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HomeMy WebLinkAbout6.a. Minutes of September 20, 2005 Regular City Council MeetingITEM v 6 A ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 2005 CALL TO ORDER /PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, September 20, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettigmes and Shoe Corrigan attending. Staff members present were City Administrator \'erbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere, Community Development Director Lindquist, and City Clerk Jentink. The Pledge of Allegiance was said Mayor Droste moved to adopt the agenda as presented. Second by DeBettignies. Ayes: 5. The agenda was adopted. RESPONSE TO PUBLIC COMMENT City Administrator \'erbrugge and City Attorney- LeFevere responded to residents who were concerned with a group home in their neighborhood. Mr. Verbrugge noted that the Minnesota Legislature changed the law so people with disabiltnes could have the benefits of normal residential surroundings and in -home opportunities. The state law super cedes the City's authority to limit land uses in this instance. City Attorney LeFevere reported that in 1975 Minnesota Statutes, Section 462.357, Subdivision 7 determined that a group home should be considered a permitted single -family residential use of property for the purposes of zoning Tlus usurps the authority of cities to prohibit group homes from single- family residential distncts. Mr. LeFevere further determined that the protective covenants obtained by the residents are not enforceable by the City. The covenant is enforceable by the owners of properties and the City would not take the side of either landowner against the other Mr. LeFevere suggested that if there are concerns with operational issues with the group home it could be addressed to the licensing authority, Mike Seiwert, Supervisor of Adult Foster Care Licensing, 1 Mendota Road West, Suite 300, Mendota Heights, MN 55118, 651 -554 -6033. Ms. Manley, Mr. Leean, and Mr. Seiwert were provided copies of the attorney's letter. Council requested copies of any related correspondence to or from residents. CONSENT AGENDA Motion by Baxter. Second by DeBettignies. MOTION to approve the Consent Agenda. a. Minutes of September 6, 2005 Regular City Council Meeting b. Bills Listing c. Receive Donation for Parks Recreation Department d. D.A.R.E. and School Liaison Services Agreement e. Declare Cost for Assessment /Set Public Hearing, 2005 Pavement Management Project, City Project 392 f. Rosemount Self Storage Planned Unit Development 05- 33 -PUD g. Dnveway Setbacks from Corner Lots Text Amendment 05 h. Resolution Authorizing Execution of a Grant Agreement, Dakota Impaired Driving Ayes: 5. Nays: 0. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 2005 OLD BUSINESS a. Minor Amendment Rudy's Redeye Grill (Rosemount Crossing) PUD Minor Amendment Community Development Director Lindquist presented a minor Planned Unit Development (PUD) amendment for the restaurant Rudy's Redeye Grill to amend the extenor materials and color. The restaurant is located in the Rosemount Crossing development on the northwest comes of County Road 42 and South Robert Trail David Archankle, Truman Howell Architects Associates, Inc., explained that the cost was not a factor in selecting the exterior material The exterior expense remained the same whether it was the approved stucco and EFIS or the proposed hardy plank siding. The goal was to have a more crafted and historical presence with 3 inch hardy plank. The hardy plank is manufactured out of a cement product which is usually 6 to 8 inches wide. Council Member Baxter and Sterner disagreed that the proposed changes fit the development or improve the appearance. Mr. Baxter pointed out that the contractor, not the owners of the restaurant, is unable to get Insurance due to the stucco and EFIS material. Mr Baxter added that perhaps the Plannmg Commission should have considered this amendment. Ms. Lindquist noted the applicant indicated this would delay the start of the project Council Member Shoe Corrigan noted that Council had modified the PUD process to address this type of change m a tuneher manner Council Member DeBetttgnies noted that insurability was the reason the architect recommended the material change from stucco to hardy plank. Mr. DeBettigmes pointed out the restaurant is close to a residential area and the overlap hardy plank will blend nicely. Mr. DeBemgnies noted that he did not believe this type of PUD amendment needed to be reviewed by the Planning Commission. Mayor Droste explored the length of time it would take to have the Planning Commission review the PUD amendment Ms Lindquist said staff could present it at the September 27 meeting for return to Council on October 4, although this is not the typical schedule for processing apphcations. Council Member Shoe Corrigan stated she preferred the new green color and believed the exterior material was a reasonable change for an insurable product. Ms. Shoe Corrigan noted that the three inch width of the hardy plank is more authentic in producing a southern theme that is unique to Rosemount. She stated that the issue for consideration is if the hardy plank is a suitable replacement and if the mtent of the PUD fulfilled Ms Shoe Corrigan would favor the PUD amendment. Todd Johnson, Steiner Development, commented that the City requested a unique, local flavor for the independent restaurant and he beheved this design brings that to Rosemount Mr. Johnson stated that winter construction is more expensive so tuning is important. Mr Johnson mentioned that Rudy's was intended to be in Phase I of the development and he would prefer to see it proceed as scheduled. Motion by DeBettignies. Second by Shoe Corrigan, to adopt the following: 2 Ayes: 3. DeBettignies, Shoe Corrigan, Droste. Nays: 2. Sterner, Baxter. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 2005 MOTION to authorize the execution of the PUD Amendment agreement with the revised elevations and site plan for Rudy's Redeye Grill. Community Development Director Lindquist requested clarification. Did Council intend to mclude the arbor and maintenance of the exterior of the building A friendly amendment to the motion was made to clanfy conditions. Friendly amendment by DeBettignies: to mclude the conditions as follows: 1. The applicant shall include the landscaping, including planting arbors, as indicated on the elevation plans dated 8/16/05. 2. The apphcant must maintain the exterior materials and conduct routine maintenance such as painting the hardy plank material Second by Shoe Corrigan. Mayor Droste welcomed Rudy's Redeye Grill and wished them well with the construction of the restaurant. ANNOUNCEMENTS Mr. Verbrugge noted an informational meeting on September 22, 2005 for the road improvements to old County Road 38. That will be held in the Council Chambers at 6:30. Mayor Droste reviewed future regularly scheduled meetings. He reminded Council and staff of a Metropolitan Council Interceptor /Lift Station /Outfall Informational meeting on September 21, at 6:30 p.m m the Council Chambers. The Parks and Recreation Commission will have a joint meeting with the Farmington Parks and Recreation Commission on September 28, at 6:00 p.m. It will be held at Tamarack Park m Farmington. Mayor Droste advised that the Fire Station on Shannon Parkway will have an open house on October 16 from noon to 3.00 p.m. Mayor Droste moved to adjourn the meeting at 8:06 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -37. 3 Respectfully submitted, Linda lentmk, City Clerk Recording Secretary