The URL can be used to link to this page

Home My WebLink About6.a. Minutes of August 7, 2003 Regular City Council Meeting6. a• ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 2003 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Thursday, August 7, 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, Riley, Strayton and Shoe - Corrigan present. Also present were City Administrator Verbrugge, Attorney LeFevere, City Engineer Brotzler, City Planner Pearson, and Engineering Consultant Andrea Moffat from WSB Engineering. The Pledge of Allegiance was said. An additional donation was added to Item 6.e. Receipt of Donation for Police Department D.A.R.E. and three items were added to the Consent Agenda: Item 6.m. Gambling Premises Permit Renewal for Rosemount American Legion; 6.n. Receive Donations - AMF City Limits and Target; and 6.o. MCES Agreement for Eastside Watermain, City Project 345. Mayor Droste moved to accept the agenda as amended. Second by Riley. Ayes: Five. Nays: None. The agenda was set. Public Comment Mike Freels, 15216 Danville Avenue, was concerned about public safety in his neighborhood in regard to animal control and dog bites. Freels has a neighbor who has a dog that is known to have bitten people three times. His child was one of the victims. Freels said that invisible fencing offers only a sense of safety for the owner and does not work with most dogs in his neighborhood. Freels felt that the city does not have a coherent policy that progresses with a logical penalty when repeat offenses are made. Freels suggested that City Council review the - Animal Ordinance to make it flexible and exercise common sense, but not leave it open to interpretation. Freels said the current ordinance does not enforce the public nuisance issue as stated in Minnesota State Statutes 347. Freels found on the internet that the city of Fort Worth had forbidden invisible fencing unless there was also a physical fence in place. Mayor Droste thanked Mr. Freels for appearing and noted that this is appropriate and timely information because the Council is currently reviewing the Animal Ordinance. Consent Agenda Mayor Droste noted that three items had been added to the Consent Agenda, 6 m., n., and o. as stated below and that Item 6.e. received an additional donation. MOTION by DeBettignies to approve the Consent Agenda with additional information added to Item 6.e. Receipt of Donation for Police Department D.A.R.E. Fund and adding Item 6.m. Gambling Premises Permit Renewal for Rosemount American Legion, 6.n. Receive Donations - AMF City Limits and Target, and 6.o. MCES Agreement for Eastside Watermain, City Project 345. Second by Riley. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. a. Minutes of July 15, 2003 Regular City Council Meeting b. Minutes of July 15, 2003 Special Meeting C. Minutes of July 9, 2003 Committee of the Whole d. Bills Listing e. Receipt of Donation for Police Department D.A.R.E. Fund (amended) 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 2003 f. Expenditures Approval from Donation Account for Parks & Recreation Department g. Joint Powers Agreement Between Dakota County Technical College and the City of Rosemount for Extension of Water Services, City Project #345 h. Change Order #4, Rosewood Estates/Village Street & Utility Improvements, City Proj 350 i. Set Public Hearing, Vacation of Drainage & Utility Easement in Bloomfield, Outlot C j. Receive Plans & Spec's /Authorize Advertisement for Bids for Biscayne Pointe 5 th Addition Street & Utility Improvements, City Project 367 k. Resignation of a Firefighter 1. Set Special Meeting August 13, 2003 to Consider Bid m. Add -on Gambling Premises Permit Renewal for Rosemount American Legion n. Add -on Receive Donations - AMF City Limits and Target o. Add -on MCES Agreement for Eastside Watermain, City Project 345 Wetland Conservation Act Exemption for Keegan Lake Outlet, City Project 343 City Engineer Brotzler recapped the proposed City Project 343 for storm sewer improvements for the Keegan Lake Outlet Project. Keegan Lake is a DNR regulated wetland so a permit is required for work below the Ordinary High Water (OHW) mark. Andrea Moffat, Wetland Specialist from_ WSB Engineering, provided details of the review. The project would impact 4,506 square feet while 'installing an outlet on the southeast side of Keegan Lake. The outlet would flow to a new infiltration basin with a series of outlets to the Bloomfield 5 th pond. Residents around Keegan Lake face septic system failures if the water level cannot be controlled. Brotzler noted that the City's Public Works Department would operate the storm sewer system. Mayor Droste said that residents affected should be notified of these changes. MOTION by Shoe - Corrigan to approve the Wetland Conservation Act Determination Findings and Conclusions for Keegan Lake Outlet Construction Project, City Project 343. Second by DeBettignies. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe- Corrigan. Nays: None. Motion carried. Rezoning From PI to R -2 for Basic Builders City Planner Pearson presented the request from Basic Builders to rezone approximately 16 acres located on the southwest corner of Biscayne Avenue and Connemara Trail, east of Hwy 3 which is under construction. Pearson explained that this parcel was zoned Public/Institutional when a request to place an Islamic cemetery there was made and the City's Comprehensive Guide Plan was updated in 1993. The cemetery proposal never developed further. Basic Builders proposes 40 twin -home units. It was noted that this was a difficult parcel because of the nearby railroad and National Guard Maintenance Facility. Council Member Strayton questioned the tax base for the property and what benefit to the community this would be. MOTION by DeBettignies to approve an ordinance amending Ordinance B, the Zoning Ordinance, rezoning the property located on the southwest corner of Biscayne Avenue and the projected Connemara Trail from PI (Public/Institutional) to R -2 (Moderate Density Residential). Second by Shoe - Corrigan. Ayes: Riley, DeBettignies, Shoe - Corrigan, Droste. Nays: Strayton. Motion carried. 2 F ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 2003 Zoning Text Amendment: Section 16.6E - Minimum Building Size in the General Industrial District City Planner Pearson noted that this request comes fr om City Staff due to recent trends of commercial developers to have a low building to lot size ratio. Staff conducted research on how other cities have handled this issue. Apple Valley has a 20,000 square foot minimum building size per lot and an 80,000 square foot minimum lot size. Outdoor storage or parking lot does not increase the taxable value of the property. This amendment only applies to the General Industrial (GI) district. This would not affect businesses already developed. Only those businesses that developed after the amendment is published would be required to comply. Council felt that protective wetland should not be included in the total land formula for determining building size ratio. MOTION by DeBettignies to approve amending Ordinance B, the Zoning Ordinance, Section 16.6E, creating a minimum building size standard of 10 percent of the subject property with the addition on E. 9. "excluding protected wetland. Second by Shoe- Corrigan. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried. Zoning Text Amendment to Allow Cement or Concrete Production in the AG District Provided the Site Has an Approved Mineral Extraction Permit City Planner Pearson presented an application for an amendment which would allow Mr. Danner to begin a cement plant at the location of his mineral extraction operation on the east side of Rosemount. Staff proposes that a Conditional Use Permit (CUP) process would be used to attach conditions when necessary. If any conditions are violated, the city would have the authority to revoke the permit. Pearson noted that there are more complaints with asphalt plants than cement plants. There are five mineral extraction operations licensed now, some of these are in the Industrial District where cement plans are already a permitted use. Council will have a chance to review any new application for a cement plant and there is an annual review of mineral extraction permits. MOTION by Strayton to approve an ordinance amending Ordinance B, the Zoning Ordinance, Sections 6.1(AG, Agricultural District) and 12.4 (Mineral Extraction) to allow cement or concrete production in association with mineral extraction as a conditional use within the AG, Agricultural District. Second by Riley. Ayes: DeBettignies, Shoe- Corrigan, Droste, Riley, Strayton. Nays:-None. Motion carried. Announcements Mayor Droste reviewed the upcoming meetings. City Engineer Brotzler announced that as part of the City's maintenance program the Public Works Department will be doing overlays of the trail along Shannon Parkway between CSAH 42 and 160 Street starting August 18. Mayor Droste and City Council unanimously adjourned the regular meeting at 8:33 p.m. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 2003 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2003 -28. ILI