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HomeMy WebLinkAbout6.a. Minutes of July 19, 2005 Regular City Council Meetingi [ELI 06 A ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, July 19, 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 Shoe Corrigan, Sterner, Baxter, and DeBettignies attending. Staff members present were City Administrator Verbrugge, Assistant City Adnumstrator Weitzel, City Attorney LeFevere, Parks Recreation Director Schultz, Communications Coordinator Cox, Pohce Chief Kalstabakken, Community Development Director Lindquist, and City Engineer Brotzler. The Pledge of Allegiance was said City Administrator Verbrugge presented a revision to the minutes of June 15, 2005, page 2, and additional information for items 6.j. City Project 394, 8.a. GlenRose PUD and 8 b. 42/52 Corridor Comprehensive Guide Plan Amendment. Also, one agenda add -on item was presented, Authorize Letter of Support to the City of Eagan for improvements to Highway 149 from Highway 55 and I -494. Council Member DeBetttgmes moved to accept the agenda with the addition of Item 6.n. Authorize Letter of Support and accept the revision to item 6.c., and additional information for items 6.j., 8a. and 8.b. Second by Sterner. Ayes: Five. Nays: None. The agenda was adopted. Public Comment Tad Johnson from the Leprechaun Days Committee invited the viewing public to attend some of the 45 events planned from July 22 to July 31 for the Leprechaun Days celebration. Mr. Johnson highlighted some of the events and noted that the fishing derby was cancelled this year. Mayor Droste noted that City Council appreciated the work the committee was doing to have a successful celebration. Response to Public Comment City Administrator Verbrugge reported on Robert Pfaff's comments about the slow maintenance of streetlights. Verbrugge said that Xcel Energy handles maintenance on the majority of streetlights for the Rosemount area. After speaking with Xcel the streetlight was replaced the next day. City Adnumstrator Verbrugge noted he appreciated Mr. Pfaff's bringing this to his attention. Consent Agenda Council Member Sterner asked to pull for discussion Consent Agenda Item 6.k Change Order #1 for Well No. 14, City Project 382. MOTION by DeBettignies to approve the Consent Agenda with revisions to the minutes of the June 15 Work Session and additional information for Item 6.) and the add -on 6.n. Authorize Letter of Support; and the removal of 6.k. for discussion. Second by Sterner. 1 Ayes: Shoe Corrigan, Droste, Baxter, Sterner and DeBettignies. Nays: None. Motion carried. a. Minutes of July 5, 2005 Regular City Council Meeting b. Minutes of May 31, 2005 City Council Work Session c. Minutes of June 15, 2005 City Council Work Session (revised page 2) d. Bills Listing e. Receive Donations for Parks Recreation f. Expenditure Approval from the Donations Account for Parks Recreation g. Redesignation of Prior Years' Encumbered Funds h. Set Public Hearing for New Off -Sale 3.2% Malt Liquor License Application for ALDI Inc. i. Receive Plans Spec's /Authorize Ad for Bid Glendalough 6th Addition Street Utility Improvements, City Project 395 1. Receive Bids /Award Contract Harmony 2 Addition Street Utility Improvements, City Project 394 Bid results, Ryan Contracting for $1,416,821.90 Pulled for discussion 1. Resolution of Support for Livable Communities Grant m. Weierke Lot Spht (Marthaler Property) and Lot Combination 05- 28 -LS /LC n. Add -On Authorize Letter of Support ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 2005 Change Order #1 for Well No. 14 City Project 382 Council Member Sterner asked staff to explain the design change and how it would affect water flow. City Engineer Brotzler noted that two wells are now in the process of development Well No. 12 and Well No. 14. The sinking of the well begins with setung double walled pipe that is 30 inches wide for the first 188 feet. In the drilling for Well No. 14 the 30 -inch casing came to refusal at 138 feet. The casing then needs to be decreased in size by using 24 -inch wide pipe to 188 feet. The resulting Change Order decreases the contract price by $45.00 and increases the contract time by 46 days. The well will be drilled to approximately 400 feet with 18 -inch casings from 188 feet down. With the recent hot and dry weather, the City pumped over 6 million gallons on July 14. Normal average day water usage is 2 million gallons per day. The City recently brought Well 12 online and is utilizing a standby generator to provide power until Xcel Energy dehvers permanent power to the site. MOTION by Sterner to approve Change Order #1 to Well No. 14, City Project 382 and authorize the necessary signatures. Second by Shoe Corrigan. Ayes: Droste, Baxter, Sterner, DeBettignies, Shoe- Corrigan. Nays: None. Motion carried. GlenRose of Rosemount Rezoning to PUD R -2 and GlenRose of Rosemount Preliminary Plat and PUD Master Development Plan Case 05 -15 -ZA and Case 05- 16-PP 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 2005 Community Development Director Lindquist reviewed the revised site plan which is the basis for the Master Development Plan. The applicant, Dean Johnson Homes Inc., plans to build 76 units on a 10.7 acre site north of St. Joseph's cemetery. The site is difficult due to its topography and single access onto Highway 3. The site plan presents the access road on Highway 3 aligned with the Community Center entrance. The roads will be private with a width of 28 feet for the main collector street and 20 foot wide local streets. All setback requirements were met. A new recommended condition of approval requires dedication of an easement for an underpass on Highway 3 to connect to the Community Center and high school for pedestrian safety. Staff anticipates that the cost is very high for either an underpass or overpass. The buildings will include 34 row house units and 42 townhouses in seven six- plexes. There will be two types of row houses. Building elevations were discussed. Council Member Shoe Corrigan requested an additional condition that the deck rails not be narrow wrought iron. Shoe Corrigan asked that the rails be substantial adding to the relief of the buildings. Condition 22. was written for this purpose. The Council asked questions about the tree preservation requirements and the ordinance landscape standards It was clarified that the development met the requirements for both standards, and the landscaping was not "double counted." MOTION by Shoe- Corrigan to adopt an ordinance rezoning the property to PUD R -2, Moderate Density Residential PUD. Second by DeBettignies. Ayes: Baxter, Sterner, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. MOTION by Shoe Corrigan to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT AND PUD MASTER DEVELOPMENT PLAN FOR GLENROSE subject to conditions with the addition of two; 21. The applicant shall dedicate a public trail and access easement over 100' between the Highway 3 and the southern private street for an underpass and a 10' easement for a sidewalk system along the southern side of the private drive to hnk with the sidewalk shown on the plans date stamped July 12, 2005 adjacent to the overlook. The applicant is required to install a 5' sidewalk in back of the curb of the private drive around the pond, terminating at the private driveway of some reasonable location acceptable to staff. The applicant shall dedicate a 400' temporary easement between Highway 3 and the western pnvate drive that shall be in effect until such time as the City constructs an underpass or vacates the easement To facilitate the future construction of the underpass the southern pnvate drive shall have a 945.1 elevation at the western edge.; and, 22. to be formatted by staff to allow for modifications to the front facade of building 1 and address the rails and decking of the building. Second by Sterner. Ayes: Sterner, DeBettignies, Shoe Corrigan, Droste, Baxter Nays None. Motion carried. Mayor Droste called for a ten minute recess. The meeting was reconvened at 8:21 p.m. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 2005 42/52 Corridor Comprehensive Guide Plan Amendment 05 -27 -CP Community Development Director Lindquist reviewed the history of the 42/52 land use study. City Council appointed a 42/52 Land Use Group to examine land use options in the eastern two- thirds of the City. The members of the group were Mark DeBettignies, John Powell, Kathy Boudreau, Don Kern, Valerie Schultz, and Jonathan Wilmshurst representing various businesses and the City. The Akron area will be the first area for MUSA expansion with commercial on CR 42 with residential housing to the north. There are three major land owners that have requested modifications to the proposed Plan. The Courteau family has requested that their two land holdings remain as recommended by the Planning Commission Representatives from ARCON /Pemton's builders noted they felt the amount of land zoned for commercial was high, however, they would agree to 60 acres of commercial as depicted in the submitted concept plan. The Planning Commission had recommended 80 acres for commercial development. An additional letter was received from Fhnt Hills Resources, dated July 19, 2005, in which concerns were noted about the residential development east of Akron Avenue and its close proximity to their facility. Also, Chief of Police Kalstabakken issued a memo with background on the Union Pacific Rail Spur in the Flint Hills Area He reported that in the last five years there have only been three chemical release incidents combined for Minnesota, Ilhnois, Iowa and Wisconsin. Council Member Sterner raised concern for the safety of residents within a three -mile radius of the Fhnt Hills Refinery. Sterner presented information gathered from several government agencies on refineries There are 36 refineries in the United States Many cherrucals and emissions from them irritate humans. Most reported incidents from residents in Minnesota have been nuisance related issues. Sterner was firmly against any residential zoning within the three -mile radius. City Attorney LeFevere pointed out that land use decisions need to consider safety and avoid unreasonable risks along with other land use and Council goals. LeFevere stated that often zoning cannot reduce all risks to zero To reduce to a zero risk can impose a burden to the landowners. If a nuisance or something causes interference in the future, then expansion of the use should be limited. LeFevere encouraged "common sense" thinking because everything has some risk. The City wants to increase its tax base, add jobs in the city and obtain parklands for residents. It is reasonable to plan for future growth with land use designations. Council Member Sterner did not want residential housing mixed with commercial. He cited the Burnsville Center as an example of separated zoning. Community Development Director Lindquist stated that for safety reasons, the land use designations do not include daycare centers or senior living centers located in industrial areas. Any event that would put lives m danger would be considered an extraordinary event which is unpredictable. There are no federal or state guidelines pubhshed to advise cities how to zone around refineries. Police Chief Kalstabakken stated that industries with certain thresholds of hazardous materials on site are required to file an Emergency Response Plan, required by EPA, which describes the facilities worse case scenario. Flint Hills is required to file a plan and the worst case scenario does show an impact off -site of up to three miles away. However, worse case scenarios are not based upon probabilities and many industries 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 2005 required to file plans include in their plans statements that the worse case scenario is not a likely event. Worse case scenarios are somewhat "dooms day" scenarios that may not even be probable. Each release of a hazardous material will have different consequences as a a result of many factors, including, wind, weather, type of hazardous material, redundancy of systems at the facility, response time of emergency repair staff, etc. Larry Frank from ARCON commented that 60 acres for commercial is very large. He compared it to the size of Rosedale Mall Elroy South asked about the industrial mixed use and when it will start Mayor Droste noted that the housing market will drive the MUSA boundary. Cin- Engineer Brotzler said that infrastructure improvements will occur with development. The Comprehensive Guide Plan helps manage this growth. Community Development Director Lindgmst proposed a new density designation, medium density. Urban density would be 1 4 units, medium would be 4 -8 units, and high density would be 8 or more. It was explained that changing the guided land use would not change property owners taxes because the tax assessor bases the property taxes on the current land use. Council Member Baxter noted that government has to make a collaborative decision for land use. He was not willing to have landowners pay the price for a three -mile buffer zone around the industrial area. Baxter commended Sterner for his extensive research but sided with the recommendation of the Planning Commission and staff. Council Member DeBettigmes thanked Council for the opportunity to serve on the 42/52 Land Use Group for the past six months. He explained that the study group discussed a variety of issues and their recommendation was modified slightly by the Planning Commission based upon new information. MOTION by DeBettignies to approve A RESOLUTION APPROVING THE COMPREHENSIVE GUIDE PLAN AMENDMENT TO REGUIDE PROPERTIES LOCATED IN THE 42/52 CORRIDOR STUDY AREA. Second by Baxter. Ayes: DeBettigmes, Shoe Corrigan, Droste, Baxter. Nays: Sterner. Motion carried. Announcements Mayor Droste announced the Leprechaun Days celebration July 22 to 31. He then reviewed the upcoming regular and special meetings. Mayor Droste moved to adjourn the meeting at 10:05 p.m. Second by Sterner. Ayes: Five. Nays. None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -29. 5 Respectfully submitted, Linda Jenunk, City Clerk Recording Secretary