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HomeMy WebLinkAbout6.a. Minutes of June 3, 2003 Regular City Council MeetingITEM # 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 3, 2003 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, June 3, 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, Police Chief Kalstabakken, and Parks & Recreation Director Schultz. The Pledge of Allegiance was led by Girl Scout Gold Award Recipients in Troop 1836. Additional information was provided for several items: 6.b. completed minutes for the May 15, 2003 Committee of the Whole; 6.e. bid results for Eastside Watermain Phase 2 Improvements, City Project 345; and, 7. resolution amended for Vacation of Drainage & Utility Easement in Glendalough 2 nd Addition. An addition was requested for New Business, Approve Resolution Supporting . Application of Timothy Loesch to Dakota County Farmland and Natural Area Advisory Committee. This new business item was set as item 9.d. Mayor Droste moved to accept the agenda as amended. Second by DeBettignies. Ayes: five. Nays: none. The agenda was set. Public Comment Lynette Stauffer, 4012 133 Court West, commented on the amendments set forth in Item 9.a. for Saunas and Massage Parlors. Stauffer said that these amendments are only a band -aid and that massage therapy should be taken out of the Adult Ordinance section. Dan Huberty, 4212 143 Street West, represented Hawkins Pond Association Wetland Project. Chris Mattson, 4086 143 Street West also stood in support. Huberty asked to work toward a resolution on the wetland project. City Administrator Verbrugge noted that this discussion would take place next week at the Committee of the Whole, June 11 Kevin Grass, 14673 Cimarron Avenue, was concerned about the concept plan for four lots off Dodd Boulevard and how that affected his hedge and nearby trees. Grass was informed that this item will be presented to the Planning Commission on June 24 and he should continue his discussion there. Mayor Droste said the neighborhood would be notified. Honor Girl Scout Gold Award Recipients Girl Scout Troop 1836 had five girls receive the Girl Scout Gold Award. Mayor Droste and Council Member Riley presented certificates of acknowledgement to Emily Anne Jacobson, Michelle Marie Jacobson, Jamie Korthauer, Ashley M. Kropelnicki, and Ashley B. Weisensel. Mayor Droste noted that these Gold Award recipients were the leaders of tomorrow and that City Council was proud of them. Proposed Player Development Area Arena Parks & Recreations Director Dan Schultz presented a building project in the ice arena to add shooting range, warm -up facility, and meeting room. The Rosemount Area Hockey Association (RAHA) would donate funds to cover the entire cost of the project. Schuttz proposed a use i ROSEMOUNT CITY PROCEEDINGS ! REGULAR MEETING JUNE 3, 2003 agreement with RAHA and review, through the normal building process, by the building inspection department, and fire department. The Parks & Recreation Commission and city staff have reviewed this project and will support it. The cooperation between organizations for a creative solution was applauded. Presentation and Acceptance of 2002 Comprehensive Annual Financial Report (CAFR) Finance Director May introduced Mr. Decanton from the audit firm of Virchow, Krause & Company. DeCanton reviewed the process used to audit the City which began in the fall of 2002. Reports were prepared and reviewed by staff. The audit report is 83 pages in length and the City received the most favorable response of an "unqualified opinion." The accounting policies are accurate with no recommended changes. State legislative changes will require depreciation for the enterprise fund. Next year the GASBY 34 legislation will create noticeable changes to the audit report appearance. Mayor Droste noted that a Fund Balance Policy will be developed beginning at a future work session. MOTION by Strayton to adopt A RESOLUTION ACCEPTING THE 2002 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Second by Shoe - Corrigan. Ayes: Droste, Riley Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. Consent Agenda Item 6.f Receive Bids /Award Contract for Eastside Watermain Phase 2 Improvements, City Project 345 and 6.p. Amendments to Ordinance B Supplementary Regulations were pulled for discussion. MOTION by Riley to approve the Consent Agenda removing items 6.e and 6.p. and additional information for 6.b. Minutes of May 15, 2003 Committee of the Whole. Second by Strayton. Ayes: Riley, Strayton, DeBettignies, Shoe- Corrigan, Droste. Nays: None. Motion carried. a. Minutes of May 20, 2003 Regular City Council Meeting b. Minutes of May 15, 2003 Committee of the Whole (revised) c. Bills Listing d. Receipt of Donation for Police Equipment Fund e. Authorize Preparation of Plans & Spec's - Bloomfield 6 th Addition, Street and Utility Improvements, City Project 372 f. , Pulled for discussion g. Receive Plans & Spec's /Authorize Ad for Bid — 160 Street Sanitary Sewer Improvements, City Project 365 h. Speed Limit on Chippendale Avenue i. 3.2% Malt Liquor License Renewals for 2003 -2004 j. 2003A G.O. Improvement Bond Issue - Authorizing Issuance and Setting Bond Sale k. 2003B G.O. Water Revenue Bond Issue - Authorizing Issuance and Setting Bond Sale 1. Approve Labor Agreement with AFSCME Local #3857 m. Minor PUD Amendment for Rosemount Commons (Claret Springs East) n. Dakota County Wetland Health Evaluation Project o. Adopt Findings of Fact Upholding Variance Denial for Kulhanek 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 3, 2003 p. Amendments t" Or-dinanee Or-din B Suppl emei A afy R egt d a 4i ens Pulled for discussion 61. Receive Bids /Award Contract for Eastside Watermain Phase 2 Improvements, City Project 345 Council Member Strayton asked if this was the project where we had to reject all bids due to an irregularity. City Engineer Brotzler replied that it was the same project and that bid occurred in March. There was an increase over all of approximately $62,000. An amendment was made to the project to include a SCADA System for the well system with an increase value of $25,000. The recommended low bid is from Three Rivers Construction for $1,022,089.80. 4 MOTION by Strayton to adopt A RESOLUTION RECEIVING THE BIDS AND AWARDING THE CONTRACT FOR THE EASTSIDE WATERMAIN PHASE 2 IMPROVEMENTS, CITY PROJECT 345. Second by Riley. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried. 6.p. Amendments to Ordinance B Supplementary. Regulations Council Member DeBettignies requested some clarification language to Section 1, 7.2C.f. referring to skateboard ramps at a maximum height of 36 ". Council consensus agreed. MOTION by DeBettignies to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE Supplementary Regulations. Second by Droste. Ayes: DeBettignies, Shoe- Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Public Hearing: Vacation of Drainage & Utility Easement in Glendalough 2 " d Addition, Lot 1, Block 1 Mayor Droste introduced City Engineer Brotzler and the Affidavit of Notice and Publication were on file with the City Clerk's office. City Engineer Brotzler gave an overview of a lot configuration change that would change the need for drainage and utility easements in Glendalough 2 " Addition. Brotzler described this as a "housekeeping" item in order to maintain correct records with the County Auditor's office. This vacation will cause easement dedication in Glendalough 3 rd Addition when it is platted. Mayor Droste opened the public hearing, but no comments were made. MOTION by Droste to close the Public Hearing for Vacation of Drainage & Utility`Easement in Glendalough 2 " Addition, Lot 1, Block 1. Second by DeBettignies. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. MOTION by Riley to adopt A RESOLUTION CAUSING EASEMENT VACATION ON THE GLENDALOUGH 2 ND ADDITION PLAT, LOT 1, BLOCK 1. Second by Shoe - Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 3, 2003 Amendment to City Code 3 -2 -3B Saunas and Massage Parlors Police Chief Kalstabakken reviewed how the city ordinance for saunas and massage parlors dated back to 1976 and initially was used to keep prostitution out of our city. Therapeutic massage has become more common and accepted. Previous amendments to the ordinance addressed the issue of having massage therapists working under the direct supervision with licensed medical personnel, such as, doctors, chiropractors, nurses, etc. Massage has also become a common service to be provided as part of health and fitness centers. The proposed amendment would remove the requirement to obtain business license if massage therapy is conducted as an accessory service of a bona fide health and fitness center. There are requirements in the ordinance amendment to define bona fide health and fitness center. The ordinance already limits the times that massages can be given as another means to reduce the chances of a massage center being used as a front for illegal activity. Kalstabakken noted that the fees would be determined by review yearly, usually in December. Kalstabakken noted that the fees originally were set high to discourage a front for prostitution. A local survey showed that personal license fees are $25 to $50 and business license $100 to $500. Council Member Shoe- Corrigan noted the comments from Ms. Stauffer who stated this amendment is a band -aid and more is needed. Shoe - Corrigan suggested that massage therapy might be made exempt from this ordinance and handled separately. Mayor Droste noted this is the first reading and no action is required tonight. Consensus was to review the full ordinance and review additional information. City Attorney LeFevere pointed out that a public hearing is not required for this type of amendment. Amendment to City Code 7 -5 -1, 2, 3, and 6 Bows and Firearms Police Chief Kalstabakken reviewed the history of Rosemount's firearm restrictions and noted that Minnesota State laws need to be followed in addition to any restrictions included within Rosemount's ordinance. Because of development in Rosemount, hunting restrictions have had to be added to ensure public safety. Wildlife control has become an issue with a large number of deer encroaching on the roadways resulting in crashes with motor vehicles and destroying private landscaping and property. A petition with sixteen signatures was presented to Council in support of expanding the hunting rights in the area of land between Bacardi and Akron Avenues in eastern Rosemount. This amendment would allow bow hunting and shotgun in certain agricultural and rural residential areas between Bacardi and Akron Avs. north of County Road 38 and to the first section line west of Akron Av. from County Road 42 to County Road 38. Additional restrictions on shotgun hunting include hunting from an elevated stand when hunting deer and limiting the type of shot to up to #2 shot. State law requires a 500 -foot distance from any residence. Bow hunting would be permitted within the restricted area in all rural residential and agriculture zoned areas that have a minimum of two and one -half acres. Kalstabakken said there would be an education effort made if the amendments are adopted. Neighbors might be alarmed by hearing shotgun blasts if the resident is unfamiliar with shotgun range and the regulations of the ordinance. The educational component would be directed at 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 3, 2003 residents nearest the shotgun - restricted area to advise them of the new regulations. Enforcement would be by the Rosemount Police Department and the State Department of Natural Resources. Laws do rely on the resident to comply with the laws set out. Violations would be reported by complaints and patrols. Hunters would still need to possess a hunting license and either be the landowner or possession written permission from the landowner to hunt on the property. Since there was not any disagreement on this amendment, Council Member Riley moved for the motion. City Attorney LeFevere said there are no formal requirements for a second reading and nothing to stop City Council from moving this issue forward. MOTION by Riley to amend AN ORDINANCE RELATING TO BOWS AND FIREARMS; AMENDING ROSEMOUNT CODE 7 -5. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried. Concept Residential Planned Unit Development for Tollefson Development City Planner Pearson reviewed the ten -acre development by Casey Wollsclager. of Tollefson Development. Access would be onto Connemara Trail through Biscayne Pointe Fifth Addition. There were no variances requested with this concept plan and Planning Commission approved it but noted concern for improvements to the road. City Council discussed Park Dedication, designated speed, 55 mph on County Road 38; preserving natural wildlife tree stands; and buffering along the 55 mph road. City Attorney LeFevere noted that because there were no variances, City Council does not need to approve the concept plan. However, Council did request that the developer work with City Planner Pearson to find some creative solutions to their mentioned concerns. Mr. Wollsclager indicated he would be willing to work with staff on this concept plan. Approve Resolution Supporting Application of Timothy Loesch to Dakota County Farmland and Natural Area Advisory Committee City Administrator Verbrugge presented the recommendation to appoint Timothy Loesch to the newly formed Farmland and Natural Area Advisory Committee through June 2, 2003. Rosemount resident Timothy Loesch has submitted an application to serve on this committee. The resolution is prepared to forward on to the Dakota County Board of Commissioners for appointment. MOTION by DeBettignies to approve A RESOLUTION SUPPORTING THE APPLICATION OF TIMOTHY LOESCH TO THE DAKOTA COUNTY FARMLAND AND NATURAL AREA ADVISORY COMMITTEE. Second by Shoe - Corrigan. Ayes; DeBettignies, Shoe- Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Legislative / Intergovernmental Updates City Administrator Verbrugge reported that the personal property tax exemption for Great River Energy was approved by State legislation. Additional changes were made to liquor licenses for extending hours to 2:00 p.m. with a fee paid to the State from $200 to $600 dependent on the income of the establishment. The Liquor Ordinance will be discussed in detail at the Committee of the Whole next week. Verbrugge attended the annual meeting of MAMA. A good working 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 3, 2003 relationship has been established with Metropolitan Council. Rosemount's estimated budget loss due to legislative changes is $750,000 this year and $350,000 to $500,000 for next year. The City can levy back about 60% of that and the rest would be lowered by removing the built in "growth factors" in the budget. The final numbers will not be known until September 2003. It is the City's intention to absorb this loss without affecting city services. Announcements Mayor Droste reviewed the upcoming meetings. Council Member DeBettignies noted what an honor it was to have five Girl Scouts from Rosemount receive the Girl Scout Gold Award. He gave them congratulations and said it was awesome to have 10% of all the St. Croix Valley area come from our City. Council concurred. Council Member Shoe- Corrigan attended the fifth grade D.A.R.E. graduation. She noted it is wonderful to have such a successful drug prevention program. Shoe - Corrigan noted her regrets in learning of Police Officer Mark Robideau's intensions to retire because he has done a great job with the youth of Rosemount. Mayor Droste adjourned the regular meeting at 9:22 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2003 -21.