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HomeMy WebLinkAbout6.a. Minutes of the November 18th, 2014 Regular Meeting ProceedingsROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 18TH , 2014 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, November 18th , 2014 at 7:01 p.m. in the Council Chambers at City Hall, 2875 145 th Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe -Corrigan, and Demuth attending. Council Member Weisensel was absent. Staff present inclu ded City Administrator Johnson , City Attorney Mary Tietjen , Community Development Dire ctor Lindquist , City Planner Zweber, Public Work s Director Brotzler , Assistant Engineer Phil Olson , Parks & Recreation Director Schultz, Finance Director May, Chief of Police Scott, and City Clerk Hadler. Th e Pledge of Allegiance was said . An audience of approximately 25 was in attendance. ADDITIONS OR CORRECT IONS TO AGENDA City Administrator Johnson stated there was a change to item 6.h., wi th regard to the tort liability insurance, changing th e liability limit to $2,000,000 instead of $1,500,000 . Motion by Droste. Second by Shoe -Corrigan. Motion to Adopt the Agenda. Ayes: DeBettignies, Shoe -Corrigan, Droste, Demuth Nays: 0. Motion carried. PRESENTATIONS 3.a. Ac knowledgement of Award of Certificate of Achievement for Excellence in Financial Reporting Finance Director May summarize d the staff report outlining the Certificate of Achievement for Excellence in Financial Reporting, which the city has been awarded for 18 consecutive years. Mr. May acknowledged the finance department and other city staff for their efforts. Mayor Droste acknowledge Mr. May’s for his work and the number of years the city has been awarded this certificate. PUBLIC COMMENT None. CONSENT AGENDA Motion by DeBettignies . Second by Demuth . Motion to Approve the Consent Agenda. a. Minutes of the October 21st, 2014 Regular Meeting Proceedings b. Minutes of the November 3rd, 2014 Regular Meeting Proceedings c. Minutes of the November 10th, 2014 Special Meeting Proceedings d. Minutes of the November 10th, 2014 Speci al Work Session Proceedings e. Bills Listing f. Receive Donation - Fire Department (CF Industries) 6.a. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 18TH , 2014 g. Receive Donation - Fire Department (Sema Equipment) h. Accept Tort Liability Insurance Limits i. 10 -Year Capital Improvement Plan (CIP) Working Program j. 2015 Waste Abatem ent Community Funding Application and Joint Powers Agreement k. Rosemount Lions Club - Renewal of an Interim Use Permit (IUP) Allowing a Seasonal Christmas Tree Sales Lot in the Parking Lot of the Rosemount Market Square Shopping Center l. Comprehensive Plan Ame ndment to Change the Land Use Designations for 15280 and 15400 South Robert Trail from CC - Community Commercial to RC - Regional Commercial m. Request by Caribou Coffee for a Major Amendment to the KTJ Limited Partnership Thirty -Nine Planned Unit Development Allowing Caribou Coffee to Install a Drive - Through Window and Drive Lane n. Request by Hardrives for an Interim Use Permit to Operate a Seasonal Asphalt Plant o. Authorize Execution of Quit Claim Deed for Fischer Avenue Right of Way to Dakota County p. Minnesota Department of Health's Public Health Assessment of the Former Gopher Ordinance Works q. Request by Dakota Aggregates to Renew their Large Scale Mineral Extraction Permit through 2015 and to Renew their Aggregate Processing Interim use Permit through 2019 Ay es: DeBettignies, Shoe -Corrigan, Droste, Demuth Nays: None. Motion carried. 6.i. 10 -Year Capital Improvement Plan (CIP) Working Program Mayor Droste commented on the Capital Improvement Plan and futu re road improvements to gravel and rural roads. Mot ion by Droste . Second by DeBettignies . Motion to approve the 10 -Year CIP Working Program for the City of Rosemount for the years 2015 through 2024. Ayes: Shoe -Corrigan, Droste, Demuth, DeBettignies Nays: None. Motion carried. NEW BUSINESS 9.a. Request by Friedges Excavating for a Preliminary Plat, Planned Unit Development Master Development Plan with Rezoning and Final Plat to Develop a 14 Lot Subdivision named Wilde Lake Estates Mayor Droste explained the process for this discussion, planning to open discussion to Council, the applicant and then the public with a limit of 30 minutes. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 18TH , 2014 Community Development Director Lindquist summarized the item and gave a background on the project. The Planning Commission reviewed the plan for the first time in July, but the project was held up by easements needed by the applicant. Due to statutory timelines, the Council is required by law to act on the item by November 21 st . Ms. Lindquist recognized that densi ty was a point of contention for some of the residents, as well as other issues such as the potential paving of Dodd Road, and the potential increase in traffic on Dodd Road. Ms. Lindquist addressed other concerns such as the length of the cul -de -sa c, density, and the regional trail. City Attorney Tietjen reviewed a letter that was submitted by an attorney representing some residents of the adjacent neighborhood . She stated that in her opinion the points raised are not sufficient to stop the project. Council member Demuth addressed p oint number two in the letter ; that “the City should decline to amend Ordinance B specifically for the benefit of one single project as that is improper targeting of an ordinance amendment to one project contrary to Minnesota law . Ms. Tietjen stated that the point is referring to “spot zoning”, which is not the case on this project. Dakota County Planner John Mertens summarized for the Council the Regional Trail plan ; the Dakota Co unty Greenway System . Mr. Mertens gave a background on the planning proc ess and the various parties involved in that process. Mr. Mertens explained that the trail will be some time until completion . Mayor Droste stated the best time to secure property for corridors is while the city of developing and land becomes available. Mayor Droste opened up the questions to Council. Council member Demuth asked staff to clarify one point on the location on the corner, the Groffs’ home , and also regarding a berm and landscaping. Community Development Director stated that the directi on of the road is difficult to change due to issues with grading. Mayor Droste opened the floor to the public at 7:53 and said he would leave it open to 8:30. George Maverick, on Dodd Blvd., addressed the council regarding the land that will be set a side for the trail, as well as the justifications for the PUD. Gerald and Carol Groff , at 12365 Dodd Blvd., stated they are concerned with the direction of the road due to the headlights being directed at their porch. Norm Helliplant , one of the owner s of the 50 acres of land being sold for development, gave some background about his family trying to sell the property. He s tated he feels like what the developer and the City are doing is the right thing and that the community should work together. Paul S capari , 127 0 0 Dodd Blvd, has question regarding how much space is needed for the bike trail and asked whether the bike trails are maintained year -round. He also asked whether Council can amend any motion s before them tonight. Mayor replied yes. Mr. Scapari asked t hat the Council amend the PUD to require 2.5 acre lots. Deb ra and Mathew Hellwege, 12540 Dodd Blvd., are concerned about rezoning and how that might impact the rest o f the homeowners in the area. Mr. Hellwege is concerned about the bike path and potential privacy issues in the future. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 18TH , 2014 Troy Frei dges, the realtor on the project stated the developer did try to work with the Groff s. He understands why people are upset, but the sellers have the right to sell this property for the best price, which is to a developer. Mr. Fr e idges stated that moving the road wasn’t an option due to the wetlands and instead offered financial incentives and reconstruction of the Groffs’ property. Kurt Hanson, 121 0 1 Dodd Blvd., stated it appears to him there are some legal issues that are not cleared up. Mr. Hanson asked that the Council table the issue until the legal issues are cleared up. He doesn’t agree with the use of the PUD to change the rules. Katherine Gayl, 2980 120 th Street West, is concerned that future sale of properties will split the rural lots into more dense developments and this would change the character of the neighborhood . Grayme Bartuli, 12685 Dodd Court , is not in favor of using the PUD in this case. Mayor Droste asked Dakota County Planner John Mertens to address some questions including the value of the 4 ½ acres. Mr. Mertens stated that the land will allow for an underpass under McAndrews Road . Th e bike trails are generally maint ain ed year -round, but it may depend on usage. The width of the trails varies ; it could be as narrow as 15 feet or it could be wider. Mr. Mertens stated they would keep trees if possible, depending on the placement. Regar ding shrubs, they would work with homeowners to ensure the screening they have is satisf actory. The right of way is 100 feet. Feasibility studies take about 6 – 9 months and would be needed to determine some of the requirements for the project. Counci l member DeBettignies asked whether a resident can decline access to their property. Mr. Mertens replied that they can. The placement of the underpass is determined to some degree by the location of the pipeline in that area. Council member DeBettignies asked who foots the bill for the trail. Mr. Mertens replied that t he c ounty assumes the long -term ownership and maintenance, but looks for grant funding for the construction of the trail. Council member Shoe -Corrigan inquired whether t he County would lo ok to con s truct within the current right -of -way. Mr. Mertens replied that they would. Patricia W alter , 12101 D odd B lvd., asked if the County has considered utilizing Dodd Blvd. as the trail. Mr. Mertens replied that the use of the road would not fit th e master plan for the Gr eenway. Mrs. Walt er pointed to an eminent domain case in Spring Lake Park where the County forced the sale of property for the purpose of constructing a trail. David Eckel, 12050 Dodd Blvd., stated he has grave concer ns about th e bike path due to existing mature pines. He speculates that the bike path would come through his property. He is also concerned that Dodd Road would be paved he would receiv e a large assessment. Mr. Eckel questioned whether he would be allowed th e same PUD densities as the proposed development. Mr. Zweber replied that PUDs are dependent on the public good an d comprehensive plan. Mr. Eckel also asked how much of his front they would need for the bike path. Jeff Loford, 12707 Chinchilla Avenue, state d that 20% decrease in lot size is not insignificant. He stated that the City is w orking against the neighborhood. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 18TH , 2014 Council member Shoe -Corrigan asked staff to clarify how paving would be paid for. Community Development Director Lindquist stated it is usually done by assessment. Shoe -Corrigan asked whether Dodd Blvd. paving is currently i n the Capital Improvement Plan . Staff responded it is not in the CIP for the next 10 years. Mayor Droste stated there was a petition in 1991 to pave Dodd. Kurt Hanson replied to Mayor’s statement that the request was actually from the developer at the time. He doesn’t recall any of the neighbors to the north of McAndrews wanting it paved. Ted Hammond , 12375 Dodd Blvd., lived there in 1991 a nd restated Mr. Hanson’s point that it was the developer, Ros emount Hills by Dunne Brothers, who wanted it paved. Council member Shoe -Corrigan asked about the wetlands being a condition for a PUD? PUD may be utilized in sensitive areas. Shoe -Corrigan a sked Community Development Director Lindquist to clarify why these areas are put in conservation easements for preservation. Ms. Lindquist replied it was to protect the wetlands from private use . Mayor Droste asked Ms. Lindquist to explain the use of PUD with regard to the wetlands. Ms. Lindquist replied that the PUD makes it possible to work around the various unique property characteristics, such as topography and wetlands. Council member Shoe -Corrigan asked about whether the other very large lots wo uld have the same ability to develop. Lindquist stated that they would be examined on an individual basis, but they would have the same property rights as everyone else. Matt Hellwege , 12540 Dodd Blvd., asked about bringin g down the speed limit on McAnd rews Road . Engineer Phil Olson responded that the County is looking at some changes to McAndrews to improve safety, including a safety study and changing some signage. Council member Shoe - Corrigan stat ed that the City also recognizes t hese safety concern s and they are trying to work with the County to move these improvements forward. Kurt Hanson, 121 0 1 Dodd Blvd., thanked council for letting the community speak. Mr. Hanson stated there was an individual killed on that intersection. He reiterated the d evelopment could still take place without the PUD and the trail could take place anyway. Council member Demuth asked Attorney Tietjen if the item is able to be tabled. Ms. Tietjen replied that unless there was a mutual agreement with the applicant, Counc il must take action. Michael Clemens, lives south of Cub Foods, stated t hat tax revenue gained by the high end homes in this development would be a benefit for the City. The rest of the Rosemount community will benefit, despite the complaints from the project neighbors. David Senechal, 12125 Dodd Blvd., stated that the PUD has to be contiguous property according to city code . Mr. Senechal is concerned that the size of the lots are too small. He is also concerned about joint and severable liability of trail going along property. Mr. Zweber respond ed to the issue of contiguous property. He stated the section of the code quoted by Mr. Senechal was “non - conforming lots of record”, not the PUD code (11 -10 -6). Regarding liability issues, City Attorney Tietjen stated that it was difficult to speculate on hypotheticals. Cities and counties are exposed to ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 18TH , 2014 all sorts of liabilities w ith sidewalks and streets, and much of the responsibility will be on the county to maintain the trail. Mayor Droste stated again that if Council does not approve, they must have a r eason to put on the record, because it is a land use issue. City Attorne y Tietjen concurred. Lindquist stated the conversation in the hallway was regarding the G roffs ’ concern about movement of the road and that the developer’s realtor, Troy Freidges, is amenable to this change. A condition could be added to the prelimina ry and final plats to accomplish this , shifting the public road south to remove the headlight issue to the Groff property . The condition would state “the applicant shift the public road south to reduce the impact on the property at 12365 Dodd Blvd. by ins talling storm sewer within the road and steepen lot grades approved by the City Engineer but maintaining 14 buildable house sites.” This amendment could be added to the motions for the approval of the preliminary plat (new item J) and the final plat (new item H). Council member Shoe -Corrigan asked City Attorney Tietjen to respond to an email question about the passing of a Preliminary and Final plat at the same time. Ms. Tietjen stated that state statute expressly allows for consolidation of the proces s. Council members thanked the citizens who attended and gave feedback in the process. Motion by DeBettignies. Second by Shoe -Corrigan . Motion to adopt a resolution approving the Prelimin ary Plat for Wilde Lake Estates with an amendment to the resol ution Item J regarding the entrance with storm water and grading additions. Ayes: Droste, DeBettignies, Shoe -Corrigan Nays: Demuth. Motion carried. Motion by DeBettignies. Second by Shoe -Corrigan. Motion to adopt a resolution approving the Planned Unit Development Master Development Plan with Rezoning for Wilde Lake Estates. Ayes: DeBettignies, Shoe -Corrigan, Droste Nays: Demuth. Motion carried. Motion by DeBettignies. Second by Shoe -Corrigan. Mo tion to adopt an Ordinance amending Ordinance B City of Rosemount Zoning Ordinance for Wilde Lake Estates. Ayes: DeBet tignies, Shoe -Corrigan, Droste Nays: Demuth. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 18TH , 2014 Motion by DeBettignies. Second by Shoe -Corrigan. Motion to adopt a r esolution approving the Fi nal Plat for Wilde Lake Estates with an amendment to the resolution Item H. Ayes: Shoe -Corrigan, Droste, DeBettignies Nays: Demuth. Motion carried. Motion by DeBettignies. Second by Shoe -Corrigan. Motion to approve the Wilde Lake Estates Planned Unit Development Agreement and authorizing the Mayor and City Clerk to enter into these agreements. Ayes: Droste, DeBettignies, Shoe -Corrigan Nays: Demuth. Motion carried. Motion by DeBettignies. Second by D emuth. Motion to approve the Minnesota Wetland Conservation Act Notice of Decision for Wilde Lake Estates. Ayes: Demuth , DeBettignies, Shoe -Corrigan , Droste Nays: 0 . Motion carried. Motion by DeBettignies. Second by Shoe -Corrigan. Motion to approve the Subdivision Development Agreement for Wilde Lake Estates and authorizing the Mayor and City Clerk to enter into this agreement. Ayes: DeBet tignies, Shoe -Corrigan, Droste Nays: Demuth. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed the calendar of events. The next City Council and Port Authority meeting s will be held on Tuesday, December 2 nd , 2014 , with Port Authority at 6:00 p.m. and Council at 7:00 p.m. ADJOURNMENT There being no further business to come before the City C ouncil and upon a motion by Droste , second by DeBettignies , the meeting was adjourned at 9:51 p.m. Respectfully Submitted, Clarissa Hadler , City Clerk