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HomeMy WebLinkAbout6.b. Minutes of the January 20, 2009 Regular City Council ProceedingsMotion by Droste. Second by WeisenseL Motion to Approve the Proclamation Ayes: 4 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 20, 2009 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 20, 2009 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Shoe Corrigan, Weisensel and Bills in attendance. Council Member DeBettignies was absent. Staff members present included City Clerk Domeier, Finance Director May, City Engineer Brotzler, Community Development Director Lindquist, City Administrator Johnson, Senior Planner Zweber, Project Manager Dawley, City Attorney LeFevere and Director of Parks and Recreation Schultz. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated there were no additions or corrections to the Agenda. Motion by Droste. Second by WeisenseL Motion to adopt the Agenda as it stands. Ayes: 4 Nays: 0. Absent DeBettignies. Motion carried. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Recognition of Kim Lindquist, Employee of the Year City Administrator Johnson stated that Community Development Director Lindquist was recently chosen as the Employee of the Year. He provided the many reasons for the nomination as outlined in the staff report. Mayor Droste thanked Ms. Lindquist for her service to the City serving as the Interim City Administrator and for leading the City Council through the 2009 budgeting season. 5.b. Acknowledgment of Award of Certificate of Achievement for Excellence in Financial Reporting Finance Director May stated that the Government Finance Officers Association awarded the City of Rosemount a Certificate of Achievement for Excellence in Financial Reporting. Mayor Droste congratulated Mr. May and his staff for their excellence in receiving the award. 5.c. Proclamation of National Mentoring Month Mayor Droste stated that leaders across the nation are identifying the month of January as National Mentoring Month. He provided more information about Kids `n Kinship and recommended approval of the proclamation. Nays: None. Absent: DeBettignies. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 20, 2009 CONSENT AGENDA Mayor Droste pulled item 6.i. An Ordinance Amendment Creating Minimum Material and Construction Standards fox Fences, 08 -43 -TA for further discussion. Council Member Bills pulled item 6.f. Joint Powers Agreement for Waste Abatement Community Funding for further discussion. Motion by Shoe Corrigan. Second by Weisensel. Motion to Adopt the Consent Agenda with the removals of items f. and i. a. Minutes of the January 6, 2008 Regular City Council Proceedings b. Bills Listing c. Charitable Gambling Premise Permit Renewal for the Rosemount Lions Club (Resolution 2009 -02) d. Transfer /Loan Flexible Spending Account e. Approve Expenditure of Funds From the Police Equipment Fund f. Joint Powcrs Agrccmcnt for Waatc Abatcmcnt Community Funding g. Approve Joint Powers Agreement for 2009 -2010 Traffic Markings, Cracksealing and Sealcoating h. Payment #11 Final Well #15, City Project 408 1• k. for Fcnccs, 08 13 TA An Ordinance Amendment allowing staff to administratively determine the necessary submittal requirements for Land Use Applications, 08 -45 -TA Request by 146 Street Partners, LLC for a Minor Amendment to the Waterford Commons PUD Agreement (Resolution 2009 -03) Ayes: Shoe Corrigan, Droste, Weisensel, Bills Nays: None. Absent DeBettignies. Motion carried. 6.f. Joint Powers Agreement for Waste Abatement Community Funding Council Member Bills requested clarification on the term "Joint Powers Agreement". City Administrator Johnson explained that Joint Power Agreements where equal parties join into an agreement are allowed for under Minnesota law. Director of Parks and Recreation Schultz stated that the Joint Powers Agreement for Waste Abatement Community Funding was established in 1992. He explained that the Dakota County Environmental Management Program has established funds to be allocated to Dakota County communities to fund a recycling and solid waste management program. He added that based upon the estimated population and number of households in Rosemount, the City is prepared to receive $19,100 for this year's program. Motion by Bills. Second by Weisensel. Motion to approve item 6.f. on the Consent Agenda. Ayes: Weisensel, Bills, Shoe Corrigan, Droste Nays: None. Absent DeBettignies. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 20, 2009 Ayes: Droste, Weisensel, Bills, Shoe Corrigan Nays: None. Absent: DeBettignies. Motion carried. 6.i. An Ordinance Amendment Creating Minimum Material and Construction Standards for Fences, 08 -43 -TA Mayor Droste questioned the reason for the proposed ordinance amending the minimum material and construction standards for fences. Community Development Director Lindquist stated that the text amendment was initiated by staff in response to concerns about the quality of fences within the community. She explained that a resident was using a "snow fence" as a permanent fence. The amendment would allow for seasonal fences, clarify the types of fence materials allowed and serve as an enforcement tool for resident complaints Ms. Lindquist clarified with the City Council that the enforcement would be done on a case by case basis. Council Member Shoe Corrigan was concerned with the 30 day limit proposed in the ordinance amendment. She considered the 30 day limit to be too restrictive. Ms. Lindquist explained that snow fences and garden fences are just a temporary use and the proposed ordinance amendment would serve as a tool to have the fences removed when the season ends. Council Member Bills questioned the $75 permit fee. Ms. Lindquist explained that a yearly analysis is done to determine the fee for processing permits including the intake, review, process and minor inspection. She added that some building department fees are also established by the schedule adopted by the State. Discussion ensued regarding the 30 day limit proposed in the ordinance. City Attorney LeFevere suggested tabling the item to allow the City Attorney and staff time to draft language that would be amenable to concerns raised. Motion by Shoe Corrigan. Second by Weisensel. Motion to Table an Ordinance Amendment Creating Minimum Material and Construction Standards for Fences. PUBLIC HEARINGS 7.a. 2009 Street Improvement Project and Assessment Hearing, City Project #426 City Engineer Brotzler provided a presentation on the 2009 Street Improvement Project for the Public Improvement Hearing and Assessment Hearing. The presentation included the Rosemount's pavement management philosophy, project location, proposed improvements, estimated project costs, proposed funding, proposed assessments, proposed schedule, and public informational hearing comments. Council Member Bills questioned who evaluates the streets to the PCI scale. Mr. Brotzler stated that the City's Senior Engineering Tech evaluates the streets on an annual basis. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 20, 2009 Mayor Droste opened the Public Hearing. City Attorney LeFevere provided the residents information on objecting to the assessment during the hearing. He also explained the processing for filing the notice of appeal after the hearing. Todd Jagerson, 14990 Dallara Avenue West, Rosemount, questioned the assessment amount being divided equally among the property owners. Mr. Jagerson did not think the formula was equitable based upon the amount of frontage on his cul -de -sac lot. He was also concerned with access, residential parking, including recreational vehicles, and the proximity of the project to Twin Puddles Park. Mr. Brotzler provided information on the assessment formula used in Rosemount. He explained the different ways that cities may determine their assessment amounts. Mr. LeFevere stated that the current formula Rosemount uses is the most common way of levying for special assessments. Mr. Brotzler provided information on the parking and residents having access to their property. He added that there will be a significant amount of disruption daring the construction process. The City can control many things but cannot always control weather conditions and will handle them to the best of our ability to maintain access. Council Member Shoe Corrigan stated that property owners are not just being assessed for the property in front of their home but also for the improvement to their street. Mr. LeFevere stated that doing assessments is most equitable and in the best interest of the neighborhood. Motion by Droste. Second by Shoe Corrigan. Motion to close the Public Hearing. Ayes: Bills, Shoe Corrigan, Droste, Weisensel Nays: None. Absent: DeBettignies. Motion carried. Council Member Shoe Corrigan stated that certain practices are in place for dealing with the inconveniences a project will cause for property owners. Mr. Brotzler added that the property owners will notice a disruption to their street and activities during the course of the project. He added that from an access standpoint staff is always very clear with the contractor on what the expectations are for maintaining the road and access to the properties. Mr. Brotzler stated that in the spring a letter will be sent to the property owners which will include the project contacts and a proposed project schedule. Residents will be able to discuss with the project contacts any concerns related to access, residential parking, events and the use and storage of recreational vehicles daring construction. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 20, 2009 Motion by Weisensel. Second by Shoe Corrigan. Motion to Adopt a Resolution Ordering the Project and Authorizing the Preparation of Plans and Specifications for the 2009 Street Improvements Project, City Project #426. Ayes: Shoe Corrigan, Droste, Weisensel, Bills Nays: None. Absent: DeBettignies. Motion carried. (Resolution 2009 -04) Motion by Weisensel. Second by Shoe Corrigan. Motion to Adopt a Resolution Adopting the Assessment Roll for the 2009 Street Improvements Project, City Project #426. Ayes: Droste, Weisensel, Bills, Shoe Corrigan Nays: None. Absent DeBettignies. Motion carried. (Resolution 2009 -05) Mr. Brotzler stated that residents would receive a City invoice for the assessment amount. Residents would also receive by mail a notice when the contractor is chosen with a proposed schedule and contact information. NEW BUSINESS a. Request by CF Industries for Planned Unit Development Concept Plan and 2030 Comprehensive Plan Designation Application, 08- 44-CON Senior Planner Zweber provided background information about CF Industries. CF Industries had submitted a Planned Unit Development Concept Plan describing the future development of their facility. He provided a summary of the natural resources, conservation easement, land use and Pine Bend Trail and Recreational Trail Corridors in relation to the proposed concept plan. Mr. Zweber also provided information on the discussions held at the Planning Commission level. A resolution was drafted incorporating the Planning Commission's proposed conditions along with a resolution denying the project based upon the information provided in the staff report. Council Member Shoe Corrigan stated the project was a policy decision for the City Council. She stated that the Planning Commission made their decision based upon the merits of the PUD. While she thought the concept plan was good she noted that there was no real expansion in front of the City Council. Mr. Zweber stated that the City Council has the ability to set policy and make a decision based upon their ability to determine if the expansion will occur. Mayor Droste stated that there were other properties where the City modified the zoning to meet their requests. Mr. Zweber stated that nine properties requested changes during the creation of the draft Comprehensive Plan, but only about half were changed. Discussion was held regarding the location of section lines and where the uses on the property are located. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 20, 2009 Council Member Bills questioned if the request was premature. Mr. Zweber responded that the City is constantly looking at its ordinances. He stated there is the theory that the City is preventing any future ordinance revisions from affecting the property if uses are allowed to occur prematurely. He noted that the 16 conditions recommended by the Planning Commission cover some of the questions. Council Member Shoe Corrigan stated that the City amends PUD agreements all the time. Anytime the City has a long range plan that spans over a few years we amend PUD agreements because of economics and market trends. She added that if the property remains agricultural the City can control the future use. If the PUD as proposed is granted the City will give away control and it will be general industrial. She did not want to influence the development with the proximity to the corridors and preferred to protect the area. She stated she could not support the concept plan. John Shardlow, Planning Consultant with Bonestroo, stated that CF Industries had been involved in this process from almost three years. He stated that CF Industries planned to expand but to also protect the trees and bluff areas. They were willing to enter into a binding agreement and work their long range plans into the City's long range plans. Mr. Shardlow also explained more about their commitment for the natural resource conservation. He understood that zoning is always a policy issue. Council Member Shoe Corrigan questioned if the current general industrial zoning took precedence over the City's re- guiding. Mr. Zweber explained that the City changes its zoning map to be consistent with the property guiding. Mr. LeFevere stated that PUD can be used to give the City a higher level of control of the plan. He did not believe that having an approved PUD would mean that the City could not change the zoning. He added that the PUD establishes rules set for a property. Council Member Weisensel stated he understood the control issue and thought the request presented was not unreasonable and favored moving forward. Council Member Bills stated he believed healthy firms are trying to stay healthy and understood why CF Industries was projecting their long term goals. Mayor Droste stated that plans will change and more conditions could be in place when the master plan moves forward. Council Member Shoe Corrigan thought it was important to have a mechanism in place to review the plan every two to five years. She added that the City should not look at guiding the property industrial and zoning it agricultural and then rezoning it a year later. Motion by Weisensel. Second by Bills. Motion to adopt a Resolution approving the Planned Unit Development Concept Plan for CF Industries. Ayes: Weisensel, Bills, Droste Nays: Shoe Corrigan. Absent: DeBettignies. Motion carried. (Resolution 2009 -06) ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 20, 2009 ANNOUNCEMENTS Mayor Droste stated that the next regular City Council meeting would be held on Tuesday, February 3, 2009. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by Bill, the meeting was adjourned at 10:06 p.m. Respectfully submitted, Amy Domeier, City Clerk