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since that hearing the applicant has withdrawn the application.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.
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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