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HomeMy WebLinkAbout6.a. Minutes of November 18, 2003 Regular City Council Meeting♦ ITEM ROSEMOUNT CITY PROCEEDINGS i REGULAR MEETING NOVEMBER 18, 2003 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, November 18, 2003, 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, Shoe Corrigan, and Riley present. Also present were City Administrator Verbrugge, Attorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, and Parks and Recreation Directo"t Schultz. The Pledge of Allegiance was said. Staff presented an add -on item for the Consent Agenda: Resignation of Planning/Personnel Secretary and Authorize Recruitment of a Replacement. The employee resigning is Chantel Nelson. Droste moved to accept the agenda with the addition. Second by Riley. Ayes: Five. Nays: None. Department Heads Report Mayor Droste reported on the Executive Closed Session held on November 3, 2003 for the L' review of the City Administrator Jamie Verbrugge. This was Verbrugge's six month review and Council spoke highly of Verbrugge's management style and community involvement. Another review will be conducted at his one -year employment date. Consent Agenda Council Member DeBettignies noted that he was absent from the November 3 regular Council meeting and said he would be abstaining from the vote on accepting its minutes. Mayor Droste requested removal of the Amendment to the Snowplowing Policy for public interest. MOTION by Riley to approve the Consent Agenda with the addition of Item 6. 1. Resignation of Planning/Personnel Secretary and Authorize Recruitment, and the removal of Item 6.i. Amendment to Snowplowing Policy for discussion, and noting the abstention of DeBettignies for Item 6.a. Second by DeBettignies. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. a. Minutes of November 3, 2003 Regular City Council Meeting DeBettignies abstained b. Bills Listing c. Receive Donations for Fire Department d. Accept Tort Liability Insurance Limits e. 10 -Year Capital Improvement Plan f. Set Public Hearing Vacate Drainage & Utility Easement — Rosewood Village, City Proj. 350 g. Receive Bids /Award Contract — Chippendale Water Tower Painting, City Project #374 h. Receive Quotes /Award Contract for Bacardi Water Tower Site Grading, City Project 355 1. l 1111V11�Z n,Me r e„A t o c,, ,, ,.. in Pokey Pulled for discussion j. Approve Comprehensive Stormwater Management Plan k. Dakota County Drug Task Force Joint Powers Agreement 2004 1. ADD -ON Resignation of Planning/Personnel Secretary and Authorize Recruitment _1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 18; 2003 Item 6. Amendment to Snowplowing Policy Mayor Droste reviewed several issues that the public should be aware of for winter compliance of City Codes. The recommended amendment requires that residents observe the right -of -way when solid waste and recycling bins are put out by the street for pick -up. This requires placement of garbage and recycling bins at least 8 feet behind the curbline so they are not damaged by snow plows. The Public Works Superintendent will determine when snow will be plowed or removed. Criteria used to determine need are '1) 2 .inches or more of measurable snow, 2) drifting snow, 3) icy conditions, and 4) time of snowfall in relationship to heavy use of streets. Droste requested that snowplow maps and route information be available at the information desk in City Hall. City Engineer Brotzler noted that if a plow damages a mailbox or sod, that can be reported to Public Works at 651- 322 -2022 for replacement in the spring. The City has no liability for sprinkler heads or landscaping material in the easement area. Council Member DeBettignies noted that parking -is restricted on all residential streets between November 1 and March 31 between 2 a.m. and 6 a.m. to allow for snowplowing. MOTION by Droste to approve the additions to the snowplowing policy, Public Works Policy No. M -1. Second by Strayton. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. PUBLIC HEARING Appeal of Decision of the Board of Appeals and Adjustments for Variance of Side Yard Setback for Scott and DeAnn Boecker Mayor Droste reviewed the Public Hearing process. City Clerk Jentink reported that the Affidavit of Publication was on file, but the notice for neighbors and posting did not appear to be done. City Attorney LeFevere advised that the City Council had three options. The first option was to hold the Public Hearing and act on the appeal since reasonable effort was made to provide adequate notice and if the applicant agreed to proceed. The second option was to delay the Public Hearing until full notice could be provided. The third option is to open the Public Hearing and take testimony, and to continue the Public Hearing to the next regular City Council meeting so that mailed notice could be done. Mr. Boecker was in the audience and he indicated that he supported acting on the appeal at this meeting, stating that all his neighbors were here in the audience. Mayor Droste said that his preference was to provide full notice and directed the hearing to proceed with the understanding that it would be continued for final action at the December 2 City Council meeting. Community Development Director Lindquist summarized the process completed by the applicants Scott and DeAnn Boecker, 3878 Upper 149 Street West, for a five foot side yard setback variance to allow the construction of a third garage stall. The Board of Appeals and Adjustments voted to deny this variance at the October 28, 2003 Planning Commission meeting. Lindquist said the denial was determined because hardship by adversity or safety could not be proven. There were no extraordinary circumstances to allow the variance. Lindquist agreed the added garage is attractive and desirable, but, the zoning does not allow it. There are likely many others who would request this type of variance. Lindquist pointed out that similar zoning near Boecker's development does allow a 5 foot side yard setback. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 18, 2003 Scott and DeAnn Boecker, 3878 Upper 149t Street West, requested a third stall garage for their growing family. Boecker noted about twenty homes in his neighborhood that have three garage stalls within the ten foot setback. He plans to store his snowmobile trailer in that stall and felt that would be more pleasing than storing it outside on a slab next to the existing garage. The Boeckers noted that they loved the neighborhood and would not want to consider moving if they can expand here. The home was built in 1992. Mayor Droste explained that the five foot setbacks in Evermoor were negotiated in a Planned Unit Development to allow more green space in other areas. There one out of four acres is open space. Mayor Droste opened the Public Hearing for audience comments. Kevin Lane, 3890 Upper 149 Street West, supported the Boecker's request for a variance. He would rather have junk hidden in a garage than outside. Lane said it would be an improvement to the neighborhood. Ed Kropelnicki, 14928 Covington Avenue, said he didn't want to see another shed and he would like to see this garage done. A large family should be able to have a three car garage if they want. Jeanna Turner, 14943 Covington Avenue, and her husband understood the growing pains of a family and they would rather see a garage at Boecker's. Brian Bross, 3882 Upper 149 'Street West, said it would increase the property values in the neighborhood. He would rather that people could grow with their families and stay in the neighborhood than have them move. Bross suggested considering changing the zoning ordinance to help satisfy everyone. Patty Pouliot, 3872 Upper 149 Street, lives east of Boeckers. She requested that the variance be granted to Boeckers because it is already common to allow five foot setbacks in Rosemount and other communities. Jeff and Amy Rowe, 14930 Crandall Avenue, said that styles change for houses and this variance would up -date the older style. They would like to do this in the future as well. Reverend Frank Apolloni, DeAnn's father, said he understood the laws and the need to be careful in up holding them. Apolloni spoke of the good character of Scott Boecker and how well his neighbors like him. Apolloni asked City Council to show some compassion for his daughter's family and that this is _a growing community and it should want to keep good people here. Council Member Shoe - Corrigan discussed how the housing market has changed since 1992. It is now more economical to invest in your home than to look at buying a new one. Trends in housing and marketing change and in fairness to the City Council, they could not predict that, but should make changes to adjust when needed. Council Member Strayton noted that not every lot would be able to allow for an addition. Council Member Riley suggested that possibly a five foot setback could be allowed on one side if the required ten foot setback is maintained on the other side. Riley said she appreciates the bond you can have with neighbors and that should be 3 ROSEMOUNT CITY PROCEEDINGS i REGULAR MEETING NOVEMBER 18, 2003 encouraged. Riley said we could look to modify the language to read, "grandfather in houses built before 2004." Riley suggested this be addressed at a work session. DeBettignies agreed that the five foot setback could be allowed on the garage side only. Mayor Droste said that in this situation no hardship can be established, but the fundamental change of distance between homes is changing. This may not be beneficial for all. City Attorney LeFevere noted that a variance is not the way to solve zoning issues. Modifying the zoning code or conditional use process should be considered. MOTION by DeBettignies to continue the Public Hearing for the Variance appeal for the Decision of the Board of Appeals and Adjustments to Deny a Five Foot side Yard Setback Variance to Scott and DeAnn Boecker to the December 2 nd City Council meeting. Second by Shoe- Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. Announcements City Administrator Verbrugge stated that an error in a date was discovered under the Consent Agenda, Item 61 Set Public Hearing to Vacate Drainage & Utility Easement. He indicated that the Public Hearing will be on December 2, 2003. This correction will be made. Mayor Droste reviewed the upcoming meetings. The City Hall will be closed for Thanksgiving Day and the following day, November 28. The City will hold its Truth In Taxation Hearing on December 1, 2003 at 6:30 p.m. at City Hall. Council unanimously adjourned the meeting at 8:34 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2003 -42. 4