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HomeMy WebLinkAbout6.a. Minutes of the October 7, 2008 City Council Meeting ProceedingsCALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, October 7, 2008 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. ROSEMOUNT CITY COUNCIL f REGULAR MEETING PROCEEDINGS 'O` tt OCTOBER 7, 2008 Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Staff members present included City Administrator Johnson, Community Development Director Lindquist, Police Chief Kalstabakken, Senior Planner Zweber, City Clerk Domeier, Project Manager Dawley, Assistant City Administrator Foster, Finance Director May and Parks and Recreation Director Schultz. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated that additional information was provided for items 7.a. Application for On -Sale Liquor License Class B and Sunday Liquor License, Carbone's Pizza Pub, 8.b. Text Amendment Outdoor Parking or Storage of Vehicles in Residential Districts City of Rosemount, 08 -17 -TA and 9.a. Text Amendment Outdoor Parking or Storage of Vehicles in Residential Districts City of Rosemount, 08 -17 -TA He added that Finance Director also distributed information related to item 8.a. Accept Proposals and Award Sale G.O. Equipment Certificates of Indebtedness, Series 2008A. Motion by Droste. Second by Sterner. Motion to Adopt the Agenda as it stands. Ayes: 5 Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 3.a. Presentation of Bond Credit Rating Upgrade Plaque Terri Heaton from Springsted was in attendance to present a plaque acknowledging the City of Rosemount's bond credit rating upgrade. Mayor Droste thanked Finance Director May and the Finance Department for their hard work and recommendations provided. PUBLIC COMMENT Dakota County Commissioner Will Branning stated he attended a tour of the library on September 30. He was impressed with library and provided pictures and further information about the project. Kevin Grass, 2774 138 Street West, Rosemount was concerned about the train noise in Rosemount. He expressed his frustration with the trains and the amount of time intersections would be blocked by gates. Mr. Grass also had concerns about the proposed vehicle ordinance. Mayor Droste stated that Mr. Grass would be allowed to provide comment about the ordinance when the item was discussed. Mayor Droste further stated that a response to the train noise concerns would be provided at the October 21, 2008 meeting. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 CONSENT AGENDA Mayor Droste pulled items 6.h. Appointment of Election Judges for the 2008 General Election and 6.k. Change Order #2 and Final Payment #6 CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412for further discussion. Motion by Baxter. Second by Sterner. e. f. g. Motion to Approve the Consent Agenda with the Exception of items h. and k. a. Minutes of the September 2, 2008 City Council Special Work Session Proceedings b. Minutes of the September 2, 2008 City Council Meeting Proceedings c. Minutes of the September 10, 2008 City Council Work Session Proceedings d. Minutes of the September 16, 2008 City Council Meeting Proceedings Bills Listing Budget Amendments (Resolution 2008 -80) 2008 City Council Meeting Schedule 1 1• i. Mayor and Council Salaries j. Personal Leave of Absence for a Firefighter k. Change Order #2 and Final Payment 116 CSAH 12 /Shannon Parkway Interscction Improvcmcnts, City Project 11112 1. 2009 -2013 Dakota County C.I.P. (Resolution 2008 -81) m. Halloween Event Service Agreement n. Declaration of Surplus Property Parks Recreation Dept. o. Approve Expenditure of Funds From the Police Equipment Fund Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.h. Appointment of Election Judges for the 2008 General Election Mayor Droste stated that 105 citizens would be appointed to serve as election judges at the General Election held on November 4. He thanked the many judges in advance for their service to the community. Motion by Droste. Second by DeBettignies. Motion to Approve the attached Resolution Appointing Election Judges for the November 4, 2008 General Election. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2008 -82) 6.k. Change Order #2 and Final Payment #6 CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412 Mayor Droste stated the item included the final bill for the improvements made at the Shannon Parkway and County Road 42 intersection. He provided more information about the improvements made at the intersection. Motion by Droste. Second by DeBettignies ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 Motion to Approve Change Order #2 for the CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412. Motion to Approve Payment #6 and Final for the CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412, to McNamara Contracting and Accepting it for Perpetual Maintenance. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motions carried. PUBLIC HEARINGS 7.a. Application for On -Sale Liquor License Class B and Sunday Liquor License, Carbone's Pizza Pub City Clerk Domeier s»mmarized the information provided in the staff report. She pointed out that the patio would be included in the liquor premise Similar to the former liquor license holder, the patio would include conditions that would impose a closing time of 11 p.m. Sunday through Thursday and midnight on Friday and Saturday. Council Member Shoe Corrigan questioned how long Carbone's has been in business. The applicant, Dave Landgrebe, stated that Carbone's was a metro franchise for over 35 years. Mr. Landgrebe stated he chose to locate in the former Superstar's location based upon the turn -key condition. He provided menu information and talked about his plan to have a family type atmosphere. Council Member Shoe Corrigan stated her excitement about having another family style establishment available in Rosemount. 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 Shoe Corrigan. Motion to Approve the On -Sale Liquor License Class B, Sunday Liquor for Carbone's Pizza Pub located at 14550 South Robert Trail. Motion to Approve a Resolution Imposing Additional Conditions to the Liquor Licenses at Carbone's Pizza Pub located at 14550 South Robert Trail. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motions carried. (Resolution 2008 -83) ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 7.b. Application for On-Sale Liquor License Class B and Sunday Liquor License, Warming House Cafe, LLC City Clerk Domeier summarized the information provided in the staff report. She stated that the liquor licenses would not be issued until the Warming House Cafe, LLC received a certificate of occupancy from the Chief Building Official. Council Member Shoe Corrigan questioned the menu. Mary Eigner, owner of Warming House Cafe, LLC, stated she was working with the Doolittle's chef to provide a variety of items on the menu. The primary purpose of the restaurant is for the hockey users but it would also be opened to the public. Mayor Droste questioned when the restaurant would open. Ms. Eigner anticipated that the hockey rink would open in October and the restaurant in November. Mayor Droste opened the Public Hearing. Motion by Droste. Second by Mark. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion carried. Council Member Baxter stated that because he had offered legal services for the project he would abstain from voting on the motion. Motion by Sterner. Second by Shoe Corrigan. Motion to Approve the On -Sale Liquor License Class B and Sunday Liquor License for Warming House Cafe, LLC located at 3410 150 Street West subject to obtaining a Certificate of Occupancy from the Chief Building Official for the construction of the restaurant. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Abstain: Baxter. Motion carried. OLD BUSINESS 8.a. Accept Proposals and Award Sale G.O. Equipment Certificates of Indebtedness, Series 2008A Finance Director May provided more information the sale of the equipment bonds and the results of the proposals received earlier in the day. He stated that Wells Fargo submitted the lowest bid at 3.99% interest. Council Member Sterner questioned what the rate would have been with the City's old bond rating. Terri Heaton, from Springsted, stated it would be difficult to determine because of ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 the recalibrating in the credit industry. She stated that today the credit rating was never more important and that investors are looking for more security. Mayor Droste questioned with all the vitality in the market if it was impacting the city level municipal bonds. Ms. Heaton replied yes and that bond issues that are under 20 million and backed by the government still have retail buyers. She stated it was a great time to be selling bonds. Motion by DeBettignies. Second by Baxter. Motion to adopt a Resolution Accepting Offer on Sale of $385,000 General Obligation Equipment Certificates of Indebtedness, Series 2008A, Providing for their Issuance and Levying a Tax for the Payment thereof. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2008 -84) 8.b. Text Amendment Outdoor Parking or Storage of Vehicles in Residential Districts City of Rosemount, 08 -17 -TA Community Development Director Lindquist summarized the information provided in the staff report. She stated the recommendation was to amend the ordinance to allow up to 5 vehicles in the urban area and 10 vehicles in the rural residential areas. Ms. Lindquist stated that Council Member Sterner requested that staff investigate the Apple Valley ordinance which permits additional vehicles through an administrative permit process. She stated that the draft ordinance amendment provided the same criteria that Apple Valley requires for an administrative permit. Mayor Droste questioned the permit process and fee. Ms. Lindquist explained that it was an administrative permit process. If a resident meets the criteria a permit would be issued to allow for one additional vehicle on urban properties. She stated that the City typically charges a fee that would cover the administrative costs. Kevin Grass, 2774 138 Street West, Rosemount, stated that if parking was available on your driveway or property it shouldn't be an issue. He added that rural property owners should be allowed to build a larger shed. Gene Stiles 3515 147 Street, Rosemount, stated he would be the first one in Rosemount to break the law because of the amount of kids and cars at his household. Chet Ellingson, 12568 Danbury Way, Rosemount stated the issue did not serve any purpose and that the ordinance could not be enforced. Les Kasten, 15101 Danbury Way, Rosemount, stated that his neighbor requested that a tree line be placed on his property instead of a privacy fence. He requested that the City Council listen to the residents who feel strongly that the ordinance is wrong. He stated should the Council approve the ordinance there should be exceptions made for car collectors. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 Council Member DeBettignies stated that over 43 people complained at the first meeting and that the item was brought to the City Council to make a decision. Mayor Droste quoted information in a letter from Les Kasten that was sent subsequent to the July hearings. Mayor Droste understood why the neighbors were concerned about 20 cars being stored outside on Mr. Kasten's property. He recommended the proposed 10 car limit adding that the City enforces the ordinance on a complaint driven basis. Council Member Sterner stated that properties located in R -1 could be regulated using the hard surface coverage or by a homeowners association. He only wanted to look at the rural residential areas. Council Member Shoe Corrigan stated that staff had been gathering information for several months. Years of enforcement and complaints have been brought to staff and it has been difficult to enforce with no ordinance in place. She added that the issue isn't whether you get to enjoy a lifestyle but to address the concerns of the residents that complain about the outdoor storage. She wanted to treat a trailer and a boat as one vehicle since they use the same amount of space. Council Member Baxter stated that based on the factors considered the 10 vehicle limit in rural is reasonable and 17 are too many. He stated it was a growth issue and the need to be more restrictive to protect people's property values and rights as you go forward. For the urban properties he wanted all five cars parked outside to to be on hard surface. He supported the ordinance. Mayor Droste questioned Council Member Shoe Corrigan's suggestion about counting a single trailer with recreational vehicles on top as one item. Ms. Lindquist stated it was up to the Council. She noted that in her past experience in other cites that recreational vehicles were always counted individually. Discussion continued regarding a permit for six vehicles in the urban areas and whether it would be an administrative headache. It was decided to change the vehicle limit to six and forego using a permit. Council Member DeBettignies questioned the size of accessory buildings on rural properties. Ms. Lindquist explained that there is a maximum allowed size for an accessory building although the size is also dependent upon the size of the principal structure. Council Member Shoe Corrigan stated that while 10 vehicles in the rural areas may be low it was a start and she would like to review the ordinance in the future. Motion by Baxter. Second by DeBettignies. Motion to approve Ordinance Amendment with the change to H.2. line 3 with the change to any residential property zoned R1, R1A, R2, R3 or R4 shall not exceed six (6) vehicles per dwelling unit. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. (Ordinance B -197) ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 9.a. SKB Interim Use Permit, Case 08 -18 -IUP Senior Planner Zweber summarized the background information as provided in the staff report. He stated that SKB was requesting a revision to their Interim Use Permit (IUP) to allow an expansion to their facility at 13425 Courthouse Boulevard from 112 acres of disposal area to 151 acres of disposal area. The proposal included an expansion in total disposal volume from about 15 million cubic yards to almost 27 million cubic yards, representing a 73% increase, and also included an increase in the finish height of the landfill by 40 feet. Community Development Director Lindquist stated that the City Council along with SKB representatives have met to discuss changes to the Development Commitment and the Trust Fund documents. She stated that the Development Commitment was modified to recognize that 50% of the funds going into the Trust fund will be given to the City starting in 2009, without being sent first to the Trust. The Commitment also notes that after the Trust Fund reaches $1,500,000 the City will receive all payments initially allocated to the Trust in the original agreement. The document also recognizes that this arrangement will be reviewed again in 2011. The Development Commitment is an attachment of the IUP and therefore by approval of the IUP, the City Council is approving the Development Commitment Ms. Lindquist further stated that the Trust Fund agreement has also been modified to reflect the changes discussed between SKB and the City. She stated the agreement must be approved by the Trust Board. Most of the changes in the Trust agreement were found within section 4. Use of the Trust. The section lays out how the Trust will grow it's assets to $1,500,000 and will be able to distribute $62,000 annually. After 2011, the agreement does not allow any distribution to occur until the Trust has a value in excess of $1,500,000. Additionally, if there are excess fund,s they will be forwarded to the City. She added that likewise if the Fund assets are in excess of $1,525,000 on December 31 on any given year (after 2011), the excess will be forwarded to the City. The Fund documents also anticipate a ratcheting down of the distributions between 2008 and 2011; going from $123,000 to $100,000 to $80,000. John Domke of SKB stated that the Trust Board met and discussed the proposed amendment language. He stated that the board passed the amendment unanimously with some minor verbiage changes that do not modify the intent of the document Mayor Droste stated that the City had been working with SKB on the expansion and funding issue for several months. Mr. Domke believed that staff and SKB were in agreement on all issues. Council Member Shoe Corrigan questioned the standards for the building's exterior materials and if the standards were relaxed because it was on public right -of -way. Ms. Lindquist explained that the building was not on public right -of -way at this time but would be in the future. She stated that the Planning Commission recommended the relaxed standards of 40% masonry coverage with the rest in metal. Council Member Shoe Corrigan preferred 100% masonry coverage on the northwest side. Mayor Droste commented that the building would not be seen from the highway. Mr. Zweber added that the building would not be seen from 140 Street or Highway 55. He pointed out that the property to the ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 north and west was owned by Flint Hills Mr. Zweber stated that a road would likely come south adjacent to the railroad tracks and that the building would be visible should Flint Hills develop its property. Rick O'Gara with SKB stated his concerns about whether or not a road would be built. He stated that SKB was acting on the project now and needed to build a large recycling facility. He stated that trying to put a large amount of masonry on the building would increase the costs. Mr. O'Gara believed the criteria was too restrictive when it would not be visible from the highway. Mr. Zweber stated that staff did require tip -up panels. Ms. Lindquist stated that the only requirement when the building was approved was to go through site plan approval. She added that there were no building standards in the municipal waste zoning district. Mr. O'Gara stated that City staff did a thorough job on the expansion review. Council Member Baxter complimented staff on a good job sorting out the issues and the Planning Commission for doing the heavy lifting. He thanked SKB for dealing with waste in a safe and responsible manner. He added that the restructuring of the trust fund was done to benefit all the citizens and stated his support for the expansion. Mayor Droste echoed Council Member Baxter's statements about the safety mechanisms. He applauded the facility management and stated support of the expansion. Motion by DeBettignies. Second by Baxter. Motion to adopt a resolution approving the interim use permit and attachments including the Development Commitment to SKB Environmental, Inc. for the operation of a waste facility. Motion to adopt a resolution issuing a negative declaration of need for an Environmental Impact Statement at the SKB industrial waste facility. Motion to approve the Notice of Wetland Conservation Act Decision /Findings and Conclusions. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motions carried. (Resolutions 2008 -85 and 2008 -86) ANNOUNCEMENTS Mayor Droste announced that Governor Pawlenty appointed Council Member Baxter to a judgeship in Le Sueur County. Mayor Droste stated the next regular City Council meeting would be held on October 21, 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 9:51 p.m. Respectfully Submitted, ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 Amy Domeier, City Clerk