HomeMy WebLinkAbout6.a. Minutes of March 15, 2005 Regular City Council Meetinge
ROSEMOUNT CITY PROCEEDINGS
I I y m o6 A REGULAR MEETING
MARCH 15, 2005
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, March 15, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145` Street West.
Mayor Droste called the meeting to order with Council Members Shoe Corrigan, Baxter, Sterner
and DeBettignies attending. Staff members present were City Administrator Verbrugge, City
Attorney LeFevere, Parks Recreation Director Schultz, Community Development Director
Lindquist, City Engineer Brotzler, Communications Coordinator Cox, and Finance Director May.
Boy Scouts, Troop 207 presented the Colors and led the group in the Pledge of Allegiance.
City Administrator Verbrugge presented three additional items for the consent agenda and a map
for Item 8.a Ordinance Amendment of City Code 3 -1 -2, Liquor Regulations. The Consent items
were 1) Lebanon Hills Regional Park Stormwater, 2) Driveway Easement for Wiklund Property,
and 3) Community of Hope Lutheran Church Administrative Plat and Conditional Use Permit.
Mayor Droste moved to accept the agenda with additional Consent items 6.r., s. and t. and to add
the map for consideration on item 8.a. Second by Shoe-Corrigan. Ayes: Five. Nays: None. The
agenda was adopted.
Eagle Scout Awards
Mayor Droste commended Mark Croke and Chase Raberge for receiving the highest award
achievable from the Boy Scouts of America program, the Eagle Award. They have displayed
outstanding qualities that benefit Rosemount's residents and reach beyond our community.
Mark Croke gave an overview of his Eagle Scout project, which was to clean ten miles of the
Zumbro River. Mark worked with ten boy scouts and ten adults with six canoes and a flat boat on
October 16, 2005. They were able to recover 500 to 800 pounds of debris including six tires
from the river. Mark said it was cold, but no one got wet and the trip was successful. Mark's
Scoutmaster was Bill Kilzer, Troop 207 and Tom Hannash was the Scout Committee Chair.
Marks parents are Patrick and Louise Croke.
Scoutmaster Tim Bishop introduced Chase Raberge from Troop 270. Chase's protect was to
refurbish the headquarters of the Turn in Poachers Organization, 2995 Sibley Memorial
Highway, Eagan He led a team of twenty people on two weekends cleaning and trimming
landscaping Chase is a senior at Rosemount High School His parents are Todd and Kim
Raberge,
Mayor Droste presented Certificates of Acknowledgements to Mark Croke and Chase Raberge
Mayor Droste and Council Members applauded the Eagle Scouts and their initiative to better
their world. Mayor Droste also thanked the boy scout families who supported them and set good
examples
Spirit of Rosemount Awards
Police Chief Kalstabakken reported an incident when a life was saved by strangers giving aid.
Lyndon Cowell had traveled 60 miles to see his grandson in a swim meet at Rosemount Middle
School As he watched he experienced chest pains and quickly became unconscious. Three
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women came to his side and began CPR procedures. His grandson, Joshua Beasley, knew where
the automatic external defibrillator (AED) was at the school. Josh ran to get the AED and
brought it back to his grandfather's side. Barbara VailOdash, Mary Lalla and Diane Shoemaker
were successful in reviving Lyndon Cowell. Joshua also convinced his reluctant grandfather to
enter the ambulance.
Mr. Cowell's family expressed great thanks for the willingness of the women to give aid and the
forethought of the school district to have an AED available.
Mayor Droste presented the Spirit of Rosemount certificates to Barbara VailOdash, Mary Lalla,
Diane Shoemaker, and Joshua Beasley for their heroic and life- saving actions.
Consent Agenda
Council Member Sterner requested Consent items 6.m, and 6.n. be pulled for discussion. Mayor
Droste requested that item 6.r. be pulled for discussion.
MOTION by DeBettignies to approve the Consent Agenda with the addition of item r., s. and t.
and the removal of m., n. and r. for discussion Second by Shoe-Corrigan. Ayes- Baxter,
DeBettignies, Shoe Corrigan, Droste, Sterner. Nays: None. Motion carried.
a. Minutes of March 1, 2005 Regular City Council Meeting
b. Minutes of March 3, 2005 Special Meeting, Commissioner Interviews
C. Bills Listing
d. Receive Donation for Parks Recreation Department
e. Expenditure Approval from the Donation Account for Parks Recreation Department
f. Encumbrance of 2004 Budget Items Forward to 2005
g. Fund Balance Transfer /Encumbrance
h. Medical Leave for a Firefighter
i. Dakota County Drug Task Force Joint Powers Agreement
I. Payment #6 Final for Keegan Lake Outlet, City Project 343A
k. Payment #8 Final for Evermoor Clare Downs and Crosscroft Street Utility
Improvements, City Projects 358 and 359
1. Receive Bids /Award Contract for Well No 14, City Project 382
o. Set Special Meetings for Fire Station #2
P. Set Public Hearing Date for the Issuance of Bonds for Fire Station #2
q. Kathy Trimble Custom Homes, Inc. PUD Master Development Plan and Final Site and
Building Plan and Preliminary Plat
S. Add -On Driveway Easement for Wiklund Property
t. Add -On Community of Hope Lutheran Church Administrative Plat and Conditional Use
Permit
Meadows of Bloomfield PUD Major Amendment, Planning Case 05- 04 -AMD
Council Member Sterner had concerns about the reduced density and a pipeline easement near
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homes. Community Development Director Lindquist noted that the Planning Commission had
held a public hearing for the PUD amendment. The pipeline setbacks and frontyard setbacks
have been maintained. The new housing type introduced is a two -story single family detached
house that will fit on a 56 -foot wide lot. There are seven lots that have room for a third garage
stall so the developer is asked to place homes on the lot to allow an expansion of a 3` stall.
Chad Onsgard of Centex Homes, reported that the homes have separate small lots. There is a
master homeowners association which will attend to maintenance of all boulevards. The single
family homes will not belong to the homeowner's association.
MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE MAJOR
AMENDMENT TO THE MEADOWS OF BLOOMFIELD PLANNED UNIT
DEVELOPMENT subject to conditions. Second by Baxter. Ayes: Baxter, DeBettigmes, Shoe
Corrigan, Droste. Nays: Sterner. Motion carried.
Meadows of Bloomfield Third Addition Final Plat and Subdivision Development
Agreement, Planning Case 05 -05 -FP
Community Development Director Lindquist noted that this is consideration for the final plat
which is affected by the previous item's approval. The 33- townhouse units are replaced by 26
single family lots in Block 1. Several single family lots have been eliminated as a result of
responding to a demand for larger houses The development is 44.5 acres and provides for 118
single- family lots.
MOTION by Sterner to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR
MEADOWS OF BLOOMFIELD THIRD ADDITION subject to conditions and to authorize
the execution of the subdivision development agreement. Second by Baxter. Ayes: Droste,
Baxter, DeBettignies, Shoe Corrigan. Nays: Sterner. Motion was withdrawn.
Discussion ensued. Council Member Baxter called a Point of Order noting that the motion
maker cannot vote against his own motion per Roberts Rules. City Attorney LeFevere was
unaware of this rule. Council agreed to repeat the motion.
MOTION by Baxter to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR
MEADOWS OF BLOOMFIELD THIRD ADDITION subject to conditions and to authorize
the execution of the subdivision development agreement. Second by DeBettignies. Ayes: Shoe
Corrigan, Droste, Baxter, DeBettignies Nays: Sterner Motion carried
Lebanon Hills Regional Park Stormwater
Mayor Droste requested an explanation of this drainage policy. City Engineer Brotzler reviewed
the resolution noting Rosemount's ability to divert 300 acres of runoff away from Lebanon Hills
Regional Park to the south and setting a policy in place to make improvements for downstream
flood protection benefit Council Member Baxter pointed out a language change in condition 1.
that would add the statement "at a cost deemed reasonable by Rosemount." It was questioned if
the "City" referred to City of Rosemount or City Council. City Engineer Brotzler noted that any
cash compensation is always considered by City Council.
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MOTION by DeBettignies to adopt A RESOLUTION OUTLINING POLICY FOR
MANAGING OF DRAINAGE FROM AREAS IN ROSEMOUNT TO LEBANON HILLS
REGIONAL PARK with the structural word change on condition 1., page two to include, "at a
cost deemed reasonable." Ayes- DeBettignies, Shoe Corrigan, Droste Sterner, Baxter. Nays:
None. Motion carved.
PUBLIC HEARING: Liquor License Fee Cbanges
City Clerk Jentink presented the fee increases to liquor licenses for off -sale 3.2% malt, temporary
on -sale intoxicating, temporary on -sale 3.2% malt, bottle club, and amendment application. The
fees had been reviewed in December, 2004 with the annual Fee Resolution. Springsted and
Associates reviewed all permit and license fees at that time and made recommendation to
increase these liquor license fees. All liquor establishments received a 30 -day written notice to
respond at this public hearing.
Mayor Droste opened the Public Hearing for liquor license fee changes. No comments were
received.
MOTION by DeBettignies to close the Public Hearing for liquor license fee changes. Second by
Baxter. Ayes: Five. Nays: None. Motion carried
MOTION by Baxter to approve the liquor license fee increases as presented in the Fee
Resolution for 2005. Second by DeBettignies. Ayes: Sterner, Baxter, DeBettignies, Shoe
Corrigan, Droste. Nays: None Motion carried.
Ordinance Amendment City Code 3 -1 -2, Liquor Regulations
Police Chief Kalstabakken presented an amendment to the liquor regulations that would update
the changes made by the legislature in liquor license limits in Minnesota. Rosemount has held
on -sale liquor licenses to six when state law would allow twelve. The legislative change does not
limit the number of liquor establishments if it is a restaurant, hotel, theater, club, wine store or
bowling center. This definition leaves only two liquor establishments with Class A "bar" liquor
licenses, Celts and Shenanigans. Staff is proposing to limit the Class A license available at two
in order to encourage more restaurant type businesses that residents have indicated they would
like. City Attorney LeFevere noted that the area approved for a liquor license can be part of a
strip mall and our ordinance requires a liquor business must be 300 feet from a church or school.
There is no restriction for a liquor license to be issued near a daycare. Council discussed the
restriction for a 300 -foot nght -of -way from County Road 42 for a Class A liquor license This
restriction could push a bar closer to residential on 151` Street. Council Member Shoe Corrigan
was concerned for the future development of County Road 42 to the east and the effect of this
restriction. Staff indicated the restriction was intended for the downtown area, Diamond Path to
Highway 3.
Council Member DeBettigmes considered the ability for a hotel to have a lobby bar without food.
DeBettigmes did not wish to deter a developer from Rosemount because of the limited number of
Class A liquor licenses available
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Mayor Droste said that the 42/52 corridor development that is in process may affect the liquor
requirements. Droste suggested approving the recommended amendment and reviewing this
again when the whole County Road 42 corridor zoning is decided Council Member Sterner
agreed. Community Development Director Lindquist recommended if more Class A liquor
licenses are allowed that only hotels would be included.
MOTION by DeBettignies to approve amendments to City Code 3 -1 -2, paragraphs B and L
related to liquor regulations. Second by Sterner.
Council Member Shoe Corrigan requested a friendly amendment to the motion with the
elimination of the sentence restricting development along CR 42 DeBettignies and Sterner
agreed to the change.
MOTION by DeBettigmes to approve amendments to City Code 3 -1 -2, paragraphs B and L
related to liquor regulations including the elimination of the sentence in Section 3 -1 -2, paragraph
B2, regarding the 300 foot right -of -way. Second by Sterner. Ayes Droste, Sterner, Baxter,
DeBettignies, Shoe Corrigan Nays: None. Motion carried.
City Acquisition of 3205 143 Street West
Community Development Director Lindquist reported that the interest rate was reduced one
percentage point, to 6 and the relocation cost, though not final, will likely be $20,000. Council
Member Baxter said the relocation cost could be better described as a displacement cost in this
case Wilson Development has handled the negotiations for the purchase agreement and
relocation.
MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE PURCHASE OF
3205 143 STREET WEST FOR DOWNTOWN ROSEMOUNT REDEVELOPMENT.
Second by Baxter. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None.
Motion carried.
Commissioner Appointments
Mayor Droste and Council Members were proud that the applicants for the commissioner
positions were high quality citizens who were willing to step forward and serve the City.
Applicants were interviewed by Council and City Administrator Verbrugge on March 3, 2005,
City Council recommends the following appointments:
Kelly Sampo, Parks Recreation to finish Phillip Sterner's 2 -yr. term, expiring 2007
Eric Johnson, Parks Recreation 3 -yr. term to 2008
Mark Jacobs, Parks Recreation 3 -yr. term to 2008
Thomas Kempe, Utilities Comm 3 yr. term to 2008
Bruno DiNella, Port Authority 6 -yr. term to 2011
John Powell, Planning Comm. 3 -yr. term to 2008
Jason Messner, Planning Comm. 3 -yr. term to 2008
MOTION by Droste to appoint commissioners as presented: Kelly Sampo -Parks Recreation
2 -yr. term; Eric Johnson, Parks Recreation 3 -yr. term, Mark Jacobs, Parks Recreation 3 -yr.
term, Thomas Kempe, Utilities 3 yr. term, Bruno DiNella, Port Authority, 6 -yr. term, John
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Powell, Planning 3 -yr. term; and Jason Messner, Planning, 3 -yr. term. Second by Sterner. Ayes:
DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried.
U
Legislative/Intergovernmental
Parks and Recreation Director Schultz reported on the legislative initiative by the Solid Waste
Management Coordinating Board to create a viable solution for electronic waste. On July 1, 2005
electronic wastes will no longer be allowed in landfills Electronic products usually contain lead
and contribute to our water, air, and soil pollution. The resolution suggests requiring
manufacturer responsibility, and reliable and convenient collection options, and a funding
method that does not require substantial end -of -life fees.
MOTION by Sterner to adopt A RESOLUTION SUPPORTING THE SOLID WASTE
MANAGEMENT COORDINATING BOARDS' LEGISLATIVE INITIATIVE TO
CREATE A VIABLE SOLUTION FOR ELECTRONIC WASTE. Second by DeBettignies.
Ayes: Baxter, DeBettignies, Shoe-Corrigan, Droste, Sterner. Nay: None. Motion earned.
National League of Cities Conference
Mayor Droste and City Administrator Verbrugge attended the National League of Cities
Conference in Washington, D.C. City Administrator Verbrugge said the four main issues were
as follows. 1) Community Development Block Grant possible elimination; 2) Transportation
Bill; 3) Federal Tar Reform; and 4) Visiting members of Congress about Rosemount issues.
Congressman Kline is invited to speak to Rosemount's City Council.
State of the City Address on Cable TV
Mayor Droste presented a State of the City address on March 8, 2005. This was recorded and
will be replayed on cable channel 22 and FTTH channel 7. Communications Coordinator Cox
noted that the audio is also on the city web page. Council Member Baxter said there was good
attendance on March 8 1h and the content in form and substance was excellent, Baxter thanked the
strong business community in Rosemount for their participation
Announcements
Mayor Droste reviewed the upcoming regular meetings.
Four Council Members attended the American Legion's 100 Year Celebration on March 12,
2005. Awards were given to Police Officer of the Year, John Winters and Firefighter of the
Year, Chris Dyson. Council Member Baxter gave a well prepared appreciation speech for the
City
Mayor Droste moved to adjourn the meeting at 9:12 p.m. Second by DeBettignies. Ayes: Five.
Nays. None. The meeting was adjourned.
Respectfully submitted,
Linda Jentink, City Clerk
Recording Secretary
The City Council Agenda Packet is Clerk's File 2005 -1 L
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