HomeMy WebLinkAbout6.a. Minutes of February 3, 2004 Regular City CouncilROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
CQ FEBRUARY 3, 2004
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, February 3, 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, Strayton, and
Shoe - Corrigan present. Council Member Riley was ill. Also present were City Administrator
Verbrugge, City Attorney LeFevere, City Engineer Brotzler, Community Development Director
Lindquist, Parks and Recreation Director Schultz, Recreation Supervisor Maurer, and Human
Resources /Communication Coordinator Weitzel. The Pledge ofAllegiance was said.
City Administrator Verbrugge requested two items be added to the Consent Agenda: 1) D.A.R.E.
and Police Liaison Services Agreement for the 2003 -2004 school year; and 2) Reschedule March
2, 2004 City Council meeting due to precinct caucuses. Mayor Droste moved to accept the
agenda. Second by Strayton. Ayes: Four. Nays: None. The Agenda was adopted.
Certificate of Appreciation for Eagle Scout Award
Mayor Droste commended Ryan Spindler, 4202 157 Street West, for receiving the highest
award achievable from the Boy Scouts of America, the Eagle Scout Award. Mr. Spindler's scout
project provided dressers for the Catholic Charities' Furniture Warehouse for needy families. Mr.
Spindler had support from Boy Scout Troop 207, his Senior Patrol Leader Mark Croke, and
Scout Master Russell Patience. Mr. Spindler's parents, Mark and Cindy Spindler and his family
were in the audience. Mayor Droste presented Ryan Spindler with a Certificate of Appreciation
from the City of Rosemount to honor his accomplishments. Mr. Spindler thanked the city and
noted that the Boy Scouts had provided him with many fun experiences.
Minnesota Recreation and Parks Association (MRPA) Communications Award
Parks & Recreation Director Schultz explained that the joint efforts of the cities of Eagan, Inver
Grove Heights, Apple Valley, Rosemount, Independent School District 196 and the Southwest
YMCA had produced a Youth and Teen Program Guide for 2002 from the MRPA. The guide
was designed to target youth in grades 5 to 12 with a variety of traditional and non - traditional
recreational opportunities, volunteer work, and job opportunities. Recreation Supervisor Lisa
Maurer accepted the award from Sandy Breuer of Eagan Parks Department, representing the
MRPA. Breuer commended the joint efforts and Rosemount's excellent professionalism. Ms.
Maurer accepted the award on behalf of the Parks & Recreation Department and their staff.
Consent Agenda
Mayor Droste requested that 6.s., D.A.R.E. and Police Liaison Services Agreement for the 2003-
2004 School Year; and 61 Reschedule March 2, 2004 City Council Meeting be added to the
Consent Agenda. Council Member Strayton requested discussion on Items 6. h., j., k., and 1.
MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.h., j., k.,
and 1. for discussion and the addition of Items 6. s. and t. Second by Shoe - Corrigan. Ayes:
Droste, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried.
a. Minutes of January 20 „2004 Regular City Council Meeting
b. Minutes of January 14, 2004 Committee of the Whole Meeting
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 3, 2004
c. Minutes of January 20, 2004 Special Joint Meeting
d. Bills Listing
e. Receive Donation from Parks & Recreation Department
f. Receive Donation from Fire Department
g. Expenditure Approval from Donation Account for Parks & Recreation Department
h. Meadows of Bloomfield Planned Unit Development (PUD) Agreement Discussed
i. Receive Feasibility Report/Set Public Hearing- Meadows of Bloomfield, City Project 380
j. Bloomfield 7 th Addition Final Plat and Subdivision Agreement Discussed
k. Authorize Preparation of Plans & Specifications - Bloomfield 7 th Addition, City Project 384
1. Brockway Property Environmental Assessment Worksheet (EAW), City Project 381 Discussed
m. Authorize Feasibility Report- Biscayne Pointe North, City Project 370
n. 2004 Solid Waste Hauler Licenses
o. Payment #10 & Final — Trunk Highway 3 Improvements, City Project 318
p. Tier II Comprehensive Sewer Plan
q. Wakota Mutual Firefighter's Aid Association Fire Service Agreement
r. Hiring of Parks Supervisor
s. D.A.R.E. and Police Liaison Services Agreement for the 2003 -2004 School Year
t. Reschedule March 2, 2004 City Council Meeting
Meadows of Bloomfield Planned Unit Development Agreement
Council Member Strayton reviewed the process for approval of a Planned Unit Development
(PUD) and questioned what would trigger an amendment to the PUD. Community Development
Director Lindquist explained the administrative, minor, and major amendments. The
administrative amendment does not require City Council consideration, but the minor and major
amendments do.
MOTION by Strayton to authorize the execution of the Planned Unit Development Agreement
for Meadows of Bloomfield Centex Homes. Second by DeBettignies. Ayes: Strayton,
DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried.
Bloomfield 7 th Addition Final Plat and Subdivision Agreement
Council Member Strayton asked about the pipeline easement. City Engineer Brotzler responded
that Biscayne Pointe North was a similar issue as discussed regarding limited landscaping that
was allowed in the pipeline easement. The agreement's Condition 3. covered compliance with
pipeline easements. Council Member Shoe - Corrigan had concerns for the driveway access
across the pipeline easement.
MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE FINAL PLAT
FOR BLOOMFIELD 7 TH ADDITION final plat request from Centex Homes to subdivide
approximately 27.1 acres of the Bloomfield development into 33 single - family units and enter
into a subdivision agreement. Second by Shoe - Corrigan. Ayes: DeBettignies, Shoe - Corrigan,
Droste, Strayton. Nays: None. Motion carried.
Authorize Preparation of Plans & Specifications for Bloomfield 7 th Addition, C.P. 384
Council Member Strayton withdrew his discussion request.
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MOTION by DeBettignies to adopt A RESOLUTION AUTHORIZING THE
PREPARATION OF PLANS AND SPECIFICATIONS FOR BLOOMFIELD 7TH
ADDITION STREET AND UTILITY IMPROVEMENTS CITY PROJECT 384. Second
by Shoe - Corrigan. Ayes: Shoe - Corrigan, Droste, Strayton, DeBettignies. Nays: None. Motion
carried.
Brockway Property Environmental Assessment Worksheet (EAW), City Project 381
Council Member Strayton requested a review of the process that triggers an EAW. City Engineer
Brotzler explained that smaller developments use the EAW and that larger developments use the
EIS (Environmental Impact Statement) such as airport planning or major interchange
development. The EAW is mandatory for residential developments based on the number of
housing units. Strayton noted he had received some calls from concerned residents. Community
Development Director Lindquist pointed out that even when development is proposed in phases,
the entire concept is considered. A recent example of that is the Evermoor development.
MOTION by DeBettignies to authorize distribution of the Brockway Property Environmental
Area Worksheet (EAW) for the 30 -day comment period. Second by Shoe - Corrigan. Ayes:
Droste, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried.
Water Conservation Ordinance - Second Reading
City Engineer Brotzler explained the current ordinance for water conservation that employs a
system of watering for residents dependent on even and odd calendar dates and matching the last
number of their address house number to the date, either even or odd. In the past, the Police
Department would issue a tag which was a misdemeanor for violation of the ordinance and the
resident would have to go to court in response, resulting in a fine. The proposed amendment
would allow the penalty to be imposed administratively and a fine would result. This would take
the burden off the Police Department and allow the Public Works Department to notice violators.
Brotzler noted that the aim of this amendment is to educate the public on water conservation and
staff does not wish to impose any violations. Also, the amendment would require that all
residents restrict their lawn watering between the hours of noon and 6:00 p.m. everyday between
May 1 st and August 31st. Watering at this time of day is less effective and more wasteful during
hot weather. Discussion was held whether to use a restricted seasonal period or the calendar
year. City Attorney LeFevere noted that a calendar year is easier to enforce. The ordinance and
resolution were adjusted accordingly.
MOTION by Shoe - Corrigan to ADOPT AN ORDINANCE RELATING TO LAWN
SPRINKLING IN THE CITY; AMENDING ROSEMOUNT CITY CODE, TITLE 4
CHAPTER 1, SECTIONS 4 -1A -3 AND 4 -1A -6 AND AMENDING SECTION 1 B. Second
by Strayton. Ayes: DeBettignies, Shoe - Corrigan, Droste, Strayton. Nays: None. Motion carried.
MOTION by DeBettignies to adopt A RESOLUTION ESTABLISHING PENALTIES FOR
VIOLATIONS OF CITY CODE SECTION 4 -1A -3 and the suggested changes under numbers
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1 to 4 striking the "one" and "period" to be replaced by "calendar." Second by Strayton. Ayes:
Shoe - Corrigan, Droste, Strayton, DeBettignies. Nays: None. Motion carried.
Special Event Policy
Parks & Recreation Director Schultz presented the Special Event Policy in the hopes of building
a strong future for special events and to help assist the volunteer coordinators. This would
provide guidelines governing the review of requests from such organizations for in -kind services
provided by the City. This policy would also help insure that events are being organized in an
efficient and effective manner. This policy would help by having a recorded history of the
organization of events on an annual basis which would help insure continuation of the events into
the future. Council asked that staff continue to be reasonable and work with these committees in
an effort to pass on these new requirements.
MOTION by Shoe - Corrigan to approve the Special Event Policy. Second by DeBettignies.
Ayes: Droste, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried.
Villella Lot Slit and Recombination of Outlot B, Country Hills Fifth Addition
Community Development Director Lindquist presented Mr. Ronald Villella's request to divide
Outlot B of County Hills Fifth Addition, north of Daffodil Path and south of 133 Street. Mr.
Villella would then sell the land to the adjoining property owners. Although there is very little
usable property on each piece it would increase the square footage of each lot thereby allowing
more square footage for structures. Mr. Villella also requested that the area charges be waived.
The total area charges for the 1.41 acre site would be $9,431.65. These fees are normally
charged as development occurs. About half of the outlot is pond, it is landlocked with no street
frontage and therefore is not considered a buildable lot for single - family residential use. Council
reasoned that the more exemptions there are from core fees, the higher rates go up on the
remaining properties. Outlots are exempt, however, had this been platted and added to the lots at
the time of Country Hills Fifth development, they would have had to pay the area charges. Staff
recommends collection of the area charges.
Council and staff discussed the implementation of the area core trunk charges in 2000. This was
formally collected with the building permit application. The new process splits the charges
between the trunk area charge at final plat approval and the other half at the time of the building
permit. The area charges are costly, but not unreasonable. The Council majority was sympathetic
but felt the charges were fair.
Ronald Villella, 13393 Danube Circle, reported he had asked the city planner about what charges
might be prior to the purchase of the outlot. He felt he received wrong information and the Title
Search did not show any outstanding fees. He said the City should be accountable for what they
told him. City Attorney LeFevere explained that these development fees are not special
assessments. When real property is purchased area charges and park dedication fees are not listed
on a Title Search. Mr. Villella presented City Council with a list of comments regarding the
Planning Commission minutes of January 13, 2004. These were discussed. Other developments
with outlots were discussed.
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Council Member Shoe - Corrigan was concerned that misinformation was given; she pointed out
that this is not good customer service. However, she was not willing to change the policy and felt
the area charges should be collected. City Attorney LeFevere noted that it is a benefit to have
privately owned land since taxes are paid on it and someone maintains it. Council Member
Strayton was willing to waive the fee in this case.
MOTION by Shoe - Corrigan to adopt A RESOLUTION APPROVING THE
ADMINISTRATIVE /SIMPLE PLAT FOR OUTLOT B, COUNTRY HILLS FIFTH
ADDITION subject to conditions. Second by DeBettignies. Ayes: DeBettignies, Shoe - Corrigan,
Droste. Nays: Strayton. Motion carried.
2004 Legislative Policies
City Administrator Verbrugge presented the legislative policies statement that identifies local,
regional and statewide issues of significance to the City. These issues were previously discussed
at Council work sessions. The priorities were divided into three levels; A -top priority, B-
supportive, and C -will monitor. Mayor Droste approved of the document and appreciated the
proactive approach of the City. The top priority issue was the Air Cargo Regional Distribution
Center proposed by the Greater Metropolitan Area Foreign Trade Zone.
MOTION by Shoe - Corrigan to adopt the City of Rosemount 2004 Legislative Policies as
presented. Second by DeBettignies. Ayes: DeBettignies, Shoe - Corrigan, Droste, Strayton. Nays:
None. Motion carried.
Minnesota Zoo Resolution of Support
City Administrator Verbrugge requested the City Council's support of Governor Tim Pawlenty's
bonding bill for $34.2 million in financial assistance to the Minnesota Zoo. Right now the Zoo
has had to close several exhibits because of lack of funding. The Zoo is a benefit for all the
residents of Minnesota and provides attractive educational experiences for nearly one million
visitors each year. Verbrugge noted that the Zoo is now twenty -five years old and maintains staff
that are leaders in world -wide animal conservation. The resolution would supply legislative
support for passage of the bonding bill.
MOTION by DeBettignies to adopt A RESOLUTION SUPPORTING STATE FINANCIAL
ASSISTANCE FOR THE MINNESOTA ZOO. Second by Strayton. Ayes: Shoe - Corrigan,
Droste, Strayton, DeBettignies. Nays: None. Motion carried.
Announcements
City Administrator Verbrugge noted the Open House for the Downtown Redevelopment
Committee on February 5 th beginning at 5:30 p.m. to 8:00 p.m. at the Rosemount Community
Center Auditorium.
Mayor Droste reviewed the upcoming meetings and noted the earlier change in start time for the
February l lth Committee of the Whole, 6:00 p.m. City Hall will be closed for Presidents' Day
Holiday, February 16. On February 17, 7:30 a.m. the State of the City Address will be sponsored
by the Northern Dakota County Chambers of Commerce.
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Mayor Droste moved to adjourn to the Executive Closed Session for labor relations discussion at
9:35. p.m. Second by Strayton. Ayes: Four.
Respectfully submitted,
Linda Jentink, City Clerk
Recording Secretary
The City Council Agenda Packet is Clerk's File 2004 -5.