Loading...
HomeMy WebLinkAbout6.a. Minutes of September 6, 2005 Regular City Council MeetingTRi bin 6 A 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 6, 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 Verbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere, Parks Recreanon Director Schultz, City Engineer Brotzler, Finance Director May, Pohce Chief Kalstabakken, Community Development Director Lindquist, and City Clerk Jentink. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA COUNCIL, STAFF City Administrator Verbrugge presented two items to add to the agenda. First, the Federal Government has requested participation through the Minnesota Homeland Security and Emergency Management for police officers, fire fighters and emergency medical personnel to provide aid m states impacted by Hurricane Katrina. Second, the City Council interviewed apphcants for the open Planning Commissioner position and will recommend an appointment. Addinonally, Mr. Verbrugge reported that Item 5.a. Public Safety Day Proclamation is removed from the agenda due to cancellation of the event. MOTION by Droste. Second by DeBettignies. Ayes: 5. Nays: 0. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 Motion to set the agenda with the elimination of 5.a. Public Safety Day Proclamation and the additions of Item 5 b. Intergovernmental Agreement Response to Hurricane Katrina and Item 10 b Commissioner Appointment. PUBLIC COMMENT Jean Grover, 14371 Cormorant Way, stated she represented her neighborhood with concerns regarding a neighboring property that is used as a group home for brain injured adults. Her concerns were for added traffic and parking and neighborhood safety. Ms. Grover stated this has altered their feeling of safety. Ms. Grover explained that they built their home thirteen years ago in an area with protective covenants. She stated the surrounding property owners continued to improve their homes and yards and their children played safely on their circle street The group home has caused increased traffic due to ten full time employees. The protective covenant registered with the deed clearly prohibits any business in the residential neighborhood. She questioned how this group home came about with no notice or change to their covenants. She stated their quality of life is now changing and they are concerned their property value will decrease Gary Leean, 14361 Cormorant Way, reported that he downloaded information from the Rosemount web page that showed a business would not be allowed in a residential district. Mr. Leean found the group home is listed as a for -profit business in the phone directory. Mr. Leean inquired how this use could be allowed. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 Community Development Director Lindquist explained that Minnesota State Statutes defines a group home with a licensed capacity of six or fewer persons and as a permitted single family residential use of property for purposes of zoning or other land use regulations Ms. Lindquist noted that it is not considered a business and the legislature's intent was to allow the group home without conflict to local zoning standards. City Attorney LeFevere indicated the legislature made law changes about 15 years ago regarding group homes. Before that time this kind of use would not be permitted. Mt LeFevere noted this is a somewhat different land use. However, once the law was changed, the zoning authority of the city was removed and the legislature intended this to be a higher public use. Ms. Grover inquired about the legal stipulations for the covenant recorded at the County. Mr. LeFevere said the authority of the city does not survive after the legislature makes such a change. Mr. LeFevere noted he would have to review a copy of the covenant to comment directly about Lon Manley, 14375 Cormorant Way, pointed out that her children are also vulnerable and she wished to protect them. Ms. Manley reported that these adults have had brain trauma and have a higher percentage of aggressive behavior. She stated some of these vulnerable adults have been found up to two blocks away from the property. Ms. Manley agreed that she also does not feel safe m her home. Council Member Shoe Corrigan requested staff determine for the residents how private covenants interface with city codes, and also asked staff make suggestions on how residents can pursue this issue and who would be the proper authority to contact. Ms. Shoe- Comgan noted that the City Council's role is limited and the residents efforts would be more effective directed to the right agency. Ms. Shoe Corrigan and Council empathized with the residents. City Attorney LeFevere stated there may be some operational questions regarding the group home. He directed the residents to contact the licensing authority and perhaps law enforcement if a nuisance is occurring. City Admmistrator \'erbrugge explained that staff will coordinate a response and have City Attorney LeFevere and Director Lindquist review it. The response will be drafted in the next two weeks and presented at the next City Council meeting. DEPARTMENT HEADS REPORTS /BUSINESS Intergovernmental Agreement Response to Hurricane Katrina Police Chief Kalstabakken reported that the Public Safety Day was cancelled or postponed until spring due to the need of emergency equipment for the hurricane relief effort. Chief Kalstabakken presented a resolution assigning signature authorization to Mayor Droste for Intergovernmental Agreements with the Minnesota Homeland Security and Emergency Management (HSEM) providing interstate mutual aid. The devastation caused by Hurricane Katrina m the states of Alabama, Mississippi and Louisiana has resulted in requests for resources and personnel from local governments. The agreement presented clarifies who is authorized, cost responsibilities and reimbursement procedures, liability, compensation and other matters. City Attorney LeFevere has reviewed and approved the agreement content. Chief Kalstabakken noted the resolution allows requests to be filled m a timely manner. Motion by DeBettignies. Second by Sterner. MOTION to authonze Mayor Droste to sign an Intergovernmental Agreement, upon the recommendation of City Administrator Verbrugge, to provide City of Rosemount staff to assist the gulf states disaster areas as requested through the Minnesota Homeland Secunty and Emergency Management Emergency Management Assistance Compact. Dedication of staff resources and equipment shall be done in a manner to provide assistance while always maintaining adequate coverage for the City's regular and potential emergency needs. Ayes: 5. Nays: 0. Motion carried. CONSENT AGENDA Motion by Baxter. Second by DeBettigmes. Ayes: 5. Nays: 0. Motion carried. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 MOTION to approve the Consent Agenda. a. Minutes of August 16, 2005 Regular City Council Meeting b. Minutes of August 10, 2005 Work Session c. Minutes of July 28, 2005 Special Work Session d. Bills Listing e. Receive Donation for Parks and Recreation Department f. 2005C G.O. Water Revenue Bonds Issue Authorizing Issuance and Setting Bond Sale g. 2005D G.O. Fire Station Refunding Bonds Issue Authorizing Issuance and Setting Bond Sale h. Declaration of Surplus Property 1. CASE 05 -39 -PUD Walleye's PUD Minor Amendment (Rosemount Market Square) 1. Receive Specifications Authorize Ad for Bid for Fire Tanker Vehicle for Fire Department k. Change Order #1 Connemara Trail Overpass, City Project #379 1 Expenditure From Park Improvement Fund Underpass Fencing m. Expenditure Approval from the Donation Account Parks Recreation Department n. 2006 -2010 Dakota County C.I P. o. Minnesota Army National Guard Facilities 05 -34 -SP PUBLIC HEARING: On -Sale Liquor License Application by Carl Morgan, LLC for Walleye's Bar Grill and Fox's Pizza, 3400 150 Street West, Suite B Mayor Droste announced the pubhc hearing for the on -sale hquor license application by Carl Morgan, LLC. The affidavit of pubhcation and posting of notice were on file with the City Clerk's Office. City Clerk Jentink reviewed the on -sale liquor license application. The owners and managers are Robert and Kathleen Johnson who currently operate Fox's Pizza Den at 15092 Claret Avenue. They intend to combine the pizza franchise with a full service restaurant at the new location at 3400 150th Street West, Suite B. This location is in Rosemount Market Square where Knowlan's Supermarket leased space and is visible from County Road 42. City Planner Pearson conducted a review of the land use change from retail business to restaurant use. Staff recommended a Planned Unit Development minor amendment to allow the use change. Staff noted m the summary that if Rosemount Market Square wanted to expand m the future then a major amendment would be necessary. Ms. Jentink pointed out that the legislature hfted any license limits for liquor estabhshments that are also restaurants. Police staff conducted a full investigation on the applicant and manager, Robert Johnson and his wife, Kathleen Johnson. No cmnitial record was found or reason for denial. Staff recommended approval of the on -sale liquor license ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 Council Member Sterner inquired about smokmg restrictions m the restaurant. Mr. Johnson responded that smoking will be allowed m the bar area and there are three exhaust units above the bar that would create a negative pressure. Mr. Johnson stated that smoke would not be an issue. Mayor Droste opened the pubhc hearing for Walleye's Grill. No audience input was received. Motion by DeBettigmes. Second by Sterner. MOTION to close the public hearing for the On -Sale Liquor License Application by Carl Morgan, LLC for Walleye's Bar Grill and Fox's Pizza, 3400 150th Street West, Suite B. Ayes: 5. Nays: 0. Motion carried. Motion by Sterner Second by Shoe Corrigan. MOTION to approve the on -sale liquor license to Carl Morgan, LLC for Walleye's Bar Grill and Fox's Pizza at 3400 150th Street West, Suite B, having the license term begin upon receiving their Certificate of Occupancy to December 31, 2005; and contingent on the approval of the PUD Minor Amendment for Rosemount Market Square presented on the Consent Agenda this evening. Ayes: 5. Nays: 0. Motion carried. Mayor Droste and Council Members welcomed the new restaurant to the business commumty and wished them well. PUBLIC HEARING: GlenRose of Rosemount Addition Street Utility Improvements, City Project 397 Mayor Droste announced the continuation of the public hearing for GlenRose of Rosemount Addition Street Utility Improvements, City Project 397 from the August 16, 2005 City Council 4 meeting. The affidavit of publication and posting of notice were on file with the City Clerk's Office. The affected residents were notified of the continuation. City Engineer Brotzler noted this pubhc hearing is primarily for the purpose of receiving comment from those residents affected outside the development area The existing watermam is on the west side of Highway 3 and it will be connected under Highway 3 to the GlenRose of Rosemount Addition. Five properties north of the development are expected to obtain water. Sewer services have already been extended to three of the five properties. Gravity sewer service to two properties Will require a hft station. An alternate alignment was examined but would have been more costly. The cost estimate is as follows: GlenRose Addition $1,270,100 Lateral Water Hwy 3 66,200 Hwy 3 Water Main 94,600 Easement Costs 57,900 TOTAL $1,488,800 The property owner's estimated assessments are as follows: Property Owner Sewer Water Total Peters $3,700 $6,030 $9,730 Semlack $6,030 $6,030 Lucking $6,030 $6,030 Gransey $6,030 $6,030 Franz, 2 blgs $7,400 $12,060 $19,460 TOTAL $53,310 City Engineer Brotzler explained that there would be an assessment hearing after the project is complete m the fall of 2006. Council Member Shoe Corrigan confirmed with Mr. Brotzler that the affected property owners would be contacted soon for projected costs and easement procurement. Mayor Droste opened the pubhc hearing for audience comment. No comments were received. Motion by Droste. Second by DeBettignies. MOTION to close the public heanng for GlenRose of Rosemount Addition Street Utility Improvements, City Project 397. Ayes: 5. Nays: 0. Motion carried. Motion by Baxter. Second by Shoe Corrigan. MOTION to adopt a Resolution Ordering the Project for the GlenRose of Rosemount Street and Utility Improvements, City Project 397. Ayes: 5. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 Nays: 0. Motion carried. OLD BUSINESS a. Dakota Communications Center (Joint Dispatch) Joint Powers Agreement City Administrator Verbrugge requested City Council consider the lomt powers agreement and appointment of representatives for the operations of the central dispatch. Mr. Verbrugge described this as providing a smgle point of answering service for Dakota County emergency management. The operations and governance of this dispatch center includes representatives from participating entities with one elected official and an alternate on the Board of Directors, the chief administrative official on the Executive Committee, and each law enforcement agency and fire agency with a representative on the Operations Committee. Mr. Verbrugge would serve on the Executive Committee that will consider the hiring of a director of the facility, set by -laws, consider staffing issues and over see the physical construction. Mayor Droste has expressed interest to serve on the Board of Directors. Motion by Sterner. Second by DeBettignies, to adopt the following: MOTION to adopt the resolunon approving the Dakota Communications Center Joint Powers Agreement and appointing Mayor William H Droste as representative and Council Member Kimberly Shoe- Corrigan as alternate on the Board of Directors for the Dakota Commumcanons Center group. Ayes: 5 Nays: 0 Motion carried. Ayes: 5. Nays: 0. Motion carried. 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 NEW BUSINESS a. Resolution Setting 2005 Preliminary Levy and Budget Hearing Dates City Administrator Verbrugge explained the process for setting the preliminary levy and budget for 2006 for the City of Rosemount. The preliminary levy marks a reduction in the tax rate of .93% for the city portion of property taxes. This is the fourth year a city tax rate reduction has occurred. Council and staff have reviewed the details of the budget and levy at several work sessions and three mote work sessions are scheduled before the final budget is set in December. A Truth -In- Taxation public hearing will be held December 5, 2005, at 6:30 p.m., for residents to comment on the budget or levy. The pubhc heating may be continued to December 12 at 6.30 p m. if all residents present at the December 5th meeting are not heard. Motion by Shoe Corrigan. Second by DeBettignies. MOTION to adopt a Resolution setting the Preliminary 2006 General Fund Operating Budget, the Preliminary 2006 C.I.P. Budgets, the Preliminary 2006 Insurance Budget, the Preliminary 2006 Port Authonty Operating Levy and the Preliminary 2005 Levy and Budget Hearing dates required by the City of Rosemount. b. Planning Commissioner Appointment City Administrator Verbrugge reported that Council met at 5 :00 p.m. today to interview two applicants for a Planning Commissioner position that resulted from a resignation. Council was prepared to make an appointment Motion by DeBettignies. Second by Droste. MOTION to appoint to the Planning Commission Jeanne R. Schwartz to fill the open commissioner term to March 31, 2006 Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 ANNOUNCEMENTS City Admnustrator Verbrugge displayed a plaque bestowed upon Mayor Droste at a Dakota County Mayors /Managers meeting. Dakota County received an award from the National Association of Counties in July for the success they have had with innovative high performance partnerships with multiple agencies to streamline efficiencies and improve delivery of services. Dakota County wished to celebrate Rosemount's participation by presenting the Mayor with this plaque. Mr. Verbrugge and Council were gratified to receive this recognition. Mayor Droste reviewed future regularly scheduled meetings. Ms. Lindquist reminded Council and staff of a Metropohtan Council Interceptor /Lift Station /Outfall Informational meeting on September 21, at 6:30 p.m. in the Council Chambers. Notices will be going to residents in eastern Rosemount Mayor Droste moved to adjourn the meeting at 8:38 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -35. 7 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary