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.
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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.
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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
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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)
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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
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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.
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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)
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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
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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,
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Amy Domeier, City Clerk