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HomeMy WebLinkAbout6.c. Minutes of May 15, 2002 Committee of the Wholef ITEM 9 6 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MAY 15, 2002 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on May 16, 2002, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Council Members Klassen and Cisewski. Council Member Riley arrived at 6:50 p.m. Also in attendance were City Administrator Burt, Community Development Director Parsons, City Planner Pearson, Code Enforcement Official O'Brien, City Engineer Brotzler, and Urban Wildlife Specialist Brian Luke with the State of Minnesota Department of Natural Resources (DNR). Council Member Cisewski noted she had requested that the potential library for Rosemount be discussed. Burt noted he has a meeting later in the week with Dakota County regarding that and will report back to City Council. Mayor Busho moved the 2. G. Banner Update with item 2.D. Street Lighting Plan and South Rose Park Street Lighting. Animal Ordinance Amendments City Administrator Burt reviewed the sequence of events that has brought the animal ordinance to this point. This process will change the control from the zoning ordinance to the City Code, which is more enforceable. The exotic animals continue to be an issue. A grandfather clause which would register those currently holding exotic animals with a 90 -day limit for response to continue to allow them, but no additional exotic animals would be allowed. Klassen noted that when the issue was first brought up at Planning Commission, it centered around the question of what "domesticated" meant. Klassen was surprised at the size of the animal ordinance, noting that it is too lengthy. Burt noted that monkeys have never been a permitted use. Staff is looking for further direction. City Planner Pearson noted that at present a resident's only recourse is to appeal staff interpretation to the City Council. This does not require a public hearing. A variance is not used because it must show hardship (usually with a land use issue). Burt talked with our City Attorney who said a resident could request a public hearing at the City Council level. Klassen noted the document is too thorough and felt the 32 page document was punitive, too restrictive and unenforceable. Klassen felt that the document should be simplified. And, that if an animal is bred and raised in the U.S. and sold legally in Minnesota, it should not be prohibited in the City of Rosemount. Klassen said other cities are not as restrictive such as Rochester and Apple Valley. Only animals proven to be dangerous are restricted. Mayor Busho noted that this ordinance also deals with taking proper care of your animals. Busho said she was comfortable with the presented ordinance and believed that other cities would use it as a model. The old city regulations were written in 1989, so it is time to reconsider this topic. Council Member Cisewski asked why not wait for the State to deal with the animal ordinance like they did with phosphorous and possibly smoking in the near future? Council Member Riley was alarmed at the number of diseases carried by exotic animals and felt the ordinance addressed personal safety. Riley said many insurance companies will not insure exotic animals; so it could be a personal liability as well. Klassen noted there are insurance companies that do cover exotic animals. 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MAY 15, 2002 Police Chief Kalstabakken noted that if we do not change the animal regulations then no exotics are allowed and staff needs to know whether to enforce the law or ignore it. There is a concern for the feeding of wild animals also and the many deer now moving into residential areas. Kalstabakken said there are residents with more horses than are legal also. He asked if this should be enforced or by complaint only? This ordinance provides for pasture management and nearness of neighbors. Brian Lueth, representing the Minnesota DNR, gave a talk on how wildlife get dependent on people and the spread of disease is increased because they gather at the feeders. Burnsville has a resolution that addresses residents who "intentionally" feed deer as illegal. This is a nation wide problem. Deer management is usually done by a managed hunt in normal hunting season. South of Birger Pond and Carrolls Woods are two areas which residents have called to express concern over the number of deer. A resource agency for this is Metro Bow Hunters Resource Base. Restrictions on feeding wildlife, which could include deer, geese and ducks, could be considered. Klassen believed it best to only restrict the feeding of deer. Cisewski suggested being more vague and use "any animal" rather than listing them out. The consensus was to direct staff to respond to complaints for now and that staff should look at how to reduce the size of the proposed animal ordinance. Mining Report City Planner Pearson presented a map of Rosemount showing where natural deposits of sand and gravel exist. Pearson presented three options for removal of the available remaining deposits: 1.) Don't change anything. Continue to remain small and use for local use only. 2.) Connect mining with pending development. Existing mining permits would have to be continued as legal - nonconforming uses. Future mining would occur as part of an extended site development phase for up to five years. 3.) Allow mining districts, bigger operations or more than one company, but work from the MUSA line out, extracting all usable gravel say out one mile, then closing that before beginning the next mile phase. This would allow development on the reclaimed land. Pearson also noted that city control could be taken away by the state if directed by the legislature. The city could set up tonnage fees. Mining does not make a good neighbor to residential developments. The moratorium on mining ends in December this year, so changes must occur prior to that. Mayor Busho recommended that mining only be allowed east of Akron Avenue and south of CR 42. After the mining is done the land would be reclaimed. The Transportation Plan has to be in place so this can be worked around. Host community fees could be requested. Staff was requested to put together a list that can be prioritized in July. Council Member Klassen left at 8:45 p.m. Minimum Building Size in the Industrial Zones City Planner Pearson explained that this was a reaction to the development in the industrial zoned area in eastern Rosemount. Many of the parcels are being underutilized with small buildings and large parking lots. This allows for a low tax base, fewer jobs, storm water runoff problems, and extra traffic. A formula could be made that would require 25% building to site with a minimum of 10% and reasonable parking. Outdoor storage, set backs and screening could I*- 2 ,r ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MAY 15, 2002 be more liberal. Staff was directed to work up a formula or phasing for a minimum building size per land area restriction. Street Lighting Plan and South Rose Park Street Lighting City Engineer Brotzler presented a lighting plan for the South Rose Park area, commercial district behind Rosemount Square along 151st Avenue and Carrousel Way. The lighting would tie the commercial district together and provide added safety for a inter - connected sidewalk. It was suggested to alternate lights every 150 feet or just place them on one side of the street. The estimated cost is $234,500. Some appraisals will be necessary to prove benefit for assessment cost. Pedestrian Facility Improvement Plan City Engineer Brotzler noted that one of the goals set by Council for 2002 is the development of a plan to connect sidewalks and trails within the City. Brotzler presented a cost estimate of $643,800. A Committee recommended which connections to do as a first priority and that larger links will follow. This will return to the June Committee of the Whole meeting. Work Plan City Administrator Burt presented the work plan which highlights each departments goals and the process being used to reach each one. Council Member Cisewski said she would like to see a page added for the library. It was noted that the format and typos needed further attention. Burt said he would return the plan at the June work session. Banners Mayor Busho asked staff to review the budget expenses used to this point for banners and the donations received. This could be brought to City Council at their next regular meeting. Updates Oppidan Construction is the builder for a fast food restaurant combination of A and W and Kentucky Fried Chicken. Oppidan was the builder for Cub Foods. There are some family restaurants considering the mall locations. The State Utility Board is moving ahead with siting a power plant, which the city doesn't have much control over. Great River Coop is one of the applicants. MUSA may change from having restrictive boundary lines to capacity restrictions. There being no further business, the meeting was adjourned at 9:49 p.m. Respectfully submitted, City Clerk Jentink, Recording Secretary The City Council's Agenda Packet is Clerk's File 2002 -17. 3