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Home My WebLink About6.a. Minutes of March 15, 2005 Regular City Council Meeting � ti = � ROSEMOUNT CITY PROCEEDI�iGS , � i :»�� `�� ; REGULAR MEETING _ MARCH 15,2005 Pursuant to due call and notice thereof, a reguiar meeting of the Rosemount City Council was duly held on Tuesday, March 15, 2405, at 7:30 p.m. in the Council Chambers at Gity Hall, 2875 145`h Street West. Mayor Droste called the meeting to order with Council Members Shoe-Corrigan, Ba�cter, Sterner and DeBettignies attending. Staff inembers present were City Administrator Verbrugge, City Attorney LeFevere, Parks & Recreation Director Schultz, Community Development Directar Lindquist, City Engineer Brotzler, Communications Coordinator Cox, and Finance Director May. Boy Scouts, Troop 207 presented the Colors and led the group in the Pledge of Allegiance. , City Administratar Verbrugge presented three additional items for the consent agenda and a map for Item 8.a. Ordinance Amendment of City Code 3-1-2, Liquor Regulations. The Consent items were l) Lebanon Hills Regional Park Stormwater, 2} Driveway Easement for Wiklund Property, and 3) Community of Hope Lutheran Church Administrative Plat and Conditional Use Pernut. Mayor Droste moved to accept the agenda with additional Consent items 6.r., s. and t. and to add the map for consideration on item 8.a. Second by Shoe-Corrigan. Ayes: Five. Nays: None. The agenda was adopted . Eagle Scout Awards Mayor Droste commended Mark Croke and Chase Raberge for recei�ing the highest award achievable from the Boy Scouts of America program, the Eagle Award. They have displayed outstanding qualities that benefit Rosemount's residents and reach beyond our community. Mark Croke gave an overview of his Eagle Scout project, which was to clean ten miles of the : Zumbro River. Mark worked with ten boy scouts and ten adults with six canoes and a fiat boat on October 16, 2005. They were able to recover SQ0 to 800 pounds of debris including six tires from the river. Mark said it was cold, but no one got wet and the trip was successful. Mark's Scoutmaster was Bill Kilzer, Troop 207 and Tom Hannash was the Scout Comrnittee Chair. Marks parents are Patrick and Louise Croke. Scoutmaster Tim Bishop introduced Chase Raberge from Troop 270. Chase's project was to refurbish the headquarters of the Turn in Poachers Organization, 2995 Sibley Memorial Highway, Eagan. He led a team of twenty people on two weekends cleaning and trimming landscaping. Chase is a senior at Rosemaunt High School His parents are Todd and Kim Raberge. Mayor Droste presented Certificates of Acknowledgements to Mark Croke and Chase Raberge Mayor Droste and Council Members applauded the Eagle Scouts and their initiative to better their world. Mayor Droste also thanked the boy scout families who supported them and set good examples. Spirit of Rosemount Awards Police Chief Kalstabakken reported an incident when a life was saved by strangers giving aid. Lyndon Cowell had traveled 60 miles to see his grandson in a swim meet at Rosemount Middle School. As he watched he experienced chest pains and quickly became unconscious. Three 1 �, ROSEMOUNT CITY PROCEEDiINGS l REGULAR MEETING "�-� MARCH 15,2005 women came to his side and began CPR procedures. His grandson, Joshua Beasiey, knew where the automatic external defibrillator (AED) was a� the school. Josh ran to get the AED and brought it back to his grandfather's side.Barbara VailOdash, Mary Lalla and Diane Shaemaker � were successful in reviving Lyndon Cowell. Joshua also convinced his reluctant grandfather to enter the axnbulance. Mr. Cowell's family expressed great thanks for the willingness of the wamen to give aid and the forethought of the school district to have an AED available. Mayor Droste presented the Spirit of Rosemount certificates to Barbara VailOdash, Mary Lalla, Diane Shoemaker, and Joshua Beasley for their heroic and life-saving actions. Consent Agenda Council Member Sterner requested Consent items 6.m, and 6.n. be pulled for discussion. Mayor Droste requested that item 6.r.be pulled for discussion. � 1VIOTION by DeBettignies to approve the Consent Agenda with the addition of item r., s. and t. and the removal of rn., n. and r. for discussion. Second by Shoe-Corrigan. Ayes: Baxter, � " DeBettignies, Shoe-Corrigan,Droste; Sterner. Nays: None.Motion carried. a. Minutes of March 1, 2005 Regular City Council Meeting b. Minutes of March 3, 2005 Special Meeting, Commissioner Interviews c. Bills Listing d. Receive Donation for Parks&Recreation Department e. Expenditure Approval from the Donation Account for Parks&Recreation Department f. Encumbrance af 20Q4 Budget Items Forwazd to 2005 g. Fund Balance Transfer/Encumbrance h. Medical Leave for a Firefighter i. Dakata County Drug Task Force Joint Powers Agreement j. ' Payment#6 &Final for Keegan Lake Outlet, City Project 343A - k. Payment #8 & Final -for..Evermoor Clare Downs and Crosscroft Street & Utility Improvements, City Projects 35$:and 359 L Receive Bids/Awaxd Contract for Well Na 14, City Project 382 rr, M�.,a,,.,.� ,.��.,,,,,,,�ol.a DTTTI TiT.,;..,. A,,.,e„a.,,er,. ��.,,,,,s,,� r+.,�a nc nn n�;m � � . . J Vl L1VV1S11IVZ�S � � � �� . �--r4�e��s--e�—��ee�€te��--��o„ �;,,,,� �i„+ „a �.,i.,a•.,;�;,.,, r�� ,. : „t �i„,,,,;.,,,n„�o nc nc �n e � o. Set Special Meetings for Fire Station#2 p. Set Public Hearing Date for the Issuance of Bonds for Fire Station#2 q. Kathy Trimble Custom Homes, Inc. PUD Master Development Plan and Final Site and Building Plan and Preliminary Plat �aa !� T t,. LT'ti� De..;,,,,.,1 �,,,-t� Q+ � .. . � .. c�uia—vu�c. � � � . . � . . s. Add-On Driveway Easement for Wiklund Property t. Add-On Gommunity of Hope Lutheran Church Administrative Plat and Conditional Use Permit Meadows of Bloomfield PUD Major Amendment, Planning Case 05-04-AMD Council Member Sterner had concerns about the reduced density and a pipeline easement near 2 , ' �R � ROSEMOUNT CITY PROCEEDINGS � REGULAR MEETING ' MARCH 15, 2005 homes. Community Development Director Lindquist noted that the Planning Commission had held a public hearing for the PUD amendment. The pipeline setbacks and frontyard setbacks have been maintained. The new housing type introduced is a two-story single-family detached � house that will ft on a 56-foot wide lot. There are seven lots that have room for a third garage stall so the developer is asked to place homes on the lot to a11oEv an expansion of a 3`d stall. Chad Onsgard of Centex Homes, reported that the homes have separate small lots. There is a master homeowners association which will attend to maintenance of all boulevards. The singie- famiiy homes will not belong to the homeowner's association. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE MAJOR AMENDMENT TO THE MEADOWS OF BLOOMFIELD PLANNED UNIT DEVELOPMENT subject to conditions. Second by Baxter. Ayes: Baxter, DeBettignies, Shoe- Corrigan, Droste. Nays: Sterner. Motion carried. Meadows of Bloomfield Third Addition Final Plat and Subdivision Development Agreement, Planning Case OS-OS-FP Community Development Director Lindquist noted that this is consideration for the final plat which is affected by the previous item's approval. The 33-townhouse units axe replaced by 26 single-family lots in Block 1. Several single-family lots have been eliminated as a result of responding to a demand for larger houses. The development is 44.5 acres and provides for 118 single-family lots. MOTION by Sterner to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR MEADOWS OF BLOOMFIELD THIRD ADDITION subject to conditions and to authorize the execution of the subdivision development agreement. Second by Baxter. Ayes: Droste, Baxter,DeBettignies, Shoe-Corrigan. Nays: Sterner. Motion was withdrawn. Discussion ensued. Council Member Baxter called a Point of Order noting that the motion maker cannot vote against his own motion per Roberts Rules. City Attorney LeFevere was unaware of this rule. Council agreed to repeat the motion. MOTION by Baxter to adopt A RESOLUTION APPROVING THE FINAL PLAT F�R MEA.DOWS OF BLOOMFIELD THIRD ADDITION subject to conditions and to authorize the execution of the subdivision development agreement. Second by DeBettignies. Ayes: Shoe- Corrigan, Droste, Baxter, DeBettignies. Nays`. Sterner. Motion carried Lebanon Hills Regional Park Stormwater Mayor Droste requested an explanation of this drainage policy. City EngineerBrotzler reviewed the resolution noting Rosemount's ability to divert 300 acres of runoff away from Lebanon Hills Regional Park to the south and setting a policy in place to make improvements for downstream flood protection benefit. Council Member Baxter pointed out a language change in condition 1. that would add the statement "at a cost deemed reasonable by Rosemount." It was questioned if the "City"referred to City of Rosernount or City Council. City EngineerBrotzler noted that any cash compensation is always considered by City Council. 3 ROSEMOUNT CITY PROCEEDINGS� . REGULA.R MEETING MARCFI 15, 2045 MOTION by DeBettignies to adopt _ A RES4LUTION OUTLINING POLICY FOR MANAGING OF DRAINAGE FROM AREAS IN ROSEMOUNT TO LEBANON HILLS REGIONAL PA1tK with the structural ward chan e on condition 1. g , page two to include,"at a cost deerned reasonable." Ayes: DeBettignies, Shoe-Corrigan, Droste Sterner, Baacter. Nays; None. Motion carried. . PUBLIC HEARING: Liquor License Fee Changes City Clerk Jentink presented the fee increases to liquor licenses for off-sale 3.2%malt, temporary on-sale intoxicating, temporary on-sale 32% malt, bottle club, and amendment applicatian. The fees had been reviewed in December, 2004 with the annual Fee Resolution. Springsted and Associates reviewed all permit and license fees at that tirne and made recommendation to increase these liquor license fees. All liquor establishments received a 3Q-day written notice ta respond at this public hearing. Mayor Droste opened the Aublic Hearing for liquor license fee changes. No comments were received. MOTION by DeBettignies to close the Public Hearing for liquor license fee changes. Second by Baxter. Ayes: Five. Nays:None. Motion carried. MOTION by Baxter to approve the liquor license fee increases as presented in the Fee Resolution for 2005. Second by DeBettignies. Ayes: Sterner, Baxter, DeBettignies, Shoe- Corrigan, Droste. Nays: None. Motion carried. Ordinance Amendment City Code 3-1-2,Liquor Regulations Police Chief Kalstabakken presented an amendment to the liquor regulations that would update the changes made by the legislature in liquor license limits in Minnesota. Rosemount has held on-sale liquor licenses to six when state law would aliow twelve. The legislative change does not limit the number of liquor establishments if it is a restaurant, hotel, theater, club, wine store or bowling center. This definition leaves only two liquor establishments with Class A "bar" liquor licenses, Celts and Shenanigans. Staff is proposing to limit the Class A license available at two in order to encourage more restaurant type businesses that residents have indicated they would like. City Attorney LeFevere noted that the area approved for a liquor license can be part of a strip mall and our ordinance requires a liquor business must be 300 feet from a church or school. There is no restriction for a liquor license to be issued near a daycare. Council discussed the restriction for a 300-foot right-of-way from County Road 42 for a Class A liquor license. This restrictian could push a bar closer to residential on 1515` Street. Council Member Shoe-Corrigan was concerned for the future development of County Road 42 to the east and the effect of this restriction. Staff indicated the restriction was intended for the downtown area, Diamond Path to Highway 3. Council Member DeBettignies considered the ability for a hotel to have a lobby bar without food. DeBettignies did not wish to deter a developer from Rosemount because of the limited number of Class A liquor licenses available. 4 � � 4 + ROSEMOUNT CITY PROCEEDINGS • REGULAR MEETING MARCH 15, 2005 Mayor Droste said that the 42/52 corridor development that is in process may affect the liquor requirements. Droste suggested approving the recommended .amendment and reviewing tlus again when the whole County Road 42 corridor zoning is decided. Council Member Sterner agreed. Community Develapment Director Lindquist recommended if more Class A liquor licenses are allowed that only hotels would be included. MOTION by DeBettignies to approve amendments to City Code 3-1-2, paragraphs B and L related to liquor regulations. Second by Sterner. Council Member Shoe-Corrfgan requested a friendly amendment to the motion with the elimination of the sentence restricting development along CR 42. DeBettignies and Sterner agreed ta the change. MOTION by DeBettignies to approve amendments to City Code 3-1-2, paragraphs B and L related to liquor regulations including the eliminati�n of the sentence in Section 3-1-2,paragraph B2, regarding the 300 foot right-of-way. Second by Sterner. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe-Comgan. Nays: None. Motion carried. Gity Acquisition of 3245143�d Street West Community Development Director Lindquist reported that the interest rate was r�duced one percentage point,to 6%, and the relocation cost, though not final, will likely be $20,000. Council Member Baxter said the relocation cost could be better described as a displacement cost in this case. Wilson Development has handled the negotiations for the purchase agreement and relocation. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE PURCHASE OF 3205 143� STREET WEST FOR DOWNTOWN ROSEMOUNT REDEVELOPMENT. Second by Baxter. Ayes: Shoe-Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None: Motion carried. Commissioner Appointments Mayor Droste and Council Members were proud that the applicants for the commissioner positions were high quality citizens who were willing to step forward and serve the City. Applicants were interviewed by Council and City Administrator Verbrugge on March 3, 2005. ' City Council recommends the fallowing appointments: Kelly Sampo, Parks &Recreation to finish Phillip Sterner's 2-yr. term, expiring 2007 Eric Johnson, Parks &Recreation 3-yr. term to 2008 Mark Jacobs, Parks &Recreation 3-yr. term to 2008 Thomas Kempe, Utilities Comm. 3_yr.term to 2008 Bruno DiNella, Port Authority 6-yr. term to 2011 7ohn Powell, Planning Comm, 3-yr. term to 2008 Jason Messner, Planning Comm. 3-yr. term to 2008 MOTION by Droste to appoint commissioners as presented: Kelly Sampo -Parks & Recreation 2-yr. term; Eric Johnson, Parks & Recreation 3-yr. term, Mark Jacobs, Parks &Recreation 3-yr. term; Thomas Kempe, Utilities 3 yr. term; Bruno DiNella, Port Authority; 6-yr. term, John 5 � ROSEMOUNT CITY PROCEED'11�GS,' . REGULAR MEETING ` MARCH 15,2005 : Powell, Planning 3-yr. term; and Jason Messner, Planning, 3-yr. term. Second by Sterner: Ayes: DeBettignies, Shoe-Corrigan, Droste, Sterner,Baacter. Nays: None. Motion carried. Legislative/Intergovern mental Parks and Recreation Director Schu�tz reparted on the legislative initiative by the Solid Waste Management Coordinating Board to create a viable solution for electronic waste. On July 1, 20Q5 electronic wastes will no longer be allowed in landfills. Electronic products usually contain lead and contribute to our water, air, and soil pollution. The resolution suggests requiring manufacturer responsibility, and reliable and convenient collection options, and a funding method that does not require substantial end-of-life fees. MOTiON by Sterner to adopt A RESOLUTIQN SUPPORTING THE SOLID WASTE MANAGEMENT COORDINATING BOARDS' LEGISLATIVE INITIATIVE TO CREATE A VIABLE SOLUTION FOR ELECTRONIC WASTE. Second by DeBettignies. Ayes: Baxter, DeBettignies, Shoe-Corrigan, Droste, Sterner. Nay: None:Motion carried. National League of Cities Conference Mayor Droste and City Administrator Verbrugge attended the National League of Cities Conference in Washington, D.G City Administrator Verbrugge said-the four main issues were as follows: 1) Community Development Block Grant possible elirnination; 2) Transportation Bill; 3) Federal Tax Reform; and 4) Visiting members of Congress about Rosemount issues. ; Congressman Kline is invited to speak to Rosemount's City CounciL State of the City Address on Cable TV Mayor Droste presented a State of the City address on March 8, 2005. This was recorded and will be replayed on cable channel 22 and FTTH channel 7. Communications Coordinator Cox noted that the audio is also on the city web page. Council Member Baxter said there was good attendance on March 8th and the content in form and substance was e�cellent. Baxter thanked the strong business community in Rosemount for their participation. Announcements Mayor Droste reviewed the upcoming regular meetings. , . Four Council Members attended the American Legion's 100 Year Celebration on March 12, 2045. Awards were given to Police Officer of the Year, John Winters and Firefighter of the Year, Chris Dyson. Councii Member Baxter gave a well-prepared appreciation speech for the City. Mayor Droste moved to adjourn the meeting at 9:12 p.m. Second by DeBettignies. Ayes: Five. Nays:None. The meeting was adjourned. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda packet is Clerk's File 2005-11. 6