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HomeMy WebLinkAbout2010/04/20 CCM - RM1 1 1 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, April 20, 2010 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145t Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe- Corrigan, Weisensel and Bills attending. Staff present included Assistant City Administrator Foster, City Administrator Johnson, Community Development Director Lindquist, Director of Public Works, City Engineer Brotzler, Director of Parks and Recreation Schultz and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson distributed correspondence related to item 9.a. Request to Add Churches and Place of Worship as a Conditional Use within the RR: Rural Residential Zoning District, Case 10- 07 -TA. Motion by Droste. Second by DeBettignies. Motion to Adopt the Agenda as it stands. Ayes: 5 Nays: 0 Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 20, 2010 PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGEMENTS 3.a. Volunteer Recognition Mayor Droste presented commendations to all the honorees listed in the staff report. CONSENT AGENDA Motion by Shoe Corrigan. Second by Bills. Motion to Adopt the Consent Agenda. a. Minutes of the April 6, 2010 City Council Regular Meeting Proceedings b. Bills Listing c. Receive Donation Parks Recreation Dept. d. Expenditure Approval from the Donation Account Parks Recreation Dept. e. Change Order #1 Quiet Zone Improvements, City Project #418 f. LCCMR Application (Resolution 2010 -29) g. Request by Total Construction Equipment, Inc. for the Mineral Extraction Permit Renewal through 2010 at the Thomas Furlong Gravel Mine, Case 10 -08 -ME h. Approve Work Plan i. Former St. Joseph's Improvements Project Change Orders for Carpet Replacement and Stage Material Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills Nays: None. Motion carried. 1 1 1 Mayor Droste invited the applicants to the podium. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 20, 2010 NEW BUSINESS 9.a. Request to Add Churches and Place of Worship as a Conditional Use within the RR: Rural Residential Zoning District, Case 10 -07 -TA Community Development Director Lindquist summarized the information provided in the staff report. The Text Amendment was prompted by Cedarwood Church who has a purchase agreement with Lenny's Landscaping for property located at the southeast corner of Biscayne Avenue and South Robert Trail. Ms. Lindquist added that this is a policy decision. The City Council may choose to deny or consider additional conditions to add to the text amendment. Council Member Weisensel questioned the setback requirements for the transitional areas. He was concerned about the adjacent property owners. Ms. Lindquist referred to the standards listed within the draft zoning ordinance. Mayor Droste requested that staff explain why churches are sometimes built in residential areas. Ms. Lindquist explained that Rosemount has a public and institutional zoning district that allows for churches. She explained the different standards associated with the uses and determining where the use is best fit. City Attorney LeFevere added that very often churches and schools are conditional uses commonly located in residentially zoned areas. Mike Berg, Pastor of Cedarwood Church, stated church staff spent 10 years looking for a place to locate the church. He provided background on working with the City of Rosemount staff and Planning Commission. Mr. Berg explained that the church sent letters to the surrounding neighbors and in response received one phone call in favor and another call regarding the project. On May 2 an open house was held and neighbors were invited to attend an open house. Their intent is to upgrade the neighborhood with a nice structure. Mr. Berg asked the City Council to consider the use of a white cedar log structure versus a masonry structure. He added that the biggest footprint that may be used is 5,200 square feet. Council Member DeBettignies questioned the white cedar log materials. Mr. Berg did not have a picture of the materials but stated he did not want the project turned down because of the building materials request. Matthew McDonald, 3285 145 St. W., Rosemount, expressed concern with the proximity of the church to his parent's home. He expressed concerns about parking and more churches locating in Rosemount. He also expressed concern about noticing residents of the project. Jeff Paulus, 12550 Biscayne Avenue, Rosemount, opposed the addition of the church to the area. He was concerned about the extension of sewer to the area. Diane Denbeck, 12525 Biscayne Avenue, Rosemount, stated that just because one property owner wants to make a change does not mean that all property owners want the change. She asked the City Council to deny the change to the ordinance. Joe Neisius, 12525 Biscayne Avenue, stated the church did not fit the area. He added that the church only has two Rosemount residents attending. 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 20, 2010 Ms. Lindquist explained the process for reviewing and approving conditional use permits. She added that notice would bebe sent to property owners within 350 feet of the project and signs about the hearing posted. Ms. Lindquist further explained that a text amendment does not require notice to individual residents as it affects a whole zoning district and is not site specific. A notice about the text amendment was published in the paper and because of the neighborhood interest signs were placed at the property. She added that the action tonight is for the text amendment only. The applicant would need to apply for a conditional use permit if the text amendment is approved. Council Member Shoe Corrigan questioned the impact to the sewer system. Ms. Lindquist pointed out where the MUSA boundary was located explaining that the boundary changes require formal action. There was no intention to bring the sewer and water to the church or anyone in that immediate area. Council Member Bills questioned if the service could go north of the MUSA line. Ms. Lindquist replied that a petition would be necessary along with City Council approval. Director of Public Works /City Engineer Brotzler provided background on the 2004 North Central Sewer Study and the current comprehensive plan amendments. He explained that the extension would be dependent upon resident request or a health and safety issue. The City contemplates an extension in the future but at this time there were not deficiencies in the system. Mayor Droste explained that the City Council does not dictate the number of residents or parishioners attending the church. Ms. Lindquist added that the occupancy standards will be based upon the square footage of the building. Council Member Bills was concerned about the noise from the church bells and outdoor services and asked if there currently were standards. Ms. Lindquist stated that the City has a noise ordinance; however that would not address the type of issues raised. If the Council had concerns they should be addressed during the conditional use permitting process. Pastor Berg explained that the church would not be 5,400 square feet unless it meets the conditional use. He added that currently there were only 50 members so the full septic system was not being used. Diane Denbeck, 12525 Biscayne Avenue, Rosemount, questioned if the process was really a democracy. Mayor Droste explained the process for public hearings and provided history on previous public hearings. Mr. LeFevere added that it's not a town hall democracy instead its elected officials making legislative decisions. Discussion was held regarding the requested building materials. Ms. Lindquist explained it was very difficult to negotiate the aesthetics and wanted to be clear on the expectations. Mr. LeFevere added that the request was to open up the way for wood structures. Wood was not a permitted use because of the maintenance problems. He added that over time brick will continue to look good whereas wood would deteriorate if not maintained. Council Member Shoe Corrigan stated she would support the text amendment. She stated that churches are good neighbors and hoped the applicants would be sensitive and considerate to the surrounding neighbors. 1 1 1 Council Member DeBettignies supported the project but not the materials proposed by the applicant. He asked that the applicants address the resident's concerns. Motion by DeBettignies. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste, Weisensel, Bills, DeBettignies Nays: None. Motion carried. (Ordinance B -205) ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 20, 2010 Motion to approve an Ordinance to add Churches as a Conditional Use within the RR: Dural Residential Zoning District. Council Member Bills supported the addition of the church to the area stating it would be a positive improvement. Council Member Weisensel and Mayor Droste concurred. 9.b. Request by 146 Street Partners, LLC for a Minor PUD Amendment for Projecting Signs at Waterford Commons, Case 10- 11 -AMD Community Development Director Lindquist summarized the information provided within the staff report. 146 Street Partners has requested a minor amendment to the planned unit development agreement to construct and install projecting signs for the building's commercial spaces. Discussion was held about the addition of illumination to the signs located under the canopies. Council Member DeBettignies questioned if the signs would be fixed or swinging. Wally Johnson of Stonebridge stated that all the signs would be anchored. The City Council supported the illumination of the signs. Motion by Shoe- Corrigan. Second by Weisensel. Motion to Adopt a Resolution Approving a Minor Amendment to Waterford Commons Planned Unit Development (PUD) Agreement Approving Projecting Signs for the Commercial Tenant Spaces including the fifth condition with illumination. Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan Nays: None. Motion carried. (Resolution 2010 -30) Motion by Shoe Corrigan. Second by Weisensel. Motion to Authorize the Mayor and City Clerk to execute an amendment to the Waterford Commons Planned Unit Development Agreement. Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. ANNOUNCEMENTS City Administrator Johnson stated that the Finance Department received word of a bond rating upgrade. He added that County wide Dial -A -Ride service will be provided for a fee. He stated that 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 20, 2010 more information would be available on the City's website. Mayor Droste reviewed the schedule of upcoming meetings. The next City Council meeting will be held on May 4, 2010. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by Bills, the meeting was adjourned at 9:21 p.m. Respectfully Submitted, Amy Domeier, City Clerk