak Wilt Suppression Program Grant.
Second by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann.
Nays: None.
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MOTION by McMenomy to adopt A RESOLUTION SUPPORTING CONTINUED
BUDGETING FOR THE RO5EMOUNT WASTEWATER TREATMENT PLANT
EXPANSION PROJECT. Second by Anderson. Ayes: Staats, Busho, Anderson,
Wippermann, McMenomy. Nays: None.
MOTION by McMenomy to move Item ll.d. Overlay Project Discussion to the next regular
City Council meeting for discussion. Second by Busho. Ayes: Busho, Anderson,
Wippermann, McMenomy, Staa.ts. Nays: None.
Administraxive Assistant Walsh reviewed the Leprechaun Days Service Agreement. City
Attorney LeFevere noted that this will allow organizations, businesses and individuals to
receive favorable ta�c treatment from their donations. Councilmember Busho is on the
Leprechaun Days Committee and so abstained from voting.
MOTION by Wippermann to approve the Service Agreement between the City of
Rosemount and Leprechaun Days authorizing the Mayor and City Clerk to execute the
Agreement. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats.
Nays: None. Abstain: Busha
Otto Ped, 4992 145th Street Ea.st, asked to express his concern for the speeding cars on
County Road 42 and the frequent occurrence of passing on the right e�en though this is a
bike lane. Councilmembers Staats and Wippermann have noted the same thing on
McAndrews Road. Staff was requested to send letters to the county and state to possibly
increase signage (i.e. No passing on shoulder, Bike Lane) and further enforce vehicle laws.
Council discussed whether to extend the deadline far accepting port authority commissioner
applications or to set interviews for the June 20, -1995, meeting. Councilmembers agreed
that if no other applications are received, the deadline should be extended to June 23, 1995.
If more applications are received, the interviews should be scheduled to be held before the
city council meeting on June 20, 1995. If a port authority meeting is held that evening, then
the interviews should be scheduled after the city council meeting.
MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: Wippermann,
McMenomy, Staats, Busho, Anderson. Nays: None. The meeting was adjourned at
11:15 p.m.
Respectfully submitted,
Linda Jentink, Recording Secretary
The City Council Agenda Packet is Clerk's File 1995-13.
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