Loading...
HomeMy WebLinkAbout4.a. Minutes of November 6, 1990 Regular Council Meeting ` ' ROSEMOUNT �ITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 1990 Pursuant to due call and notice thereof a regulaz meeting of the City Council of the City of Rosemount was duly held an Tuesday, November 6, 1990, at 8. 00 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include the following: Item 7Fd) Christmas Tree Lighting: Wiring Project; and 10(a) 11/7/90 Special Council Meeting. N:ayor Napper opened the scheduled public hearing at 8:00 p.m. to consider the Variance Appeal submitted by Larry Newland, 14590 Biscayne Way. The City Administrator presented for the record the Affidavit of '; Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990-35 . Mr. Newland has requested an appeal to the denial by the Board of Appeals and Adjustments to allow a variance to minimum zoning ordinance side and rear yard setback requirements to allow construction of a 14 ' x 18 ' (252 sq. ft. ) accessory structure to within five feet of both the rear and side yard lot lines. The current ordinance states that accessory buildings over 150 square feet in the R-1 District must maintain 30-foot rear yard and 10-foot side yard setbacks . City Planner Wozniak advised that Mr. Newland has already constructed the building to within five feet of both the side and rear yard lot lines (former ordinance regulations) . Wozniak further noted that construction continued and was completed despite being advised of the necessity of acguiring a variance and without benefit of the issuance of a building permit. The Board of Appeals and Adjustments denied the variance petition based upon the grounds that the request did not meet the requirements for variances as established in Section 15 .2 of Or�inanc� B - City of Rosemount Zoning Ordinance. Building Official Ron Wasmund provided a chronological summary of events which ultimately led to the issuance of a citation for failure to comply with zoning ordinance requirements and building codes. A�torney David Harmeyer confirmed the issues presented and further stated that citations have been considered at an arraignment hearing with a pre-trial date set for November 13, 1990 . Larry Ivewland, petitioner, agreed with staff's presentation of the facts; however, he explained that upon initial contact with the City regarding his proposed accessory structure the previous ordinance was in effect, which allowed the five foot side and rear setbacks. Mr. Newland based his construction plans on these requirements and learned of the increased restrictions in the new ordinance after submitting his building permit application. Existing landscaping and potential fire hazard due to proximity of an existing garage were cited as 1 � ' ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 1990 rationale for placement of his building. Mr. Newland stated that Rosemount is more restrictive than surrounding communities regarding setbacks for accessory structures, and, although it may not have been the City's intent when drafting the new conditions, current ordinance regulations would a11ow as many as six smaller structures at the setback he has proposed for his one 252 square foot building. He expressed his frustration at the length of time for scheduling of the � variance hearings . Becoming impatient with the procedure, he �, completed the structure as he had originally planned, without a building permit or variance approval. Tim Barnes, 14600 Biscayne Way, concurred with Mr. Newland'S recommendation that the City consider amending the ordinance to be less restrictive in regard to accessory structures in the R-1 District - and that methods should be adopted to expedite the variance proc$dure. Mr. Newland presented the Council with a petition signed by area residen�s indicating approval of the placement of the subject structure and in support of an amendment to the zoning ordinance. See Clerk's File 1990-35 . There were no other comments from the audience. MOTION by Napger to close the public hearing. SECOND by Klassen. Ayess Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: -0. Council acknowledged that the variance request did not meet the findings necessary for granting of a variance. Although there may be merit in discussing an ordinance amendment in the future, Council concurred that their decision must be based upon the current ordinance �tandards. I�OTZON by Napper to deny the appeal to variance denial of Larry Newland on the grounds that his request does not meet the requirements of Section 15 .2 of Ordinance B - City of Rosemount Zoning Ordinance. 5�cond by Wippermann. Ayes : Wippermann, Napper, Oxborough, Klassen, Willcox. Nays : 0 . See Clerk's File 1990-35 . The Council was introduced to Christopher Lee Hoyt, new police officer �o� the City of Rosemount, who had been sworn in and assumed his duties or. October 30, 1990. Council congratulated Mr. Hoyt on his employment and welcomed him ta the City of Rosemount. Co�nmur.ity Development Director Dean Johnson advised of a request for the City, along with several other metro area municipalities, to participate in the Host City Program for the 1991 International Summer Special Olympics to be held in Minnesota next summer. The City of Rosemour�t will serve as host to the country of Indonesia and organize and encourage support and involvement from local civic organizat�,ons, institutions ar.d businesses . Finance Director pon Darling advised CounCil of the necessity for the sale of General Obligation bonds for Improvement Projects for 1990. Dan O'l�Teill, Springsted, Inc. , described the issues and detailed the amounts of bond sales required to complete six projects by the end of 2 ' ` ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NC?VEMBER 6, 1990 1990 . Police Chief Elliel Knutsen presented a summary of a training session he?d at City Hall on October 26, 1990 . This activity involved a "Tab1e Top Exercise" which simulated a Koah Refining disaster and provided a means for evaluation of participant reaction and response to fictitious emergency situations . Those participating in this successful operation included several department heads, the police department and fire department representatives, as well as representatives of county and state emergency service personnel. I�OTIO�i by Napper to approve the Consent Agenda subject to moving Item 5(i) Set Hearing Date for Variance P.ppeal of Beth & Greg Bergacker to under Old Business: Item 6{h) ; and moving Item 5(j ) Approve Pay Estimate 7, Shannon Parkway Street & Utilities Improvements to under Old Business: Item 6(i) . SECOND by Klassen. Ayess Napper, Oxborough, Kla�sen, Willcox, Wippermann. Nays : 0 . See Clerk' s File 1990-35 . �ollowing a public hearing at its ' September 18, 1990 regular meeting, Council failed to approve a petit�on for a- text amendment to the Zoning Ordinance to allow mineral extraction as a permitted use in the Agriculture District east of State Trunk xighway 52 . Four votes in favor are r.ecessary for approval of a Zoning text amendment. As a diss�nting voter, Mayor Nagper has requested this item be brought up �at this meeting for reconsideration by Council. City Planner Michael Wozniak briefly reviewed the circumstances which led to this request vuhich would allow Mr. Otto Ped to conduct a sand and gravel mining operation to remove a ridge situated on his property and render the terrain more conducive for agriculture use. Mr. Otto Ped, 4992 145th Street East, stated that his property has been described by the PCA as marginal for suitable agriculture purposes. Wayne Zelmer, Dakota County Soil and Water Conservation District representative, discussed the merits of the proposed project and extended full technical support to the property owner throughout the operation and final reclamation. Palmer Peterson, Bituminous Roadways, Inc. and patential mining operator, discussed the preference of a mining permit over an excavation permit as being more operational and seasonably feasible. Council members Klassen and Wippermann stated they had no objections to tre activity proposed for Mr. Ped's property; however, they expressed reservations in allowing mineral extraction in the AG District stating their concern that it would encourage and promote the developmer.t of several gravel pits in this area. Their preference would be that this operation take place under a seasonal excavation permit. Building Official Ron Wasmund advised that an excavation permit is allowed in this district; however, in this circumstance, a mining permit would provide more control over the mining activities due to stricter criteria. 3 ` ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 1990 MOTION b� Napper to adopt Ordinance B-10 AN ORDINANCE AMENDING ORDINANCE B, CITY OF RQSEMOUNT ZONING ORDINANCE. SECOND by Willeox. Ayes: Oxborough, Willcox. Nays : Klassen, Wippermann, Napper. See Clerk's File 1990-35 . By unanimous consent of the Council, a ten minute recess was called at 9 :40 p.m. with the meeting reconvened at 9 :50 p.m. Due to a word processing error, a provision of the zoning ordinance was inadvertently misprinted and several copies of an incorrect version of the ordinance have been distributed. Staff has determined that the incorrect copies of the Zoning Ordinance were first distributed earlier this year after the text of the ordinance was converted from one word processing computer program to another to facilitate ease of printing of the document for public distribution. City Planner Wozniak advised that there is no legal requirement to hold a public hearing or to republish since a summary of the ordinance was originally published, rather than a verbatim copy. I�OTYON by Napper that the Council acknowledged the error in the final gublished copy of Ordinance B - City of Rosemount Zoning Ordinance, pertaining to accessory buildings located east of Akron Avenue; and to authorize the redistribution of corrected copies to City Couneil, Planning Commission, public libraries and other agencies in receipt of ,the document. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. See Clerk's File 1990-35. City Administrator Stephan Jilk informed Council that the Rosemount Flower Garden has been the recipient of the 1990 Governor's Green Garden Award. MOTION by Nagper to approve a "letter of thanks and congratuiations° to the volunteers and contributors for their efforts in establishing the Rosemount Community Flower Garden and directing its publication in the City's official newspaper. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990-35 . Parks and Recreation Director Dave Bechtold presented the Parks and Recreation Committee formal recommendation to contract with the firm of Brauer & Associates to complete a "parks master plan" and for the development of a scoping plan for the "Town Green" and Carroll`s Woods projects previously authorized by Council. Jeff Schoenbauer, Vice- President of _Brauer & Associates, provided an overview of the scope of the planning project citing major objectives of the planning exercise and scope of services that would be provided. Completion of this project has been targeted for spring, 1991 . The Parks & Recreation Committee has also submitted their recommendation of nine persons to serve on the Mast r Park Committee. Council member Klassen has requested Council consid ration for an additional member, Mr. Ed Barloon. MOTION by Willcox to accept the proposa? of Brauer Associates and 4 ' ' ' ROSEMOUlv"T CITY PROCEEDINGS REGULAR MEETING � NOVEMBER 6, 1990 authorize completion of documents necessary to contra t that firm to co:nplete a "parks master plan" and additional plans, n detail, for Town Green and Carroll's Woods; and, further, to appr ve the Parks Master Plan Committee members as recommended by the P rks and Recreation Committee, with the addition of Ed Barloon SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klasse , Willcox. Nays: 0. See Clerk's File 1990-35 . City Administrator Jilk presented an update on the status of the Shannon Park project and outlined staff recommendations for funding the completion of the park development and closing out the Special Project Fund. I�OT�ON by Klassen to approve the funding mechanism for completion of the Shannon Park Project and the closing of the Special Project Fund. SECOND by Napper. Ayes : Napper, Oxborough, Klassen, Willcox, Wippermann. Nays : 0 . See Clerk's File 1990-35. David Kross, Boarman & Associates, presented the final document of the "Municipal Facility Study" for formal acceptance and adoption by Council. The final report identifies the City's existing and future structural, equipment and personnel needs, including a phasing plan for implementation, through the year 2005 . Mf'��'ION by Wippermann to accept and approve the "Rosemount Facilities Study" as presented by Boarman and Associates. SECOND by Willcox. Cour.cil member Klassen stated her preference for comment and approval from the Citizen's Advisory Committee before formal adoption. Vote on the MOTION: Ayes : Oxborough, Willcox, Wippermann, Napper. Nays : Klassen. See Clerk`s File 1990-35. Council was directed to their copy of correspondence from Charles LeFevere, Holmes & Graven, which outlined the issues to be addressed srouZd the City elect to proceed with the acquisition of the University of Minnesota property. City Administrator Jilk stressed the significance of the proposed study by Holmes & Graven which would identify the extent and magnitude of issues a consultant could exgect to be involved in resolving potential issues associated with the University property. MOTION by Napper to approve the use of the firm of Holmes and Graven for services outlined in the letter dated October 30, 1990 from Cnarles LaFevere and to direct the City Administrator to receive cost estimates from Holmes & Graven of services to be provided and to limit the expenditure for the services to $3, 000 until a cost estimate is rece�ved and further expenditures are approved. SECQND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. See Clerk's File 1990-35. Community Development Director Dean Johnson informed Council, that u�on further investigation and interpretation by the city attorney, it r.as been determined that the eurrent ordinance does not require 5 ' ' ` ROSEMOUNT CITY PROCEEDINGS � REGULAR MEETING NOVEMBER 6, 1990 extraordinary aesthetic treatment of accessory structures situated east of Akron Avenue. This eliminates the requirement for Mr. and Mrs. Greg Bergacker to seek a variance for their proposed accessory storage building at 13080 Akron Avenue. Council directed staff to address a letter to the Bergackers informing them of the recent findings, apologizing for the delay in issuing a building permit and thanking them for their patience; and, further, directed that the Bergackers receive a refund of the Variance Petition fee. As requested by Council member Klassen, City Engineer Rich Hefti agreed to examine and confirm that manhole specifications have been met on Shannon Parkway. MOTION by Klassen to approve partial payment #7 for City Contract 1989-5, Shannon Parkway Street & Utility Improvements to Richard hnutsor., Inc. in the amount of $23,282 .22 . SECOND by Napper. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays : O. See Clerk's File 1990-35. MOTION by Oxborough to ratify the Rosemount Fire Department action and accept the resignation of Bill O'Donnell, effective October 23, 1990. �ECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays : 0. See Clerk's File 1990-35. .Community Development Director Johnson discussed and compared responses received from the Request for Qualifications (RFQ) for hauler services for the Z991 Rosemount Recycling Program. Based upon the comprehensive manner in which Knutson Services, Inc. (KSI) addressed the RFQ, as well as the excellent record as previous hauler for the Rosemount Recycling Program, staff recommends KSI be cor.tracted to provide recycling hauler services for 1991 . M4TION by Wippermann authorizing staff to negotiate a contract for recycling services for the Rosemount Recycling Program for the 1991 calendar year with Knutson Services, Inc. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays : Q. See C?erk's File 1990-35. City Administrator Jilk requested Council authorization to initiate the process for replacement of vacancies on the City's various commissions, committees and boards, per City policy. MOTION by Klassen directing that the city commission/committee selection process begin and that city staff take the necessary action to do so. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. See Clerk's File 1990-35. Staff has received proposals for additional electrical connections needed to accommodate Christmas tree lighting at the westerly entrar.ce to City xall and requested Council approval to award the contract to Corrigan Electric Company for their low bid of $3,381 .00 . I�OTION by Klassen to approve hiring Corrigan Electric Company to install the extra wiring to provide electrical service for the 6 ' ' ` ROSEMOUl�'T CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 1990 Christmas tree decorations in an amount not to exceed $3,381. SECOND by Napper. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. lvays: 0. See Clerk's File 1990-35 . The League of Minnesata Cities (LMC) will hold its Annual Legislative Policy Adoption Meeting on November 27, 1990 in Minneapolis. This ever.t is an opportunity for City staff and officials to meet with state legislators and be involved in the policy adoption process. N:OTION by Napper authorizing Council and department heads to attend tr.e LMC Policy Adoption Meeting and to pay costs associated with the attendance. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0 . See Clerk's File 1990-35 . MOTION by Napper to reschedule the November 7, 1990 Special Council Meeting to November 14, 1990 . SECOND by Klassen. Ayes : Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0 . i�+:0�'30N by Napper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. (Adjourned at 11:25 p.m. ) Respectfully submitted, - Donna Quintus Recording Secretary _ATTLST: Stephan Jilk, City Administrator Published this day of , 1990 in Dakota Countv Tribune. 7