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HomeMy WebLinkAbout20131001 CCM RM ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 1, 2013 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held th on Tuesday, October 1, 2013 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West, Rosemount. Mayor Droste called the meeting to order with Council Member Shoe-Corrigan, Weisensel and Demuth attending. Council Member DeBettignies was absent. Staff present included City Administrator Johnson, City Clerk Domeier, City Attorney Tietjen, Communications Coordinator Cox, Chief of Police Werner, Director of Parks and Recreation Schultz, Community Development Director Lindquist and Director of Public Works/City Engineer Brotzler. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated there were no proposed changes but noted that a resolution was added for item 7.b. Motion by Droste. Second by Shoe-Corrigan. Motion to Adopt the Agenda. Ayes: 4 Nays: 0. Absent: DeBettignies. Motion carried. PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS 3.a. Police Officer Oath of Office Mayor Droste administered the Oath of Office to Alexander Luck. 3.b. Presentation by Steven Chavez Due to the absence of Mr. Chavez the item was not discussed. CONSENT AGENDA Motion by Shoe-Corrigan. Second by Demuth. Motion to Approve the Consent Agenda. a.Minutes of the September 11, 2013 Work Session Proceedings b.Minutes of the September 17, 2013 Regular Meeting Proceedings c.Bills Listing d.Expenditure Approval from the Donation Account – Parks & Recreation Dept. e.Splash Pad – Scope of Services Agreement f.Receive Quotes – Soil Correction for Phase One of the Erickson Park Tennis Courts g.Service Agreement – Rosemount Area Arts Council (RAAC) h.Accepting the Donation of Outlots A, B, and C of Bella Vista fro Greenway, Park, and Shoreland Purposes (Resolution 2013-77) i.Request by SKB Environmental, Inc. to Extend the Expiration Date of their Interim Use Permit from October 7, 2013 to December 31, 2013, Case 8-18-IUP (Resolution 2013-78) ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 1, 2013 Ayes: Shoe-Corrigan, Droste, Weisensel, Demuth Nays: None. Absent: DeBettignies. Motion carried. PUBLIC HEARINGS 7.a. Approval of On-Sale Class A, Special Sunday Liquor License Application for Trifecta Hospitality, Inc. DBA Shenanigan’s Pub City Clerk Domeier provided a summary of the staff report. Dale Stapf, Brandon Barth and Justin Lecher of Trifecta Hospitality, LLC (Trifecta) have applied for a Class A On-Sale Liquor License and Special Liquor License for the Shenanigan’s Pub premise. Trifecta will be leasing the building and operating it as Shenanigan’s Pub per the conditions of a Buy Sell Agreement with the current owners. Trifecta will also be applying for the Optional 2 a.m. Liquor License with the Minnesota Department of Public Safety which is allowed by City Code. Council Member Shoe-Corrigan wished the new owners the best of luck. She thanked Trifecta for investing in the community. Mayor Droste opened the Public Hearing. Motion by Droste. Second by Shoe-Corrigan. Motion to Close the Public Hearing. Ayes: 4 Nays: 0. Absent: DeBettignies. Motion carried. Motion by Weisensel. Second by Shoe-Corrigan. Motion to Approve an On-Sale Class A including 2 a.m. closing and Special Sunday Liquor License for Trifecta Hospitality, Inc. DBA Shenanigan’s Pub for the premise located at 14605 South Robert Trail. Ayes: Droste, Weisensel, Demuth, Shoe-Corrigan. Nays: None. Absent: DeBettignies. Motion carried. 7.b. Vacation of the Chinchilla Avenue Right-of-Way South of the Cul-de-sac Community Development Director Lindquist provided a summary of the staff report. Currently, Mr. Jordan’s property is for sale and Mr. Tapper is considering the sale of his single parcel. To provide access to their properties, Mr. Jordan and Mr. Tapper are requesting the same vacation of the Chinchilla right-of-way as was requested and approved with the Tapper preliminary plat. Similar to the 2007 vacation, staff has provided a condition of approval that a joint access easement be acquired from the neighboring properties, Simonett to the northwest and Miller to the northeast, to ensure legal access to the properties. As part of the vacation process, adjoining property owners have been notified and had some discussions with staff. This is an issue which requires action by all neighbors in order for staff support of the request. The two properties to the north of the Jordan and Tapper property must agree to an easement in order to permit the vacation. The property owners are aware of the request. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 1, 2013 If no access agreement is signed, the resolution from the City will not be released. Should there be any concerns by either party about granting of the access easement, the item should be tabled until agreement can be reached. Council Member Shoe-Corrigan questioned the status of the Dunn property transfer. Ms. Lindquist stated the property has not been transferred. Council Member Weisensel questioned the Dunn property ownership after the transfer. John Tapper stated that the Dunn property was left out during the early platting of the property. The documents related to the property transferred have been drafted and will be signed. Discussion was held regarding the access issues and the previous platting of the property. Mayor Droste opened the Public Hearing. Martha Simonett stated she was still reviewing the agreement. She questioned if the City would be willing to allow the applicants to acquire the land so she wouldn’t be involved in the access agreement. She suggested that once the land is vacated it be conveyed to the property owners. City Attorney Tietjen explained the process for the right-of-way vacation and suggested that if additional discussion with the property owners needed to take place that the public hearing could be continued. Discussion was held about having a viable access agreement in place before approving the vacation. Ms. Simonett explained that she understood that once the vacation of the right-of-way was complete she would still own the underlying property. Steve Miller stated he wanted to request a continuance on the item due to his work schedule and receiving the document only a week ago. He wasn’t’ sure of the long term implications. Mr. Miller also did not want a long term commitment with the property owners. Ms. Lindquist stated that the public hearing could be closed and republished when the applicants are ready to proceed. Jim Jordan stated that the agreement has always been contingent upon the City Council outcome. Ms. Lindquist stated that staff was under the impression that everyone received the documents and were in agreement. She added that now staff understands that the parties want to explore other options for moving forward. Motion by Droste. Second by Demuth. Motion to Close the Public Hearing. Ayes: 4 Nays: 0. Absent: DeBettignies. Motion carried. Council Member Weisensel stated he would have objection to approving the easement at a future meeting. Council Member Shoe-Corrigan concurred. The parties were directed to contact staff when they are ready to move forward again. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 1, 2013 OLD BUSINESS 8.a. Zoning Ordinance Text Amendment for Alternative Energy Systems, Case 13-27-TA Community Development Director Lindquist provided a summary of the changes made to the proposed ordinance after City Council review on September 3, 2013. She provided additional information regarding solar standards in other communities, screening and setbacks. Council Member Demuth questioned the permit process for a resident to add solar panels to a roof. Ms. Lindquist explained the building permit process. Mayor Droste stated that he did not support the screening on the east side unless development was within a certain distance such as 500 feet. Ms. Lindquist explained the condition of the screening from public view. Discussion was held regarding the screening requirements. Council Member Weisensel requested that staff research the requirements for the Wright-Hennepin Cooperative. City Council requested more clarity on the screening requirements to ensure the ordinance did not create abnormal hurdles in the rural areas. NEW BUSINESS 9.a. Authorize Development of Well 16, City Project 416 Director of Public Works/City Engineer Brotzler provided a summary of the staff report. He recommended Council authorize the development of Well 16, City Project 416. With the increase in development over the past several years, the planning and development of Well 16 is necessary to support continued development. Mayor Droste requested additional data on the storage based on peak usages. Mr. Brotzler explained that staff plans for the pumping capacity to meet the average day peak demands. Council Member DeMuth questioned the plan if the results show an elevated level of radium. Mr. Brotzler replied that it has not been an issue for the city but if radium contamination was found at the site of the new well, then further City Council discussion would be needed. Motion by Weisensel. Second by Shoe-Corrigan. Motion to authorize the development of Well 16, City Project 416. Ayes: Weisensel, Demuth, Shoe-Corrigan, Droste Nays: None. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed the calendar of events including the following: 1) Groundbreaking Ceremony at the Fairview Clinic on Friday, October 4 beginning at 3 p.m.; 2) the fall Clean-up Day at the Public Works Facilities on Brazil Avenue from 8 a.m. to 12 p.m. on Saturday, October 5; and 3) Rosemount Seniors Open House from 1:00-3:00 p.m. at the Community Center and the 3:30 - 7:30 p.m. Open House at Dakota Aggregates on October 10; and 4)Open House at Fire Station No. 1 on Shannon Parkway from 11 a.m. to 2 p.m. on Sunday, October 13. The next City Council meeting will be held on Tuesday, October 15 at 7:30 p.m. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 1, 2013 ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by Demuth, the meeting was unanimously adjourned at 9:12 p.m. Respectfully Submitted, Amy Domeier, City Clerk