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HomeMy WebLinkAbout20170404 CCM RMROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 4, 2017 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, April 4, 2017, at 7:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Nelson, Weisensel and Freske attending. Staff present included the following; o City Administrator Martin o Chief of Police Scott o Parks & Recreation Director Schultz o Interim City Engineer Morast o Community Development Director Lindquist o Planner Klatt o Recording Secretary Fasbender The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Martin stated there were no proposed changes to the agenda. Motion by DeBettignies. Second by Weisensel. Motion to Adopt the Agenda as presented. Ayes: Nelson, DeBettignies, Droste, Weisensel, Freske Nays: 0. Motion carried. PRESENTATIONS, PROCLAMATIONS, & ACKNOWLEDGMENTS PUBLIC COMMENT None CONSENT AGENDA Motion by Nelson. Second by DeBettignies. Motion to Approve the Consent Agenda with the removal of item 6) C, I, N a.Minutes of the March 15, 2017 Work Session Proceedings b.Bills Listing c.Commissioner Appointments d.Expenditure Approval from the Donation Account - Parks & Recreation Dept. e.Purchase of New Police Squad Laptops f.Receive Bids and Award Contract - Steeple Center Restoration g.Receive Donation - Parks & Recreation Dept. h.Receive Donation & Approve Expenditure - Police Equipment Fund i.Receive Grant Funds from The American Legion j.Declare Cost Set Hearings - 2017 Street Improvement Project, City Project 470 k.Order Project Authorize Plans and Specifications Greystone 6th Addition Street and Utility Improvements, City Project 2017-01 6.b. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 4, 2017 l. Receive Plans & Specifications Authorize Ad for Bid Parking Lot Improvements at City Hall and Connemara Park, City Project ENG 188 m. Request by CalAtlantic Group, Inc., for Final Plat Approval of Greystone 6th Addition n. Motion to Approve Two Solar Garden Subscription Agreements and Authorize Mayor and Clerk to Enter into Agreement Ayes: DeBettignies, Nelson, Droste, Weisensel, Freske Nays: None. Motion carried. 6.c. Commissioner Appointments Councilmember Weisensel recognized the commissioners and expressed gratitude for their time and commitment to their commissions. Motion by Weisensel. Second by Freske. Motion to 1) approve Ordinance 2017-01 amending City Code Title 2, Chapter 2 regarding the Parks and Recreation Commission; 2) approve amendment of the Parks and Recreation Commission Bylaws; 3) fill Commission vacancies with the following appointments:  Scott McDonald for a 2-year term on the Parks and Recreation Commission, hereby waiving the 3-year term requirement in the Parks and Recreation Commission bylaws and the Commission Selection Policy, C-1;  Lincoln Tilson for a 3-year term on the Parks and Recreation Commission;  Maureen Bartz for a 3-year term on the Parks and Recreation Commission;  Craig Nelson for a 3-year term on the Parks and Recreation Commission;  Vanessa Demuth for a 3-year term on the Utilities Commission;  Melissa Kenninger for a 3-year term on the Planning Commission;  James Nelson for a 3-year term on the Planning Commission;  Bob Smith for a 6-year term on the Port Authority;  Colleen Corrigan to the Environmental/Sustainability Task Force; Ayes: DeBettignies, Nelson, Droste, Weisensel, Freske Nays: 0. Motion carried. 6.i. Receive Grant Funds from The American Legion Councilmember Nelson expressed gratitude to the American Legion and the Police Department. Motion by Nelson. Second by DeBettignies. Motion to accept a donation in the amount of $1000.00 to the Rosemount Police Equipment Fund and to approve the expenditure of $1000.00 to be used for Youth Activities Ayes: DeBettignies, Nelson, Droste, Weisensel, Freske Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 4, 2017 6.n. Motion to Approve Two Solar Garden Subscription Agreements and Authorize Mayor and Clerk to Enter into Agreement Mayor Droste discussed the savings used for the solar garden. Lindquist reviewed the companies they are currently working with and the financial & energy potential savings. The council discussed in the past wanting to be more committed to sustainability and this is part of the plan to reduce our carbon footprint. Motion by Droste. Second Weisensel. Motion to approve the two subscription agreements with Oak Leaf Energy Partners and authorize the Mayor and Clerk to enter into the Agreements. Ayes: DeBettignies, Nelson, Droste, Weisensel, Freske Nays: 0. Motion carried. PUBLIC HEARINGS 7.a. Wayne Transport, Inc. Comprehensive Plan Amendment, Appeal of Variance Decision, and Appeal of Site Plan Review Decision to Expand Truck Trailer Parking Senior Planner Kyle Klatt provided a summary to Council as they are being asked to consider the Wayne Transport Comprehensive Plan Amendment, Appeal of Variance Decision, and Appeal of Site Plan Review Decision to Expand Truck Trailer Parking related to a request by Wayne Transports, Inc. to construct a parking lot on property south of their existing facility at 14345 Conley Avenue. Klatt provided an overview of project and Planning Commission actions. The site being discussed is located in the northeast quadrant of County Road 42 and Hwy 52. Klatt discussed the future plans of Dakota County and the existing conditions the city is working with, TH42/TH52 road construction. Dakota County’s TH42/TH52 interchange project indicates that they will only be acquiring about half of the applicant’s parcel in order to complete the full build out of the project. Klatt discussed the proposed Comprehensive Plan Amendment to change the future land use designation of Lot 1, Block 1 and Outlot B of Rich Valley Industrial Park from RC – Regional Commercial to GI –General Industrial. The Planning Commission had recommended denial of the proposed amendment at the January 24, 2017 Planning Commission meeting. Klatt provided an overview of the appeal of the decision made by the Board of Appeals and Adjustments (the Planning Commission) to deny a variance request to allow construction of a semi- trailer parking lot and other improvements on the site without meeting the 10% minimum building size of the subject property excluding protected wetlands. The applicant stated they are not proposing additional buildings with this application. The applicant is 50,000 feet short of meeting the City’s ordinance regulations. Staff is recommending the council uphold the Board of Appeals and Adjustments and staff recommendation based upon the listed findings. Staff is recommending that the Council modify one of the Board’s findings to better clarify the City’s position concerning reasonable use of the property. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 4, 2017 Lastly, Klatt discussed the appeal of a decision made by the Planning Commission to deny a site plan review request to allow the construction of a semi-trailer parking lot on Lot 1, Block 1 and Outlot B of Rich Valley Industrial Park. Klatt reviewed the aerial site from 2011 to show the changes. The biggest change is the additional gravel laid down. Staff stated that the additional gravel was expanded without proper permitting. City Attorney Mary Tietjen discussed councils’ options with respect to the comprehensive plan amendment application. Council can accept the Planning Commission’s recommendation and adopt the Resolution proposed by staff; or reject the Planning Commission’s recommendation of denial; state reasons on the record for the Council’s support of the application; and, direct staff to prepare a resolution approving the application. Staff would bring this Resolution back to the Council for final action at the next meeting. Staff discussed variances are only permitted if they are consistent with the Comprehensive Plan and it is not possible to grant a variance with a time limit. Parking as an interim use is not supported by the Comprehensive Plan and is inconsistent with the City’s goal for redevelopment of the site to a commercial use. Tietjen addressed concerns from the applicant’s lawyer regarding the application process. She indicated staff had recommended applying for a Comprehensive Plan Amendment so the applicant would be able to be in compliance with the Comp Plan which is a requirement for granting a variance. Tietjen referred to her notes within her prepared memorandum prepared for the City Council re: Wayne Transports, Inc. Land Use Applications Applicant‘s lawyer , Joseph Lawder, Lindquist and Vennum, provided background about the site, noting that in 2012, the Property was acquired by Applicant, Wayne Transport, from Solberg. Applicant has expanded its truck terminal operations on the Property and leased part of the Property to other trucking related tenants. Applicant has a legal non-conforming right to continue to use the Property as it historically has been used for parking trucks and trailers on various parts of the Property. He mentioned the memorandum that is in the packet which addresses the applicant position on the request. He noted that staff has modified the findings for denial of the variance and indicated that the applicant proposal was a reasonable use for the property. He indicated that he does not believe a comprehensive plan amendment is necessary as the City has 6 months after adoption of the Comprehensive Plan to bring official controls into compliance with the approved Plan. Since the City did not take action on the zoning for the property, the City must have concluded that the current zoning is consistent with the Comprehensive Plan. Mr. Lawder discussed Dakota County’s need to acquire a large portion of the applicant’s property for the TH42/TH52 interchange. Mr. Lawder stated Dakota County has represented that it is still willing to negotiate acquiring the Original Taking Area or the entire Property because of the public ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 4, 2017 need and future expansion of the intersection. Lindquist clarified in discussions with the Dakota County, the County has obtained what they need for the interim interchange project. Mr. Lawder further discussed their reasoning on their request for change. Mr. Lawder suggests these changes to the site will promote public safety, bring jobs, and tax base to the City of Rosemount. With new parking lots, applicant believes they can hire another 100 employees. Also he suggests it will provide future development of County Road 42 and Highway 52 development. He believes the proposed plan accomplishes most of the city ordinances, except for the 10% building usage. Finally it gives the opportunity for applicant to grow and provide more jobs and growth in the future. Tietjen responded to applicant’s attorney when questioned why the site has not been rezoned. She noted that now that there is an application before the City, the application has triggered the discussion about what is the appropriate use for the site. She noted that the city staff has initiated a modification to the adopted official map and rezoning to commercial which will be before the Planning Commission later this month. Staff believes the lack of a building on the site, and the type of development is not consistent with the vision for the property as laid out by the Comprehensive Plan. The site plan needs to be considered as a whole as it covers two parcels of land and what they would like to do with the entire lot. Lindquist reiterated if the Council would reguide the property, the site plan has several issues with the main issue being the development does not meet the 10% building standard. Mayor Droste opened the public hearing at 8:58 pm. Staff discussed that if the city gives them a pass regarding the 10% ordinance, staff will receive more requests. Council and staff discussed the ordinance requirement for the 10% building standard in the General Industrial zoning district. It was requested that information be provided in the future relating to this standard. The Mayor indicated that he agrees with zoning the property to regional commercial. Lindquist explained the Planning Commission would consider a zoning map amendment at its next meeting in April. Motion by Droste. Second by Nelson. Motion to close the public hearing. Ayes: Nelson, Droste, Weisensel, Freske, DeBettignies Nays: 0. Motion carried. Motion by Weisensel. Second by Freske. Motion to adopt a resolution denying a Comprehensive Plan Amendment to change the future land use designation of Lot 1, Block 1 and Outlot B of Rich Valley Industrial Park from RC – Regional Commercial to GI – General Industrial. Ayes: Droste, Weisensel, Freske, DeBettignies, Nelson ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 4, 2017 Nays: 0. Motion carried. Motion by Weisensel. Second by DeBettignies. Motion to adopt a resolution upholding the decision of the Board of Appeals and Adjustments denying a variance. Ayes: Weisensel, Freske, DeBettignies, Nelson, Droste Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 4, 2017 Motion by Weisensel. Second by Nelson. Motion to adopt a resolution upholding the decision of the Planning Commission denying a site plan review. Ayes: Freske, DeBettignies, Nelson, Droste, Weisensel, Nays: 0. Motion carried. OLD BUSINESS NEW BUSINESS ANNOUNCEMENTS Mayor Droste reviewed the calendar of events. The next City Council work session will be held on Monday, April 10, 2017, at 6:30 p.m. The next City Council meeting will be held on Tuesday, April 18, 2017, at 7:00 p.m. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by DeBettignies, the meeting was adjourned at 9:22 p.m. Respectfully Submitted, Erin Fasbender Recording Secretary