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Home My WebLink About6.a. Minutes of the June 6, 2017, Regular Meeting ProceedingsROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 6, 2017 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, June 6, 2017, at 7:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Nelson, and Freske attending. Council member Weisensel was absent. Staff present included the following; o City Administrator Martin o City Clerk Hadler o Interim Director of Public Works/City Engineer Morast o Chief of Police Scott o Community Development Director Lindquist o Finance Director May o Parks & Recreation Director Schultz The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Martin stated there were no proposed changes to the agenda. Motion by DeBettignies. Second by Freske. Motion to Adopt the Agenda. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. PRESENTATIONS, PROCLAMATIONS, & ACKNOWLEDGMENTS 3.a. Recognition - Former Planning Commission Commissioner Brandon Henrie Mayor Droste recognized Brandon Henrie for his service on the Planning Commission. Mr. Henrie’s wife, Allie, was in attendance to accept his certificate. 3.b. Recognition - Former Planning Commission Commissioner Ryan Forster Mayor Droste recognized Ryan Forster for his service on the Planning Commission. 3.c. Presentation and Acceptance of 2016 Comprehensive Annual Financial Report Finance Director May introduced Aaron Nielsen to present the 2016 Comprehensive Annual Financial Report (CAFR). Mr. Nielsen addressed a number of findings in his report. They found a limited number of deficiencies, including; lack of separation of duties in finance, one untimely payment of invoices, Revenues were over budgeted projections by about 2.1%. Mayor Droste inquired about comparisons with other cities. Mr. Nielsen noted comparisons to the statewide average. The City is below the statewide average on both revenues and expenditures. 6.a. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 6, 2017 Motion by DeBettignies. Second by Nelson. Motion to Adopt a Resolution Accepting the 2016 Comprehensive Annual Financial Report. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. PUBLIC COMMENT Mike Drysdale, of Dorsey & Whitney, stated he has a comment regarding a New Business item. Mayor Droste stated he will make time for him to speak during that item. CONSENT AGENDA Motion by DeBettignies. Second by Nelson. Motion to Approve the Consent Agenda with the removal of item 6.d. a. Minutes of the May 16, 2017, Regular Meeting Proceedings b. Bills Listing c. 3.2% Liquor License Renewal d. Receive Donations - Parks & Recreation Dept. e. Expenditure Approval from the Donation Account - Parks & Recreation Dept. f. Receive Bids Award Contract - Community Center and Cameo Avenue Parking Improvements Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. 6.d. Receive Donations - Parks & Recreation Dept. Council member DeBettignies noted a number of donations by Scott Chiropractic. Motion by DeBettignies. Second by Freske. Motion to approve receiving the following donations: $250 from Scott Chiropractic for the Leprechaun Days Run for the Gold and $500 for the Veterans’ Memorial donation account. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. PUBLIC HEARINGS 7.a. Hunting Map Amendment Community Development Director Lindquist reviewed the need for the Hunting map amendment. Ms. Lindquist stated the amendment adds some land near the business park, modifies areas in the northern portion of the city, and remove the narrative descriptions in lieu of a map reference only. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 6, 2017 Council member Freske inquired how the decision is made to allow guns or bow hunting in an area. Chief of Police Scott stated that he takes into account the distance to roads and residences and businesses. The map is reviewed on an annual basis. Mayor Droste asked how the public will find about the changes. Chief Scott noted the public hearing and publication, and maps in the PD lobby, the PD “In the Line of Duty” video, and phone calls received by the PD. Council member Nelson inquired about the use of rifles or slugs. Rifles are only allowed in the eastern portion of the city, which is non-restricted with regard to the hunting ordinance. Slugs are allowed in some areas in the western portion, and the Chief took this into account when recommending the hunting area designations. Mayor Droste opened the public hearing at 7:39. Motion by Droste. Second by Nelson. Motion to Close the Public Hearing. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. Motion by Freske. Second by DeBettignies. Motion to Approve Hunting Ordinance Amendment. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. Motion by Freske. Second by DeBettignies. Motion to adopt a Resolution authorizing publication of a summary of Ordinance No. 2017-04 amending City Code Chapter 5, 7-5-2 & 7-5-7 relating to Hunting in the City. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. 7.b. Official Map Amendment Community Development Director Lindquist reviewed the need for the Official Map amendment. The change will allow an additional eight acres in the northeast quadrant of the 42/52 interchange to be developed. It also allows the city to deny permit applications for development in the area denoted for future use for the fully-built 42/52 interchange. Council member DeBettignies inquired about County proceedings for the right-of-way. Ms. Lindquist stated the initial request was for the entire parcel. The owner had appealed so the County took only the area along County Road 42 needed for the interim buildout of the interchange. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 6, 2017 Mayor Droste opened the public hearing at 7:47 pm. Motion by Droste. Second by Nelson. Motion to Close the Public Hearing. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. Motion by Nelson. Second by DeBettignies. Motion to approve Ordinance B-262 adopting the Official Map titled Dakota County Right of Way Map No. 340. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. Motion by Nelson. Second by DeBettignies. Motion to approve a Resolution authorizing Summary Publication of Ordinance No. B-262 adopting the Official Map titled Dakota County Right of Way Map No. 340. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. 7.c. Request to Vacate a Portion of the Drainage and Utility Easement over Lot 2 Block 1, Oak Ridge Estates Community Development Director Lindquist reviewed the item. The drainage and utility easement vacation is to facilitate a variance that was granted to a homeowner for a porch. Mayor Droste opened the public hearing at 7:53 pm. Motion by Droste. Second by DeBettignies. Motion to Close the Public Hearing. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. Motion by Nelson. Second by Freske. Motion to Adopt a Resolution Approving the Vacation of a Portion of the Drainage and Utility Easement over Lot 2 Block 1, Oak Ridge Estates. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 6, 2017 Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. OLD BUSINESS NEW BUSINESS 9.a. Request by ALDI, Inc. for a Minor Amendment to the Rosemount Crossing Planned Unit Development Agreement to construct a 1,998 square foot addition Community Development Director Lindquist reviewed the item. The ALDI grocery store is planning a 2000 square foot expansion to the north side of their building. Council member Nelson stated concerns about access to the property. Ms. Lindquist noted that with the state highway on one side and county arterial on the south, the options for access were very limited. Future downtown development plans allow for access to the rear of the property in conjunction with redevelopment. Chief Scott agreed that the area is congested, and there have been a few minor accidents, but the number and severity have not caused him concern. Motion by DeBettignies. Second by Freske. Motion to Adopt a Resolution Approving a Minor Amendment to the Rosemount Crossing Planned Unit Development Agreement to construct a 1,998 square foot addition to the ALDI building. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. Motion by DeBettignies. Second by Nelson. Motion to Approve the Amended Rosemount Crossing Planned Unit Development Agreement and Authorize the Mayor and City Clerk to enter into the Agreement. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. 9.b. Declaration of the Need to Complete a Mandatory EAW Associated with the SKB Metals Recycling Planned Unit Development Community Development Director Lindquist reviewed the item. The initial application was submitted in April. Information came to light that would trigger a mandatory EAW. Mayor Droste inquired about the EQB (Environmental Quality Board). City Attorney Tietjen provided a summary of the roles between the EQB and the city as the ERJ (?). Ms. Tietjen stated the EQB found that the project met the threshold for the mandatory EAW. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 6, 2017 Mayor Droste invited the applicant to speak. Mr. Mike Drysdale, of Dorsey & Whitney, stated that they agree that the Council will need to take formal action, though they ask that the item be postponed to a later meeting. The applicant feels there are a number of questions that need to be answered. The reason for delaying is because the applicant has 30 days to file suit to appeal the decision, so they ask that Council postpone their declaration of the mandatory EAW so as to postpone the start of that 30 day “clock”. Mayor Droste asked Ms. Lindquist to review the earlier approvals of the project. The initial approval from last year was a Concept Plan. She stated there is a difference in opinion as to what had taken place a year ago and the need for the EAW. Mayor Droste inquired of City Attorney Tietjen about postponing the decision. Ms. Tietjen stated it is a possibility, but her impression is that staff does not expect the applicant to change their plans such that they would no longer require the EAW. Council member Nelson asked the applicant to address what might happen in the two weeks. Mr. Drysdale stated that they would be more likely to avoid court if the parties could come to an agreement on the site plan. Council member DeBettignies inquired of SKB why they want to delay after pushing for forward movement for so long. John Domke, of SKB, reiterated Mr. Drysdale’s reasons for postponing. Ms. Lindquist stated she does not believe that the plans will change, and that the EAW will be necessary. Council member Freske stated she does not see a difference in waiting two weeks. Council member Nelson also stated he could wait the two weeks. Motion by Nelson. Second by Freske. Motion to table the item until the June 20, 2017, City Council meeting. Ayes: DeBettignies, Nelson, Droste, Freske Nays: 0. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed the calendar of events. The next City Council work session will be held Monday, June 12, 2017. The next City Council meeting will be held Tuesday, June 20, 2017. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by DeBettignies, the meeting was adjourned at 8:40 p.m. Respectfully Submitted, Clarissa Hadler, City Clerk