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HomeMy WebLinkAbout6.a. Minutes of October 19, 2004 Regular Meeting3 -1 -2 3 -1 -2 ,y F. Off -Sale Intoxicating Liquor Licenses: Off -sale intoxicating liquor licenses shall permit the sale of alcoholic beverages in original packages for consumption off the premises only. (Ord. XV1.39, 8 -18 -1998) G. Bottle Club Permits: Bottle club permits may be issued to bottle clubs and business establishments in accordance with the provisions of Minnesota Statutes, section 340A.414, for the consumption or display of intoxicating liquor or the serving of any liquid for the purpose of mixing with intoxicating liquor. (Ord. XV1.20, 8 -15 -1989) H. On -Sale 3.2 Percent Malt Liquor Licenses: On -sale 3.2 percent malt liquor Licenses may be granted only to clubs, restaurants and hotels where food is prepared and served for consumption on the premises. On -sale 3.2 percent malt liquor licenses shall permit the sale for consumption on the premises only. Off -Sale 3.2 Percent Malt Liquor Licenses: Off -sale 3.2 percent malt liquor licenses shall permit the sale of 3.2 percent malt liquor at retail in the original package for consumption off the premises only. J. Temporary On -Sale 3.2 Percent Malt Liquor Licenses: Temporary 3.2 percent malt liquor licenses may be granted to a club or charitable religious, or nonprofit organization as authorized by section 3 -1 -13 of this chapter. (Ord. II, 5 -20 -1986, eff. 5 -31 -1986; amd. Ord. XV1.38, 2 -17 -1998) K. Temporary On -Sale Intoxicating Liquor Licenses: Temporary on -sale intoxicating liquor licenses may be granted as authorized by section 3 -1 -13 of this chapter. (Ord. II, 5 -20 -1986, eff. 5 -31 -1986) L. Apportionment Of Intoxicating Liquor Licenses: 0 Six (6) on -sale intoxicating liquor licenses may be issued. 2. Off -sale intoxicating liquor licenses may be issued dependent on the population of the city of Rosemount. One off -sale liquor license may be issued for each six thousand five hundred (6,500) of city population attained, as determined by the most recent metropolitan council population estimates. (Ord. XV1.44, 7 -5 -2000) M. City -Owned Facilities: On -sale intoxicating liquor licenses for events taking place at a sports, convention or cultural facility owned by the city may be granted as authorized by section 3 -1 -15 of this chapter. (Ord. XV1.25, 7 -6 -1993) June 2001 City of Rosemount r ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, October 19, 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 Riley, Strayton, and Shoe - Corrigan present. Council Member DeBettignies was out of town. Also present were Assistant Administrator Weitzel, City Attorney Vose, Community Development Director Lindquist, Police Chief Kalstabakken, Parks & Recreation Director Schultz, and Communications Coordinator Cox. The Pledge of Allegiance was said. Assistant City Administrator Weitzel noted clarification changes to the assessment hearings on page 4 and 5 of the October 5, 2004 City Council minutes. Staff requested that Item 6.n. be pulled from the agenda for future consideration. An add -on item for the Consent Agenda was suggested to set a Special Council meeting on October 28, 2004. Mayor Droste moved to accept the agenda with changes to the October 5, 2004 minutes, removing Item 6.n. Rosemount Crossing Proposed Revision to Resolution 2004 -124, Final Plat and Subdivision Agreement; and adding one item to the Consent Agenda, as 6.o. Set Special Meeting for October 28. Second by Strayton. Ayes: Four. Nays: None. The agenda was adopted. Public Comment Myron Napper, 338 145 Street East, was unhappy that he was not invited to be part of the Hwy 52 — CR42 study group. Mr. Napper felt he could fairly represent residents on the east side of Rosemount. Mayor Droste explained that three major landowners were invited. This included Flint Hills Resource, University of Minnesota Rosemount, and a mining company representative in that area. The meetings were public meetings which allowed residents to attend. The meetings were also divided into quadrants to better address land owners. Council Member Riley noted it is still very early in the process. Mayor Droste said that Mr. Napper will be notified of future meetings. Matt Karney, 14125 Crocus Way, representing Rosemount Area Hockey Association (RAHA) reported that 350 kids have registered for hockey this year. There is limited ice time and the registration is up 20% from last year. RAHA has spent $27,000 on purchasing ice time. The largest increase was in the 5 to 8 year old range. Mr. Karney encouraged City Council to follow up on the Facility Task Force results and proceed with plans for a new arena for multi - purpose and year around use. Reflections /Brockway Project Update Communications Coordinator Cox reported on the removal of the twin smoke stacks at the Brockway Glass Plant on Highway 3. The demolition of the 44 -year old factory is a key step toward the development called Reflections into single - family homes and townhomes. A 90- second video was shown of the smoke stacks falling. The last of the rubble will be gone by January 2005. Twinhome models may be ready by the end of winter. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 2004 Consent Agenda Council Member Strayton requested Item 6. h. be pulled for discussion. MOTION by Riley to approve the Consent Agenda with the amended Minutes, pulling Item 6.n. and adding Item 6.o. Second by Shoe - Corrigan. Ayes: Droste, Riley, Strayton, Shoe - Corrigan. Nays: None. Motion carried. a. Minutes of October S, 2004 Regular City Council Meeting Amended b. Bills Listing c. Expenditure Approval from Donation Account - Administration d. Expenditure Approval from Donation Account — Parks & Recreation e. Change Order #1 — Biscayne Pointe 5 Addition Street & Utility Improvements, C. P. 367 f. Change Order #1 — Biscayne Pointe North Street & Utility Improvements, City Project 370 g. Payment #7 & Final — Bloomfield Vineyards Street & Utility Improvements, City Proj. 368 h S ,i n g., 0,1+ w ith H ,wee Event r,.,....,., ittee pulled for discussion i. Lot Split & Recombination, Cynthia & Duane Smith, 14875 & 14885 Dodd. Blvd., 04 - 64 - LS j. Lot Split & Combination, Amy & Robert Golla, 3150 & 3160 145 St. W, 04 -62 -LS k. Zoning Text Amendment for Temporary Buildings in General Industrial District, 04 -61-TA 1. Interim Use Permit Flint Hills Resources LP, 04- 67 -RJP m. Interfund Loan Transfer Approval P, Pulled Resemetmt r, -i ess P,- ^sod Revi + R es olution 200 i 24 Fi Pl a vivuwaib i av�vuvu wvaoavu w , o. Add -On Set Special Meeting for October 28, 2004 at 6:30 p.m. Services Agreement with Halloween Event Committee Council Member Strayton wished to highlight the Haunted Woods Trail offered to residents this weekend, Saturday October 23 at 6:00 p.m. to 8:00 p.m. MOTION by Strayton to approve the 2004 service agreement with the Halloween Event Committee. Second by Shoe - Corrigan. Ayes: Riley, Strayton, Shoe - Corrigan, Droste. Nays: None. Motion carried. PUBLIC HEARING: Ordinance Amendment for City Code 7 -4: Animal Control and Zoning Code B Mayor Droste reviewed the Public Hearing process which allows for a staff presentation, council member questions of staff, and then time for public input. Police Chief Kalstabakken reviewed the changes proposed for the animal control ordinances over the past three years. Many of the changes were necessary to be consistent with new Minnesota State Statutes prohibited exotic animals and dangerous dogs. Rosemount would like to address the need for dangerous dog owners to attend an animal behavior course. Staff would further encourage the prohibition of all regulated animals by the State. This would disallow monkeys. Many rural residential residents own horses which are not in compliance with local laws because the residents have less than the required 5 acres. Staff recommends a minimum of 2.5 acres for horse owners and then one horse per acre. The current minimum acreage is 5 acres. The OA ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 2004 treatment of horses regulated includes feces maintenance to limit neighbor complaints. Residents will be limited to combination of 3 cats /dogs /ferrets. If there are more animals, a maximum of 5, a residential kennel permit would be required. Currently there are no provisions for a residential kennel permit. There are also provisions for service animals and emergency preparedness animal care. This was the first reading of the amendment to the Animal Control and Zoning Code B. No action will be taken this evening. Council Member Strayton noted that lions, tigers, bears, monkeys, and gorillas would be prohibited. Council Member Shoe - Corrigan approved of the residential and commercial kennel licenses. Shoe - Corrigan inquired if the changes would be different for farms than for the urban residential areas. Shoe - Corrigan stated that she believes that it is common for farms to have several "barn cats" and that this should be treated differently than a typical city residence. Council Member Riley was happy to see the more restrictive rules for exotic animals. Mayor Droste asked how the changes will be communicated to the residents. Police Chief Kalstabakken said notices will be placed in the newsletter, newspaper, city web site, handouts in the Police Department and City Hall lobby. Council Member Strayton asked for more information on how close this ordinance mirrors neighboring communities. Police Chief Kalstabakken noted that more city funds are spent on cats than dogs in Rosemount. Mayor Droste opened the Public Hearing for public comment. Ed McMenomy, 4122 143 Street, said he thought it would be a mistake to have horses on less than five acres. He believed that problems would arise between neighbors. Doug Young, 1741 135 Street West, was concerned about the horse feces maintenance. He noted that often it is not safe to dismount to pick up your horses' manure. Also, if a horse is in training it would not be a good idea to dismount. Mr. Young would agree to return to the site following his ride to remove the horse manure, but he would like to avoid being issued a ticket is someone observed the need for removal of the manure and reported it to the police. Police Chief Kalstabakken noted that common sense should be used. Mayor Droste noted that the second reading should be November 3 rd at the regular City Council meeting. Connemara Crossings PUD Final Development Plan by Basic Builder, 04 -63 -PUD Community Development Director Lindquist reported on the proposed development by Basic Builders on the southwest corner of Biscayne Avenue and Connemara Trail. The proposal includes ten twinhomes and eight townhomes totaling 44 units. The concept plan was approved in August, 2004. The Comprehensive Guide Plan was changed from Public /Institutional to Urban Residential on June 3, 2003 by the Metropolitan Council. The zoning was further changed to R -2 Moderate Density on August 17, 2004. Extensive landscaping and berming is planned to mitigate the impact of the adjacent railroad to the west. The final development plans were revised to address landscaping islands in two cul- de- sacs, dedication of right -of -way for Biscayne Avenue and all streets, dedication of drainage and utility easement over the entire development, 5 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 2004 foot wide sidewalks on Biscayne and one side of interior streets, landscape screening on west side, and trails between two green spaces with a gazebo. Council discussed the islands in the two proposed cul -de -sacs. Mayor Droste understood that snow plowing is difficult in cul -de -sacs but that the amount of snow in any winter is varied. Landscaping in the islands can soften the neighborhoods and are appreciated by residents the entire year. Council Member Strayton pointed out that children usually enjoy the open space in a cul -de -sac for playing, however he would agree with the Planning Commission's recommendation to allow landscaping in the island of the cul -de -sac. Council Members Riley and Shoe - Corrigan agreed. City Attorney Vose noted a revision to condition 2. on the resolution. MOTION by Shoe - Corrigan to adopt a resolution approving the Planned Unit Development (PUD) Final Development Plan and Preliminary Plat for 44 attached single - family residential units in 10 twinhome and 8 townhome buildings on the vacant property located in the southwest corner of Biscayne Avenue and Connemara Trail, subject to conditions including 2. Creation of landscape islands in both cul -de -sacs to provide additional space for snow storage. Second by Strayton. Ayes: Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Developer Ed McMenomy was concerned with the right -of -way on Biscayne in regard to the sidewalk. He asked who would maintain the green space and was advised to work with Public Works on placement of the sidewalk due to the slope at the north end of the property. Zoning Text Amendment Planned Unit Development (PUD) 04 -65 -TA Community Development Director Lindquist and staff have reviewed the process for Planned Unit Development (PUD) applications. Staff reported that the application did not provide adequate initial information and that the land should be zoned to a distinct PUD designation. The text amendment proposed would replace the existing PUD ordinance and meets the criteria designated by City Council at a recent workshop. The amendments includes a Development Standards section containing 13 specific elements, it outlines a new review procedure requiring a Concept Plan, and changes the current Concept Plan to function as a Master Development Plan. Staff will be provided more detail earlier in the review process in order to give better project analysis. The Planning Commission held a Public Hearing on September 28, 2004 and then unanimously recommended the Council approve this amendment. Mayor Droste pointed out this would not affect any current PUD applications, but only new applications received after publication of the ordinance. MOTION by Strayton to adopt an ordinance amending Section 12.6 of the Zoning Ordinance relating to Planned Unity Development (PUD) Standards. Second by Riley. Ayes: Droste, Riley, Strayton, Shoe - Corrigan. Nays: None. Motion carried. Metropolitan Council 2030 Transportation Policy Plan Community Development Director Lindquist reviewed this plan as it affects regional transportation systems within and adjacent to the City. A letter was prepared with the City 4 4. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 2004 Engineer to point out concerns in five areas. 1) CSAH 42 access spacing criteria and funding. 2) TH 3 Preservation Corridor designation is not acceptable as Rosemount is growing. 3) Strategy lle. requires local funding to offset a project scope increase to keep the project in the initial program year and this is not acceptable. 4) Cost sharing at the local level as referenced in the plan is underestimating the financial resources needed. And 5) Policy 12, Strategy 12C and 12D do not provide for any mechanism to deal with special situations to change funding priorities. Project costs cannot be controlled by the City and often highway interchanges do affect surrounding cities and counties. Mayor Droste noted that projects such as the TH52 /CR42 interchange will be looking for both state and federal funding. MOTION by Shoe - Corrigan to authorize submittal of Letter to Metropolitan Council. Second by Riley. Ayes: Riley, Strayton, Shoe - Corrigan, Droste. Nays: None. Motion carried. Announcements Mayor Droste reviewed the scheduled meetings in October and the first week of November. On October 23 the Halloween Haunted Trail will be held from 6:00 p.m. to 8:00 p.m. The City Council adjourned at 8:53 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2004 -41.