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.
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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.
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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
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CITY COUNCIL WORK SESSION
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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.
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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
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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
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Respectfully submitted,
Linda Jentink, City Clerk
Recording Secretary