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HomeMy WebLinkAbout6.a. Minutes of the April 12, 2006 Regular City Council ProceedingsROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 2006 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, April 4, 2006, at 7:30 p.m. m the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettignies, and Shoe Corrigan attendmg Staff members present were City Administrator Verbrugge, Assistant City Admuustrator Weitzel, City Attorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Parks and Recreation Director Schultz, Finance Director May, Communications Coordinator Cox, Chief of Pohce Kalstabakken, Fire Chief Aker, and Recording Secretary Burr. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Adrmmstrator Verbrugge additional information has been handed out related to Item 6.p., regarding the PUD for D.R. Horton. There is also an add -on, Item 9.a, for New Business He noted there is also a request to have a closed executive session at the end of tonight's meeting. City Attorney LeFevere requested a closed meeting be held under attorney -client privilege to discuss a proposed setdement of the mercury contamination claim He stated there is a need to discuss a settlement proposal during a confidential discussion among Council Members; there will be no other matters discussed Motion by Droste. Second by Baxter. Motion to adopt the Agenda with the addition of 9.a. and the executive session at the conclusion of the meeting. Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT Carol Hickman, 29370 Randolph Boulevard, Randolph, requested to distribute a handout to the Council Members. She stated that during the Council work session on March 22, an important issue was left on the table, which is the security of Vic's Crane. The summary that Kim Lindquist prepared gave the business one opuon for security, and that was to guide the property or a portion of it back to general industrial Ms Hickman continued that she understands the Council wants to see commercial m this area. She indicated the southern portion of her property is well hidden and would provide space for the existing operation, and those 15 to 18 acres could remain general industrial. Ms Hickman continued that at a meeting with the Met Council last month, she was told it is not unusual for cities to secure a longstandmg businesses using spot zoning or by writing their particular land use into zoning rules. That would mean an additional change to the business park ordmances. She requested assistance to protect her business and remain in business as it has for the last 55 years. Ted Northrup, 3645 148 Street, asked a question about Project 396. He inquired if citizens will be assessed for the street, curb and gutter, and storm sewer. He was informed money was set aside for the storm sewer. His property already has a storm sewer on the north side, and therefore he and Ins neighbors have already paid once for the storm sewer Mr. Brotzler responded property owners will not be assessed for the storm sewer. The $4,400 assessment for this is set by the City's fee resolution, which is adopted by the Council annually That assessment rate is for street and curb reconstruction project; the storm sewer will be paid out of the storm sewer find. RESPONSE TO PUBLIC COMMENT None. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Receive Donation from Office of Traffic Safety Pohce Chief Kalstabakken introduced two representatives from the Office of Traffic Safety, Bob O'Bnen and Jean Ryan. He reported Rosemount has participated in the Safe and Sober program for many years, and it has been a successful program for the City. Sgt Jim O'Leary will be accepting the award tonight; he has been coordinating the program for the department over the last couple years. Jean Ryan, Office of Traffic Safety, stated each year the leadmg cause of death ages 1 to 33 is traffic injuries. The purpose of the program is to reduce that devastation The office cannot do it without great parmershrps, and one of those great partnerships is with the Rosemount Pohce Department. Bob O'Brien thanked the Police Department for their efforts and thanked the Council for supporting them. He explained Rosemount was one of 400 cities that participated in the program but only 1 of 9 that received the laser device. Mayor Droste thanked the Ms. Ryan and Mr. O'Brien as well as the Pohce Department and their efforts on behalf of the City. CONSENT AGENDA Motion by DeBetngmes. Second by Sterner. Motion to approve the Consent Agenda, Items a. through o., with the removal of Items g, k, and p a. Minutes of the March 21, 2006 Regular City Council Proceedings and the March 22, 2006 City Council Work Session. b. Bills Listing c. Receive Donations Parks Recreation Dept. d Expenditure Approval from the Donation Account Parks Recreation Dept. e. Receive Donation DARE Fund f Budget Amendments h. AFSCME Contract 1. Hiring of a Part-time Utility Billing /Deputy Registrar Clerk j. Medical Leave for a Firefighter k. Recent Plans Specificau ns /Auth nzc Ad fir Bid 2006 Pcdestnan Facility Improvei..cnts, City Pt j„ct 100 1. Receive Plans Specificauons /Authorize Ad for Bid 2006 Pavement Management Improvements, City Project 396 m. Danner, Inc. Mineral Extraction Permit Renewal 06 -01 -ME n. Flint Hills Resources L.P. Comprehensive Plan Agreement Case 05 -62 -CP o. JJT Business Park First Addition Preliminary Plat and Final Plat 06 -03 -PP and 06 -04 FP p. Cr sscr f t 3. Addiu n D P e I I rt n) Preliminary Plat and Final Plat and Ce,,.,scr. ft 3` Addition (D R. I Itdton) PUD Major Amendment 06 07 PP and 06 09 FP and 06 OS AIM Council Member Shoe Corrigan requested to pull Item 6 k. from the Consent Agenda. Council Member Baxter requested to pull Item 6.g. from the Consent Agenda. Mayor Droste requested to pull Item 6.p. from the Consent Agenda. Ayes: 5. Nays: 0. Motion carried. Council Member Baxter stated he pulled 6.g. because the Council recently went through the process of appointing new members to the Parks and Recreation, Port Authority and Planning Commissions. In this case, there were more applications than there were vacancies or openings. At the time, the Council encouraged the other applicants to become involved m other ways m the City. Council Member Baxter continued that he wanted to take this chance to say how proud he is of the City and its volunteers and encouraged anyone who is interested to get involved in Leprechaun Days. Motion by Baxter. Second by Shoe Corrigan. Motion to approve the 2006 Service Agreement with the Rosemount Leprechaun Days Committee. Ayes: 5. Nays: 0. Motion carried. Council Member Shoe Corrigan asked about the replacement of the bituminous trail with a concrete sidewalk m City Project 400. She asked if it is a policy change to have a segment trail along a trail that is already bituminous City Engineer Brotzler responded the reason for the replacement is the fact that there are properties with driveways accessing Shannon Parkway In 2003 and 2004, the City overlaid trails along Shannon Parkway but was not able to maintain that section because of the driveways The concrete is longer-lasting, more durable and will require less maintenance. He stated the challenge is the driveways and the way the grades work. Mr Brotzler continued when the City overlays a trail, it raises the profile of the trail 2 inches. It creates a lot of work to get the driveways to match. He clanfied this is not something to be promoted as a standard; this is an isolated situation. Council Member Sterner asked about the completion date for the segments of the trail on the west side of Shannon. Mr. Brotzler responded both segments along the trail are further down on the priority list. As funds become available m the future, they may become repriontized. But at this point in time, there is no completion date for the segments on the west side of that trail Council Member Shoe Corrigan asked if there will be bituminous on both sides of Shannon Parkway because there are no driveways along there. Mr Brotzler responded that is correct. He added that for long -term maintenance, he would recommend moving to a two -trail system except where there are sidewalks. Mr. Brotzler explained the City's pohcy of mamtauung sidewalks when they back up to private property. Council Member Sterner asked if, around these three trail segments, surrounding homeowners will be required to maintain the trail. Mr Brotzler that his expectation is the City would maintain those areas being on a collector street. Motion by Shoe Corrigan. Second by Baxter. Motion to adopt a resolution receiving plans and specifications and authorizing advertisement of bids for the 2006 pedestrian facility improvements, City Project #400. Ayes: 5. Nays: 0. Motion carried. Mayor Droste asked Ms. Lindquist to address item 6.p. Community Development Director Lindquist stated this item was pulled from the Consent Agenda because of the change to the PUD. The change clarifies the building elevations that were omitted in the previous packet that went to the Council. Motion by Shoe Corrigan. Second by Council Member DeBettigmes. Motion to adopt a resolution approving the Prehmmary Plat and Final Plat, subject to conditions; to adopt a resolution approving the PUD Major Amendment, subject to conditions, to authorize execution of the Subdivision Agreement; and to authorize execution of the PUD Amendment Agreement. Ayes: 5. Nays: 0. Motion carried. PUBLIC HEARING 7.a. Public Drainage and Utility Easement Vacation Rosemount Business Park 2 Addition Community Development Director Lindquist stated this follows up on a project the city has been working on for a long time With the inclusion of Oudot A into the JJT Business Park First Addition plat, the existing 10 -foot drainage and utthty easement needs to be vacated. It is Important not to have those old easements m place after the properties are combined. She stated this is a very straightforward vacation of the easement. Mayor Droste opened the hearing at 8:00 p.m. Motion by Droste. Second by Shoe Corrigan Motion to close the public heanng. Ayes: 5. Nays: 0. Motion carried. The pubhc heanng was closed at 8.04 p.m. Motion by DeBettigmes. Second by Shoe- Corrigan. Motion to adopt the resolution vacating a public drainage and utthty easement on Oudot A, ROSEMOUNT BUSINESS PARK SECOND ADDITION, Dakota County, Minnesota Ayes: 5. Nays: 0. Motion carried. OLD BUSINESS None. NEW BUSINESS 9.a. Industrial Districts Zoning Text Amendment for the BP Business Park and LI Light Industrial Districts Case 05 -48 -TA Community Development Director Lindquist stated the Planning Commission has reviewed this draft ordinance four or five times, and the Council discussed it at a work session. The main issue is to clarify the issue of outside storage. Based upon Council direction, this draft allows no outside storage m the business park district. Ms. Lindquist noted there is an outside storage provision m light industrial. Under the existing Comprehensive Plan, the language for business park does allow for some light industrial if it meets the goals of the Comp Plan as determined by the Council. In the future, this Council will recognize there may be some light industrial areas inside of Business Park should Council Members feel it meets the objectives of the Comp Plan. Ms. Lindquist stated staff does disagree with the Planning Commission recommendation in one area. The Planning Commission suggested that warehousing, wholesaling, and distribution uses be a conditional use. Theca primary concern was for traffic; they felt traffic impact should be reviewed. Ms Lindquist continued that staff received feedback throughout this process about the concern of having that use along with the 60- to 90 -day review period for a conditional use, noting that that use is very similar to other types of uses In fact, almost all kinds of manufacturing or showroom have some kind of warehousing function. The feedback was in favor of having that as a permitted use Ms. Lindquist continued as a result of that feedback, as well as the Council's discussion at the previous work session, it is staff's understanding that the Council is comfortable with higher traffic generating businesses as permitted uses. The draft before the Council allows warehousing, wholesaling and distribution as a permitted use, which is contrary to the Planning Commission's recommendation. Ms. Lindquist asked that Motion 1 be modified to read Section 11 -4-15 -1 and Motion 2 should read Section 11- 4-15 -2 Staff is trying to compartmentalize the industrial districts into one location in the zoning ordinance Because of the way this is structured, this numbering sequence works better. Ms. Lindquist noted the add -on item under New Business. Staff is asking Council to pass two resolutions authorizing publication of the ordinance that allows publication to give a brief overview of the amendment rather than publishmg the entire ordinance. This is a cost related issue Council Member Baxter stated there are businesses with outdoor storage that can be handled well. His recollection was part of business park could be rezoned light Industrial which would allow for outdoor storage. Ms Lindquist responded that is correct. Council Member Baxter asked if that rezoning would require a simple majority of the Council Ms. Lindquist responded that is correct. Council Member Sterner asked about Vic's Crane and whether it would be allowed to have outdoor storage under the new ordinance. Ms. Lindquist responded Vic's Crane property is zoned general industrial, which does not fall under either of the zoning amendments She clarified Ms. Hickman will be asking to be reguided general industrial and ask to remain both zoned and guided general industrial rather than the business park designation. Council Member DeBettigmes stated the City used to have a Business Park 1, 2, 3, and 4. Now those designations have been ehmmated, and business park and light industrial will be in its place. Ms. Lindquist responded that is correct Mayor Droste stated the map will show business park, but the Comprehensive Plan says light industrial is allowed. Motion by DeBettigmes Second by Shoe Corrigan. Motion to adopt an Ordinance amending Section 11- 4 -15 -1 of the City Code regarding the BP Business Park Zorung District. Ayes: 5. Nays: 0. Motion carried. Motion by DeBettigmes. Second by Shoe Corrigan. Motion to adopt an Ordinance amending Section 11- 4 -15 -2 of the Rosemount City Code creating the New LI Light Industrial Distract. Ayes: 5. Nays: 0. Motion carried. Motion by DeBemgmes. Second by Shoe Corrigan. Motion to adopt an Ordinance amending Section 11 -1 -4 of the Rosemount City Code Creating New Definitions for the Terms Office Showroom, Office Warehouse, Light Manufacturing, and Medium Manufacturing Ayes: 5. Nays: 0. Motion carried. Motion by DeBettigmes. Second by Shoe- Corngan. Motion to approve a Resolution Authorizing Publication of Ordinance No B -168 an Ordinance Amending the Rosemount City Code by Striking Section 11 -4 -15 Regarding the BP Business Park Zoning District and Replacing it with Section 11 -4- 15-1 the New BP- Business Park District and a Resolution Authorizing Publication of Ordinance No. B -169 an Ordinance Amending Section 11 -4 -15 of the Rosemount City Code by Adding Section 11- 4 -15 -2 Creating the New Light Industrial Distract. Ayes: 5. Nays: 0. Motion carried. 9.b. Business Park Classifications Rezoning Class 06 22 ZA Community Development Director Lindquist stated this rezoning item is to consolidate the actual properties that are zoned BP -1, 2, 3, and 4 so they are all zoned BP and subject to the ordinance just approved. Motion by Baxter. Second by Shoe Corrigan. Motion to adopt the attached Ordinance rezoning all BP Business Park 1, 2, 3, and 4 District to BP Business Park. Ayes: 5. Nays: 0. Motion carried. 9.c. Transportation Plan City Engineer Brotzler stated before the Council is the final draft transportation plan. This was reviewed with the Council at a work session in December. At that time there were several comments and questions raised by the Council. Mr. Brotzler stated one comment at the time was snowmobiling use in the City. A section at 2.2 in the report was added addressing snowmobiling Mr. Brotzler indicated another question raised was the intersection 42 and Shannon Parkway. One question was the cross- section of 42. Mr. Brotzler continued the other was a sight distance issue when making left turns from Shannon Parkway onto 42 which is created by the geometries of the intersection. The resolution of that would require additional review as far as significant intersection improvement and signal system modifications. Mr. Brotzler stated at this time there is no Council direction to do anything to move forward with that. The other issue raised was reconfiguring the lanes along the entire length of Shannon Parkway. He recommends the City look at that intersection when reconfiguring the lanes along Shannon Parkway. Mr. Brotzler noted the plan has Diamond Path as a collector street. Finally, there was discussion about the High School Street driveway access at Highway 3 The challenges of that intersection were discussed. The final draft plan that is presented tomght does call for future unprovements. Because that is a State highway and a school district street, it will take the State and school district to work out that matter. Mr. Brotzler stated pending Council approval of the plan; the draft stamp will remain on the plan It will then be submitted to the Met Council as a Comp Plan amendment. Following their approval of the amendment, the draft stamp would be removed and it would be bound and available for Council members and others. He added Chuck Rickart and Peter Langworthy are present tomght to discuss the details of the plan. Chuck Rickart stated this plan has been a long process. The purpose of the plan is to document the existing transportation system and plan for the future The public process was participated in early on in the planning and now the plan is ready to be presented to the Met Council. Peter Langworthy outlined the structure of the document. It includes the introduction, existing transportation conditions and issues, trends and planning considerations, future Rosemount transportation needs, and a transportation plan. Mr. Langworthy highlighted the existing transportation conditions and issues. He provided background on the process. He defined the roadway functional classifications and outlined the roadway junsdictional classification. Then the existing traffic levels were documented. Mr. Langworthy continued outlining a number of the existing transportation conditions. He discussed Shannon Parkway and challenge of lane continuity. There are three locations that may potentially need traffic signals. He discussed the increased usage of Chili and noted there may need to be a redesign at some point. He noted the congestion on T.H. 3 may warrant a redesign at some point. Mr. Langworthy provided an overview of the trends and planning considerations. He provided an outline of the documents referenced in preparing this section Mr Langworthy outlined the analysis of transportation needs. He stated future development was considered heavily in this section. From an access and capacity perspective, they looked at future land use. The 2000 Rosemount Comp Plan was looked at and was updated with the Land Use and Transportation Plan which came out of the 42/52 study He stated that land use information was used to define access needs and forecast traffic levels on primary roadways within the City Using a computer traffic modeling program, they created 2025 traffic forecast levels. Mr. Langworthy displayed the land use plan used for the 2025 traffic forecast levels. Regarding the forecast plan, it was broken into five -year increments. He read through the projects for the first five years, from 2006 through 2010. He stated the transportation plan is used to generate a plan for using forward. Mr. Langworthy stated access management is a critical component of transportation planning He recommended City standards for access management, and they are based on the State's standards. He noted the County does have different standards. Mr. Langworthy stated another key component of the transportation plan is the 2025 functional classification network. He displayed the 2025 functional classification network on the overhead. He discussed right -of -way standards for the different classifications for major and minor connectors and local streets. He noted the County has its own standards for the County roadways. Mr. Langworthy stated the plan addressed non motorized transportation issues, including transit and trails. For trails, the plan recommends the existing practice of, at a minimum, a trail on one side and sidewalk on the other side of connector -level roadways. The plan also includes analysis of the new City trail from downtown to the nver. Council Member Sterner thanked Mr. Langworthy for the level of detail of the plan. He inquired about Dodd Boulevard and if it is classified as a collector m its entirety. Langworthy responded it is identified as a collector west of the Chippendale. Council Member Baxter stated a lot of transportation issues depend on cooperation by Mn- DOT and Dakota County. He asked if there is a way to become more involved with the decisions those entities are making. Mr. Brotzler responded staff has regular contact and interaction with Dakota County. There are regular meetings as they develop their annual CIP On an annual basis the Council approves a letter requesting projects in the CIP and ultimately a resolution is passed that gives support for the projects on the CIP He added there are some minor projects the City has requested m the past that have not yet made the CIP. Mr. Brotzler continued a big issue is the 42/52 interchange project and the scope of that and the long -range planning involved. He stated with Mn -DOT, discussions tend to be more sporadic He recommended perseverance in constantly putting the City's issues on the front page for Mn -DOT staff to help move things along. Staff is considering a Mn -DOT tour of the City sometime this summer to help them see the issues facing the City first -hand. Mayor Droste stated this plan implies increased congestion. Regarding transit, it is a way to reheve congesuon If the City does not put it in its plan, at 2020 or 2025, the City will face congestion because it was not planned for Mr Rickart stated transit in a lot of these transportation plans does not get as much attention as it should. He expressed agreement that that portion of the plan could be beefed up He stated Dakota County and Mn -DOT receive a copy of this plan, and the County provides its plan as well. Council Member Baxter stated he appreciates the work gone into this plan. His concern is the City has to continue to be active on this transportation issue. The Council and staff have to be involved. Council Member DeBettignies stated he talked about entering partnerships with the DCTC and the University of Minnesota Trying to coordinate student transportation back and forth from residential areas is also an issue There is a lot of growth opportunity, and he is glad the plan looks forward. Mr. Rickart stated early on stakeholder meetings were held; the University and DCTC were involved m that process. Through some of the projects being worked on, the City will be working with them much more. Council Member DeBetugmes asked about a left -hand turn lane for Shannon Parkway. Mr. Brotzler responded that is an issue that can be evaluated. He noted all modifications come with a cost. Regarding signals on 42 and a protective left -turn lane on Shannon Parkway, that is more of a County issue and how they set that system up. Council Member DeBettgmes stated with the high number of accidents at these intersections, he assumes the Council would allow turn signals. Mr Rickart responded when the City was working on this m 2003, the County said no to the signals. At this point staff can go back to the County and see what can be done. Council Member Shoe Corrigan asked if the document addressed a turn lane on County Road 38. She noted people are pulling onto the shoulders to make turns. Mr. Brotzler stated one of the items that has been included in the annual letter to the County is a bypass lane on 38 and a right -turn lane at Shannon Parkway. The County's response has been there is no record of there being any issues there, there are not significant numbers of accidents at that intersection. People are making lanes on the shoulder, but at the same time it results in a solution so that the County does not feel it needs to respond with improvements Council Member Shoe Corrigan asked what other measurements the County utilizes, other than the shoulder. Mayor Droste asked if a traffic counter can be put on a shoulder. Mx. Brotzler stated there are the same issues on Highway 3 There have been a few occasions where the police have gone out and actively enforced that. It does create a safety issue, but it is not a very enforceable matter. It is a challenging situation but something staff is aware of. He suggested with this year's request to Dakota County, a renewed effort be made to urge them to make improvements at that intersection. Council Member Sterner asked if all neighboring communities were contacted with this plan, including Farmington and Empire Township Mr Brotzler responded the plan was sent out to all communities required by the Met Council. Farmington is not contiguous so it was hkely not sent to them; Empire Township did receive it but did not send back comments. Council Member Sterner asked about the recommendations on page 15. Mr Langworthy stated those are the recommendations from the inter regional corridor study One of the projects, the 117 Street Interchange on STH 52 m Inver Grove Heights, has been completed. Mr. Brotzler noted that closmg the Pine Bend Trail access was part of a plan that was done with the inter regional corridor as well as the 52/42 interchange study. Council Member Sterner questioned some of the classifications of the roads as collectors. He thought a number of roads should be identified as collectors and currently are not. Mr. Brotzler explained how roads are determined to be collectors. Council Member Sterner asked if this transportation plan has to be approved tonight. Mr. Brotzler responded the timing is up to the Council. The public hearings have been held, and now it is appropriate for Council to consider it. Mayor Droste noted there are some minor typos that will be cleaned up by staff prior to Council approval. Council Member Sterner stated there are a couple of areas he would like to work with staff on clarifying items. Council Member Shoe Corrigan stated she would like the item back under Old Business at the next Council meeting to review modifications. Mayor Droste stated the transit component needs to be figured out. Community Development Director Lindquist stated transit and other issues will be revisited in the future as well. Motion by Sterner Second by Shoe Corngan. Motion to table the Final Draft Transportation Plan until the next most practical future Council meeting. Ayes: 5. Nays: 0. Motion carried. ANNOUNCEMENTS City Adnumstrator Verbrugge provided a legislative update. There has been quite a bit of news regarding disclosure of negotiations between the University of Minnesota and a number of parties that has led to new legislation that would involve sale and transfer of land of the University's research property that is partially in Rosemount and partially in Empire Township. While the media has reported that the 3,000 acres is in Rosemount, the land is all within Empire Township, at least those that are still subject to negotiations. Mr. Brotzler noted the Utility Commission meeting scheduled for April 10 has been cancelled and is in the process of being rescheduled for April 17, though that is still unconfirmed. Mayor Droste reviewed regularly scheduled meetings on the City calendar as well as an egg hunt scheduled for April S. Mr. Verbrugge noted the Council work session m May is scheduled for the 10 However, he and Mr Brotzler will be at respective state association meetings and would like to reschedule. The Council decided to reschedule it for the 24th. City Attorney stated the Council may want to reconvene after the executive session to take action on the settlement agreement if the Council wishes to approve it. Mayor Droste moved to recess into executive session to discuss the mercury contamination issue He noted the Council will be reconvening following the executive session. Second by Sterner. Ayes 5. Nays: 0. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 9:40 p.m. Second by Sterner. Ayes: 5. Nays 0. The meeting was adjourned. Respectfully submitted, Allison Burr, Recording Secretary