Loading...
HomeMy WebLinkAbout6.d. Minutes of the September 16, 2008 City Council Meeting ProceedingsROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 16, 2008 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, September 16, 2008 beginning at 7:30 in the Council Chambers at City Hall, 2875 145t Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Baxter and Sterner in attendance. Staff members present included City Administrator Johnson, Community Development Director Lindquist, Chief of Police Kalstabakken, City Engineer Brotzler, Finance Director May, Assistant City Administrator Foster and City Clerk Domeier. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated there were no additions or corrections to the Agenda. Motion by Droste. Second by Sterner. Motion to adopt the Agenda as it's stated. Ayes: 5 Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 3.a. Police Officer Oath of Office Chief of Police Kalstabakken introduced Anthony Tabaka and provided information on his professional background. Mayor Droste administered the Police Officer Oath of Office to Mr. Tabaka and welcomed him to the City. Council Member Baxter requested that Mr. Kalstabakken update the public on the department's services during the Republican National Convention. Mr. Kalstabakken stated that 12 officers provided security along the transportation routes. He added that Sergeant Burkhalter, as part of a larger tactical team, helped control the protestors that were at the convention. He stated that the 450 hours of service would be reimbursed to the department through a grant obtained by St. Paul. _PUBLIC COMMENT Myron Napper, 3381 145t Street East, Rosemount, stated he attended the last Planning Commission meeting where a new compost site was being considered. He opposed the additional of another compost site. Mr. Napper was concerned that City staff did not do enough investigating and background research on the project. City Administrator Johnson stated that new information was provided at the meeting that staff was not aware of. He added that the item was tabled at the Planning Commission meeting. Mr. Johnson stated since that hearing the applicant has withdrawn the application. He ended by noting that all hearings go before Planning Commission whether or not the City staff supports the project. CONSENT AGENDA Council Member Sterner pulled items 6.d Accept Donations To and Approve Expenditure of Funds From the Police Equipment Fund and 6.f. Declare Cost /Set Hearing 2008 Street Improvements Project, City Project 418 for further discussion. Motion by Baxter. Second by Shoe- Corrigan. Motion to approve the Consent Agenda with the exception of items d. and f. a. Minutes of the August 19, 2008 City Council Meeting Proceedings b. Bills Listing c. Traffic Safety Grant Resolution (Resolution 2008 -74) e. 2008A G.O. Equipment Certificates of Indebtedness Providing for the Limited Competitive Sale (Resolution 2008 -75) f. Declare Coat /Sct Hearing 2008 Strcct Improvcmcnts Projcct, City Projcct 418 g. Receive Bids /Award Contract Downtown Regional Pond, City Project #420 (Resolution 2008 -76) h. Payment #3 Final 2007 Utility Maintenance Improvements, City Project #ENG 133 i. City Council Voting Requirements for Adopting or Amending Zoning Ordinances j. Urban Land Institute and Regional Council of Mayors Housing Initiative Agreement k. Comprehensive Plan Deadline Extension (Resolution 2008 -77) L Maple Street Vacation, Case 08 -08 -FP (Resolution 2008 -78) Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.d. Accept Donations To and Approve Expenditure of Funds From the Police Equipment Fund Council Member Sterner thanked Rosemount McDonalds, Terry's Ace Hardware and Bernice Wenzel for the donations to the Police Department. Motion by Sterner. Second by DeBettignies. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 16, 2008 Motion to authorize expenditure of funds in the amount of $1285.45 from the Police Equipment Fund for the purpose of purchasing commemorative badges for the police and accept three (3) donations of $100 each to the Police Equipment Fund. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 16, 2008 6.f. Declare Cost/Set Hearing 2008 Street Improvements Project, City Project 418 Council Member Sterner stated he would abstain from voting because he would receive a benefit from the project. Mayor Droste asked City Engineer Brotzler to provide an update on the delayed work. City Engineer Brotzler stated that the project was delayed for six weeks because existing private utilities were not buried deep enough. The private utilities were relocated and the contractor is completing the sidewalks. He stated that the second layer of blacktop would be added soon and the project would be done at the end of the month or first week of October. Mr. Brotzler stated that a public informational meeting about the project would be held before the public hearing. He talked about the reduction in project costs and stated that the assessments were expected to be less than the original estimates. Motion by Baxter. Second by DeBettignies. Motion to Adopt a Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment and Calling for Hearing on the Proposed Assessment for the 2008 Street Improvements Project, City Project #418. Ayes: Droste, Baxter, DeBettignies, Shoe Corrigan Nays: None. Abstain: Sterner. Motion carried. (Resolution 2008 -79) PUBLIC HEARING 7.a. Amendment to Shenanigan's Pub Class A On -Sale Liquor License and Special Sunday Liquor License City Clerk Domeier stated the applicant withdrew the application and planned to reapply again in the spring. She stated that because the public hearing was continued from August 19 it should be officially closed. Mayor Droste opened the Public Hearing. Motion by Sterner. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion carried. OLD BUSINESS 8.a. Amendment to City Code 7 -5: Bows and Firearms Chief of Police Kalstabakken summarized the changes related to the restrictions on the types of traps permitted, distance setbacks from the property lines and roadways and the allowing of trapping east of County Road 71 in the heavy industrial zoned districts. He added that minor grammatical changes were made to the Ordinance that was included in the packet. Mayor Droste questioned how many traps were located within the City. Mr. Kalstabakken replied that the City does not track any hunting that is done by bow, firearm or trapping. He ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 16, 2008 added that quick kill traps for rodents would still be allowed. He added that DNR handles the live trapping regulations. Motion by DeBettignies. Second by Shoe- Corrigan. Motion to approve amendments to City Code 7 -5: Bows and Firearms. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. (Ordinance XIV.28) 8.b. Text Amendment Outdoor Parking or Storage of Vehicles in Residential Districts City of Rosemount, 08 -17 -TA Community Development Director Lindquist stated the recommendation before the Council, based upon previous meetings was to limit the number of vehicles to five in the urban areas and 10 in rural areas. Ms. Lindquist added that staff also modified the definition of vehicles to include some motor powered vehicles that were not previously listed. The amendment also clarified how the vehicles would be counted and she pointed out that storing a vehicle on a trailer would not reduce the total number. Council Member Sterner questioned the size allowed for storage buildings. Ms. Lindquist stated requirements for the different zoned areas. She added that the hard surface requirement is still considered when an accessory structure is built. Mayor Droste stated the standards for surrounding communities as provided in the staff report. He added that a number of homes in the City were part of homeowners associations. He stated that most associations use a 48 hour limitation for the storage of vehicles. City Attorney LeFevere stated that the stricter rules of the association or the ordinance would have control on the matter. He added that while the City has more enforcement tools available the association can enforce its own rules. Council Member DeBettignies questioned why associations were being discussed when their rules are not controlled by the City. Mayor Droste supported the modifications to the rural areas but did not support any restriction in the urban areas. Council Member Shoe Corrigan stated that some rural areas also have covenants in place. Ms. Lindquist stated that even if covenants are in place they may not regulate the storage of vehicles; the city does not have information about the private covenants. She added that the City would direct homeowners with complaints to the association. Council Member Shoe Corrigan was concerned about having too much government. She added that the issue is at the Council table because of persistent problems in a specific neighborhood. She was uneasy about passing an ordinance with arbitrary numbers. Council Member Baxter stated the item was a growth issue that should be dealt with by the City Council. He stated that the City Council has spent a lot of time deciding on what the ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 16, 2008 number of vehicles should be and to not act on the numbers because they are arbitrary is not right. He found the proposed numbers to be reasonable. Council Member DeBettignies pointed out that there are cities that have limits on the storage of vehicles. He added that Rosemount has a unique set up with the amount of rural residential property located within the City. He stated the Council made a decision earlier to move forward with the five and ten numbers and now he is receiving mixed signals. He stated he supported the recommendation. Council Member Sterner stated that he could support having the limitation include ten in the rural areas and six in the urban areas. Council Member Shoe Corrigan questioned if enforcement of the ordinance would be easier if numbers were attached. Police Chief Kalstabakken stated that it would be easier to monitor if based upon a number versus using a calculation of impervious surface. Ms. Lindquist added that people want the City to resolve these types of complaints without too much ambiguity in interpreting the ordinance. Council Member Shoe Corrigan stated she was willing to vote in favor of the proposed ten and five regulations. Mayor Droste added if the City Council favored the five in the urban areas he would support it. City Attorney LeFevere discussed the use of the word arbitrary when discussing the number chosen in the ordinance. He explained that arbitrary would mean there is no basis for the ordinance decision. What he hears the Council saying is there is no technical answer for the number of vehicles but there may be a community standard that leads to a set number. If the Council really feels the ordinance is arbitrary they should vote against the ordinance. Council Member Sterner stated he heard having no restrictions in the urban area or a regulation of six in the urban area. He would not support the urban areas having a five vehicle limitation. Motion by DeBettignies. Second by Baxter. Motion to Hold the First Reading of Ordinance Amending The City of Rosemount City Code Title 8, Chapter 2 Relating to the Outdoor Parking or Storage of Vehicles in Residential Districts to be set at Ten Vehicles in the Rural Areas and Five in the Urban Areas and to Declare a Second Ready of the Ordinance set for October 7, 2008 at our next City Council Meeting. Ayes: Baxter, DeBettignies, Shoe- Corrigan, Droste Nays: Sterner. Motion carried. ANNOUNCEMENTS Mayor Droste stated that the next regular City Council meeting would be held on October 7, 2008. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 16, 2008 ADJOURNMENT There being no further business to come before the City Council and upon a Motion by Droste, Second by Sterner, the meeting was adjourned at 8:49 p.m. Respectfully Submitted, Amy Domeier, City Clerk