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HomeMy WebLinkAbout6.c. Minutes of the January 2, 2008 City Council Proceedings _fem c. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Wednesday, January 2, 2008, 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 Shoe Corrigan and Sterner attending. Staff members present included City Administrator Verbrugge, Director of Parks and Recreation Schultz, Finance Director May, Community Development Director Lindquist, Assistant City Administrator Foster, City Engineer Brotzler, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated the Consent Agenda addition of item 6.p. 2008 Solid Waste Haulers Licenses. He pulled item 5.a. Recognition of Joe Werden, Employee of the Year and moved item 6.1. Evermoor Crosscroft 3' Addition Major Planned Unit Development Amendment (D.R. Horton) from the Consent Agenda to Old Business 8.b. Motion by Droste. Second by DeBettignies. Motion to adopt the Agenda. Ayes: 5 Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 5.b. Acknowledgement of Award of Certificate of Achievement for Excellence in Financial Reporting Finance Director May stated that for the 11 consecutive year, the Government Finance Officers Association awarded the City a Certificate of Achievement for Excellence in Financial Reporting. The award recognizes the City's comprehensive annual financial report for the fiscal year that ended December 31, 2006. He stated that the report was accepted by the City Council during its regular meeting on June 5, 2007. He stated the 85 -page report could be downloaded from the City's website on the Finance Department page. Mayor Droste stated that receiving the award for 11 consecutive years said a lot about Mr. May and his staff. He appreciated the hard work of the Finance Department. 5.c. Proclamation of National Mentoring Month Mayor Droste stated that for the seventh year, community leaders across the nation were identifying the month of January as National Mentoring Month. He also explained more about the Kids `n Kinship program in Dakota County. Motion by Droste. Second by Shoe Corrigan. Motion to approve the Resolution Proclaiming January, 2008, as National Mentoring Month. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. (Resolution 2008 -01) CONSENT AGENDA City Administrator Verbrugge pulled item 6.e. for further discussion. Motion by Baxter. Second by DeBettignies. Motion to approve the Consent Agenda with the exception of items e and 1 and the addition of item p. a. Bills Listing b. Appointments to DCC Board of Directors and Executive Committee c. Appointment of Acting Mayor d. Appointment of Weed Inspector f. Designation of Official Newspaper g. Gambling Premise Permit Rosemount Lions (Resolution 2008 -02) h. Resolution Approving Transfer of Control over FTTH Communications, LLC (Resolution 2008 -03) i. Second Reading of an Amendment to Rosemount Ordinance No. X1.23 j. Naming of Depositories Financial Institutions (Resolution 2008 -04) k. Transfer /Loan Flexible Spending Account 1. Evcrmoor Cros3croft Add. Major Planned Unit Dcvclopmcnt Amendmcnt (D.R. Horton) m. Change Order #1 Well #15, City Project #408 n. Joint Powers Agreement 2008 -2009 Traffic Markings, Cracksealing and Sealcoating o. Change Order #2 2007 Street Improvements Project, City Project #410 p. 2008 Solid Waste Haulers Licenses Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. 6.e. 2008 City Council Meeting Schedule City Administrator Verbrugge stated that additional changes would need to be made to the meeting schedule. The regular meeting on February 5 would need to be changed due to caucuses and the work session on March 12 due to the NLC conference. The City Council decided that that the February 5 meeting would be held on February 6 and the work session would be held on Thursday, March 13. Motion by Droste. Second by Sterner. Motion to Adopt Changes to the 2008 City Council Meeting Schedule including the February 6 and March 13 meeting dates. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 Ayes: 5 Nays: 0. Motion carried. PUBLIC HEARING 7.a. Rosemount American Legion Liquor License Amendment City Clerk Domeier stated that an On -Sale Club Liquor License and Special Sunday Liquor License amendment request was made by the Rosemount American Legion (the "Legion to include an outdoor patio area located at 14590 Burma Avenue. If the City approved the amendments they would be filed with the Minnesota Department of Public Safety's Alcohol and Gambling division. The Legion plans to add a partial patio for protection from weather. The patio fence will match the existing area with a greenhouse polycarbonate attached to the fence for wind protection. Another door will be added to allow direct access to the patio from inside the building. She added that the entrance on the north side will be converted into an enter only /exit only access with a vertical separation into the common areas. Patrons will only be able to access the patio from the inside of the building. The Legion will be required to meet all the standards of Ordinance XVI.57 related to outdoor patios and decks that was adopted on December 18, 2007. However, existing and ongoing construction will comply with approved building permits. That means the fencing will not be consistent with the ordinance but it was initiated prior to ordinance adoption. Ms. Domeier added that the Legion would need to obtain a Certificate of Occupancy for the building permits required to build the patio roof structure, vestibule modifications and the railing /fence. Mayor Droste opened the Public Hearing. Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion carried. Motion by DeBettignies. Second by Sterner. Motion to adopt a Resolution approving an amendment to Rosemount American Legion's On -Sale Club Liquor License and Special Sunday Liquor License. Aye: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. (Resolution 2008 -05) 8.a. Approval of an Ordinance Amending Title 9 of the City Code, Adding Chapter 8 Relating to Rental Licensing and Inspection Community Development Director Lindquist requested a second reading of the proposed Ordinance. She spoke of the changes outlined in the staff report. She added that a motion would also needed for the publication summary Resolution. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 Council Member Sterner questioned if the inspection fee was per unit. Ms. Lindquist replied that it was per unit. She did receive feedback from the Minnesota Multi- Housing Organization and some residents on the cost of license. She added that the fee should be considered nominal as it would not cover all administrative fees associated with the program. Council Member DeBettignies questioned the license period and if leap year was taken into consideration. City Attorney LeFevere suggested changing the language under 9- 8 -4(c) to the last day in February. Lee Ostendorf represented Rosemount Plaza Apartments. She was concerned about the fees. She stated the building was a MHFA building and that rules and regulations were in place that management needed to abide by. She stated the agency sets the rental rates and since the building is subsidized it should be exempt from the inspection fees. She added that internal inspections and MHFA inspections that are performed through Federal HUD every three years or more depending upon the findings. Mayor Droste questioned if other cities allow exceptions. Ms. Lindquist replied that her only experience was in a past community where the community had rental inspections because of the Section 8 status. She added that the CDA was aware they would be subject to the inspections. Mr. LeFevere stated that being classified as Section 8 was not necessarily a basis for exempting properties from an inspection. He indicated that if the Council was aware of the regulations governing a building and the regulations meant that the upkeep and maintenance requirements were more stringent than the City's intent, and the Council was comfortable that the regulations were well enforced, that could be cause for an exemption. An example would be a nursing home which is licensed by the State, and is exempt from the proposed local ordinance Discussion ensued regarding the waving of the fees. More work would need to be done to determine which types of organizations should be precluded from the Ordinance. Mr. LeFevere recommended adopting the ordinance in the current form and to modify it at a later date. Marge Anderson, the property manager at Rosemount Plaza, stated that the units were occupied by seniors and handicapped individuals. She stated that tenants become overwhelmed by inspections. Council Member DeBettignies stated the ordinance is for the protection of those renting properties. He found no need to change the ordinance noting the fee was minor in comparison to the man hours and inspection time spent. Motion by DeBettignies. Second by Baxter. Motion to Adopt the Ordinance Amending Title 9 of the City Code Adding Chapter 8 Relating to Rental Licensing and Inspection. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 Nays: None. Motion carried. (Ordinance X1.32) Motion by DeBettignies. Second by Baxter. Motion to Approve the Resolution for publishing. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. (Resolution 2008 -06) 8.b. Evermoor Crosscroft 3 Addition Major Planned Unit Development Amendment (D.R. Horton, Inc.), Case 07- 38 -AMD Community Development Director Lindquist stated D.R. Horton requested approval of a major Planned Unit Development Amendment to allow an increase in the impervious surface coverage from 30% to 35% for four lots in the Evermoor Westport neighborhood. She provided history on Planning Commission action. She added that the applicant noted the changes in the Building Code and the slow down in the housing market combined, limited the marketability of some lots. Council Member DeBettignies questioned the setbacks. Ms. Lindquist replied that the lots meet the 10 foot house side, 5 foot garage side and 35 foot front setbacks. Council Member Sterner questioned if the situation is considered a hardship. Ms. Lindquist explained that the lots are part of a PUD. The regulations are built into the agreement. The request is an amendment to a PUD not a variance request. She stated that State law regarding hardships is related to variance requests. Council Member Shoe Corrigan stated that originally Dr. Horton planned to have detached town houses on the lots. DR Horton asked to change that due to market conditions and they knew the lots would have limited housing options available. Ms. Lindquist stated the styles of homes available to go on the smaller lots are not selling and she noted there was a change in the building code for stairs. Council Member Shoe Corrigan found the request for the four lots to be a waste of staff time. She stated that DR Horton had already received concessions. She wanted to be fair and reasonable to other residents in the neighborhood. She was also concerned about the variances that would be needed to build sport courts, pool and other amenities on the lots. Mayor Droste stated the City would always be educating residents as to what is allowed on a lot and why we have restrictions on impervious surface. The market is slow and the requested change is not dramatic and will not impact the integrity of the neighborhood. Council Member Sterner questioned if in exchange for the PUD Amendment there would be additional trees or rain gardens on the four lots. Ms. Lindquist stated there were not additional trees planned for the four lots. However, it was recommended as a part of the approval that additional landscaping in other areas be installed to provide buffering between neighborhoods. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 Ron Mullenbach with DR Horton stated that they were averaging 25 percent coverage on their current lots. He stated that not every lot was being developed to the maximum. He added that the covenants did not allow for sheds and that sport courts and pools were subject to association rules. Mr. Mullenbach stated that the decision to move to a single family product from the detached town homes was from interaction with the association as well as market conditions. He stated that the landscaping had been improved. Council Member Shoe Corrigan questioned why they did not change the housing stock instead of asking for impervious surface changes. Mr. Mullenbach replied that the design process would take six months. They found an amendment to be an easier route. Council Member Shoe Corrigan noted the voting at the Planning Commission level. She thought it would make more sense to come back with a housing style that fit the lots. Council Member DeBettignies had no problem moving forward for the four lots and 35% coverage. He stated the additional 5% would not visually impact the neighborhood. Motion by DeBettignies. Second by Baxter. Motion to adopt a resolution approving a major Planned Unit Development (PUD) Amendment to allow an increase in the impervious surface coverage from thirty (30) to thirty -five (35) percent for four (4) lots in the Evermoor Westport neighborhood legally described as Lots 16 and 18, Block 2 and Lots 2 and 3, Block 4 of Evermoor Crosscroft 3r Addition, subject to conditions. Ayes: DeBettignies, Droste, Baxter Nays: Shoe Corrigan, Sterner. Motion carried. (Resolution 2008 -07) Motion by DeBettignies. Second by Baxter. Motion to authorize the mayor and city clerk to execute an amendment to the PUD agreement for Evermoor Crosscroft 3r Addition. Ayes: Droste, Baxter, DeBettignies Nays: Shoe Corrigan, Sterner. Motion carried. ANNOUNCEMENTS City Administrator Verbrugge stated that from this meeting the City Council will hold a special work session and at the conclusion go into closed executive session for labor negotiation discussions. He added that the City Council would adjourn from the closed session. Mayor Droste announced the upcoming City meetings. The next regularly scheduled City Council meeting will be held on January 15, 2008. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 8:49 p.m. Respectfully Submitted, Amy Domeier, City Clerk