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HomeMy WebLinkAbout6.b. Minutes of the July 1, 2009 City Council Meeting Proceedings (o, b ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, July 1, 2008, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145t Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Also in attendance were Interim City Administrator /Community Development Director Lindquist, City Engineer Brotzler, City Clerk Domeier, Chief of Police Kalstabakken and City Attorney LeFevere. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA Interim City Administrator Lindquist stated the modification to 6.g. Dakota County 2009- 2013 Draft CIP, the addition of Consent Agenda item 6.j. Approve Quotes for Painting Fire Station #1 and the Public Works North Building and the revised ordinance for 8.a. Second Reading: Text Amendment Outdoor Parking or Storage of Passenger Vehicles in Residential Districts City of Rosemount, 08- 17 -TA. Motion by Droste. Second by Sterner. Motion to Adopt the Agenda the three changes. Ayes: 5 Nays: 0. Motion carried. PUBLIC COMMENT Marion Brown, 7754 142n Street West, Apple Valley, Minnesota, provided more information about the Soil and Water Conservation District Board. CONSENT AGENDA Council Member Shoe Corrigan pulled item 6.j. Approve Quotes for Painting Fire Station #1 and the Public Works North Building for further discussion. Motion by Baxter. Second by Sterner. Motion to approve the Consent Agenda items a through i. a. Minutes of the June 17, 2008 City Council Proceedings b. Bills Listing c. Budget Amendments (Resolution 2008 -48) d. Temporary 3.2% Malt Liquor License e. Temporary On -Sale Liquor License Rosemount VFW f. Temporary On -Sale Liquor License Rosemount American Legion g. Dakota County 2009 -2013 Draft CIP h. Rosemount Business Park Third Addition Preliminary Plat Extension, Case 07- 02-PP (Resolution 2008 -49) i. Joint Powers Agreement for Public Safety Related to 2008 Republican National Convention e ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2008 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.j. Approve Quotes for Painting Fire Station #1 and Public Works North Building Council Member Shoe Corrigan requested more information about the painting of the facilities. City Engineer Brotzler stated that a separate contractor completed patching work and caulking to the exteriors of the building to prepare for the painting. He added that the contracted amount was for the exterior painting of the buildings. The paint will be the same in color at both buildings. Mr. Brotzler also explained why the projects were bid out separately. Motion by Shoe Corrigan. Second by Sterner. Motion to Approve Quotes for Painting Fire Station #1 and Public Works North Building. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. OLD BUSINESS 8.a. Second Reading: Text Amendment Outdoor Parking or Storage of Passenger Vehicles in Residential Districts City of Rosemount, 08 -17 -TA Interim City Administrator summarized the information provided in the staff report. She noted that several issues were raised at the last meeting and were addressed in the staff report. She added that any comments from public were forwarded to the City Council during the time period between meetings. Ms. Lindquist explained that the text amendment did not address on street parking. Per Council Member Baxter's request, she also explained the restrictions currently in place for residential districts. Mayor Droste pointed out that it was consistent throughout the metro that vehicles must be licensed, operable and parked on an approved surface. Mayor Droste invited residents to submit comments. Shelly Seeberg, 13096 Charleston Way, Rosemount, submitted and read written comments to the City Council expressing opposition to the proposed ordinance. The written comments included discussion on the difference between rural residential and urban residential zoning districts. Jim Ehmer, 12514 Danbury Way, Rosemount, stated that his neighborhood submitted a petition at the last meeting. Mr. Ehmer provided similar complaints and believed the neighbor was operating a business out their home. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2008 Gene Stiles, 3515 147 Street West, Rosemount, spoke against the proposed ordinance. He provided history on dealing with similar storage issues at his property. Mr. Stiles stated that the eight vehicle limitation would affect many residents in Rosemount. Les Kasten, 12501 Danbury Way, Rosemount, stated he has made an effort to keep the vehicles covered on his property. He expressed frustration with previous staff members requiring that his vehicles be stored on a paved surface. Barb Jones, 12510 Danbury Way, Rosemount, stated the changes to the rural residential districts since she moved to Rosemount in 1979. Mary Lansey, 12501 Danbury Way, Rosemount, stated after the last meeting she spent time talking to the neighbors. She added that many were in agreement to allow Mr. Kasten a variance to build a shed on his property. She stated her opposition to the proposed ordinance. John Remkus, 13040 Akron Avenue, found the property on Danbury Avenue to be well kept. He thought passing the proposed ordinance would be bad public policy. Mike Jones, 12510 Danbury Way, Rosemount, stated that he did not expect a commercial business to be located in his neighborhood when he moved in 30 years ago. Council Member DeBettignies requested further clarification on the current ordinance related to hard surface requirements. Ms. Lindquist explained that the current ordinance did not have a hard surface requirement for parking vehicles in the rural residential district. Council Member DeBettignies was concerned about including a set number in the ordinance. He stated the limit of vehicles would affect more than just the 42 residents that signed the petition. Council Member Baxter stated the City has to deal with the growth issues. He did not find 17 cars stored on a yard to be an acceptable use. Mayor Droste echoed the growth concerns and stated the changes with the tremendous growth since 2000. Council Member Sterner requested further definition on storage and consideration if a set number in the ordinance was needed. Mayor Droste stated that with storage issues the City would need to be reasonable. Police Chief Kalstabakken stated that in general enforcement issues for the City Code violations the warnings are a result of a neighborhood complaint. He added that warnings are given out before a ticket is issued. Council Member Shoe Corrigan questioned the amount of paved surface that was allowed in the rural residential districts. Ms. Lindquist replied that there was not a hard surface maximum but the ordinance has setback requirements for the rural residential district. Council Member Shoe Corrigan stated that rural residential feel has changed over the years as Rosemount has grown. She did not want to proceed with a number in the ordinance but ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2008 would support have the number tied to the amount of hard surface. Council Member Shoe Corrigan suggested that staff find a compromise that would work and be reasonable for the rural residential and urban residential neighborhoods. Mayor Droste summarized that the consensus was to have a differentiation between the urban and rural residential districts. Ms Lindquist stated the surface requirements for the urban and residential districts. She cautioned that the variations for determining the rural residential based on hard surface would be greater. Motion by Baxter. Second by Droste. Motion to approve an Ordinance Amending the City of Rosemount City Code Title 8, Chapter 2 Relating to the Outdoor Parking or Storage of Vehicles in Residential Districts. Council Member Sterner preferred to discuss the item at a future work session. Ayes: Droste, Baxter Nays: Sterner, DeBettignies, Shoe Corrigan. Motion failed. Mayor Droste stated that the item would be addressed at a future work session. He added that notice would be given to all that provided public comment on the issue. NEW BUSINESS 9.a. Set Hearing for Liquor License Violation PCS Liquors LLC, dba Rosemount Liquor Mart Chief of Police Kalstabakken summarized the background information provided in the staff report. City Attorney LeFevere provided more information on proceeding with a hearing officer. He stated the benefits of having a neutral party representing the process. Motion by DeBettignies. Second by Shoe Corrigan. Motion authorizing staff to hire a hearing examiner to conduct a hearing for the alleged liquor violation committed by PCS Liquors, LLC, dba Rosemount Liquor Mart. Staff is directed to post the meeting in accordance with Minnesota statutes after the hearing date has been set in consultation with the examiner, PCS Liquors, LLC, and the city attorney and staff. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. 9.b. Set Hearing for Liquor License Violation Applebee's Restaurants North LLC, dba Applebee's Neighborhood Bar Grill Chief of Police Kalstabakken summarized the background information provided in the staff report. City Attorney LeFevere stated the primary issue was the change in ownership. He recommended starting with a hearing examiner but the examiner would not be used until the nature of the hearing was determined based on the stipulated facts. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2008 Motion by DeBettignies. Second by Baxter. Motion directing staff to set a hearing date for the alleged liquor violation committed by Applebee's Restaurants North LLC, dba Applebee's Neighborhood Bar Grill with the City Council conducting the hearing. Staff is directed to post the meeting in accordance with Minnesota statutes after hearing date has been set in consultation with the City Council, Applebee's Restaurants North LLC, city attorney and staff. Council Member Shoe Corrigan clarified that Mr. LeFevere recommended moving forward with the hearing examiner. Council Member DeBettignies withdrew the motion. Council Member Baxter agreed with the action. Motion by DeBettignies. Second by Baxter. Motion authorizing staff to hire a hearing examiner to conduct a hearing for the alleged liquor violation committed by Applebee's Restaurants North, LLC, dba Applebee's Neighborhood Bar Grill. Staff is directed to post the meeting in accordance with Minnesota statutes after hearing date has been set in consultation with the City Council, Applebee's Restaurants North LLC, city attorney and staff. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed the upcoming calendar of events. The next regular City Council meeting will be held on July 15, 2008. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by Sterner. The meeting was adjourned at 9:30 p.m. Respectfully Submitted, Amy Domeier, City Clerk