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HomeMy WebLinkAbout6.a. Minutes of June 15, 2004 Regular City Council MeetingI& Mw 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, June 15, 2004, 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 DeBettignies, Riley, and Strayton present. Council Member Shoe - Corrigan was absent. Also present were City Administrator Verbrugge, City Attorney LeFevere, Community Development Director Lindquist, City Engineer Brotzler, Police Chief Kalstabakken, Parks & Recreation Director Schultz, and City Clerk Jentink. The Pledge of Allegiance was led by the Girl Scout Gold Award recipients. Mayor Droste and City Council received a request from city staff for an additional item under the Consent Agenda: Item 6. q. Resignation of Planning/Personnel Secretary. Staff requested Item 6.i. Evermoor Glendalough 4 th Addition Final Plat, Lundgren Brothers be pulled due to plat changes by the developer. The order for Items 9.a. and 9.b. was reversed because the amendment specifically relates to the action requested. Mayor Droste moved to accept the agenda as amended. Second by Riley. Ayes: Four. Nays: None. The agenda was adopted. No public comments were offered from the audience. Girl Scout Gold Award Presentation Mayor Droste reviewed the requirements set for Girl Scouts to achieve the Girl Scout Gold Award. The activities promote community service, personal and spiritual growth, positive values, and leadership skills. Droste noted that about 3,000 Girl Scouts in the United States earn the Gold Award annually and 108 young women earned the award in 2004 in our area, Girl Scout Council of St. Croix Valley. Mayor Droste presented Certificates of Appreciation to Julie Schlichte and Katie Diekes who developed a pilot program to help local teens understand relational aggression. Briana Robertson, Bree Malone, and Teresa Sperl also were honored for that project. Mayor Droste presented Jenny Mike with a certificate. Jenny Mike had worked with Virginia Westlie and their project was sending care packages to the National Guard's men who were deployed overseas. The following Girl Scouts were not able to be present due to travel and other commitments: Tonya App and Molly Jabas who produced books for reading for students who have English as their second language; Megan Campbell and Chrystal Ruiz assembled layettes for young moms in the area; and Rebekah Kelly and Cami Little produced a reading program at the Family Resource Center that included craft activities and games. Mayor Droste and each Council Member commended the Girl Scout Gold Award recipients and thanked them for their contribution to the community. Commissioner Recognition Mayor Droste presented Jeff Weisensel with a plaque of appreciation from the City for his seven years of service on the Planning Commission. Mr. Weisensel served from February 1997 to March 2004. Presentation and Acceptance of 2003 Comprehensive Annual Financial Report (CAFR) Daryl D. DeKam presented a review of the audit performed by Virchow, Krause & Company for the City of Rosemount. The audit reported on the year ending December 31, 2003. This audit 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 2004 included a change in format due to GASB 34 implementation which included a full inventory of values for such things as roads, sewers, storm sewers and watermains. This is the largest change in state law audit procedures in fifty years. The GASB 34 information will be helpful to compare City information year to year and to compare issues with other cities. The report was very favorable. City Administrator Verbrugge thanked Mr. DeKam for the audit and Finance Director May and his staff for the many hours of work to provide the needed information. Also, Engineer Technician Mark Fremder supplied a vast amount of detail from the GIS System which was essential in the completion of the audit. MOTION by Riley to adopt A RESOLUTION ACCEPTING THE 2003 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Second by Strayton. Ayes: Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Consent Agenda MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.i. and the addition of Item 6.q. Resignation of Planning/Personnel Secretary. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Droste. Nays: None. Motion carried. a. Minutes of June 1, 2004 Regular City Council Meeting b. Minutes of May 10, 2004 Work Session C. Minutes of March 13 and March 31, Special City Council Meetings d. Bills Listings e. Receive Donation — Parks & Recreation Department f. Expenditure from Donation Account — Parks & Recreation Department g. Amendment to City Code Title 9 Chapters 1 and 2, Second Reading h. Receive Plans & Spec's /Authorize Ad for Bid - Glendalough 4th Addition Street & Utility Improvements, City Project #386 i. Evefmeer- Gleadaleugh 4th Addifien Final Plat, Lundgren Br-ether-_s j. 3.2% Malt Liquor License Renewals k. Dakota County Drug Task Force Joint Powers Agreement 1. Hiring of a Police Receptionist M. Hiring of Payroll Clerk n. Set Public Hearing for Downtown Redevelopment Plan o. Amendment to City Code, Title 6 for Fireworks P. Amend City Code for Penalty Clause q. Add -On Resignation of Planning /Personnel Secretary PUBLIC HEARING: Liquor License Fees Increase City Clerk Jentink presented the liquor fee increases as they were described in the Fee Resolution approved on December 16, 2003. The fees increased were: Off -Sale 3.2% Malt ($150 to $160), Temporary On -Sale Intoxicating ($100 to $120), Temporary On -Sale 3.2% Malt ($85 to $100), Bottle Club ($85 to $90), and Amendments to Existing Liquor License ($115 to $130). Liquor establishments were given thirty days notice by letter for the Public Hearing. Mayor Droste opened the Public Hearing for audience comment. No comments were offered. 1 e 2 r r' ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 2004 MOTION by DeBettignies to close the Public Hearing for Liquor License Fees Increase. Second by Riley. Ayes: Four. Nays: None. Motion carried. MOTION by DeBettignies to confirm the established liquor fees for the City of Rosemount. Second by Strayton. Ayes: DeBettignies, Droste, Riley, Strayton. Nays: None. Motion carried. Carrollton 2, 3,& 4 Additions Rezoning from R -A to R1 -A Community Development Director Lindquist gave an overview of why this request was before the Council. R1 -A was created to acknowledge single -story or rambler housing patterns. Many homes had five -foot side yard setbacks which gave them a non - conforming status until rezoned to R1 -A. Some residents in the Carrollton neighborhood desired to build an additional garage within the ten -foot setback. The direction to staff was to rezone the neighborhood and allow that opportunity. The Planning Commission held a public hearing on April 27, 2004 where three residents spoke in favor of rezoning and four residents spoke in opposition of it. The public hearing was continued to May 25, 2004 due to notice requirements. Residents at that meeting voiced concerns about changing the character of the neighborhood. The Planning Commission unanimously recommended denial of the zoning amendment. Council Member Riley was in favor of allowing flexibility to the homeowners by relaxing the side yard setbacks and allowing them to invest in their existing homes and invest in their properties. Council Member DeBettignies noted that residents knew the side yard setbacks when they purchased their homes. City Engineer Brotzler was asked if drainage would be affected by adding a garage stall. Brotzler noted that it could change the drainage but it would need to be determined on a case -by -case basis. Council Member Riley thought the Carrollton neighborhood should have been rezoned with the other neighborhoods in 1992 to Rl -A. Mayor Droste noted that with five -foot setbacks people are not able to park recreational vehicles in their backyard for storage. Council Member Strayton stated he was not in favor of the rezoning. Community Development Director Lindquist noted that the next item on the agenda, a zoning text amendment, clarifies the definition of housing styles. MOTION by DeBettignies to deny the rezoning of the Carrollton 2' , 3 and 4 th Additions from R1 to Rl -A. Second by Strayton. Ayes: Droste, Strayton, DeBettignies. Nays: Riley. Motion carried. Zoning Text Amendment of Section 6.6 Community Development Director Lindquist pointed out the proposed revisions to the minimum side yard setback. The ordinance language does not negatively affect properties currently zoned R1 -A by changing standards and therefore making existing structures nonconforming. Newer split -level housing styles may cause some confusion in interpreting the ordinance without the proposed revision. The recommendation would reduce the potential for misinterpretation or appeals of the staff interpretation of the standard. MOTION by Strayton to adopt AN ORDINANCE AMENDING SECTION 6.6 OF THE ZONING ORDINANCE. Second by DeBettignies. Ayes: Riley, Strayton, DeBettignies, Droste. Nays: None. Motion carried. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 2004 Brockway Area Preliminary Plat, Planned Unit Development Final Development Plan, Shoreland Overlay District Permit and Wetland Conservation Act Permit and Outlots of Brockway Final Plat Community Development Director Lindquist introduced Andrea Moffot from WSB Engineering. Ms. Moffot explained that three of the wetland areas had been created for effluent treatment and thereby are not protected by the Wetland Conservation Act and are exempt under Minnesota Rules 8420.0122, Subp. 5. This was verified by the Wetland Conservation Act Technical Evalua Panel on May 26, 2004. Wetland, number WMP 356, next to County Road 38 on the north side of the property is protected as a Manage II classification. A 30 -foot average buffer is required around the pond. The improvements to CR 38 will impact one side of the pond which will require an expansion on the south side of the wetland. The road will likely be about fifteen feet from the wetland on one side. Mayor Droste asked about the status of Keegan Lake. Lindquist responded that it is DNR protected. Mayor Droste asked about environmental cleanup by the three exempt wetlands. Mike Waldo, from Contractor's Property Development Company (CPDC), explained that the environmental cleanup would require a four -foot buffer to the surface to be considered environmentally safe. Development could occur over these areas in the future. City Engineer Brotzler noted that a lift station may be desired in the water runoff pond off Connemara Trail near the railroad line. The storm sewer has been installed ready to be equipped with a lift station when needed. Additional easements are needed for retaining walls. The standard road width is 28 feet. Community Development Director Lindquist reviewed the proposed changes to the Brockway preliminary plat. The garage size varied with the minimum of 320 square feet. The clubhouse was downsized but still included two meeting rooms, bathrooms, and changing rooms for the pool. The clubhouse would eventually be turned over to the homeowners association and there would be room to expand. The conservation easements would be similar to Evermoor's. The Homeowner Association would maintain the sidewalks. Todd Stuton, President of Rottlund Homes, reviewed the detail of the housing styles. The townhomes would be eight and ten unit buildings. There would be single family and senior housing as well as affordable housing. It was noted that the theme is an older architectural style with front porches and streetscapes. David Hempel reviewed the park dedication requirement and the pipeline easement that goes through the park area, and layout of the athletic fields. The roads will not go in until November. The park dedication is required with the first phase. Hempel asked if they could dedicate the cash and install the amenities in the second phase. He felt the developer could do the projects cheaper than the city. The plan currently proposes 14 %2 acres of parkland and a cash payment of $635,000. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 2004 This was a discussion item only. The Brockway development and adjoining documents will be considered at the July 6, 2004 regular City Council meeting. Announcements Council Member DeBettignies noted the D.A.R.E. graduation for Shannon Park Elementary held on June 9, 2004. DeBettignies thanked Police Chief Kalstabakken and Officer Tim Murphy for their support and participation of the drug awareness program. Council Member Riley attended the event. Congratulations are extended to all Shannon Park Elementary fifth grade participants. D.A.R.E. essay winners were Megan Fitzgerald, Tony Prostrollo, Sam Moffat, Selena Carlson, and Jonathon Bishop. The D.A.R.E. Spirit award was presented to Sarah Scinto. Council thanked those involved and was proud that the children could gain this knowledge. Mayor Droste reviewed the upcoming meetings for City Commissions and City Council. Droste noted that a Special Election had been called by Governor Pawlenty to select the District 37 Senate position on July 13. A primary may be necessary dependent on how many candidates run in a party. Mayor Droste adjourned the meeting at 9:46 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2004 -23.