HomeMy WebLinkAbout6.a. Minutes of June 18, 2001 Regular City Councilw
• �$ , ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 18, 2001
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly
held on Tuesday, June 18, 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 Karen Cole, Community
Development Director Parsons, City Planner Pearson, Planning Intern Aaron Jones, Police Chief
Kalstabakken, Parks & Recreation Director Schultz, Interim City Engineer Weiss, and Finance
Director May.
The meeting was opened with the Pledge of Allegiance. Additional information was presented to
Council for revisions to the minutes of June 5 2001. Staff requested that Item 7.c. Evermoor Final
Plat 8 Addition be pulled from consideration tonight due to incomplete information. Mayor Busho
requested that Consent Agenda Items 6.i. and 6.j. be discussed with the other Evermoor
Development items under Old Business. Council Member Klassen asked to remove 8.b. Rosewood
Mixed Use Concept PUD for Progress Land Company to a work session. Mayor Busho thought it
was necessary that 8.b. be discussed, rather than removed, so it remained on the agenda.
There were no public comments or response to public comments.
Presentation and Acceptance of 2000 Comprehensive Annual Financial Report (CAFR)
Finance Director May presented the Comprehensive Annual Financial Report for the year ending
December 31, 2000. May introduced Daryl DeKam from Virchow, Krause & Company who began
the audit in November and December and completed the research in March, 2001. This final audit
report shows that Rosemount has met all compliance reports and has obtained the highest rating
available for their accounting methods. Staff is preparing to convert financial reports in 2003
because of the GASB 34 legislation requiring reporting of city infrastructure value among other
things.
MOTION by Klassen to adopt A RESOLUTION ACCEPTING THE 2000 COMPREHENSIVE
ANNUAL FINANCIAL REPORT. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Riley,
Edwards. Nays: None. Motion carried.
Consent Agenda
Mayor Busho pulled Items 6.i. and 6.j. from the Consent Agenda for discussion under Old Business.
Item 6. g. DNR Grant Application for Keegan Lake was pulled for discussion by Council Member
Klassen.
MOTION by Edwards to approve the Consent Agenda without items 6.g. DNR Grant Application
for Keegan Lake, 6.i. Approve Subdivision Agreement for Evermoor 6 and 7th Addition and Item
6.j. Order Plans & Spec.'s for Evermoor 6 and 7 Addition Street & Utility Improvements, City
Project 336. The Minutes of the June 5, 2001 were revised. Second by Riley. Ayes: Cisewski,
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Busho, Riley, Edwards, Klassen. Nays: None. Motion carried.
a. Minutes of June 5, 2001 Regular City Council Meeting
b. Bills Listing
C. Donation Account Expenditure for Police Equipment Fund and DARE Account
d. Temporary Liquor License for American Legion, Leprechaun Days
e. Gambling Premises Permit Renewal for Rosemount American Legion
f. 3.2% Malt Liquor License Renewals for 2001 -2002
g. DNR Grant Application for Keegan Lake Pulled for discussion
h. Approval of Supplemental Agreement #1, Phase 1 Trunk Highway 3, Street Construction,
City Project 314
i. Approve Subdivision Agreement — Evermoor 6 th & 7th Addition Pulled for discussion
j. Order Plans & Spec.'s for Evermoor 6 th and 7 Addition Street & Utility Improvements, City
Project 336 Pulled for discussion
k. Receive Plans & Spec.'s/ Authorizing Quotes for Shannon Pond Excavation City Project
#331
1. LELS Labor Agreement for 2002, 2003
M. Hiring of Code Enforcement Official
n. Appointment of Police Officer
o, Ped/Ames Construction Mineral Extraction Permit Renewal
P. Furlong / Ames Construction Mineral Extraction Permit Renewal
6.g. DNR Grant Application for Keegan Lake
Council Member Klassen noted that discussion was held at the Work Session on June 13, 2001,
regarding the DNR grant which would require matching funds from the City. It is unclear at this
time if Brockway Golf Club will be a willing partner. Staff was contacted a few years ago by
Brockway regarding irrigation from ground water. The City suggested the use of surface water from
Keegan Lake which would supply some relief to neighbors from the high water levels.
Council Member Edwards suggested some changes to the language in the resolution which Council
and staff agreed to.
MOTION by Klassen to adopt A_RESOLUTION AUTHORIZING FLOOD DAMAGE
REDUCTION GRANT ASSISTANCE APLICATION FOR KEEGAN LAKE AREA
incorporating the word changes. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen. Cisewski.
Nays: None. Motion carried.
Evermoor 6 th and 7 th Addition Final Plat and Subdivision Agreements
City Planner Pearson presented the Final Plats for Evermoor 6 th and 7 Additions. Planning
Commission reviewed the final plats and recommended approval. No variances have been identified,
in fact most of the lots exceed several of the standards, such as the lot depth.
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Interim City Engineer Weiss noted that the subdivision agreements are now the standard model used
requiring payment for infrastructure prior to development. Evermoor 7 Addition does discharge into
the Marcotte Pond but at present it is sandbagged to prevent that. Evermoor 6` Addition drains away
from the Marcotte Pond.
Council Member Klassen noted that she had stated that she would not approve any development at
Evermoor until the AUAR compliance is met and erosion concerns are mitigated. The City held a
joint meeting with environmental agencies on May 16, which then referred the developers of
Evermoor to a MPCA Board Forum for action on the violations. A stipulation agreement, with a
minimum fine of $7,500 is being negotiated. Mike Martindale from the MPCA has inspected the
Evermoor site and said that they have gone above and beyond the requirements for erosion control.
An inspection report was submitted showing all areas have been corrected and Martindale said they
would be using Evermoor for educating other developers on the right way to install erosion control
measures. Klassen asked about the endangered Blanding turtles noted in the AUAR. City
Administrator Burt said that hand outs had gone to all contractors on the job stating they must check
for Blanding turtles before they back fill and that their habitat must be restored following
development. Klassen asked about sediment removal from the Marcotte Pond. Burt said the DNR
will help identify the amount that needs to be removed. Weiss said permits with the DNR will be
applied for when the lift station is to be installed. Klassen thanked staff for working with the
environmental agencies and correcting erosion problems. Klassen was now willing to support action
for the development of Evermoor.
MOTION by Cisewski to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR
EVERMOOR 6 TH ADDITION. Second by Edwards. Ayes: Riley, Edwards, Klassen, Cisewski,
Busho. Nays: None. Motion carried.
MOTION by Cisewski to adopt A RESOLUITON APPROVING THE FINAL PLAT FOR
EVERMOOR 7' ADDITION. Second by Edwards. Ayes: Edwards, Klassen, Cisewski, Busho,
Riley. Nays: None. Motion carried.
MOTION by Busho to enter into a Subdivision Agreement with Contractor Property Developers "
Company for the Evermoor 6 th Addition and authorize the necessary signatures. Second by Edwards.
Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried.
MOTION by Busho to enter into a Subdivision Agreement with Contractor Property Developers
Company for the Evermoor 7`" Addition and authorize the necessary signatures. Second by
Edwards. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried.
MOTION by Cisewski to adopt A RESOLUTION ORDERING PREPARATION OF PLANS
AND SPECIFICATIONS FOR EVERMOOR 6th AND 7 TH ADDITION STREET AND
UTILITY IMPROVEMENTS, CITY PROJECT 336. Second by Riley. Ayes: Busho, Riley,
Edwards, Klassen, Cisewski. Nays: None. Motion carried.
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Bloomfield Addition Preliminary Plat and Rezoning, Phase 2
City Planner Pearson presented the Preliminary Plat for Bloomfield, applied for by Steve Ach of
Centex Homes. The development includes 76 carriage homes and 244 single family homes. Ten
variances have been eliminated leaving only two variances for corner lots; which are 95' wide rather
than 120'. The street width for one collector street within the development, Auburn Path, is
requested to be 70` wide with easements having 41' of pavement rather than the normal 36' width.
The boulevard easement would be 6 t /2 feet wide rather than 8 feet wide. Weiss noted that 74' wide
streets would be better, but all though this street is slightly smaller the City gains by having better
lot sizes. The main street, Bloomfield Path remains 80' wide. These two streets, Auburn and
Bloomfield, will have the only access to County Road 42. Weiss noted that there is no parking on
these streets and that three painted lanes would be possible if needed in the future. Cisewski noted-
that these streets will lead to the over -grade railroad crossing which some residents may choose to
use to go around the train when the 145 Street West railroad crossing arms are down. Edwards
noted he was not in favor of the narrow street width.
A memo from Bret Weiss, Interim City Engineer, dated May 31, 2001, listed concerns about the
Bloomfield Development. Storm sewer rear yard catch basins are still shown on the p but with
revision to the housing style these could be eliminated. The final plat will show revisions to many
of these concerns. Mayor Busho recalled Carrollton 2 Addition which had rear yard catch basins
which had to be corrected by the City. This should not be repeated. Centex wished to have holding
ponds with standing water, but staff wishes to have dry ponds that allow storm water to seep into the
ground water. Compromises will be worked out. Revisions to the resolution's item 2. would read
in part, "eliminate 10 lot dimension variances and allow lots 13 and 20, Block 3 variances," and add
item 11. Street C and the north side of Street B in Blocks 12 and 13, the carriage home area.
MOTION by Riley to adopt A RESOLUTION APPROVING THE BLOOMFIELD ADDITION
PRELIMINMARY PLAT for Centex Homes incorporating changes from the discussion this
evening. Second by Busho. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion
carried.
MOTION by Cisewski to adopt AN ORDINANCE REZONING BLOCKS 12 & 13 (Carriage
Homes) to R -2, Moderate Density Residential. Second by Riley. Ayes: Edwards, Klassen,
Cisewski, Busho, Riley. Nays: None. Motion carried.
Receive Bids /Award Contract for 2001 Street & Utility Reconstruction Improvements, City
Project 326
Interim City Engineer Weiss received the bids for City Project: 326. The bids were slightly higher
than the estimate which seems to be due to the wet weather conditions and the high number of
construction projects. Arcon Construction, Inc. was the low bidder in the amount of $1,177,255,
about $30,000 over the estimate. Weiss noted that the work is needed and recommended moving
ahead with the project.
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MOTION by Edwards to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE
CONTRACT FOR 2001 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS,
CITY PROJECT 326. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays:
None. Motion carried.
Lot Combination 12050 Barcardi Avenue, Joe Altendorfer
City Planner Pearson presented this as a "housekeeping" item that solves an access problem for Joe
Altendorfer. Altendorfer owns 13.4 acres east of Bacardi Avenue. When Bacardi Avenue was
constructed there was a sliver of land that was owned by Earl Bester which abutted Altendorfer's
land causing no access on the west side of Altendorfer's property. By combining this sliver of land
a non - conforming access issue will be averted.
MOTION by Klassen to adopt A RESOLUTION APPROVING THE COMBINATION OF
LAND REQUESTED BY JOSEPH ALTENDORFER and Earl Bester. Second by Edwards.
Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried.
Rosewood Mixed Use Concept PUD; Progress Land Company
Council Member Edwards made a point of inquiry since Klassen had requested this be brought to
a work session due to information she received at a Planning Commission meeting. Klassen
indicated this would involve policy review. Mayor Busho suggested tabling the action. City Planner
Pearson reminded Council about the 60 day rule and that an extension would be necessary in July.
MOTION by Klassen to table the Rosew000d Mixed Use Concept PUD for Progress Land
Company. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski. Nays: Busho, Riley. Motion
carried.
Conditional Use Permit: Darrin Johnson and Lesley Johnson
Planning Intern Aaron Jones presented an application for a Conditional Use Permit for a paintball —
business by Darrin Johnson and Lesley Johnson. The parcel is 28 acres which is zoned Agricultural
east of C.F. Industry on Pine Bend Trail. A public hearing was held at the Planning Commission
where two neighbors who spoke against this use because of the noise that would disturb their horse
training and breeding businesses.
Darrin Johnson gave an overview of the expected use of the land. The paintball games would be by
reservation only for 10 to 18 people. They would be on the land for about 3 hours. Johnson noted
that only a small area would be used and that 300 feet around the border would be roped off as a
buffer area. The guns would be air powered with a noise like a pop rather than like a shot. No air
horns would be used. No buildings would be needed as all supplies are trucked in with each
reservation.
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Pearson confirmed that because this is a non - conforming use a 4 /5ths vote would be needed for
approval. If this is not reached then findings of fact for denial should be prepared. City Attorney Cole
noted that a property owner has the right to make some use of his property. The findings should
indicate reasonable basis for the decision, why use amounts to a nuisance, or if it is incompatible
with the surrounding area.
MOTION by Klassen to direct staff to prepare findings of facts for denial of the Conditional Use
Permit for Darrin Johnson and Lesley Johnson. Second by Cisewski. Ayes: Riley, Edwards, Klassen,
Cisewski, Busho. Nays: None. Motion carried.
Announcements
The July 3 rd Port Authority meeting will be cancelled per the Port Authority Chair Edwards. The
Utility Commission will be going on a tour of Rosemount after a brief meeting beginning at 6:00
p.m. on July 9 The Committee of the Whole worksessions will be held in the bandroom at the
Community Center, Room 221. Then next Committee of the Whole meeting is July 1 ltn
Mayor Busho adjourned the meeting at 9:41 p.m.
Respectfully submitted,
Linda Jentink, City Clerk
The City Council Agenda Packet is Clerk's File 2001 -23.
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