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HomeMy WebLinkAbout6.a. Minutes of February 17, 2004 Regular City Councilt ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 17, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, February 17, 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 on a scheduled vacation. Also present were City Administrator Verbrugge, Attorney Corrine Thompson, City Engineer Brotzler, Community Development Director Lindquist, and Parks and Recreation Director Schultz. Support staff attending was Project Engineer Dave Hutton from WSB Engineering and John Greer of Barr Engineering. The Pledge of Allegiance was said. Mayor Droste moved to accept the agenda as presented. Second by DeBettignies. Ayes: Four. Nays: None. The Agenda was adopted. Consent Agenda Council Member Strayton requested that 6.n. Calling for Tax Increment Financing (TIF) District Public Hearing be pulled for discussion. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.n. for discussion. Second by Shoe - Corrigan. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. a. Minutes of February 3, 2004 Regular City Council b. Bills Listing C. Expenditure Approval from Donation Account for Parks & Recreation Dept. d. Receive Donation for Parks & Recreation Dept. from SKB e. 2004 Solid Waste Haulers License f. Receive Bids /Award Contract -Well #12, City Project 354 g. Amend Fund Balance Policy (F -7) h. Mineral Extraction Permit Renewal for Ped / Ames Construction i. Mineral Extraction Permit Renewal for Furlong / Ames Construction j. Mineral Extraction Permit Renewal for Solberg Aggregate Co. / Flint Hills Resources k. Mineral Extraction Permit Renewal for Vesterra, LLC 1. Community Facilities Task Force m. Linder's Flower Mart Seasonal Permit Renewal Calli f er- T h n4 Fi ng (Try) Dist et P a He ar-ing- Discussion 6.n. Calling for Tax Increment Financing (TIF) District Public Hearing Council Member Strayton confirmed with staff that this action calling for a Public Hearing for a TIF District does not mean automatic approval. Discussion will follow the Public Hearing to determine its benefits or shortfalls for the City of Rosemount. MOTION by DeBettignies to adopt A RESOLUTION CALLING FOR A TAX INCREMENT FINANCING DISTRICT PUBLIC HEARING TENTATIVLY SCHEDULED ON APRIL 20, 2004. Second by Shoe - Corrigan. Ayes: DeBettignies, Shoe- Corrigan, Droste, Strayton. Nays: None. Motion carried. 1 s ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 17, 2004 PUBLIC HEARING: 2004 Street & Utility Reconstruction, City Project 376 City Engineer Brotzler introduced Dave Hutton from WSB Engineering as Project Manager for the maintenance of the City's infrastructure for 2004 Street & Utility Reconstruction, City Project 376. This project is scheduled in the City's Capital Improvement Budget and follows the City's Pavement Management Plan. The location for this year's maintenance includes Dahomey Avenue West, Dallara Avenue West, Damask Avenue West, Danbury Avenue West, Upper 145 Street West, and 147 Street West. The life expectancy of a paved street is 25 to 30 years. It is cost effective to also update watermain, storm sewer, and sanitary sewer with this project. The Danbury Avenue cul -de -sac has substandard 4" watermain and the majority of the whole location does not have storm sewer. An estimated 110 lineal feet of 8" sanitary sewer needs replacement. Water hydrants will be replaced with updated ones and the 4" cast iron watermain will be replaced with 6" ductile iron watermain pipe. Mayor Droste opened the Public Hearing for audience comments. No comments were offered. MOTION by Droste to close the Public Hearing for the 2004 Street and Utility Reconstruction, City Project 376. Second by DeBettignies. Ayes: Shoe - Corrigan, Droste, Strayton, DeBettignies. Nays: None. Motion carried. Mayor Droste reviewed the informational open house held for City Project 376. Concern was voiced there regarding the need for Damask Avenue to be reconstructed. Staff agreed it was not as worn as the other streets because of less use, but it would be much more expensive to replace it individually five years from now. The resident assessment cost remains at $2400 per lot as per the Assessment Policy. Council Member Strayton noted that the lot assessment amount increased $200 from last year. Mayor Droste confirmed that the Affidavits of Mailed, Posted, and Published Notice were on file with the City Clerk's Office. PUBLIC HEARING: Wellhead Protection Plan Mayor Droste began the Public Hearing for the Wellhead Protection Plan and confirmed that the Affidavits of Mailed, Posted and Published Notice were on file with the City Clerk's Office. City Engineer Brotzler reported that the State of Minnesota Rule 4720.5350 mandates that the City conduct a public hearing on the WHPP before submitting a plan to the Minnesota Department of Health for final approval. City Engineer Brotzler then introduced John Greer of Barr Engineering Company to explain the Wellhead Protection Plan (WHPP). Greer displayed a map which showed the location of water supply wells, delineation of the Emergency Management Zone, the Wellhead Protection Area, and Drinking Water Supply Management Area. The map also pointed out areas of high vulnerability. Greer explained that the WHPP has been a very thorough and long process. The first part of the Plan was approved June 20, 2002. The WHPP consists of management strategies for the City's source water aquifer. These management strategies include public education, planning with Empire Township, management of old wells, and the monitoring and gathering of data, including keeping a hydrogeological inventory. Special concerns addressed by the management strategies include chemical storage 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 17, 2004 areas, dumps, businesses generating hazardous waste, septic systems, and surface water run -off. The City's current water testing program includes quarterly and annual sampling. This sampling program is included among the management strategies. Mayor Droste asked about concerns with the University of Minnesota's water contamination in the 1970's. Mr. Greer noted that the contamination is not an issue and that the University has been helpful with information and requested updates. Brotzler noted that once this plan is adopted amendments to it would be required to add wells to our system. Mayor Droste opened the Public Hearing for comments from the audience. There were no comments. MOTION by Droste to close the Public Hearing for the Wellhead Protection Plan. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. MOTION by DeBettignies to adopt the Wellhead Protection Plan for the City of Rosemount. Second by Strayton. Ayes: DeBettignies, Shoe - Corrigan, Droste, Strayton. Nays: None. Motion carried. Manley Rezoning and Simple Plat Community Development Director Lindquist reviewed the request by Manley Land Development for a rezoning from AG, Agriculture to RR, Rural Residential to create two residential lots and a driveway setback variance from five to zero feet for property south of 120 Street along with the easement being requested as part of the Manley project. Wetland restraints limit where the driveway can be placed. The original lot is 20.65 acres and the resulting lots would be 5.24 acres and 15.41 acres. The existing structures would be removed and two single - family homes are proposed. The Planning Commission held a Public Hearing and approved the driveway setback variance request and recommended City Council approve the rezoning and simple plat applications. Staff recommends approval. Council noted that approval of this request does not guarantee there are two buildable sites on these lots. All building codes and septic system requirements would have to be met. A letter was received representing Richard D. and Vicky L. Hanson of 12275 Cobblestone Lane with street easement concerns about an outlot that they own south of the Manley parcel. The outlot has the potential of allowing a through street from McAndrews Road to 120 Street. Hansons requested that Cobblestone Lane remain a cul -de -sac as it was developed. Staff would not support giving up that outlot at this time. Council Member DeBettignies asked about the Wetland Conservation Act Permit. Jenni Hattervig from Pioneer Engineering, a consultant engineer for Manleys', said mitigation of the Wetland Buffer area is in process. No permit is needed because there are no impacts to the wetland. MOTION by DeBettignies to adopt an Ordinance approving the rezoning of the Manley property from AG, Agriculture to RR, Rural Residential. Second by Strayton. Ayes: Shoe - Corrigan, Droste, Strayton, DeBettignies. Nays: None. Motion carried. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 17, 2004 MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE SIMPLE PLAT to allow the Manley property to subdivide into two single - family residential lots subject to the conditions outlined in the Resolution. Second by Droste. Ayes: Droste, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. Town Office Concept Planned Unit Development by McMenomy & Associates Community Development Director Lindquist presented the request of Ed McMenomy to construct four buildings as office condominiums on the northeast corner of Chippendale Avenue and 160 Street. The site is 2.8 acres with limited entry access with parking proposed in front of each unit and sidewalk access on Chippendale Avenue. Occupants would own their portion of the building and there would be an association for maintenance. Rezoning would be required from AG, Agricultural to BP -3 or BP -4, Business Park 3 or 4. Dakota County will be required to review this plat because it is contiguous to County Road 46. Tom Gunsmoor is partnering with McMenomy on this project. Gunsmoor reported that he has built over 200 units similar to these in the past five years. Last year a similar project in Lakeville was totally occupied seven months after its completion. The businesses attracted to this size office may be doctors' clinics, photography, paper goods, homebuilders, accountants, or investors. The occupants are usually not retail sales but more of an office environment. This would mean less parking congestion. Gunsmoor said there are examples of this building design on County Road 42, west of Pilot Knob Road in Apple Valley and the offices in Lakeville are north of the Harley shop, off 166 Street and 35W. Lindquist said the Business Park zoning should fit these uses. Council Member Shoe - Corrigan asked why a Conditional Use Permit is needed. Staff will investigate that. Council will review this project again when the Final Development Plans are considered. MOTION by Shoe - Corrigan to adopt A RESOLUTION APPROVING A CONCEPT PLAN for the McMenomy Town Offices subject to conditions. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. Announcements Community Development Director Lindquist noted that the Downtown Redevelopment Committee will meet on February 26 at 7:00 p.m. and the public is always welcome. Council Member DeBettignies commended Mayor Droste for his State of the City Address on February 17 at a Chamber Breakfast meeting. DeBettignies noted that the Mayor's speech is posted on the SKB and Sterling State Bank web pages. Mayor Droste reviewed the upcoming meetings and reminded everyone that the first meetings in March have been rescheduled to March 1 St due to the Minnesota caucus the evening of March 2nd. Mayor Droste moved to adjourn at 8:58. p.m. Second by Strayton. Ayes: Four. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 17, 2004 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2004 -07.