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HomeMy WebLinkAbout6.a. Minutes of July 6, 2004 Regular City Council Meetingr d ( Q• /�u V)Fse(it ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, July 6, 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, Kim Shoe- Corrigan, Riley, and Strayton present. Also present were City Administrator Verbrugge, City Attorney LeFevere, Community Development Director Lindquist, City Engineer Brotzler, Parks & Recreation Director Schultz, and Communication Coordinator Cox. The Pledge of Allegiance was led by Boy Scout Troop 270. Additional information was provided for item 6. g. reporting bid results from July 1 with a recommendation for Ryan Contracting Company and item 6.q. revised the Subdivision Agreement subject to approval by the City Administrator and City Attorney. Mayor Droste and City Council received a request from City Administrator Verbrugge for an executive closed session to discuss land acquisition for the library. Mayor Droste agreed to have Council move into a closed session following the meeting. Mayor Droste moved to accept the agenda as amended. Second by Strayton. Ayes: Four. Nays: None. The agenda was adopted. A representative from D.R. Horton asked about when 6.g Receive Bids /Award Contract- Crosscroft 2nd Addition Street & Utility Improvements, C.P. 388 would be considered and was advised that it is on the Consent Agenda tonight. Boy Scout Eagle. Award Presentation Mayor Droste invited Troop 270 Leader Tim Bishop to introduce Kevin Zink and Lance Offermann who earned the Boy Scout Eagle Award. Mr. Bishop noted that Troop 270 is sponsored through the American Legion Post. The Eagle Award is the highest rank achieved in the Boy Scouts and the boys will receive their award on July 17, 2004. The purpose of the award is in part, to prepare young men to form ethical values and help their community with a service project. Mr. Bishop recognized adults that had helped influence the values of Kevin and Lance. Kevin Zink provided trees, a management plan, and wildlife habitat improvements in a park in Burnsville. Lance Oppermann assisted Troop 458 with replacement of all door locks at the Lewis House for battered women. These service projects must include plans, materials, and funding arranged by the Boy Scout. The Mayor and Council expressed their support for the Eagle Award program and congratulated each boy, their troop, and their families. National Night Out Police Officer Tim Murphy reported that the National Night Out program helps citizens to take back their neighborhoods. Over 34 million people across the nation participate in it. Last year nineteen areas in Rosemount held block parties to organize their neighborhoods. This helps to deter crime and drug abuse. It also strengthens neighborhoods and provides a better police - citizen relationship. Murphy noted this is an enjoyable job with the added benefit of good food. The date of National Night Out is Tuesday, August 3, 2004. Council decided to move their regularly scheduled City Council meeting of August 3 to Monday, August 2 in order to participate in the event. 1 Gm ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 2004 Consent Agenda Council Member Strayton asked to have item 6.s., Authorize Expenditure for Relocation of Skate Park, pulled from Consent for discussion. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.s. and the additional information for Item 6.g. and 6.q. Second by Shoe - Corrigan. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. a. Minutes of June 15, 2004 Regular City Council Meeting b. Bills Listings c. Receive Donation for Parks and Recreation Department d. Expenditure from Donation Account for Parks and Recreation Department e. Expenditure from Donation Account - D.A.R.E. f Budget Amendments g. Receive Bids /Award Contract- Crosscroft 2nd Addition Street & Utility Improvements, C.P. 388 h. Receive Feasibility Report/Authorize Preparation of Plans & Specifications - Brockway Phase I Street & Utility Improvements, City Project 381 i. Addendum to Subdivision Agreement and Agreement with Donald & Diane Flach, Meadows of Bloomfield and Meadows of Bloomfield 2 nd Addition, City Project 351 j. Receive Plans & Spee's /Authorize Ad for Bid - Rosewood Village 2 nd Addition Street & Utility Improvements, City Project 378 k. Payment #1 & Final - Uitdenbogerd Addition, City Project 373 1. Change Order #6- Rosewood Estates/Village, City Project 350 m. Payment #14 & Final- Rosewood Estates/Village, City Project 350 n. Change Order #2 - Connemara Trail, Phase H, City Project 343 o. Temporary Liquor Licenses for Leprechaun Days p. Authorization for Temporary Street Closings for Leprechaun q. Rosewood Second Addition PUD Agreement, Final Plat and Subdivision Development Agreement r. Glendalough Fourth Addition Final Plat and Subdivision Development Agreement s. Authorize Expeaditwe for- Releea4ien of Skate P Authorize Expenditure for Relocation of Skate Park Council Member Strayton requested feedback on the location that the Skate Park is being moved to. Parks and Recreation Director Schultz reported that the Central Park hockey rink next to City Hall has been used since last year for the skate park. This required staff to move the equipment for Leprechaun Days events which is hard on. the skateboard equipment. Staff requests the skate park be moved to north of the community center by Schwarz Pond Park. This will require a new lift of asphalt, an eight -foot fence, pad, benches, and a solar security light system. The estimated expense is $16,800. The Parks and Recreation Commission support this recommendation. Council agreed with the direction of the Parks and Recreation Commission and thanked them for responding to the needs of the community. MOTION by Strayton to authorize expenditure of park improvements funds to improve Schwarz Pond Park for relocation of the skate park. Second by Shoe - Corrigan. Ayes: DeBettignies, Shoe- Corrigan, Droste, Strayton. Nays: None. Motion carried. 2 t ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 2004 PUBLIC HEARING: Development Framework for Downtown Rosemount Community Development Director Lindquist presented the Development Framework for Downtown Rosemount. Lindquist was excited to present the results of the hard work that the thirteen- member citizens committee prepared. She also recognized Mark Ruff of Ehlers & Soociates, Bill Schatzlein of Shatzlein Associates, and Rusty Fifield of Hoisington Koegler Group, Inc who assisted the City during the planning process. Rusty gave a PowerPoint presentation to the City Council and for the public. He noted that the Development Framework will be used as a visioning and guide tool to help revitalize the downtown area. This also sets the groundwork to advertise and attract developers to the downtown Rosemount area. The Development Framework will help to judge projects and choose opportunities to enhance and develop downtown which will raise the tax base for property owners. It was emphasized that this is not a blueprint but will create an environment that will provide a mixture of old and new businesses driven by the development market. Some two -story buildings are recommended in the commercial area with residential or office space units on the upper floors. Housing would be allowed to fill in where retail is not viable. One of the priorities is to bring more people to the downtown area expanding the customer base. The proposed library would encourage downtown pedestrian traffic. The area south of 147 Street on Highway 3 is suggested to be retail made to look like older housing for shops or office space. The Brockway development will provide Tax Increment Financing to encourage developers. Mayor Droste and Council and city staff wished to sincerely thank the members of the Downtown Redevelopment Committee: Maureen Geraghty Bouchard, Michael Baxter, Leslie Defries, Rita Dupre, Richard Daniels, Laurie Humphrey, Ed McMenomy, Jason Messner, Mary Riley, Jay Tentinger, Mark Toombs, Chuck Terry, Kim Shoe - Corrigan, and Jeff Smith. Mayor Droste opened the Public Hearing for audience comment. Kate Phillip, Dekalb Avenue, asked if there are plans for affordable housing in the framework. City Administrator Verbrugge responded that the Brockway development will have affordable housing. Dakota County recommended this inclusion of affordable housing which city staff has acted on and is one of the priorities of the Port Authority. Mike Hermann, owner of Shenanigan's Pub, asked about relocation and how business owners are to proceed. Mr. Hermann stated he felt they would be losing business. City Administrator Verbrugge said there are very strict guidelines to protect businesses for relocation and the revitalization of downtown should improve the flow of customers. The Port Authority is excited to work with any business looking for opportunities. Council Member Shoe - Corrigan said it is important to work with existing businesses but it is too early in the plan to give definite answers. Council Member DeBettignies said he appreciated Mr. Hermann's comments and that he understood his right to feel this way. DeBettignies asked for patience because the revitalization is a long -term goal and this will take positive attitudes with a joint effort. New ideas are welcome and the Port Authority will help determine what is right for the community and businesses. " 3 A ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 2004 Council Member Strayton asked how housing fits in with retail- office space. Consultant Rusty Fifield of Hoisington Koegler Group, Inc. stated that the mixture of retail sales and housing makes the development more profitable. Office type businesses can work well over storefronts and this increases the value by adding more density. Mr. Fifield noted the locally based specialty retail will help draw shoppers to the area. Mayor Droste noted that the market research found that more than 27,000 square feet of retail space could be supported in the downtown area. Council Member Strayton stated that the market is going to drive this project and change is not welcome by some businesses. Strayton commended the thirteen- member committee representing the diverse population of Rosemount. This Development Framework is a blueprint to help partner with developers and business owners with TIF funds available. This is the first step to create the environment to move forward in this fast growing city. MOTION by Droste to close the Public Hearing for. Second by DeBettignies. Ayes: Four. Nays: None. Motion carried. MOTION by Shoe- Corrigan to adopt A RESOLUTION APPROVING THE DEVELOPMENT FRAMEWORK FOR DOWNTOWN ROSEMOUNT. Second by DeBettignies. Ayes: Droste, Strayton, DeBettignies, Shoe- Corrigan. Nays: None. Motion carried. 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, WCA Permit and Mitigation Plan Community Development Director Lindquist reviewed some changes to conditions of the preliminary plat. Upon being asked by the Council, City Engineer Brortler explained that the developer, Contractor's Property Development Developers Company (CPDC), has had a good rapport with the City during Evermoor's development. Dave Hempel was very responsive to city staff.. Council Member Shoe - Corrigan reported living near Evermoor and that she had experienced building debris problems. She hoped staff, the developer, and future builders would be considerate of this problem during Brockway's development. Mike Waldo, CPDC indicated that the number of builders in Evermoor made it harder to manage and the primary builder in Brockway will be Rottlund. Reducing the number of builders in the project will assist CPDC in maintaining control and ensuring better compliance with city requirements. Mike Waldo, from CPDC, presented a list of contractors who may be doing the building. Staff had no objections to any contractors on the list. Council discussed details of the landscaping. The Council indicated it was important to have CPDC do all of the landscaping along Highway 3. As currently proposed the developer and the home builder would each do a portion of the landscaping. Council held CPDC responsible for the completion of the landscaping on the berms. City Engineer Brotzler explained the traffic concept and the impact plans. Traffic signals will be placed on Highway 3 at CR 38/ McAndrews Road and Connemara Trail. Brotzler also discussed the drainage issues with Rohr's property and Arlyn Evenson Pond area. 4 t ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 2004 Community Development Director noted changes to condition 411 regarding the provision of affordable units in the development. The developer is comfortable providing 60 affordable units but they may not be the same units that have the smaller than ordinance required garages. City Attorney LeFevere drafted revised language relating to the provision of the affordable units, the minimum size of the smaller garages, and the maximum number of garages that can have smaller garages. Condition #15 was amended to permit 8' coniferous trees and to ensure that all landscaping along Highway 3 berms be installed by the developer in conjunction with building construction. Condition #21 was amended to restrict fencing along Highway 3, and condition number 25 was amended to require aesthetically pleasing mailbox stations. MOTION by Strayton to adopt A RESOLUTION APPROVING THE ISSUANCE OF A PERMIT IN CONFORMANCE WITH THE SHORELAND OVELAY DISTRICT REGULATIONS FOR THE BROCKWAY AREA PRELIMINARY PLAT. Second by DeBettignies. Ayes: Strayton, DeBettignies Shoe - Corrigan, Droste. Nays: None. Motion carried. MOTION by Strayton to adopt A RESOLUTION APPROVING THE WETLAND CONSERVATION ACT PERMIT AND ACCEPT THE WETLANDS MITIGATION PLAN AND WETLANDS EXEMPTION FOR THE BROCKWAY DEVELOPMENT. Second by DeBettignies. Ayes: DeBettignies, Shoe - Corrigan, Droste, Strayton. Nays: None. Motion carried. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT AND PUD FINAL DEVELOPMENT PLAN FOR THE BROCKWAY DEVELOPMENT subject to the changes on conditions 11, 15, 21, and 25. Second by Droste. Ayes: Shoe - Corrigan, Droste, Strayton, DeBettignies. Nays: None. Motion carried. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR OUTLOTS OF BROCKWAY. Second by Strayton. Ayes: Droste, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. MOTION by Shoe - Corrigan to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE BROCKWAY AREA DEVELOPMENT. Second by DeBettignies. Ayes: Strayton, DeBettignies, Shoe- Corrigan, Droste. Nays: None. Motion carried. Amendment to City Code, Title 6: Fire Prevention and Protection Relating to Fireworks Community Development Director Lindquist noted that staff has been working on an ordinance that permits local regulation of fireworks sales. The attached draft has a licensing provision as directed by the City Council at a recent workshop meeting. The first reading was June 15, 2004. Staff mailed the draft ordinance and a notice about the change to local businesses and has not received any comment except that the $350 fee is rather high. City Attorney LeFevere has prepared the ordinance and it has been reviewed by the City's Fire Marshall George Lundy. Council requested that the Ordinance not be published until after August 1 so that it would not interfere with inventory already purchased this year by retailers. The fees are to be set to the state 5 ROSEMOUNT CITY PROCEEDINGS '. REGULAR MEETING JULY 6, 2004 maximum of $100 for Rosemount businesses and $350 for temporary sales. The fees will be placed in the City's yearly fee resolution. MOTION by DeBettignies to adopt AN ORDINANCE CONCERNING THE SALE, POSSESSION AND USE OF FIREWORKS ADDING A NEW CHAPTER TO ROSEMOUNT CITY CODE TITLE 6: FIRE PREVENTION AND PROTECTION. Second by Strayton. Ayes: DeBettignies, Shoe - Corrigan, Droste, Strayton. Nays: None. Motion carried. Livable Communities Grant Community Development Director Lindquist requested the continued support of the City Council by form of a resolution to authorize participation in the livable communities demonstration program. The grant application form was presented. Council was supportive. MOTION by Shoe- Corrigan to approve the resolution AUTHORIZING APPLICATION FOR A DEVELOPMENT GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM. Second by Strayton. Ayes Shoe- Corrigan, Droste, Strayton, DeBettignies. Nays: None. Motion carried. Announcements 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. Mayor Droste moved to adjourn to an Executive Closed Session to discuss negotiations for a library site. The meeting was adjourned at 10:25 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2004 -25. 6 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Dater July 20, 2004 AGENDA ITEM: Meadows of Bloomfield Minor PUD AGENDA SECTION: ISSUE Building permit applications are being processed by the City for the Centex Meadows of Bloomfield development. An issue has arisen regarding setbacks in the row house area. Specifically, the PUD Agreement includes standards for setbacks along Autumn Path but not elsewhere within the townhouse area, other than what is in the preliminary plat plans. The plans still reflect the original "Georgetown" foot print as an exhibit in the PUD Agreement. Staff has requested that a revised preliminary plat drawing reflecting the "Cottage Row" town home be provided by Centex Homes and authorized by the Council for inclusion in the PUD Agreement. The plans scale 20 -foot setbacks from the Atrium Avenue right -of -way for the row -house end units, and 25 feet for porches along the interior units. The Development Data showing housing details indicate a front yard setback of 25 feet. Without the PUD, the standard would be 30 feet. Staff supports the 20 -foot setbacks, because of the contribution to the open space in the middle and the outer edges of the townhouse development area. The developer has indicated that the new Cottage Row units will be setback about 23 feet. Those units have off -sets between units, so that some of the interior units may be more than 26 feet setback from the right -of -way. Because there is a discrepancy between the approved plan and the PUD document, staff felt it was prudent to bring this item to the Council for clarification. Staff is comfortable with the setbacks that are proposed for the Cottage Row units and recognizes that the plan had depicted the slightly smaller setbacks during the approval process. increasing the front yard setbacks from the private drives would decrease the central open space area, which staff believes is more detrimental to the project than the proposed front yard setbacks. Amendment Clarification Consent PREPARED BY: Rick Pearson, City Planner AGENDA NO. ATTACHMENTS:- Preliminary Plat detail APPROVED BY: RECOMMENDED ACTION: Motion to affirm the Meadows of Bloomfield PUD setbacks for Cottage Row and Carriage town homes as shown on the approved plans and authorize amending the PUD Agreement to reflect the revised building footprint and setbacks. ACTION: If Council will affirm the setbacks as 20 feet minimum from the Atrium Ave right -of -way, staff can begin issuance of building permits. Since the revised preliminary plat drawing is not immediately available, the applicable standards for plan review for PUD compliance are summarized below to facilitate building permit issuance. The area also includes carriage homes. In an effort to resolve the discrepancies between the plan and various notes on the plan, Staff is asking Council to acknowledge that the plan itself revised on January 5, 2004 and received by the City on January 6,2004 is the Final PUD from which all standards will be verified. The setbacks scaled for the Georgetown townhouse units will be the setbacks approved for the Cottage Row townhouses. BACKGROUND In April, the Council approved an amendment to the Meadows of Bloomfield PUD allowing Centex Homes to build a different style of row townhouse. The approved request substituted "Cottage Row Homes" for "Georgetown" townhouses as they were built in the original Bloomfield development. Applicant & Property Owner(s): Chad Onsgaard of Centex Homes Location: Meadows of Bloomfield east of Connemara Trail, south of Atrium Path. Number of units: 112 Cottage Row units, 58 Carriage units. Comp. Guide Plan Desig: Urban Residential Current Zoning: R -2, Moderate Density Residential City Council Action: PUD Agreement signed by Mayor and City Clerk March 22, 2004. SUMMARY The townhouse area included in the discussion includes both public and private streets. The outer edge of this housing area is Autumn Path and Connemara Trail, collector streets. Atrium Avenue is the public street that loops the townhouse area, which is also a public street. All other streets are private, serving as driveway courts. The minimum setbacks established in the PUD for the townhouses are twenty feet from outer property -lines or the curb of private streets. While the twenty -foot setback is a minimum, there are many situations where the houses will be further back from the lot lines. For example, on the public streets with boulevard and sidewalks, the distance from the curb is 35 feet. Staff assumes that the interior driveways off of the private driveways will be held to the minimum 20' setback thereby allowing greater front yard setbacks from the public road system. The newly approved Cottage Row townhouses have a shallower footprint than the original Georgetown units. As shown on the survey, the original setback expected along Autumn Path was 35 feet. The Cottage Row is 41.8 feet at it's closest to the street. The various units are staggered, with the farthest unit scaling 45 feet from the Atrium Path right -of -way line. Carriage homes between the Atrium Avenue and railroad rights -of -way will be about 28 feet 2 setback for living space and 25 feet for the plumbing meter rooms. CONCLUSION Staff is requesting clarification and authorization from the Council to amend the PUD agreement to accurately reflect the front, side and rear yard setbacks shown in the approved plan. Because of the recent approval by the Council to change the unit style from the Georgetown to the Cottage Row units, the PUD agreement will be amended to reflect the preliminary plat with the Cottage Row building footprint. This information is not available at this time but will be included in the document when complete. 3