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HomeMy WebLinkAbout6.a. Minutes of October 7, 2003 Regular City Council} ITRA 71( 6 A ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 2003 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, October 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 Strayton, Shoe - Corrigan, DeBettignies, and Riley present. Also present were City Administrator Verbrugge, City Attorney LeFevere, City Engineer Brotzler, City Planner Pearson, Community Development Director Lindquist, Parks & Recreation Director Schultz, Police Chief Kalstabakken, and Finance Director May. The Pledge of Allegiance was said. A letter from Dakota County Engineer Mark Krebsbach was provided for Item 6.n. Consider Resolution Requesting MmDOT Cooperative Agreement. It indicated the County's support of turn lanes and traffic lights at County Road 38 and Highway 3. A letter to describe the IRISH Dome project and the need to use a site which had received funding from L &WCF grants was included for Item 6 aa. Request for Amendment to LAWCON Grant to Build a Public Facility. And, City Attorney LeFevere recommended adding a condition to the resolution for Progress Land Company/ Rosewood Village Preliminary Plat for Detached Townhomes, Item 8.a. Mayor Droste moved to accept the agenda as presented. Second by Riley. Ayes: Five. Nays: None. The agenda was set. Response to Public Comment: Stiles Drainage Issue at 3515 147 Street West Mayor Droste noted that staff provided a memo to City Council outlining what has taken place to this point. Mr. Stiles requested that no work be done in his backyard at this time. His storm sewer modification has been deleted from the Chippendale Avenue / CSAH 42 project. Police Officer Oath of Office - Henry Cho Police Chief Kalstabakken introduced Police Officer Henry Cho. Cho was chosen from 100 applicants for the position. He obtained his police training at Inver Hills Community College and plans to continue his education at Concordia College. Cho worked security at the Mall of America and was a Community Service Officer for Eagan for two years. Kalstabakken explained that Mr. Wang Cho, Henry's father, would pin on the Police badge that was a symbol of trust, confidence, and authority to be used to benefit the community of Rosemount. Mayor Droste administered the Oath of Office. Cho was congratulated by his many friends and family in the audience as well as the City Council Members. Fire Department Open House City Administrator Verbrugge announced the Open House to be held at the Rosemount Fire Station on Sunday, October 12 between noon and 4:00 p.m. This is a wonderful outreach to educate families about safety issues. There will be many demonstrations including: Life Link Helicopter Demonstration, Jaws of Life extrication, Coastguard Officer providing boat safety information, power line and gas line safety provided by Xcel and Minnegasco utilities, and fire equipment demonstrations. Verbrugge encouraged participation of the community and thanked the firefighters for all their efforts. 1 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 2003 Consent Agenda Council Member Strayton requested discussion on Item 6.z. Approve Amendments to SKB Agreement. MOTION by DeBettignies to approve the Consent Agenda removing Item 6.z.for discussion and acknowledging the additional information presented for items 6.n. and 6.aa. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. a. Minutes of September 16, 2003 Regular City Council b. Minutes of September 10, 2003 Committee of the Whole C. Minutes of September 16. 2003 Special Joint Meeting d. Minutes of May 21, 2003 Special Meeting e. Bills Listing f. Budget Amendments for Donations g. Budget Amendments for State Aids & Project h. Temporary On -Sale Liquor License for Dakota County Technical College i. Meeting Date Change for City Council Meeting j. Authorize Preparation of North Central Sanitary Sewer Update C.P. 375 k. Authorize Preparation of Plans & Specifications for Rosewood Townhomes, City Project #378 1. Declare Costs /Set Public Hearing — Connemara Trail, Phase 2 Assessments, City Project 343 m. Declare Costs /Set Public Hearing — 160 Street Sanitary Sewer Assessments, City Project 365 n. Consider Resolution Requesting MN /DOT Cooperative Agreement o. Authorize Preparation of Feasibility Report — Minea Development, City Project 351 p. Payment #7 & Final — Bloomfield 4"' Phase2 Street & Utility Improvements, City Project 341 q. Payment #11 & Final — Evermoor Drumcliffe Street & Utility Improvements, City Project 348 r. Payment #2 & Final -128 Street Drainage Improvements, City Project 356 S. Payment #5 & Final - Bloomfield 4 th Phase 1 Street & Utility Improvements, City Project 341 t. Rezoning Northwest Corner of Biscayne Avenue and 145 Street West U. Payment #6 & Final — Eastside Watermain Extension, City Project 320 V. Change Order #1, Eastside Watermain Phase 2, City Project 345 W. Common Boundary Line Relocation for Uitdenbogerds X. Fire Protection Agreements for 2004 y. Conditional Use Permit to Allow Concrete Production / Danner Z. Appr-eve Amendment to SKB Agreement (removed for discussion) aa. Request for Amendment to LAWCON Grant to Build a Public Facility 6.z. Approve Amendment to SKB Agreement Council Member Strayton noted that he was not against the increased amount of dispersals, but felt that the entire Trust Agreement should be reviewed before moving this forward. City Attorney LeFevere explained that these funds are not discretionary funds for City use. Council consensus was to bring this issue to a work session for re- examination. MOTION by Riley to adopt A RESOLUTION APPROVING THE FOURTH AMENDMENT I TO SAFETY -KLEEN ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST [FORMERLY KNOW AS THE LAIDLAW ENVIRONMENTAL SERVICES ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST; ALSO FORMERLY KNOWN AS THE USPCI, INC. ROSEMOUNT COMMUNITY TRUST] UNDER TRUST AGREEMENT DATED NOVEMBER 19, 1992, AS AMENDED. Second PJ ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 2003 by DeBettignies. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: Strayton. Motion carried. Progress Land Company / Rosewood Village Preliminary Plat for Detached Townhomes City Planner Pearson reviewed the Rosewood Village Preliminary Plat process. This phase of the development concerns the townhomes proposed east and south of Greif Brothers Corporation, between 145 Street and the Rosewood single - family lots. These townhomes are similar to Pulte's "Enclave." The density is much lower than maximum standards at 61 units. The site has been difficult to deal with because of the rail spur behind Greif Brothers and ponding issues. Mike Olson, Progress Land Company's Project Manager, reported that he had just learned of an option to post a bond for the stormwater utilities which he is willing to look into. City Attorney LeFevere recommended that a condition be added to the resolution as follows: "The developer will provide good title to downstream areas that are intended to provide ponding for surface water runoff from the platted property." This was added as condition 9. in the resolution. The City Council will have further opportunities to review or amend the plat for this development even if the preliminary plat is approved now. Mr. Olson noted that their building schedule has been pushed back and will likely begin in the spring of 2004. It was pointed out that the street alignment next to the railroad spur is designed to be extended to the west in the event the railroad spur is removed. This allows flexibility in the future. MOTION by Riley to adopt A RESOLUTION with the addition of condition 9 APPROVING THE PRELIMINARY PLAT FOR ROSEWOOD VILLAGE DETACHED TOWNHOMES. Second by Strayton. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Interim Ordinance for Downtown Development Area City Administrator Verbrugge explained the City of Rosemount has begun a serious planning effort to revitalize the downtown area. A Downtown Redevelopment Committee was formed and they have begun their study of the area. In order to protect their planning and land use efforts. Verbrugge suggested prohibiting development or redevelopment that may not serve the long- term goals of the community. A moratorium on building in the downtown area would help minimize the pressure to make changes before the Committee's study is complete. The recommended length of this moratorium is six months, expiring on April 30, 2004. Staff believes the downtown area being considered would include the "Coming Soon Site" on Hwy 3 and CR 42 since it should have a consistent use with the new downtown plan. Mayor Droste invited comments from the audience. Leo W. Lund owns the northwest corner parcel on Hwy 3 and CR 42 and has been discussing with the City an interested buyer. Lund stated he is 74 years old and would like to be done with this parcel. Lund is a general partner of Rosemount Properties Partnership. ALDI, the interested buyer, has indicated they would be willing to put a monument up on the corner and comply with any exterior designs that the Downtown Redevelopment Committee may request. Mr. Lund submitted a letter to City Council requesting that they would remove this lot from the Downtown Development Area moratorium. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 2003 City Planner Pearson responded that ALDI already has a significant investment in the Rosemount site. This would likely be a Planned -Unit Development (PUD) and would require conditional approval allowing the City to input their desired design standards for the downtown. Mike Herrmann, manager of Shenanigans, 14605 Robert Trail, has plans to remodel the interior of his business and expand the customer space. His business is doing well, the parking lot is full Thursday through Saturday. Herrmann had planned to remodel in the winter so he would not lose as much business since it is slower in the winter. Herrmann asked the City to continue to work with his project so that when the moratorium is lifted, he could start his project. Herrmann asked what the vision is for the downtown and if the City Council would exempt his property from the moratorium? Council Member Shoe - Corrigan would consider conditional approval during the moratorium. City Administer Verbrugge said that Shenanigans would need to alter their liquor license and could do so conditional on the outcome of the Downtown Redevelopment Committee. Verbrugge offered three options: 1) remove some parcels from the moratorium, 2) have no exceptions, 3) modify the moratorium so that some selected parcels could have land use approval during the moratorium but final approval subject to the outcome of the Committee. The third choice would have some risk to the investor. Mayor Droste wanted to give the Downtown Redevelopment Committee all the latitude it could have. It needs to operate in order to complete its task. Droste was in favor of having no exceptions to the moratorium. Council Member DeBettignies asked some clarification questions. City Attorney LeFevere noted that typically when a moratorium is in place there are no exceptions simply because the landowner can spend a lot of money and time with plans that may not be of any use. LeFevere advised that amendments can be made to the moratorium as time goes on. This would limit any expansions or changes of use to currant businesses as well. Cosmetic or routine maintenance would be allowed. Council Member Riley sympathetically stated that in the case of Mr. Lund, it really is just bad timing. The City has worked on the downtown plan for several years and it must move forward. Shoe - Corrigan expressed concerns that the moratorium may need to be extended. Mayor Droste said he was committed to the April 30 "' deadline. Shoe - Corrigan said she did not include the ALDI site in the Downtown Redevelopment area, rather that it would end at the Master Transmission site on Hwy 3. Council Member Strayton said he was also committed to ending the moratorium on April 30 and would like the Committee to be able to go through the whole process. Strayton also said he did not want it to look like they are playing favorites by exempting certain parcels and noted also that the timing for currant requests were bad. MOTION by DeBettignies to adopt AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, PLACING A MORATORIUM ON DEVELOPMENT IN CERTAIN AREAS, AS DESCRIBED, OF THE CITY OF ROSEMOUNT THROUGH Eli ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 2003 APRIL 30, 2004. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies. Nays: Shoe - Corrigan. Motion carried. Announcements Mayor Droste reviewed the up coming meetings. City Administrator Verbrugge noted the attendance of the new Community Development Director Kiln Lindquist. Mayor and Council Members welcomed Kim. Verbrugge noted that the Library Committee will meet on Monday, October 13 at 7 p.m. at the City Hall. City Attorney LeFevere requested that Council adjourn to Executive Session to discuss pending litigation. This is a closed meeting due to attorney - client privilege and exempt from the open meeting law. MOTION by Droste to adjourn to the Closed Executive Session. Second by DeBettignies. Ayes: Five. Nays: None. Motion carried. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2003 -36. 5