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HomeMy WebLinkAbout6.c. Minutes of the December 19, 2006 Regular City Council ProceedingsMotion by Droste. Second by Baxter. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 19, 2006, at 7.30 p m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies and Sterner attending. Council Member Shoe Corrigan was absent. Staff members present were City Administrator Verbrugge, City Attorney LeFevere, Director of Parks and Recreation Schultz, Finance Director May, City Engineer Brotzler, Community Development Director Lindquist, Communications Coordinator Cox and City Clerk Domeier. ADDITIONS TO AGENDA City Admuvstrator Verbrugge stated the changes to the Agenda included the addition of Consent Agenda items 6.w Acquisition of Easements Old County Road 38/132n Court West, City Project #387 and 6.x. Waiver of right of first refusal to purchase FTTH franchise. He also stated additional plans and resident correspondence were added to Item 9.a. Rosemount Family Housing (Dakota County Community Development Agency) Comprehensive Plan Amendment, Rezoning, Prehminary Plat, and PUD Final Development Plan, Case 06- 54-CP, 06- 55 -ZA, 06- 56 -PP, 06 -58 -PUD. Motion to adopt the Agenda with the addition of Items 6.w. and 6.x. and with additional information for Item 9.a. Ayes: 4. Nays: 0. Absent: Shoe Corrigan. Motion carried. CONSENT AGENDA Sterner pulled Item 6.g. Expenditure Approval from the Donation Account Parks Recreation Dept. for further discussion. Motion by Baxter. Second by DeBettignies. Motion to approve the consent agenda with the exception of Item 6 g. and the addition of add -ons. a. Minutes of the November 1, 2006 Special City Council Work Session Proceedings b. Minutes of the November 7, 2006 Regular City Council Proceedings c. Minutes of the November 13,2006 Special City Council Proceedings d. Minutes of the November 15, 2006 City Council Work Session Proceedings e. Minutes of the December 4, 2006 Special City Council Proceedings f. Bills Listing g. Expenditure Approval from the Donation Account Parks Recreation Dcpt. h. Budget Amendments (Resolution 2006 -127) 1. 2007 Schedule of Rates and Fees (Resolution 2006 -128) j. On Public Premise Liquor Licenses k. WSB Contract Renewal 1. Non -Union Wage Adjustments for 2007 m. Appointment of Port Authority Members n. 2007 Solid Waste Haulers Licenses o. Joint Powers Agreement for Waste Abatement Community Funding p. Final Payment #16, Meadows of Bloomfield 1 2 Street and Utility Improvements, City Project #351 q. Final Payment #7, 2006 Pavement Management Project, City Project #396 r. Final Payment #4, 2006 Pedestrian Facilities Improvements, City Project #400 s. Shafer Contracting Mineral Extraction Permit, 06 -05 -ME t Commercial and Industrial Districts Zoning Text Amendment Clean Up, 06-60 TA u. Approve Final Payments for Fire Station No. 2 Contractors v. VEBA /Post Retirement Health Care Funding Plan (LELS Supervisory Unit) w. Acquisition of Easements Old County Road 38/132"' Court West, City Project #387 x. Waiver of right of first refusal to purchase U1 1H franchise (Resolution 2006 -27) Ayes: DeBettignies, Droste, Sterner, Baxter. Nays: None. Absent: Shoe Corrigan. Motion carried. 6.g. Expenditure Approval from the Donation Account Parks Recreation Dept. Council Member Sterner pulled Item 6.g. to amend the amount of the pizza listed in the motion. He noted the amount of pizza should be $81.00 City Administrator Verbrugge stated the motion should read "Motion to approve the donation expenditure of $350 for DJ Services in November and $81 for pizza in October, for the Teen Night program" Motion by Sterner. Second by DeBettignies. Motion to approve item 6.g. as stated by City Administrator. Ayes: Droste, Sterner, Baxter, DeBettignies. Nays: None. Absent: Shoe Corrigan. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 OLD BUSINESS 8.a. CSAH 42 and Akron Avenue AUAR, 06 -16 -CP City Engineer Brotzler stated that m February the City Council authorized the creation of the AUAR for development north of County Road 42 along both sides of Akron Avenue. In September, the City Council authorized the release of the AUAR for the 30 -day public comment penod. He stated that Andrea Moffit, from WSB Associates, would be giving a presentation highlighting the comments received for the AUAR and to discuss the draft responses. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 Ms. Moffit provided the Council Members with the update of the AUAR. She outlined the comments received and the draft responses. She noted the responses would need to be released to the commenting agencies for a final 10 -day review. After the 10 -day review penod expires, staff will bring the final AUAR before the City Council in early February for adoption. Ms. Moffit stated the AUAR will guide development in the Akron Avenue area. Mayor Droste questioned if the unlicensed dump on the McMenomy's property was officially remedied Ms. Moffit responded that a 1993 letter from Dakota County states the area that had issues were addressed and remedied. Mayor Droste questioned the transportation area of the plan. Mr. Brotzler responded that the draft transportation plan did include the area and the land use plan was included He added that staff has had numerous discussions with County staff about the impacts to County Road 42, improvements to County Road 73 and other impacts to Highway 3. Mr. Brotzler stated that as development occurs knowing what improvements need to be made the City would have the ability to make the improvements at that time Mayor Droste further questioned if the County had to approve the Transportation Plan developed by the City.. Mr. Brotzler responded that while County approval is not the normal process, the County was given an opportunity to review and comment on the Plan He was not aware of any comments received. Motion by DeBettignies. Second by Sterner. Motion to approve the responses to the comments received during the 30 -day public comment period of the CSAH 42 and Akron Avenue AUAR and authorize the release of the revised AUAR for a 10 -day agency review period. Ayes: Sterner, Baxter, DeBettignies, Droste. Nays: None. Absent: Shoe Corrigan. Motion carried. Mayor Droste stated he appreciated Ms. Moffit's hard work on the project. NEW BUSINESS 9.a. Rosemount Family Housing Community Development Director Lindquist reviewed the background of the project. Ms. Lindquist stated the Dakota County CDA has worked with Lennar, the developer of the property to the west, to provide joint access to the site from Connemara Trail. The CDA has a purchase agreement for the portion of the Outlot D of Evermoor Glendalough 7 Addition that would provide a direct access from Connemara Trail in the general location of the former Dodd Boulevard. Due to the additional property purchase, the CDA revised its concept plan so there are now 32 units. She further stated that CDA is requesting approval of the PUD Final Development Plan. The Final Plat for the development is expected in January 2007. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 Ms. Lindquist stated that another issue was the drawings related to the elevations of the individual buildings project. Staff asked for modifications to the elevations to allow for architectural enhancements on the side and rear of the buildings. She noted that the CDA has added shake shingles and changes to the exterior materials which meet staff's expectations. The other request staff made was for additional landscaping along the Glendalough neighborhood and potentially along Hwy 3. She stated that the CDA was willing to work with staff to meet landscaping requirements. Council Member Sterner questioned if the project will meet LEED standards. Ms. Lindquist stated that the CDA will be able to address that question during their presentation. Mayor Droste inquired if the gas line was lowered this past summer. City Engineer Brotzler stated the proposed street crossing does not require modification of the existing gas Imes. Mayor Droste further questioned if the intersection and Connemara Trail to the north meet all codes Mr. Brotzler responded the intersection and proposed ahgnment meet the expected requirements for a local street. He added staff worked with the CDA and Lennar to reach the solution which improved the access situation. Council Member Baxter stated that the previous concern at the Planning Commission level, from Lennar and residents was about the access plan. He noted that based upon the recent meetings not many comments were related to the access. Ms. Lindquist stated that her understandmg was that Lennar was happy with the proposed access that it works for the neighborhood and future development. Council Member Baxter inquired if based upon the addition of land and units if the density changed. Ms. Lindquist stated the density is 6 86 and that on a net basis the density is higher. Council Member Baxter questioned if any comments were received about the increase in density. Ms. Lindquist stated that the Planning Commission did not have comments about the change m density. Council Member DeBettignies questioned the parking stall limit noting there were two extra parking stalls Ms. Lindquist responded that the management office requires the additional two parking stalls Mark Ulfers, Executive Director of the Dakota County CDA and Kim Brethren, Architect for the project were present at the meeting. Mr. Brethren stated the CDA went further on the architecture of the project then normal. He stated they focused attention along Connemara Trail. Council Member Sterner questioned if the project would meet the LEED building standards. Mr. Brethien responded that there were two different LEED programs The CDA could not meet the density for one of the LEED categories He stated the CDA could apply the LEED standards for the insulation and becoming energy efficient. Mr. Ulfers added that a goal of the project is to make it energy star compliant. Mayor Droste stated it would be great for the County to meet the standards. City Administrator Verbrugge stated he was encouraged to hear the CDA rs trying to incorporate the LEED standards into their project. He added that energy and environmental design will be a big part of all development moving forward. Mayor Droste stated that the project has a very attractive design and layout from the Connemara side. He appreciated the modifications to the project architecturally. Council Member Baxter stated he was supported the project moving forward. He added that staff and the CDA did a great job and that the project would be an asset to the community. He further stated a letter suggested that the minds of the City Council were made up to approve the project before the process began. Council Member Baxter stated that rarely is a project presented in a way for an up or down vote. He noted that opinions are expressed and discussed at work session and staff works with developers to make a project work. He mentioned that provision of affordable housing was a goal of the Council although the particular site was not a forgone conclusion. He thought the whole process was good for City m a lot of different ways. Council Member DeBettigmes stated that the City Council did receive a copy of the letter Gene Rusco sent to the Planning Commission on November 25, 2006. Motion by Baxter. Second by Sterner. Motion by Baxter. Second by DeBettignies. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 Motion to adopt a Resolution amending the Comprehensive Plan changing the land use designation for the site from Transition Residential to Urban Residential, subject to: approval by the Metropolitan Council rezoning the site from R -1, Low Density Residential PUD to R -2, Moderate Density Residential PUD. Ayes: Baxter, DeBettignies, Droste, Sterner. Nays: None. Absent: Shoe Corrigan. Motion Carried. (Resolution 2006 -129) Motion to adopt an Ordinance rezoning the site from R -1, Low Density Residential PUD to R -2, Moderate Density Residential PUD. Ayes: DeBettignies, Droste, Sterner, Baxter. Nays: None. Absent: Shoe Corrigan. Motion carried. Motion by Baxter. Second by DeBettignies. Motion to adopt a Resolution approving the Preliminary Plat subject to: 1. Dedication of right -of -way of Connemara Trail and the new Dodd Blvd. 2. Dedication of drainage and utility easements completely over Oudot A and Outlot B. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 3. Dedication of appropriate drainage and utility easement over Lot 1, Block 1 subject to approval by the City Engineer 4. Approval by the Minnesota Department of Transportation as needed. 5. Conditions with the Engineering memorandum dated November 20, 2006. and further approving the Planned Unit Development Final Development Plan subject to: 1. Approval of the Comprehensive Plan Amendment from Rural Residential to Urban Residential by the Metropolitan Council. 2. Execution of a PUD agreement. 3. Incorporation of recommendations of the City Engineer regarding drainage, easements, grading, storm water management and utilities including: The applicant shall secure all permits agreements necessary for the proposed crossing or grading of the pipeline easements. The applicant will grade the new Dodd Blvd. as part of their project and provide a cash deposit to the City to pay for its future construction. No parking will be permitted on the streets and turning radius information shall be provided subject to approval by the Fire Marshal. Additional storm water management detail is required including a maintenance plan for the rain gardens. Payment of connection and trunk fees required. 4. Park dedication in the form of cash in lieu of land in the amount of $108,800. (32 units x $3,400 per unit) based upon the 2006 fee schedule. 5. Approval and receipt of permits from the Minnesota Department of Transportation as needed. 6. Eighteen common parking spaces shall be provided, based upon sixteen for the 32 units and two for the office. 7. The applicant provide at a minimum, a setback of 20 feet between the umts and the pnvate streets which will be sufficient for driveway parking. This requirement is in recognition of the single stall garages proposed for the individual umts. 8. Provide a minimum of a 20 -foot setback for the off street parking stalls and the new Dodd Blvd right -of -way. 9. Any revisions necessary to the landscaping plan to conform to the sight triangle standards for visibility at intersections will be required for all public and private intersections within the development. 10. The applicant provide a final site plan and grading plan addressing hsted conditions for staff review and approval prior to issuance of a grading permit. Ayes: Droste, Sterner, Baxter, DeBettignies. Nays: None. Absent: Shoe Corrigan. Motion carried. (Resolution 2006 -130) Motion by Baxter. Second by Sterner. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 Motion to adopt a Resolution authorizing the City Engineer to prepare Plans and Specifications for Dodd Blvd. subject to the deposit of money by the Dakota County Community Development Agency. Ayes: Sterner, Baxter, DeBettignies, Droste. Nays: None. Absent: Shoe Corrigan. Motion carried. (Resolution 2006 -131) Mayor Droste thanked the CDA for working with City staff to address the issues. He wished the CDA the best of luck in moving forward with the project. Mr. L;lfers commented the project will be attractive development and will mcorporate some LEED standards. He added that City staff was great to work with and the CDA was thankful to the City Council for approving the project. ANNOUNCEMENTS City Administrator Verbrugge acknowledged and thanked the Council Members that attended the City staff holiday luncheon on December 19. Council Member Baxter stated it was a privilege to be invited and he was dehghted to attend. He thanked staff for their fine work they do for the City of Rosemount Council Member DeBettigmes echoed Mr. Baxter's comments and wished all Rosemount residents a Merry Christmas. Mayor Droste reviewed the calendar of upcoming events and stated the next regular City Council meeting is January 2, 2007. He added that City Hall will be closed on December 25, 2006 and January 1, 2007. He closed by wishing all residents a safe and joyous hohday. ADJOURNMENT There being no further business to come before the City Council and upon a Motion by Mayor Droste, Second by Sterner, the meeting was adjourned at 8:19 p.m. Respectfully Submitted, Amy Domeier, City Clerk