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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, 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18 2001 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. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2001 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. 3 J ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2001 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. 4 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2001 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. 5 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2001 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. 3