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HomeMy WebLinkAbout6.b. Minutes of July 13, 2005 Council Work Session#6 B ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 Pursuant to due call and notice thereof a City Council Work Session was held on Wednesday, July 13, 2005 at 6:31 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members Shoe Corrigan, DeBettigrues, and Baxter present. Council Member Sterner entered at 6:53 p.m. following the Rosemount Woods discussion. Also m attendance were City Administrator Verbrugge, Assistant City Administrator Weitzel, Coiiununicauons Coordinator Cox, Parks and Recreation Director Schultz, Community Development Director Lindquist, City Engmeer Brotzler and City Clerk Jentink. Fire Chief Aker entered at 8 30 p.m. DISCUSSION a. Rosemount Woods Petition City Administrator Verbrugge requested direction on how City Council would prefer to proceed in response to a pennon regarding enacting an ordinance related to the process and relocation compensation for manufactured home park closings. Several metro -area communities have adopted ordinances related to manufactured home park closings. Samples were obtained from Apple Valley, Bloomington, Lake Elmo, and Oakdale. Minnesota Statutes section 327C.095 gives cities the authority to require additional compensation to residents in the event of a park closing and relocation. The sample cities cap the compensation at 20% or 25% of the greater cost of the purchase price of the park or the county assessor's valuation of the park m that tax year. The sample ordinances allow economic protection for manufactured park residents. Fewer manufactured home parks are available so relocation alternatives cannot always be found. Mr. Verbrugge reported that the City of Lakeville recently considered a snmlar ordinance but the Lakeville City Council declined approval because it felt the State provided adequate coverage. Mr. Verbrugge also stated the City is not aware of any plans to sell or close Rosemount Woods Mobile Home Park. LaVonne Woodruff was the Rosemount Woods resident who organized the petition to request City Council to consider an ordinance to help protect the home values in the event the land m the park would be sold for development. Ms. Woodruff reported the cost to move a mobile home to be $4,300 to $6,000 for a singlewide trailer and $9,400 to $12,000 for a doublewide trailer. Berme Sievert, a Rosemount Woods resident, has hved in Rosemount Woods since 1985. Mr. Sievert was concerned for the value of his home. He supported the management team of Hometown America because they have made many unprovements to the park. Mr. Sievert stated that the wheels were removed from his mobile home as were many others. This can cause an additional expense when moving. Sally Lubrant, manager of Rosemount Woods, supported the residents and their right to request an ordinance to protect themselves. She reported she was not aware of any pending sale of the mobile home park Ms Lubrant stated management is adding new homes and a model home to promote Rosemount Woods. Council Member Baxter recognized the need for affordable housing. He would prefer to have a comprehensive ordinance similar to Apple Valley's ordinance Mr. Baxter stated it was a very well written document. Mr. Baxter pointed out that it made sense to protect affordable housing m Rosemount. Mayor Droste acknowledged it would be good public pohcy to preserve affordable housing. 1 Council Member Sterner entered the meeting at 6:53 p.m. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 Council Member Shoe Corrigan requested an inventory of affordable housing m Rosemount. Barbara Stanley, a Rosemount Woods resident, stated the current management in Rosemount Woods Mobile Home Park has improved the condition of the park. Ms. Stanley was in favor of a protective ordinance for the mobile home park. Mayor Droste updated Council Member Sterner that staff will move forward with review of an ordinance for manufactured home parks. City Administrator Verbrugge indicated the staff load would not permit review until fall. The City Council and those present were agreeable to that timeline. b. 42152 Comprehensive Plan Amendment Community Development Director Lindquist presented a letter and map showing distance rings at one, two and three mile radn from Fhnt Hills Resources (FHR) m relation to the 42/52 Comprehensive Plan Amendment. Ms Lindquist explained that this is a long -range plan, a blue print for the future. Development would expand west to east in an organized process Ms. Lindquist pointed out that the zoning would not be changed immediately with this amendment but as each property was developed. Ms. Lindquist pointed out the land use amendments recommended by the Planning Commission following the June 28, 2005 public hearing. 40 acres of Courteau property changed from Mixed Industrial to Medium Density Residential. 70 acres of FHR property from Mixed Industrial to General Industrial 460 acres of FHR property from Rural Residential andurban Reserve to Agriculture 20 acres for two residences from Urban Reserve to Rural Residential FHR property bounded by the railroad to the east, Blame Avenue to the west, County Road 42 to the south and the ridge to the north changed from Business Park to Mixed Industrial The Planning Commission supported these residential densities: Urban Residential 1 -4 units per acre Medium Density Residential 4 -8 units per acre High Density Residential 8 -20 units per acre The medium density is a new classification. Ms. Lundquist commented that if the City does not open up the MUSA area east of Akron there may be a drop in building permits. The 42/52 interchange improvements proposed by the State and County will be changmg the focus of land uses and allowing residential growth to the east of Highway 3 which then increases the need for commercial services. Ms. Lindquist stated that Rosemount does not have sufficient commercial zoning districts. ARCON is looking to develop commercial with residential land use on the north side of County Road 42 and Akron Avenue. ARCON requested 20 acres for commercial. City staff is requesting 60 acres of commercial to support the residential growth. 2 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 The Business Districts are divided into four zoning distncts, C -1, C -2, C -3, and C-4. Further discussion on allowable uses m the C -3 and C -4 districts will be held at the August City Council work session. Ms. Lindquist noted that Flint Hills Resou, ces was opposed to any residential east of Akron Avenue. Flint Hills appears to prefer a buffer area around the oil refinery. Mayor Droste asked the City Attorney how to weigh risk. City Attorney LeFevere stated the City would be immune from hability, but still needs to decide what good public pohcy is and try to take into account reasonable nsk. In this case, Flint Hills would like to keep development away to minimize any possible safety- hazard. Mr. LeFevere said it is up to the City Council to decide on land use, but it would not want to create a nsk to residents A compatible land use should be selected. Mr. LeFevere gave the example that a day care center would not be appropriate next to a heavy industrial district. Mr. LeFevere gave the example that if the City wanted to erase all habili y issues, there would be no parks. Reasonable legislation by the Council to make pubhc pohcy for land use is possible. The state and federal agencies monitor land use for safety. Mr LeFevere stated that the standards are not being violated nor are there any specific concerns that have been identified m the eastern area of Rosemount. City Administrator Verbrugge noted the probability to determine safety is a process. Mr. Verbrugge stated the example that a percentage of probability can be attached to the once every 100 years rainfall to determine nsk. Mr. Verbrugge noted that it is problematic as to the relationship between image and actual facts. Rosemount has a Emergency Disaster Plan in place, yet the hope is that the City will not have to use it. Mr. Verbrugge reported that the prevaihng winds, or wind rows, blow to the northeast, so Rosemount rarely receives any odors from the industrial area. Ms. Lindquist stated that winter temperature inversions within one to five miles of the refinery may be dangerous if contaminates are expelled. Ms. Lmdquist pointed out that Rosemount had only three days last year that would be considered temperature inversions so the nsk would be considered low. Ms. Lindquist commented that no one knows what the teal risk is in the mdustrial area. Some cities have housing across the street from a refinery. Examples can be found even though there may be some nsk. Ms. Lindquist added that one of Council's goals is to add commercial base for Rosemount If no residential zoning is allowed on the east side of Akron Avenue, there may not be any added commercial property in that area It appears that Flint Hills is comfortable selling land to commercial businesses on their Rosemount property Ms. Lindquist noted that any risk would be the same for businesses as for residential. There may be more complaints from residential land owners regarding smells because they are present at their homes longer hours Ms Lindquist noted that one control Council may consider is to not allow further expansion of the refinery. She stated that guiding land use helps property owners to know what is expected for land usage Staff noted that Akron Avenue is proposed to be upgraded It will have a visible corner with some access issues on County Road 42. Ms Lindquist presented the option of considering the land use as business park rather than industrial on County Road 42 Mayor Droste stated that government should be guiding land use. The recommendations will be considered at the City Council meeting on July 19. Council Member DeBetugnies pointed out the need for water towers and hotels. Mr DeBettigmes favored 39 acres of commercial property at ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 Akron Avenue and CR 42 with the residential component. Mr. DeBettigmes stated it is very important to guide the University property to what Council deems as the most feasible land use. Council Member Shoe Corrigan stated that Flint Hills can go forward with developing a park area on their land. There are no land restrictions regulating that development within the proposed land use amendment Council Member Sterner firmly stated that residential zoning close to Flint Hills would not be favorable Mr. Sterner noted that chemical discharge or exposure to any noxious or poisonous gas to residents would not be responsible Mr. Sterner inquired about the probability or ratio for a chemical spill or gas release and what if Flint Hills expands. Staff will research more information Mayor Droste noted that homes are one block away from holding tanks m other cities Mr. Droste considered it reasonable to have residential one to two miles away from Fhnt Hills. Ms. Lindquist stated that Pohce Chief Kalstabakken had collected information about refinery concerns. Mayor Droste noted how ume changes the perception of concerns. Council Member Baxter commented that more commercial businesses are needed to reach selected City goals Technically, Mr Baxter stated, it is much easier to go from commercial to residential zoning than residential to commercial Mr Baxter stated that the legal risk in case of a chemical spill is to Flint Hills, not the City The other possible risk may be to the people who purchase homes in this area. Mr. Baxter noted that to zone residential one mile away from possible danger is reasonable Mr. Baxter affirmed that land use should make sense and business park land use is a good idea for the 42/52 interchange area. City Attorney LeFevere considered the risk of hazard and how it affects the zoning The Federal Water Air Act standards provide protection. Mr. LeFevere stated that nuisances can be regulated. Potential hazards and nuisances, if there are any, should be regulated by federal and state agencies. Staff stated this issue will be considered at a future work session. c. Lebanon Hills Regional Park City Engineer Brotzler and Mr. Pete Willenbrmg from WSB Engineering reviewed the Lebanon Hills Regional Park storm water drainage issues. Mr. Brotzler said the goal is to continue working toward a solution to the flooding in the park and on Chff Road m Eagan. Storm water management plans have been discussed with the Dakota County Parks Department. The recommendations estimate a cost of $3 6 million to address the drainage issues and they are looking for cost sharing with surrounding cities and government agencies. Mr. Brotzler noted there are about 800 acres in Rosemount that dram into Lebanon Hills Park There was more land that dramed toward Lebanon Hills prior to development m Rosemount. The beginning discussions have included various options of how to pay for the needed improvements The cost may be prorated by the county and cities, but no clear methodology was deteimmed for payment and there have not been any direct requests to Rosemount for payment to date. The Dakota County Physical Development Committee on July 26, 2005, addressed the technical components of the plan. A sixty -day public review period will be held and then project funding and participation will follow. Mr. Brotzler did not know what percentage of cost sharing might be expected from the City- of Rosemount. City Attorney LeFevere pointed out that City Council might want to consider legal positions such as the historical conditions, changes the City has made, ecological issues, and options the city may have. Mr LeFevere directed that staff 4 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 needs direction from Council on this drainage issue and then staff will participate m cost sharing discussions. Mr. Willenbring pointed out the eastern area of Eagan involved m the drainage issue on a map before the Council. Mr Willenbring noted the construction of 120 Street is like a damn, holding back water m Rosemount unless a large amount of ram is received. One to six inches of ram is now trapped in low areas before it reaches Eagan. If it rains more than six mches or if a fast snow melt occurs, the runoff water flows toward Lebanon Hills Regional Park. Mayor Droste reminded the group that Rosemount is paying $5 million to Metropolitan Council to transfer our storm water to the Mississippi River. He noted that no other city is helping us pay that amount The Eagan proposal is estimated at $4.8 million which includes a berm and a lift station. Mr Brotzler reported that the Department of Natural Resources (DNR) has designated Holland Lake as a trout lake and will not allow storm water influx because of its affect on the trout. Mayor Droste stated the City of Rosemount has gone above the requirements as a city when it made the difficult decision to take the flowage from the Vermillion Watershed and divert it to the Mississippi River. Mr. Brotzler estimated that the cost to divert any of the storm water drainage from Fagan would be expensive. Charlie LeFevere stated that the City of Rosemount does not have legal liability for Lebanon Hills Regional Park. Mr. Sterner commented it is a county -wide issue and perhaps the Vermillion Watershed Funds might also be used. Mr Baxter noted that the letter to the Dakota County Commissioners was not persuasive enough and he was not eager to spend city funds on Eagan's drainage issues. Mr Sullivan, Parks and Recreation Director for Eagan, addressed the Council. Mr. Sullivan pointed out that a single reason for the drainage problems cannot be identified. That being said, the problem of flooding still needs to be addressed. Mr Sullivan reported there are over 100 ponds and wetlands that contribute to the flooding of Cliff Road which had five feet of water over it m 2000. Mr. Sullivan said that m 2000 local neighborhoods lost access into then homes and twenty families had to be evacuated. The state park is a regional resource that has over 500,000 visitors a year with 70% coming from Dakota County Mr. Sullivan commented that the Board of Commissioners realize neighboring cites are not eager to participate in the cost sharing. Mr Brotzler stated that Holland Lake is designated a trout lake by state DNR and is protected. So, even the state benefits from correcting the drainage flow. This shows that the benefit is not just local. It was reported that Minneapolis did get the state to help with funding for Lake of the Isles. All major agencies should be asked to participate, if some do not want to participate then we move on. Mr. Sullivan has made application for a $3 million matching grant through state agencies. Mayor Droste maintained that the area of land affecting the flow could be used to determine participation in cost sharing. Mr. Droste agreed this is a difficult issue. City Admuustrator Verbrugge asked how often a 600 -year event happens or one like the super storm m 2000. Mr Sullivan said Eagan has been pumping storm water about twice a year to prevent overflow onto Chff Road. Mr. Verbrugge pointed out that if Council decides a case is not made, they are not locked into participating. City Attorney LeFevere was directed to make the language stronger in the letter to the Dakota County Board of Conunissioners prior to its meeting on July 26, 2005. 5 The meeting was recessed at 8:59 p.m. and reconvened at 9:12 p.m. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 d. CDA Concept Plan Commumtc Development Director Lindquist explained the Dakota County Community Development Agency's concept plan for a potential multi -family affordable housing project. The property location is in the northwest quadrant of the intersection of Connemara Trail and Highway 3. Utilities would be brought in from the Glendalough development to the west and it would have a proposed access on Dodd Road to the north. Ms Lindquist Inquired if Council is willing to consider adding this parcel Into the MUSA area. The property is owned by two parties, one is interested in selling and the other one is not interested in selling at this time. Ms. Lindquist stated the topography is difficult at this site. Council Member Shoe Corrigan commented that the transitional zomng should be changed to medium density after the 42/52 Comprehensive Plan Amendment is adopted. Ms. Lindquist agreed to the medium density zoning Ms. Kerry Gill, Community Development Agency (CDA) proposed family townhomes for work force housing in Rosemount. There would be a fixed rent withm income limits (60 %0 of the medium income). This proposed project would have 34 units and is similar to other CDA developments Ms. Gill said the CDA has been interested in finding a site m Rosemount for several years. Mr Kim Bretheim, an architect for the CDA described a gas pipeline easement that will require agency approvals for development which is estimated to take about a year to acquire. Ms. Shoe Corrigan stated she was excited about this development. Ms. Shoe Corrigan requested a trail be added in front for residents to have access to parks. Mr. Sterner approved of the concept and suggested that mass transit be available and he suggested that a small youth park should be provided. Mr. Sterner inquired about the quality of the construction. Ms. Gill said it would be standard building materials that are maintenance free and which the CDA has had good results with in the past. Mr. Baxter inquired if the City would be required to contribute financially. Ms. Lindquist reported the City has CDBG funds that are intended for affordable housing. Ms. Gill said the CDA would appreciate the City's unused CDBG funds which could be allocated by the Port Authonty. Mr. DeBettignies had concerns for the connector streets to the north on the site plan. Ms. Gill noted they are limited to what can be developed over the pipeline easement. Ms. Gill pointed out that a tot lot park would be provided for kids less than 13 years of age. Ms. Gill stated the majority of the construction materials proposed are maintenance free materials. Mayor Droste stated it made good sense to guide the land use for this project. He noted it seem appropriate to zone this medium density since there is high density senior housing on the southern side of Connemara Trail. A letter of interest was received from the Ostertag family for the sale of their property to the CDA; although no commitment has been made. e. Rezoning for ALC City Adnumstrator Vcrbrugge initiated discussion regarding the school district's need to possibly build a new alternative learnmg center (ALC). The Carlson property, south of CR 42 at Chippendale Avenue is being considered, however, this site is not appropriately zoned for that use. Ms Lindquist 6 7 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 inquired for the involved parties if City Council would be interested in considering a rezoning to allow the ALC. Ms. Lindquist related that staff recommended that a text amendment be made allowing C -4 to include education services other than secondary school. The school might consider a lease for the building which could be constructed similar to an office building. This would allow the building to move into a commercial use if the ALC no longer needed the building Council Member Sterner noted that would be good planning since the student population is forecasted to drop. Council Member Baxter stated as a business person, he would not think that students would be a good neighbor Mayor Droste stated he assumed children attending would not be dnvmg cars to the facility. Ms Lindquist stated she would let the school district know the City is interested and a pending zoning text amendment will be considered. UPDATES a. Fire Station No. 2 Site Plan Mr. Verbrugge reported that the Planning Commission approved the site for Fire Station No. 2 north of Connemara Trail at Azalea Avenue. Ms. Lindquist noted that the Council would have to appeal this approval at this time if they had any concerns. The three conditions made at the Planning Commission meeting were: 1) Hu of the "restrictive parking" within 30 feet of the Connemara Trail right -of -way; 2) Permission by Northern Natural Gas Company for the parking lot and driveway encroachment into the pipeline easement, and 3) Azalea Avenue should be posted for no parking north of Connemara Trail. Council consensus was agreeable to the site for Fire Station No. 2. The color scheme was bnefly discussed concluding that tans and burgundy would be acceptable. b. Community Center Parking Mr. Verbrugge presented the school distracts need for additional parking in the Rosemount Community Center south parking lot. This would be for overflow parking only at a reduced fee from the regular high school parking permits. A joint powers agreement is pending. Parks and Recreation Director Schultz pointed out that the adnunistration at the high school would manage the fee program and monitor the lot for trash and safety Mr. Schultz expressed some frustration when high school students encroach on event parking. He pointed out the high school should educate the students as to the need for a parking permit and the need to follow the rules Mr. Verbrugge noted that the school indicated space at the community center would not be needed until late fall and the remainder of the school year. c. No Parking Signs Follow -up Mr. Verbrugge requested a follow -up on the no parking signs added last spring to the Carrollton neighborhood west of Chili to keep high school students from using the residential parking. Two residents have complained about the frequency and location of the signs. Mayor Droste explained that the lumted access does make this street unique and that perhaps fewer signs are needed due to the horseshoe shape street entering Chile Avenue. Ms Shoe Corrigan suggested leaving all the signs until the students learn the parking rules and then remove the signs except two at the access points. Council consensus was to be responsive to all residents Mr. Verbrugge was directed to talk with Mr. Jacobson and staff will monitor the students' response to the signs. UPDATES New Airport Runway Mr. Verbrugge reported that a meeting will be held on Thursday, September 29 with Metropolitan ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 Airport Commission at the Rosemount Community Center to partner with them to provide information to residents. ALDI Grand Opening ALDI grocery store will hold its grand opening on August 4, 2005 at 9:00 a.m. Council and staff are invited to attend. Congressman Kline Letter Mr. Verbrugge sent a thank you letter to Congressman John Kline in which he mentioned the local view of eminent domain as a necessary tool for economic development. Air Cargo Mr Verbrugge noted that the Air Cargo issue in Congress appears that it may have a positive outcome. Watering Restrictions Council Member DeBettigmes had a resident suggest that the odd /even water restrictions be eliminated on day 31 of any month. This would eliminate having two odd days in a row. Council was not opposed to the suggestion. Leprechaun Days Parade Council Member Baxter remmded Council about the July 30 11:00 a.m. parade and discussed the plans to carry a banner for City Council. Street Light Outages Council Member Sterner inquired about follow up to Mr. Pfaffs concern for street lights that had not been fixed m an acceptable amount of tune Mr. Verbrugge reported that Excel Energy mamtams the streetlights and they stated they would like to discontinue maintenance of Group 5 Decorator Lighting. Excel plans to file an amendment to the Public Utilities Commission Mr. Verbrugge explained that the fight fixtures had been ordered and replacement should be completed soon. Planters Council Member Shoe Corrigan reported she had selected topiaries to place in the large planters along the collector streets m Rosemount. She described the topiaries as wrought iron urns filled with flowering plants. Ms Shoe Corrigan coordinated plans with the City's flower gardener to plant fall flowers and bulbs that will bloom in spring. Mayor Droste requested holiday lights on the pine trees south of the KWIK Tnp. Motion by Mayor Droste adjourned the meeting at 10:29 p.m. The City Council's Agenda Packet is Clerk's File 2005 -28 8 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary