HomeMy WebLinkAbout20141118 CCM RM
6.a.
ROSEMOUNT 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
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on Tuesday, November 18th, 2014 at 7:01 p.m. in the Council Chambers at City Hall, 2875 145
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 included City
Administrator Johnson, City Attorney Mary Tietjen, Community Development Director Lindquist,
City Planner Zweber, Public Works Director Brotzler, Assistant Engineer Phil Olson, Parks &
Recreation Director Schultz, Finance Director May, Chief of Police Scott, and City Clerk Hadler.
The Pledge of Allegiance was said. An audience of approximately 25 was in attendance.
ADDITIONS OR CORRECTIONS TO AGENDA
City Administrator Johnson stated there was a change to item 6.h., with regard to the tort liability
insurance, changing the 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. Acknowledgement of Award of Certificate of Achievement for Excellence in
Financial Reporting
Finance Director May summarized 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 Special Work Session Proceedings
e.Bills Listing
f.Receive Donation - Fire Department (CF Industries)
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 Abatement 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 Amendment 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
Ayes: 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 future road improvements to
gravel and rural roads.
Motion 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
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law to act on the item by November 21. Ms. Lindquist recognized that density 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-sac, 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 point 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 County Greenway System. Mr. Mertens gave a background on the planning process 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 direction 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 aside 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 owners of the 50 acres of land being sold for development, gave some
background about his family trying to sell the property. He stated he feels like what the developer
and the City are doing is the right thing and that the community should work together.
Paul Scapari, 12700 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 motions before them tonight. Mayor replied yes. Mr. Scapari asked that the Council
amend the PUD to require 2.5 acre lots.
Debra and Mathew Hellwege, 12540 Dodd Blvd., are concerned about rezoning and how that might
impact the rest of 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 Freidges, the realtor on the project stated the developer did try to work with the Groffs. 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. Freidges 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, 12101 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.
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Katherine Gayl, 2980 120 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. The bike trails are generally maintained 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. Regarding shrubs, they would
work with homeowners to ensure the screening they have is satisfactory. 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. Council 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 the county assumes the
long-term ownership and maintenance, but looks for grant funding for the construction of the trail.
Council member Shoe-Corrigan inquired whether the County would look to construct within the
current right-of-way. Mr. Mertens replied that they would.
Patricia Walter, 12101 Dodd Blvd., asked if the County has considered utilizing Dodd Blvd. as the
trail. Mr. Mertens replied that the use of the road would not fit the master plan for the Greenway.
Mrs. Walter 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 concerns about the 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 receive a large assessment. Mr. Eckel
questioned whether he would be allowed the same PUD densities as the proposed development.
Mr. Zweber replied that PUDs are dependent on the public good and comprehensive plan. Mr.
Eckel also asked how much of his front they would need for the bike path.
Jeff Loford, 12707 Chinchilla Avenue, stated that 20% decrease in lot size is not insignificant. He
stated that the City is working 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 in 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 and restated Mr. Hanson’s point that it was the developer, Rosemount 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 asked 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 would 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 bringing down the speed limit on McAndrews 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 stated that the City also recognizes these safety concerns and they are trying to work with
the County to move these improvements forward.
Kurt Hanson, 12101 Dodd Blvd., thanked council for letting the community speak. Mr. Hanson
stated there was an individual killed on that intersection. He reiterated the development 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, Council must take action.
Michael Clemens, lives south of Cub Foods, stated that 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 responded 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 with 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 reason to put on the
record, because it is a land use issue. City Attorney Tietjen concurred.
Lindquist stated the conversation in the hallway was regarding the Groffs’ 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 preliminary 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 installing 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 process.
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 Preliminary Plat for Wilde Lake Estates with an
amendment to the resolution 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.
Motion to adopt an Ordinance amending Ordinance B City of Rosemount Zoning
Ordinance for Wilde Lake Estates.
Ayes: DeBettignies, 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 resolution approving the Final 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 Demuth.
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: DeBettignies, Shoe-Corrigan, Droste
Nays: Demuth. Motion carried.
ANNOUNCEMENTS
Mayor Droste reviewed the calendar of events. The next City Council and Port Authority meetings
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will be held on Tuesday, December 2, 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 Council and upon a motion by Droste,
second by DeBettignies, the meeting was adjourned at 9:51 p.m.
Respectfully Submitted,
Clarissa Hadler, City Clerk