HomeMy WebLinkAbout6.a. Minutes of January 7, 2003 Regular City Councilf
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_ REGULAR MEETING
JANUARY 7, 2003
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, January 7, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875 -
145th Street West.
Mayor Droste called the meeting to order with Council Members Shoe - Corrigan, DeBettignies,
and Riley present. (The mayor elect and council members elect were given the Oath of Office
proceeding the Port Authority meeting at 6 p.m., January 7, 2003.) Also in attendance were
Interim City Administrator/ Police Chief Kalstabakken, City Attorney LeFevere, Community
Development Director Parsons, Parks and Recreation Director Schultz, City Engineer Brotzler,
City Planner Pearson, Fire Chief Aker and Fire Captain Bailey. The meeting was opened with
the Pledge of Allegiance.
Mayor Droste started off the meeting by welcoming the new Council Members Shoe -
Corrigan and Mark DeBettignies and returning Council Member Mary Riley. He also thanked
his predecessor Mayor Cathy Busho for her years of service to the citizens of Rosemount in both
an elected and volunteer capacity. He then also thanked previous Council Members Edwards,
Cisewski, and Klassen for their service.
Agenda Changes
Interim City Administrator Kalstabakken presented an add -on item of 6.p. Hiring of Tiny Tots
Instructor to the consent agenda. Additional information was also provided to Council for item
7.a. Conditional Use Permit Amendment for Fiber Optics to the Home and a letter in favor of the
improvement.
Department Head Reports
Fire Chief Aker presented 14 firefighter recruits to the City Council. Aker noted it was the
largest number of firefighters added at once, bringing the total number of 44 members, also the
highest number of firefighters on the department ever. He presented Recruitment Captain Dave
Bailey, who in turn introduced twelve of the fourteen new firefighters.
MOTION by DeBettignies to approve the hire of Phillip Boehne, Michael Cordes, Jacob
Ganfield, Chad Ganfield, Kerry Hiben, Shawn Hill, Brad Miller, Dale Olson, Jacob Rylander,
Robert Sciamanda, Tom Strese, Bruce Sword, Nathan Toso, and Greg Zeno to the position of
Firefighter. Second by Riley. Ayes: Shoe - Corrigan, DeBettignies, Riley, Droste. Nays: None.
Motion passed.
Consent Agenda
a. Minutes of December 17, 2002 Regular City Council
b. Bills Listing
c. Receive Donation — Administration
d. Naming Depositories and Financial Institutions
e. Appointment of Weed Inspector
f. Designation of Official Newspaper
g. Appointment of Acting Mayor
h. Resignation of Employee
i. Approve Joint Powers Agreement - 2003 Traffic Marking, Cracksealing and Sealcoating
i. Receive Bid and Award Contract — Bloomfield Park
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k. Approve Payment #3 and Final - South Rose Park Street & Utility Reconstruction, City
Project #325
1. Authorize Request to Mn/DOT for Speed Study - Chippendale Avenue (145th to 160th
Street)
m. Approve Plans & Specifications / Authorize Advertisement for Bids - Roundstone Street &
Utility Improvement Project, City Project #361
n. Roundstone Final Plat and Subdivision Agreement
o. Linder's Flower Mart Seasonal Permit Renewal
p. Hiring of Tiny Tot Instructor (ADD -ON)
MOTION by Riley to approve the Consent Agenda. Second by Droste. Ayes: Shoe - Corrigan,
DeBettignies, Riley, Droste. Nays: None. Motion passed.
Conditional Use Permit Amendment Fiber Optics to the Home (FTTH)
City Planner Pearson presented the item which was being carried over from the December 17
2002 Council meeting. The property concerned lies on the NE corner of Shannon and Evermoor
Parkway. A conditional use permit (CUP) was initially granted for a small building to house a
fiber optic collection area with the intention that the permit be renewed or amended when the
developer moved to install satellite dishes on the site.
The antennas now being proposed are two -10 foot diameter dishes and one -14 foot diameter
dish; these antennas are larger and more visible than originally proposed. The developer is
willing to screen the antennas and is also proposing that the antennas be located there on a
temporary basis only. Staff is proposing two alternatives to move the issue forward: 1) adopt an
amended CUP to allow the antennas or 2) prepare an Interim Use Permit (IUP) allowing the
antennas for a period of 18 months.
Riley asked to clarify the number of antennas that are being proposed. Pearson said the number
was three. Droste asked why the proposed antennas could not be installed on the back side of the
building as originally proposed. Mike Walder with Fiber to the Home (FTTH) came forward to
answer the Mayor's question. Mr. Walder stated that the initial system that was proposed had
poorer quality technology and that the new technology restricts them from placing the satellites
where they were initially proposed. Droste then asked if the applicant would accept either an
IUP or a CUP. Mr. Walder said their concern would be one of timing and whether they could
move forward as quickly under an IUP as they could under a CUP. He said that fiber is being
provided to two schools and to the City and under this commitment the dishes are to be relocated
within one year. He also stated that FTTH had contacted the neighbors, and he had a letter from
one of the homeowners supporting the proposal. He presented the letter to Recording Secretary
Graff to enter into the record.
DeBettignies asked if dishes will serve all the properties in the development. Mr. Walder
indicated that it will serve the properties and out of the area as well. Droste clarified that no
additional dishes will be required to add additional service, the proposed dishes would pull down
the signal and then the signal would be broadcast over the fiber, providing service to the entire
metro area if ever necessary. DeBettignies asked why three dishes were needed. Mr. Walder
confirmed that three dishes are needed to provide the channel line -up being presented. Shoe -
Corrigan asked for clarification and then asked if the issue would come back when the satellites
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are relocated. Pearson stated that the issue may not have to come back if the new property is
zoned commercially, however if there is a zoning problem it may come back to Council. Riley
asked the applicant if 18 months was an acceptable timeline. Mr. Walder indicated that the
Planning Commission had granted the additional six months and that FTTH felt that the 12
month period would be adequate.
Droste then asked Pearson how to proceed with the IUP. LeFevere added to this discussion,
asking if satellite dishes are listed as potential interim uses in the RI zone. Pearson stated that
satellite dishes are permitted accessory uses. LeFevere then stated that since dishes are not listed
as interim uses in the Rl, technically the IUP route would require an ordinance amendment
which would take longer. For an 1UP the ordinance must specify that this kind of use is
potentially an interim use. LeFevere wondered if it would it work to treat this issue as a PUD
amendment requiring that the declaration be amended with an addendum to the declaration that
has an 18 month term. Pearson agreed saying that he thought the PUD could be amended for
that purpose. LeFevere went on to say that as long as direction is clear, it would just be a matter
of documentation.
Shoe - Corrigan asked if they would go with the 18 months or go with 12 months with one
opportunity for renewal. Droste then asked if an amendment to the PUD could have the
language clarifying the period of time. Pearson stated that yes, a minor PUD amendment could
be structured to cover those contingencies. Droste asked if the motion would be to modify the
PUD with language to be brought back to the next Council meeting. LeFevere stated that as long
as Council was comfortable that the terms and conditions having been sufficiently defined, the
PUD amendment wouldn't have to come back to Council.
DeBettignies gave some sample language for a motion. Pearson asked to call it a minor PUD
amendment. LeFevere clarified motion to read - as follows: Motion to provide a minor PUD
amendment to allow three antennas subject to the condition that: 1) they be removed in 12
months unless the Council approves an extension; 2) that the location be adjusted to eliminate
any setback encroachments consistent with all applicable zoning standards including Section
7.2.B.C. and 7.2.C.F.; 3) that the dish antennas be visually screened from adjacent residential
uses with significant landscaping; and 4) that the declaration of covenants be amended to provide
for these amendments. DeBettignies asked that LeFevere's language be brought forward as the
motion.
MOTION by DeBettignies to provide a minor PUD amendment to allow three antennas subject
to the condition that: 1) they be removed in 12 months unless the Council approves an extension;
2) that the location be adjusted to eliminate any setback encroachments consistent with all
applicable zoning standards including Section 7.2.B.C. and 7.2.C.F.;'3) that the dish antennas be
visually screened from adjacent residential uses with significant landscaping; and 4) that the
declaration of covenants be amended to provide for these amendments. Second by Droste. Ayes:
DeBettignies, Riley, Droste, Shoe - Corrigan. Nays: None. Motion passed.
City Council Vacancy
Interim Administrator Kalstabakken gave the history of the item reviewing Council Member
Klassen's resignation and the passing of the special election ordinance that was passed. He
stated it was now up to the Council to decide how to proceed. Droste asked LeFevere to
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comment on the legal issues involved. LeFevere said two decisions are required: 1) How to fill
the vacancy. LeFevere said this was entirely within the Council's discretion but that Council is
required by law to fill vacancy until an election is held. The appointment must occur regardless
of whether election is in 60 days or in November 2004. 2) Next the Council must determine
whether or not to conduct an election to fill the vacancy. By law, statutory cities such as
Rosemount generally fill by appointment when a vacancy occurs. However, according to the
new special election ordinance, if the Council is required to call a special election within 60 to 90
days. Lefevere then discussed some options for proceeding with a special election.
Council Member Riley stated that while the election process is a fair process she felt that an
election must serve the people. She stated that the she felt that the residents have spoken out and
do not want to spend $10,000 to put on a special election. She is concerned over a low turnout
and the state's financial opinion to rescind the ordinance and she asked the City Attorney about
what the language should be. DeBettignies stated he would support a repeal of the special
election ordinance. Shoe - Corrigan also stated her support to rescind the ordinance.
DeBettignies asked if the ordinance is repealed what is the term of the open seat. LeFevere
stated that the term would expire at the end of 2004. Droste stated that he was also in agreement
with the comments. LeFevere stated that repealing the special election ordinance also takes an
ordinance, though it doesn't require a public hearing, merely a majority of the Council.
LeFevere also stated that preparing the ordinance action didn't require a motion, rather it just
needs to be brought back for action at the next meeting.
Droste then moved back to the process to appoint and asked LeFevere how to go about it.
LeFevere stated that if there is an obvious choice, the Council could make appointment by
motion at any time. However, it is more common to advertise to the public that applications will
be received for a period of time. LeFevere also stated that the Council doesn't have to decide
about the application process at the outset, but rather determine the process based upon the
number of applicants that respond. LeFevere noted that it is important for Council to get another
member, especially to move items such as public improvements forward. Following this
discussion, DeBettignies proposed that the application period be two weeks from the time the
notice was made public in the newspapers. Droste clarified this action with Interim
Administrator Kalstabakken and that no motion was necessary.
Council Meeting Dates
Interim Administrator Kalstabakken gave the history of the item reviewing the need of the
Council to temporarily modify the day of the City Council meetings to the first and third
Thursdays at 7:30 p.m. Droste stated that this was temporary in nature affecting the meetings
from February through April. Riley clarified that in May the meetings would return to the first
and third Tuesday of the month. DeBettignies made a motion to move the regularly scheduled
City Council meetings to the first and third Thursdays of the month beginning in February and
proceeding through April 2003.
MOTION by DeBettignies to move the regularly scheduled City Council meetings to the first
and third Thursdays of the month beginning in February and through April 2003., Second by
Shoe - Corrigan. Ayes: Riley, Droste, Shoe - Corrigan, DeBettignies. Nays: None. Motion passed.
Announcements
Mayor Droste reviewed upcoming meetings and events through the next Council meeting.
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The meeting was adjourned at 8:37 p.m.
Respectfully submitted,
Paula A. Graff
Recording Secretary
The City Council Agenda Packet is Clerk's File 2003 -01.
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