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HomeMy WebLinkAbout6.a. Minutes of December 4, 2001 Regular City CouncilROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 4, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 South Robert Trail, in the Banquet Room. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, Interim City Engineer Weiss, City Planner Pearson, Code Enforcement Official O'Brien, Police Chief Kalstabakken, Parks & Recreation Director Schultz and Finance Director May. The meeting was opened with the Pledge of Allegiance led by Police Chief Kalstabakken. Agenda Changes Additional information was provided to update the bid results for the Bonds, Series 2001D and E, items 8 a. and 8 b. Public Comment Mayor Busho explained the process for public comments. There were no comments made. Response to Public Comment Mayor Busho noted that staff had done a great job of researching the recreational vehicle (RV) parking topic presented by residents at the last meeting. Busho noted that the parking regulation is not new, however staff has been directed to enforce all code violations throughout the city. This direction was taken following a citizen survey where residents indicated there was room for improvement on code enforcement. On March 6, 2001 the RV parking ordinance was actually relaxed from 10 foot side setbacks to 5 foot setbacks in order to make more lots suitable for sideyard parking. Code Enforcement Official O'Brien explained his process of notification. O'Brien contacts the resident or business, explains with handouts what is expected, and explains the amount of time the resident has to bring the violation into compliance. Residents are often not happy about the information and often the time requirement for compliance can be negotiated. Paving surfaces can't always be done in colder months. Up to three letters are sent, each allowing ten days for compliance. After that time a citation would be issued requiring a court date. 'E Council Member Riley emYeti that the recreational vehicles should be parked on a paved surface on the side or rear yard . Riley felt the ordinance should be reviewed again at a work session The length of time accepted for parking an RV in the driveway is 24 hours. Often 24 hours is not reasonable for parking in your driveway when it is the appropriate season to use RV's. The City of Burnsville allows parking in front of the home seasonally. Staff was directed to recommend some changes at the up coming work session if there is enough time for preparation; if not, it can be handled at the January work session. >A r ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 4, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 South Robert Trail, in the Banquet Room. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, Interim City Engineer Weiss, City Planner Pearson, Code Enforcement Official O'Brien, Police Chief Kalstabakken, Parks & Recreation Director Schultz and Finance Director May. The meeting was opened with the Pledge of Allegiance led by Police Chief Kalstabakken. Agenda Changes Additional information was provided to update the bid results for the Bonds, Series 2001D and E, items 8 a. and 8 b. Public Comment Mayor Busho explained the process for public comments. There were no comments made. Response to Public Comment Mayor Busho noted that staff had done a great job of researching the recreational vehicle (RV) parking topic presented by residents at the last meeting. Busho noted that the parking regulation is not new, however staff has been directed to enforce all code violations throughout the city. This direction was taken following a citizen survey where residents indicated there was room for improvement on code enforcement. On March 6, 2001 the RV parking ordinance was actually relaxed from 10 foot side setbacks to 5 foot setbacks in order to make more lots suitable for sideyard parking. Code Enforcement Official O'Brien explained his process of notification. O'Brien contacts the resident or business, explains with handouts what is expected, and explains the amount of time the resident has to bring the violation into compliance. Residents are often not happy about the information and often the time requirement for compliance can be negotiated. Paving surfaces can't always be done in colder months. Up to three letters are sent, each allowing ten days for compliance. After that time a citation would be issued requiring a court date. Council Member Riley explained that the recreational vehicles should be parked on a paved surface on the side or rear yard and not past the front line of the house. Riley felt the ordinance should be reviewed again at a work session. The length of time accepted for parking an RV in the driveway is 24 hours. Often 24 hours is not reasonable for parking in your driveway when it is the appropriate season to use RV's. The City of Burnsville allows parking in front of the home seasonally. Staff was directed to recommend some changes at the up coming work session if there is enough time for preparation; if not, it can be handled at the January work session. A.: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 2001 Police Officer Oath of Office Police Chief Kalstabakken and Mayor Busho delivered the oath of office to Jeremiah Simonson who accepted the office of _ a Rosemount Police Officer. Simonson had been working for Rosemount as a Community Service Officer in the Police Department. Simonson attended Normandale Community College and earned his bachelors degree from Metropolitan State University. Simonson was described as enthusiastic and as having a passion for his job. City Council and city staff welcomed the new police officer. City Engineer Consulting Services City Administrator Burt reviewed the Request for Proposal process used to provide engineering consulting services for the City. Two firms were interviewed, S E H and WSB. WSB & Associates are recommended as the best fit for the city's engineering needs. Andrew Brotzler from WSB will maintain an office here daily and Interim Engineer Bret Weiss will be available when needed, as he is familiar with current projects. Brotzler will begin January 2, 2002 for the annual rate of $65,000 with special projects at a billable rate. MOTION by Edwards to approve the contract with WSB for consulting engineer services and to authorize the necessary signatures. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Consent Agenda Council Member Klassen requested item 6.c. Minutes of November 6, 2001 Regular City Council be pulled for discussion. Council Member Cisewski noted she would not be voting on item 6.b. because she was not present at that meeting. MOTION by Cisewski to approve the amended Consent Agenda removing 6.c. for discussion. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. 6.a. Minutes of November 6, 2001 Regular City Council Council Member Klassen requested that the completion timeline for the Connemara Trail Extension be clearly stated in the minutes of November 6, 2001 since several development projects are in process for that area. City Administrator Burt reviewed the completion phases. Highway 3 west to the water tower will be completed in 2002; Highway 3 east over the railroad tracks will be done in 2003 due to negotiations with the railroad company. Interim Engineer Weiss met with St. Joseph's Catholic Church and they will use a southern access to Biscayne Avenue in 2002. 2 .r. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 2001 MOTION by Klassen to approve the revised minutes of November 6, 2001 with information on the completion of Connemara Trail. Second by Cisewski. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. PUBLIC HEARING: Easement Vacation — Outlot C, Bloomfield Mayor Busho explained the hearing process. City Clerk Jentink affirmed that the posted and published affidavits were on file for the Easement Vacation for Bloomfield, Outlot C. Interim Engineer Weiss explained that the plat for Bloomfield included the dedication of drainage and utility easements for future ponding areas located in the northeast portion of the site. After the completion of grading, the ponding areas are better defined and the proposed areas will not be needed. There were no questions. MOTION by Edwards to close the public hearing for Easement Vacation — Outlot C, Bloomfield. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMENT VACATION IN OUTLOT C, BLOOMFIELD ADDITION. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. Accept Bids and Award Sale — G.O. Storm Water Revenue Refunding Bonds, Series 2001D 'Accept Bids and Award Sale - G.O. Community Center Refunding Bonds, Series 2001E Finance Director May presented the results of the bid openings handled by Springsted Financial Advisors on December 4, 2001 at 12:00 p.m. United Bankers' Bank was the low bidder on both issues, which will allow the city to save approximately $32,000 on Bond D and $40,000 on Bond E. Mayor Busho thanked staff for helping the city experience this amount of savings. MOTION by Edwards to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $805,000 GENERAL OBLIGATION STORM WATER REVENUE REFUNDING BONDS, SERIES 2001D AND PROVIDING FOR THEIR ISSUANCE. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $725,000 GENERAL OBLIGATON COMMUNITY CENTER REFUNDING BONDS, SERIES 2001E, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Minea Concept Residential Planned Unit Development City Planner Pearson reviewed the single- family residential development on property that is north of the east half of the Centex Bloomfield development, across the railroad tracks and along the south side of 135` Street West. The property is one -half mile east of Biscayne Avenue and on the outer edge of the current Metropolitan Urban Service Area (MUSA). It is one - quarter mile 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 2001 east of the St. Joseph's Catholic Church site. The street alignment is inconsistent with the planning studies done for Connemara Trail and Parks and Recreation policies. The developer is proposing a below grade rail crossing and did not wish to change the street alignment. Engineering consultants have suggested an above grade rail crossing. Council Member Klassen pointed out that Connemara Trail is not in the current feasibility report. Yet other developments have already been designed around the proposed alignment. The railroad crossing is at city expense. Craig Minea, the applicant and property owner, complained about the alignment of Connemara Trail which causes much of the land parcel to become unusable with the existing pipe line easement. Also the ponding area requested by the City is not necessary. Minea lived on this property from 1970 to 1984 and recalls that the land was all farmed then without any ponding occurring. Minea stated that if the new developments are causing more storm water run -off, the city should pay for easements for it. Minea noted that the overpass proposed is five stories high and stated that it would look out of place in this area. Minea also stated that he is willing to negotiate with staff. John Uban, Minea's consultant, said we need to work together to find a solution pleasing to both parties. City Council consensus was that more negotiations would improve the future plans. City staff is governed by set policies and regulations, but the Planned Unit Development does allow for some flexibility. Mayor Busho noted that this development is somewhat premature because the infrastructure is not in place,.so there are more considerations involved. Minea was encouraged to work with staff. City Administrator Burt requested that the next meeting be delayed until the city receives the east -side transportation study and the public safety study (regarding another fire station). MOTION by Klassen to adopt A RESOLUTION DENYING THE CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT BASED UPON FINDINGS OF FACT. Second by Edwards. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Mining Moratorium Extension City Planner Pearson reviewed the initial mining moratorium adopted June 20, 2000 and effective until December 20, 2001 unless amended. Staff recommends extending the moratorium to its maximum length, December 20, 2002. The planning process to implement the Mixed Use Industrial District will be heavily influenced by the TH 52/55 CSAH 42 transportation system study, which is expected to be prepared in July 2002. MOTION by Klassen to adopt an Ordinance extending the moratorium on new mineral extraction operations in the City of Rosemount to December 20, 2002. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. 4 r ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 2001 Bloomfield 4th Addition Minor Planned Unit Development Amendment City Planner Pearson explained the request to allow porches in the. front yard setback. These porches will not be able to be finished into enclosed three season porches. Council requested that additional wordage be added to clearly set this as a policy. City Attorney LeFevere agreed to help strengthen the conditions to restrict three- season porches. MOTION by Edwards to adopt A RESOLUTION APPROVING A MINOR PUD AMENDMENT FOR BLOOMFIELD 4" ADDITION. Second by Riley. Ayes: Xlassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. Conveyance of Tax Forfeited Land Interim Engineer Weiss reported on land that has been forfeited due to non - payment of property taxes. It is located in the northwest quadrant of Dodd Boulevard and Shannon Parkway. It is a 9- foot wide strip that is 81 feet long adjacent to Shannon Parkway right -of -way. This property would assist the City in maintaining sight lines at this intersection. The filing fee is under ten dollars. MOTION by Cisewski to adopt A RESOLUTION ACQUIRING TAX FORFEITURE PROPERTY FROM DAKOTA COUNTY. Second by Klassen. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Trust Fund Appointment Mayor Busho reviewed the history of the Trust Fund with SKB Environmental. The Fund was established November 19, 1992, when USPCI, Inc. owned the business. Mayor E.B. McMenomy appointed three trustees to administer funds: Steve Toombs, Jack Warweg, and Cathy Busho. Two USPCI, Inc. representatives also were appointed. Over the nine years of its existence, the name of the Trust has changed several times. Mayor Busho's term is expiring and she recommended Parks & Recreation Director Schultz be appointed as a trustee. Council Member Klassen questioned if there could be a conflict of interest because some funding often goes to park programs. Council Member Riley was unfamiliar with City Council's involvement with the SKB Environmental Inc.Trust Fund and requested an overview at a work session. Staff was requested to invite the City Attorney and Don Chapdelain from SKB to attend the work session. No action was taken on the appointment. Announcements The City Hall was not ready to be occupied on Friday, November 30 so the move back into City Hall has been postponed to December 10. The new City Council Chambers will be "cable ready" for recording of City Council meetings in January. Training will be available to staff and City Council Members. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 2001 The Downtown Plan will be considered at an open meeting at the Community Center on December 6 from 7:00 p.m. to 9 p.m. The December Utility Commission meeting was cancelled. The Parks and Recreation meeting was moved from December 24 to December 17 at 7:00 p.m. Mayor Busho adjourned the meeting at 9:10 p.m Respectfully submitted, Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2001 -40. 2