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HomeMy WebLinkAbout32517 - MAY 1993 - JANUARY 1994Pursuant to due call and City Council of the City May 4, 1993 at 8:00 p.m. Council Chambers. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 1993 notice thereof a Regular Meeting of the of Rosemount was duly held on Tuesday, at the Rosemount City Hall in the Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats and Klassen present. Staff present were: Bechtold, Freese, Jilk, Osmundson and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy welcomed the audience and led the group in the Pledge of Allegiance. Changes to the agenda included pulling from the Agenda 4.d. Set Public Hearing for USPCI Coal Ash Zoning Text Amendment Petition as requested by the petitioner; adding 3.c. Refund of Workers Compensation Insurance Premium; 8.b. Recognize the Public Employees Week; and 8.c. Thanks To All Involved With Fire Station Referendum. Ed Dunn, Chairperson for the Port Authority presented a summary of activities in his Annual Report to the City Council. Dunn noted that the first year has been a learning experience and the Port Authority's members appreciate the cooperation shown by city staff. John Miller, Economic Development Coordinator, has been very effective. The Budget is in good shape although some expenses have been higher than expected for legal services and property acquisition. Dunn reviewed several specific projects. Consideration is being given to a Senior Housing project, a Business Park, and a motel. Councilmember Willcox requested a copy of the April 1 Tax Increment Certification to the State of Minnesota for the Port Authority. Staff will provide this to Council. Councilmember Klassen represented S.O.A.R. in Kevin Carroll's absence. Mr. Carroll wrote a memo which Klassen presented to Council, outlining a resolution which indicated a three to five miles airport development area. This could restrict implementing zoning, building and subdivision regulations for a significant portion of Rosemount. The Airport Development Act, now in the legislature, would require the City of Rosemount to go to Metropolitan Council for every permit, etc. in this restricted area. Final site location selection will be on January 17, 1994 and 120 days after this, May 17, 1994 the Metropolitan Council must adopt criteria and guidelines for the regulation of use and development of the "airport development area." Craig Morris is Rosemount's contact person for Metropolitan Council. Dakota County has a resolution maintaining that the conditions of this "airport development area" should not occur until after the Minnesota Legislature decides as part of the Dual Track Airport Planning Process whether to rebuild MSP Airport or relocate to a new major replacement airport. Council directed city staff to prepare a similar resolution for the City of Rosemount. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 1993 City Administrator Steve Jilk reviewed the City's Worker's Compensation Insurance program and commended all city employees for their safety and work habits. Because very few claims were made a refund in the amount of $43,004 was made for 1991 1992 claim year. MOTION by McMenomy to approve the Consent Agenda as amended with the minutes of April 20, 1993 changed as noted. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Planning Director Lisa Freese reviewed Metropolitan Council's response to Rosemount's Comprehensive Plan. Metropolitan Council is requesting an additional 90 day extension to review the Comprehensive Plan, "Update 2000 because of the MUSA expansion and the effect it may have on Rosemount. MOTION by McMenomy to request that the Metropolitan Council extend the review of the Comprehensive Plan until September 22, 1993 or before, to allow the Metropolitan Waste Control Commission to complete a review of the Rosemount Waste Water Treatment Plant interim improvements. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to set a special City Council meeting for May 11, 1993 at 7:00 p.m. to discuss the status of the Metropolitan Council's review of Update 2000. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. City Engineer /Assistant Public Works Director Bud Osmundson reviewed the need for the storm water holding pond project known as Valley Oak Pond Outlet, Project 197. This was originally scheduled to be constructed in 1990 but has been delayed because of difficulties obtaining easements for Pond Number 4. The project is now scheduled to proceed in two phases with Pond 1 done and Pond 2 and 3 in progress; and Pond 4 in the near future. Proceeding with Phase I now allows the City to preserve the commitment for monetary contribution from Ducks Unlimited and run -off storage which is critically needed in the area. A residents informational meeting will be held May 12th at 6:30 p.m. Council concurred with the procedure. City Engineer Osmundson reviewed the negotiations with Minnesota Department of Transportation for Highway 3 Improvement Project 239. Additional lanes of traffic would be added due to no parking in the business area. The no parking would be on the east side of Highway 3 between County Road 42 and Connemara Trail and on the west side of Highway 3 between County Road 42 and the entrance of the south parking lot of St. Joseph's Catholic Church and from 143rd Street to Connemara Trail. There will be a one year trial of this new parking policy and then it will be re- evaluated. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 1993 MOTION by Willcox to adopt A RESOLUTION RECEIVING PLANS AND SPECIFICATIONS, HIGHWAY 3 IMPROVEMENTS, CITY PROJECT 239. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to adopt A RESOLUTION DIRECTING PLACEMENT OF NO PARKING SIGNS ALONG STATE TRUNK HIGHWAY 3 BETWEEN CSAH 42 AND CONNEMARA TRAIL. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Osmundson advised that Minnesota Department of Transportation (MnDOT)conducted a speed study on Shannon Parkway between Connemara Trail and McAndrews Road (Cty Rd 38). MnDot has determined that the speed should be 35 mph between Connemara Trail and 133rd Court West and 40 mph north to McAndrews Road. Klassen noted that enforcement will be necessary and Osmundson said that the Police Department had issued several tickets recently and will continue to watch this area. MOTION by Klassen to adopt A RESOLUTION ESTABLISHING SPEED LIMITS ALONG SHANNON PARKWAY FROM CONNEMARA TRAIL NORTH TO MC ANDREWS ROAD (COUNTY ROAD 38). Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. City Administrator Jilk commented on the Selection Committee and process used for selecting a Community Center Manager. There were 119 applications received, 16 finalists reviewed, and 5 selected for interviews. The candidate selected is James Topitzhofer. He currently manages the community center for the City of Shoreview which is a 112,000 square foot facility which opened in 1992. Topitzhofer brings experience, education and successful work references. The Committee recommends hiring James Topitzhofer. Discussion ensued in regard to the 1993 wage scale increase or cost of living increase for the Community Center Manager position. Discussion was held that the additional estimated $410 may not be necessary to add to this beginning position's salary. Steve Hawkins, a member of Rosemount Area Hockey Association, voiced his concern that Mr. Topitzhofer did not have the ice arena experience required. Another finalist that the Selection Committee considered, Mr. Doig had considerable experience with ice maintenance and scheduling ice time. Hawkins requested Mr. Doig also be considered by Council for hiring as the Community Center Manager. MOTION by Wippermann to approve the hiring of James Topitzhofer as the Community Center Manager at the starting salary of $41,448 plus other benefits available to department heads contingent upon his passing a pre employment physical and that the annual adjustment for 1993 will not be automatic. Second by Klassen. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: Willcox. Administrator Jilk noted that the Chamber of Commerce brought the issue of "One Stop Shopping" for business needs at City Hall. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 1993 Jilk supported having John Miller, Economic Development Coordinator, extend his position to include Business Relations Coordinator. Representatives of the Port Authority, McMenomy and Wippermann, would not support this noting that it would require too much time which is needed to cover Port Authority issues. Willcox noted that customer services for all residents need to be addressed not just for city businesses. Staats said this problem seemed to be leading to hiring more city staff and requested that the Chambers and city staff tone down this issue and run with what we have for now. Consensus was to have further discussion. A Special Election was held today in Rosemount asking residents to authorize issuance of General Obligation Bonds in the principal amount not to exceed $3,400,000 to provide for the acquisition and construction of a new Fire Station and the purchase of a new aerial platform fire truck. The results of the canvass of this Special Election was 269 yes votes and 1008 no votes. The referendum failed with a 22% turnout of registered voters. MOTION by Willcox to adopt A RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION HELD ON MAY 4, 1993 AS THEY APPEAR ON THE OFFICIAL SUMMARY STATEMENT SUBMITTED BY THE ELECTION JUDGES TO THE CITY CLERK. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Mayor McMenomy to move to the Closed Session regarding the McDonough /Sunrise Builders litigation. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Mayor McMenomy resumed the regular meeting at 10:15 p.m. Director Freese was notified by Dakota County that a name change for Bacardi Avenue was being considered because of the continual theft of this street sign. It is required to start with a "B" so the name suggested is Bald Eagle Avenue. The Apple Valley High School mascot is the "Eagle" and therefor staff feels this name may also be prone to theft. The Planning Commission suggested a spelling change to Bakardy Avenue. A letter would be sent to Dakota County and will then be considered at the May 25, 1993 Dakota County Board Physical Development Committee. MOTION by Klassen to direct staff to prepare a letter supporting the Planning Commission response regarding the Bacardi Avenue name change proposal. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. David Bechtold, Parks and Recreation Director, reported that Dakota Electric was working with Parks Department staff to design a plan, make a construction time table and a installation cost estimate for lighting in Jaycee Park. The lighting will have directional lighting for less exposure for neighboring residents. MOTION by Wippermann to accept the concept plan for trail and parking lot lighting in Jaycee Park and to authorize Dakota Electric to complete the installation of the lighting at a cost not to exceed $18,105.00 with funds to come from account 202- 24435. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. City Attorney Mike Miles reviewed the first draft of the Code of Ethics. Council requested more definite terms for determining dollar amount value for contributions and requested it include both elected and appointed officials or commissioners and city employees. Attorney Miles will revise the Code for the next City Council meeting. Mayor McMenomy made a proclamation for the National Public Works Week, May 16 22, 1993. The Public Works Department, which includes Parks and Recreation staff, Building Inspectors, engineering staff and two secretaries can be commended for their fine work and service they provide for the City. MOTION by McMenomy to proclaim the week of May 16 22, 1993 as National Public Works Week. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Councilmember Klassen recognized Public Employee Week. Klassen noted that all city employees have done well and thanked them for their contributions. MOTION by Klassen recognize that this is Public Employees Week and thank city employees. Second by McMenomy. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Klassen to thank the Fire Department, Citizens' Committee, and city staff for the work done for the referendum requesting a new fire station and aerial fire truck. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. The meeting was adjourned at 10:55 p.m. ATTEST: Stephan bilk, C Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 1993 Respectfully submitted, Linda Jentin Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -17. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, May 18, 1993 at 8:00 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Staats and Klassen present. Councilmember Wippermann was out of town. Staff present were: Bechtold, Freese, Jilk, Osmundson and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy welcomed the audience and led the group in the Pledge of Allegiance. Changes to the agenda included pulling from the Consent Agenda Item 8.o. Approve Port Authority By -Laws and moving it to New Business 10. e.; adding to Old Business 9. f. Update on Leroy Mullikin Lot Split, 9.g. Update on Labor Relations, 9.h. Valley Oak Project Approve Plans and Specs and Authorize Bids, City Project 197 and New Business 10. d. Peter Heirferth Rosemount Woods Easement for Armory. Mayor McMenomy opened the Public Hearing for a liquor license amendment for City Limits. The recording secretary advised the Mayor that the Affidavits of Notice and Publication were on file. City Administrator Jilk reviewed City Limits' request from the owners Joe and Jean Doyle to amend their original liquor license application to allow the serving of alcoholic beverages on a patio adjoining their establishment. The Planning Commission approved the site plan for the patio and volleyball courts. MOTION by Klassen to close the Public Hearing on the Liquor License Amendment for City Limits. Second by Willcox. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. MOTION by Klassen to approve the amendment to the On -Sale Liquor License and Sunday Liquor License for City Limits Lanes and Lounge subject to Planning Commission's conditions of the site plan approval and final approval of the building permit for the patio. Second by Staats. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. Mayor McMenomy opened the Public Hearing of the Right -Of -Way Vacation on the Methodist Church property. The recording secretary advised the Mayor that the Affidavits of Notice and Publication were on file. Public Works Director Ron Wasmund reviewed background information on the 60 feet by 467 feet strip road easement to be vacated back to the Methodist Church. There are 3 lots that abut this easement with only one requiring a driveway easement. The Methodist Church is in agreement with this. This vacation would allow the church to proceed with their plans for parking lot improvements. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 1993 Ray and Josephine Stanton, Camero Lane, commented that the legal description did not give a common name description so residence did not know what it was about. Residence have used parking along the back of their lots and felt an easement for the other two lots would be justified. They noted that foot traffic through their yard, Lot 6, to the church and Camfield Park might be interupted by this project. The powerline behind these lots has a 10 foot easement now. The City would not be able to justify use of this land strip to serve the general public. Don Sinnwell, 3691 147th Street West, is on the Board of Trustees for the United Methodist Church. The Church maintains it's request to improve the parking lot which will be designed for light weight traffic, cars only. The southern corner will be improved for additional parking. This is a high priority for the church to proceed as soon as possible. Wes Hasbrouk, 14685 Dahomey Avenue, said twenty years ago this easement held up getting a mortagage for an addition on the church because of all the red tape. It will be much easier for the church and the city is the land is vacated. The neighbors are welcome to continue to use the area for occassional parking or occassional access to the back of their lots. MOTION by Willcox to close the Public Hearing for vacation of right -of -way easement for the United Methodist Chruch. Second by McMenomy. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to table action on the vacation of right -of- way until further negotiation for easement, similar to Mr. Ratzlaff's, for property owners for lots 4 and 5 in Marian Terrace Replat 2nd Addition. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox. Attorney Mike Miles noted that the easement only affects Lots 3, 4 and 5. Direction was given to city staff to contact owners of Lots 4 and 5 to consider an additional easement for them with a written response to City Council. Mayor McMenomy opened the Public Hearing for a Zoning Ordinance Text Amendment regarding Agricultural Preserve Act and on site septic regulations. The recording secretary advised the Mayor that the Affidavits of Notice and Publication were on file. Planning Director Lisa Freese noted that Metropolitan Council has requested that all cities verify that their ordinances are in conformance with the Metropolitan Agricultural Preserve Act. This requires a change from our current 2.5 acres per unit to 40 acres per unit in the Agriculture Preserves district. Section 14.6, On -Site Sewer Requirements also needed an addition to 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 1993 correctly reference the current state and county standards. The Planning Commission approved these proposed amendments to the Zoning Ordinance. MOTION by Klassen to close the Public Hearing for the Zoning Ordinance Amendments. Second by Staats. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. MOTION by Klassen to adopt ORDINANCE NO. B -28, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZOINING ORDINANCE. Second by McMenomy. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. Planning Director Lisa Freese reviewed RCD Real Estate Partnership's request for city approval to subdivide a 40 acre parcel and to rezone a 10 acre portion from Agricultural to General Industrial. This would be for the development of a Mesquito Control Maintenance Facility. The Planning Commission has approved the request. The resolution is conditional on these four items: 1) provision of a 55 foot right -of -way; 2) connection to sanitary sewer when it becomes available; 3) only one access to parcel A to 160th Street; and 4) park dedication fee of $1,040. Doug Dehmlow, 15725 Biscayne Avenue, will be located close to this maintenance facility. Mr. Dehmlow said that the road is already dusty and in need of maintenance. He requested that the City if allowing further development would also provide additional maintenance of the roads near by. City staff had told him there were no funds available for watering the roads with chemicals. Director Freese commented that in 1994 the county will be paving 160th Street which will be County Road 46. Director Wasmund noted that there are funds budgeted to spray the all dirt roads twice this year in conjunction with the county. There are 18 miles of gravel roads that need maintenance and this does keep one city employee busy full time. Roads such as Dodd Boulevard where it is gravel is much more populated so higher traffic causes more maintenance needs. Once 160th Street is improved the traffic level on Biscayne should be lower. Councilmember Willcox asked staff to check into State Aid being used on 7 ton road restrictions. MOTION by McMenomy to close the Public Hearing for RCD Real Estate Partnership Rezoning Petition and Lot Subdivision regarding the Mosquito Control District Facility Proposal. Second by Klassen. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to adopt A RESOLUTION APPROVING A METES AND BOUNDS LOT SUBDIVISION FOR AGRICULTURALLY ZONED PROPERTY LOCATED IN THE SOUTHEAST QUARTER QUARTER OF SECTION 32, TOWNSHIP 115, 3 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 1993 RANGE 19. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by Willcox to adopt ORDINANCE B -29, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. Second by Klassen. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. Director Wasmund reviewed the N.S.P. Peak Demand Rate Savings to be used for Well Number 7. This will allow the city to save more than $3,000 annually. The proposed agreement is for an initial five years MOTION by Willcox to approve the Consent Agenda removing Item 8.0) Port Authority By -Laws. Second by McMenomy. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. Assistant Public Works Director /City Engineer Bud Osmundson reviewed this phase of the 145th Street Reconstruction. Negotiation for land purchase is taking place. Staff was directed that if there is a failure to reach an agreement, then staff should be prepared with a quick take condemnation. MOTION by Willcox to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZE THE ADVERTISING OF BIDS FOR 145TH STREET IMPROVEMENTS, PROJECT 235. Second by Staats. Ayes: McMenomy, Staats, Klassen. Nays: Willcox. Motion carried. City Engineer Osmundson presented the feasibility report on Shannon Hills 5th Addition Street and Utility improvements. MOTION by Willcox to adopt A RESOLUTION RECEIVING FEASIBILITY REPORT AND SET PUBLIC HEARING FOR SHANNON HILLS 5TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 243. Second by Klassen. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. City Engineer Osmundson reviewed a change order regarding the holding pond on the Armory site. PCL Construction Services, Inc., the general contractor for the Armory, has submitted a bid which will save the city money and staff time. MOTION by Willcox to adopt A RESOLUTIOIN APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZE THE CHANGE ORDER FOR THE ARMORY STORM DRAIN IMPROVEMENTS, PROJECT 238. Second by Klassen. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. City Engineer Osmundson said several meetings have now been held with representatives from Inver Grove Heights, Rosemount, Dakota County, Koch Refining, and Minnesota Department of Transportation regarding the Highway 52 Corridor Study. A frontage road with access to Hwy 52 from Koch Refining to 117th Street and a traffic lights at 117th Street and Hwy 52 is being planned. A cooperative agreement will speed up the procedure. More details will be available at a latter date. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 1993 City Attorney Mike Miles reviewed the second draft of the City Code of Ethics. Mayor McMenomy requested a clearer understanding of potential litigation and disclosure of confidential information. Discussion followed directing Attorney Miles to add some legal fabric to the code and review it at the next meeting. The Leroy Mullikin lot split is under negotiation. Mullikin will appeal to the Planning Commission Appeals Board. City Administrator Jilk updated Council on city staff wage and benefit contracts. The Police Department, LELS, has been approved; the Public Works Department, Teamsters, is in the final stages of agreement; and ASFCME has just begun negotiations. A workshop will be scheduled for City Council in the future. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZE THE ADVERTISING OF BIDS FOR VALLEY OAR POND OUTLET IMPROVEMENTS, CITY PROJECT 197. Second by Willcox. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. Planning Director Lisa Freese reviewed the request of Betty and Henry Nieland for a lot split /combination enabling Mr. Nieland to replace deteriorated agricultural buildings as necessary for his farming. MOTION by Willcox to adopt A RESOLUTION APPROVING A METES AND BOUNDS LOT COMBINATION AND DIVISION OF AGRIUCULTURALLY ZONED PROPERTY LOCATED IN SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP115, RANGE 19. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: None. City Administrator Steve Jilk reviewed a change order request for the locker rooms in the Armory /Community Center. PCL Construction did a design change that would allow for four bathrooms and shower areas so there would be one for each locker area. MOTION by Willcox to approve Change Order CRX #84 in the amount of $2,779.60 to revise the arena locker room bathrooms from two to four. Second by Staats. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. Discussion took place on the annexation by Farmington of the Empire Township area. Empire Township has had a large amount of development and is requiring services from Farmington such as police, fire, and road maintenance. Rosemount could also be called on for water and sewer service. Staff was directed to meet with Farmington staff and Empire Township. The Rosemount Woods owner Peter Herfurth was upset with condemnation easement proceedings. Mayor McMenomy discussed Herfurths requests for a parks land corridor and individual water meters. The easement condemnation for new sewer lines to the 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 1993 Armory /Community Center is underway so all other issues should be discussed separate from them. This easement in no way causes the displacement of any homes in Rosemount Woods. City Attorney Miles was directed to contact Mr. Herfurth. Council requested some changes to the Port Authority By -Laws. These will be considered at a future meeting. MOTION by Willocx to adjourn the meeting. Second by Staats. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. The meeting was adjourned at 11:00 p.m. ATTEST: tep :'n Jilk, ty Administrator Respectfully submitted, Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -18. Pursuant to due City Council of May 25, 1993 at City Hall, 2875 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 25, 1993 call and notice thereof a Special Meeting of the the City of Rosemount was duly held on Tuesday, 7:00 p.m. in the Council Chambers at Rosemount 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, McMenomy, and Klassen present. Councilmember Staats was ill. Also present were Planning Commissioners: Ingram, Gundacker, McDermott, Busho, Baago; Port Authority Commissioners Anderson, Carroll, Dunn, Edwards,McMenomy, Sinnwell, and Wippermann; and City Administrator Jilk, City Engineer Osmundson, Economic Development Coordinator John Miller, Planning Director Lisa Freese, Assistant Planner Rick Pearson and City Attorney Miles. Speakers representing Metropolitan Council were Steve Schwanke, Principal Reviewer, and Criag Morris, Representative of District 16; and Don Bluhm, Manager of Metro Waste Control Commission. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy explained to those present that the purpose of the meeting was to discuss the status of the City's Comprehensive Guide Plan review with the Metropolitan Council. Planning Director Lisa Freese introduced Craig Morris, District 16 Representative for Metropolitan Council. The Redistricting Plan will cause Mr. Morris to be representative for District 15 and so Rosemount will have a new representative shortly. Metropolitan Council is under review to find a better growth control process. Right now the MUSA management is trying to consider ways to slow growth. The costs for MUSA will be borne most likely by those causing growth. They are rethinking growth strategies; Morris would like to keep politics out of the process and find a short term solution to lessen the stress for developing cities and encourage core city redevelopment. The airport site selection will have an impact on development for Rosemount. Morris indicated he is prepared to defend the idea of a reliever airport such as Flying Cloud or Rochester rather than a new airport being constructed. Morris commended city staff for their involvement in the airport siting. Morris mentioned that the fees required now are not covering costs for sewer and if an airport is sited near Rosemount the investment would be immense. Councilmember Klassen mentioned other means of recovering costs, i.e. Impact Fees, Transportation Impact Fees, SAC fees. Don Bluhm noted that impact fees have to be defined by the Legislature before they can become legal. The Rosemount Waste Water Treatment Plant was overloaded, improvements were made and after the pond "turned over" this spring they were able to expand capacity to 120,000 gallons. The Empire Plant receives some diverted flow and through 1998 Rosemount should have enough capacity. Steve Schwanke noted that moving the boundaries in the Rosemount MUSA to decrease the need would probably be acceptable for qualifying for approval of the Interim Comprehensive Guide Plan. This does not cover through to the year 2000 however, so the Interim Strategy for Rosemount's Comprehensive Guide Plan Update 2000 would apply until it can be determined chat the MUSA Map 2000 can be approved. In August a Waste Water Treatment Plant study will be completed. From this study an improvement plan design for the Waste Water Treatment Plant will be submitted for approval in January 1994. Once this can be determined the MUSA Map 2000 can be addressed. Councilmember Willcox and staff requested that this "Interim Plan" of the Comprehensive Guide Plan be approved as just that, an "interim" plan and that the Update 2000 plan could be submitted later with larger boundaries for consideration on the MUSA Map. The timeline for the Interim review should be two weeks from the June 1, MWCC Report, then two to three weeks for Metropolitan Council's consideration, and then meeting the public hearing requirement. MOTION by McMenomy to authorize staff by means of a letter to Metropolitan Council to append the Comprehensive Guide Plan Update 2000 to read Interim Comprehensive Guide Plan. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Klassen. Nays: None. MOTION by McMenomy to adjourn. SECOND by Willcox. All in agreement. The meeting was adjourned at 8:30 p.m. Respectfully submitted, 2 v ATTES ep Jilk City Administ tor 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 25, 1993 Linda Jentink Recording Secretary The City Clerk's Agenda Packet is Clerk's File 1993 -19. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 1, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, June 1, 1993 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, Willcox, and Wippermann present. Staff present were: Bechtold, Freese, Jilk, Knutsen, May, Osmundson, Pearson, Sommers, Walsh and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy welcomed the audience and led the group in the Pledge of Allegiance. Changes to the agenda included adding Item 3. d. Blandin Retreat; Old Business 8. 1. Rosemount Plaza; and amending the minutes of May 18, 1993. Kevin Carroll, a representative of S.O.A.R., gave an update of the airport siting process. Several site selections are being considered. Right now legislators are encouraging Metropolitan Council to move up the final decision timeline so communities are not held back on their development. June llth will be a critical meeting with the Governors Task Force where a schedule to move up the siting selection by one year is considered. City staff will be attending. An alliance with the Bloomington Chambers of Commerce and S.O.A.R. is forming. Police Chief Lyle Knutsen displayed Officer John Sommers' plaque he received from the state chapter of the American Legion for his quick response and reactions in a barn fire in Rosemount. Sommers helped a teenage boy save the family's entire herd of dairy cows and calves. As the fire department arrived the entire barn was engulfed in flames. City Council commended Officer Sommers for his fine work. Ron Wasmund, Public Works Director reviewed the Northern States Power (NSP) program to use higher efficiency fluorescent tubes which draw less current. A study was done by Master Electric estimating costs at $8,851 with a rebate from NSP of $1,033.40. This would require four years of pay back to receive a savings. NSP will finance retrofitting. MOTION by Willcox to support retrofit expenses for electrical savings at Rosemount City Hall only and require a second bid. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Councilmember Klassen noted that the Blandin Leadership Program will have a meeting June 17, at 7:00 p.m. at City Hall. All Councilmembers are invited to consider joining this excellent program. The first training session is scheduled for October 24 29. MOTION by Willcox to approve the Consent Agenda with an amendment to the May 18, 1993 minutes. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 1, 1993 Mayor McMenomy opened the Public Hearing for a mineral extraction permit renewal for Lance Johnson Sand and Gravel Mine at 8:00 p.m. The recording secretary advised the Mayor that the Affidavits of Notice and Publication were on file. Rick Pearson, Planning Assistant reviewed the mineral extraction application. The location of the mining operation is west of County Road 71 and one mile north of County Road 38. The permit conditions include posting a security in the amount of $25,000 by both the property owner and the pit operator and posting a security by Bituminous Roadways in the amount of $12,000 to guarantee the reseeding of the restored phases. The Planning Commission recommends its approval subject to conditions. MOTION by Wippermann to close the Public Hearing for the renewal of the Lance Johnson mineral extraction permit. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE 1993 MINERAL EXTRACTION PERMIT RENEWAL FOR THE LANCE JOHNSON PROPERTY and to authorize execution of the 1993 Mineral Extraction Permit. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Mayor McMenomy opened the Public Hearing for Shannon Hills 5th Addition Street and Utility Improvements. The recording secretary advised the Mayor that the Affidavits of Notice and Publication were on file. Brian Bourassa, P.E. from OSM Engineering presented an overview for Shannon Hills 5th Addition Street and Utility Improvements. The project consist of the installation of watermain, sanitary sewer, storm sewer, street, sidewalk and street lighting. The entire project will be borne by the developer, Ground Development Corporation. Construction should begin in August through to November with the final pavement application next summer. MOTION by Wippermann to close the Public Hearing for Shannon Hills 5th Addition Street and Utility Improvements. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by Willcox to adopt A RESOLUTION FOR APPROVAL OF SHANNON HILLS 5TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 243. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Willcox to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR SHANNON HILLS 5TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 243. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for a zoning text amendment, Coal Ash Disposal in Nonhazardous Industrial Waste 1 s ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 1, 1993 Containment Facilities. The recording secretary advised the Mayor that the Affidavits of Notice and Publication were on file. Planning Director Lisa Freese reviewed the petition by U.S.P.C.I. to the City to amend the zoning ordinance in order to permit the disposal of coal ash at the Minnesota Industrial Containment Facility. The ordinance does not allow the disposal of ash from incinerators, resource recovery facilities and power plants. U.S.P.C.I. is requesting that the definition be changed to allow the acceptance of 100% coal ash at the facility. Mr. Tom Radue of Barr Engineering reviewed the ash material and noted that it is a stable material. Radue said that dust control would be necessary by using tarps over trucks when transporting and some site dust controls. Bill Lauer, Dakota County Lead Inspector noted that random testing would be conducted in order to verify that the coal ash is not contaminated and U.S.P.C.I. is required to keep daily testing files which would be reviewed by Mr. Lauer. Don Chapdelaine, Mike Scraton, and Rex Kraft from U.S.P.C.I. said their company's projections for waste tonnage were too high and the coal ash would allow more clients and increase the tonnage amount. Coal ash is very environmentally manageable and U.S.P.C.I. has no objection to the wording of the amended zoning ordinance. Profits have not been realized and the main company is subsidizing the plant in a large way. Three full time workers have been laid off. Councilmember Klassen reminded all that the former Council had very carefully worded the original permit so that it excluded any ash. The perception at that time with dealing with Dakota County Incinerator, University of Minnesota Rosemount requesting a coal ash cell, and Minnesota Solid Waste incinerator ash, gave Council the message to stay clear of coal ash. Also, the original permit was for five years, now after six months an amendment is already requested. Frank Hornstein, Clear Water Action, voiced his concerns with the additives mixed with coal ash, i.e. spent oxide bauxite, mercury and garbage. Controls, storage and transportation can then become risks. Don Chapdelaine said U.S.P.C.I. is a good neighbor and hopes that the public's perception of it is good. The technology for these holding cells is excellent and environmentally controllable. The Host Community Fees will benefit Rosemount in the future and U.S.P.C.I. requests the amendment so that this facility can be successful. MOTION by McMenomy to close the Public Hearing on the zoning text amendment for Coal Ash Disposal in Nonhazardous Industrial Waste Containment Facilities. Second by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 1, 1993 Both Willcox and Klassen did not recommend approval. Klassen said if coal ash is safe why not fill regular landfills with it rather than a facility made for items not accepted at most landfills. MOTION by McMenomy to table action until resolution of the Interim Use Permit Amendment. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats. Nays: Willcox, Klassen. MOTION by McMenomy to place U.S.P.C.I.'s petition for text amendment for Coal Ash Disposal back on the next consideration of setting a public hearing. Second by Ayes: Wippermann, McMenomy, Staats. Nays: Klassen, a zoning agenda for Wippermann. Willcox. MOTION by Klassen to approve the hiring of Nancy Vandergon for the position of Deputy Registrar Clerk at the starting rate of $7.60 an hour contingent upon her passing a pre employment physical and a driver's license check. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Bud Osmundson, City Engineer reviewed the White Lake Acres, Project 241, showing street repair and a two inch overlay. Payment for this will come from the street fund. No assessments are called for. MOTION by Wippermann to adopt A RESOLUTION RECEIVING PLANS AND SPECIFICATIONS /AUTHORIZING AD FOR BID, WHITE LAKE ACRES, 126TH STREET AND BISCAYNE AVENUE STREET IMPROVEMENTS, CITY PROJECT 241. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Bud Osmundson, City Engineer, reported that verbal agreements have been made with land owners other than Carrolls. There is disagreement on the appraised value due to the perceived multi zoning of the property. Delay of the project will congest through traffic to the high school in September. MOTION by McMenomy to adopt A RESOLUTION OF THE CITY COUNCIL OF ROSEMOUNT DIRECTING CONDEMNATION OF LAND NEEDED FOR REALIGNMENT OF CHILE AVENUE, A PUBLIC STREET IN ROSEMOUNT, MINNESOTA for City Project 235. Second by Klassen. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: Willcox. Chuck Rickert, P.E. of Orr, Schlelen, Mayeron Associates, OSM Engineering presented the Western Rosemount Transportation Study. This is a thorough study of traffic patterns, traffic counts and projected needs of the city. This will assist the City in guiding future transportation planning. The recommendations resulting from this study are that Connemara Trail should be built as soon as possible from Shannon Parkway to Trunk Highway 3. In addition, OSM is recommending that we request the reconstruction of County Road 38 from Trunk Highway 3 to Bacardi in 1998 as part of the Dakota County Capital Improvement Program. This will be brought back to Council at the July 6, 1993 meeting. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 1, 1993 Attorney Miles prepared the City Code of Ethics. Discussion ensued. MOTION by Klassen to approve the Rosemount City Code of Ethics as amended and to direct that it be drafted into ordinance form for codification and publication. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Ron Wasmund, Public Works Director led discussion on the right of -way vacation on the Rosemount United Methodist Church property. Consensus of the Council was to grant all three property owners access easement on the west side of their lots. MOTION by McMenomy to adopt A RESOLUTION TO VACATE THE 60 X 467.52 RIGHT -OF -WAY ON LOT 13, AUDITOR'S SUBDIVISION 27 AND QUITE CLAIM DEED IT TO THE ROSEMOUNT UNITED METHODIST CHURCH WITH PROVISION THAT LOTS 3,4, AND 5 HAVE ACCESS EASEMENT ON THEIR WEST PROPERTY LINE. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. John Miller, Economic Development Coordinator, presented a Peddlers Ordinance to limit sales on public land with a $50 fee for profit organizations and no fee for non profit organizations. MOTION by Willcox to approve AN ORDINANCE AS AMENDED RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Willcox to approve A RESOLUTION SETTING THE LICENSE FEE FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR PHASE ONE OF SHANNON POND. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Klassen to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR SHANNON HILLS 5TH ADDITION and authorize execution of the Shannon Hills 5th Addition Development Agreement. Second by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to adjourn. No second. Motion failed. Mayor McMenomy called for a five minute break. Planning Director Lisa Freese noted the staff at Metropolitan Council was sending mixed signals whether the Rosemount Comprehensive Guide Plan Update 2000 would be approved or not. The MUSA sewer capacity needs to be determined. Then an interim plan can be submitted. It is hard to appease two regional governments. 5 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 1, 1993 MOTION by Willcox to approve the Port Authority's amendments to its bylaws adopted at the Port Authority's May 3, 1993 meeting. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by Willcox to accept the quote and award the contract for the materials and labor for the installation of the Phase II irrigation system in Jaycee Park (J -93.1) to Southview Design and Construction for the amount of $11,826 with funding to come from the Park Dedication account. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Klassen to accept the quotes and to award the contract for the materials and labor for the construction of the trail in Jaycee Park, project J -93.5 to Bituminous Roadways for the amount of $25,432.00 with $16,895.00 to come from account 202 -24435 and $8,537.00 to come from Park Dedication funds. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to approve expenditures not exceeding from the General Operating Budget (101- 41520 -01 -437) and Budget (202- 49002 -01 -572) to furnish the expanded Deputy Registrar work area. Second by Staats. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: None. MOTION by Willcox to approve the purchase of personal computers (PC's) and printers from the CIP Fund, account 202 49002 -01 -587, not to exceed the $14,000 that was budgeted for in 1993. Second by Klassen. Discussion ensued. Willcox recommended DOS 6.0 upgrades. Finance Director Jeff May agreed and was sure there would be enough money available to make that upgrade. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to approve the network proposal from CIT for work to be done to the City's personal computer network system and for the purchase of a new tape backup unit. These costs will be taken from the CIP budgeted for 1993 account number 202- 49002 -01 -586 not to exceed the budgeted amount of $8,000. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. $1,800 the CIP Willcox, Councilmember Willcox left the meeting at 11:15 p.m. MOTION by Klassen to proceed with the preparation of plans and specifications for the underground storage tank removal and replacement. Second by Wippermann. Ayes: Staats, Klassen, Wippermann. Nays: McMenomy. MOTION by Klassen to support the concept of the Dakota County CIP with the addition of the two projects as summarized, but qualify our support of the Dakota County CIP based upon Rosemount's priorities and availability of monies. Second by Wippermann. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: None. 1 1 1 MOTION by McMenomy to approve a Change Order to complete the sidewalk through the Shannon Hills 3rd Addition, City Project 225. Second by Klassen. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy made a proclamation that National Flag Day, June 14, 1993 in the City of Rosemount would be honored by a pause for the Pledge of Allegiance. MOTION by Staats to set a Special Meeting for June 28, 1993 at 6:30 p.m. to begin the 1994 Budget Process for the City of Rosemount. Second by McMenomy. Discussion followed. The meeting time was amended to 7:30 p.m. MOTION by Staats to set a Special Meeting for June 28, 1993 at 7:30 p.m. to being the 1994 Budget Process for the City of Rosemount. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: None. The meeting was adjourned at 11:22 p.m. ATTEST: teph_ Jilk, C 27 Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 1, 1993 Respectfully submitted, Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -20. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, June 15, 1993 at 7:30 p.m. in the Council Chambers at Rosemount City Hall. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, Willcox, and Wippermann present. Staff present were Jilk, May, Wasmund, and Osmundson. Also in attendance was City Attorney Miles. Mayor McMenomy led the group in the Pledge of Allegiance. Changes to the agenda included adding 3. b) Markos Schourliaris' Water Bill, and 6. h) Armory /Community Center Pay Request. Diane Pinkert, a member of the Chamber of Commerce Government Action Committee, was present to update the City Council on their activities. Ms. Pinkert advised that the committee would like to have city staff persons attend their meetings. She explained the purpose of this would be for the committee members to meet city staff, find out what they do and ask questions. The committee feels that this would be a way to open up communication between the business community and city staff. Ms. Pinkert also advised that members of the chamber will staff a booth at the Renaissance Fair this year and the proceeds from the sales will be donated to the Town Green project and also used to purchase banners. She also requested that an update on the one -stop shop concept be provided. Roger Schanus, of Boeckermann, Heinen, Mayer, reviewed key pages of the City of Rosemount's 1992 audited financial statements. Discussion centered around whether a list was being prepared of the city's assets. Markos Schourliaris was allowed to speak regarding his water bill. Mr. Schourliaris felt that his past bill was unreasonably high due to meter problems and felt that he should receive a credit. He was also concerned that he was continuing to receive late penalties while trying to resolve the problem. Public Works Director Wasmund advised that he would gather information regarding water meter readings and meter calibration tests and present it to the council July 6, 1993. MOTION by Willcox to approve the consent agenda with the correction to the June 1, 1993 regular meeting minutes and moving item 4.g) Receive Bids /Award Contract, Valley Oak Pond Outlet, Project 197 to Old Business. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. City Engineer Osmundson advised council that MnDot had recently completed the city ordered speed study for Dodd Road between 120th Street and Highway 3. It was determined that a safe and reasonable speed limit for Dodd Road would be 40 m.p.h., as opposed to the current 55 m.p.h. Council questioned whether the tonnage limits on Dodd Road could be lowered and Osmundson advised that it could not because of its State Aid Road 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 1993 designation. Council also requested that a letter be sent to residents along Dodd Road informing them of the results of the study. Osmundson explained that the letter would also encourage residents to meet and discuss future improvements to the road and express their wishes to the city. MOTION by Wippermann to adopt A RESOLUTION ESTABLISHING SPEED LIMITS ALONG DODD ROAD (BOULEVARD) FROM 120TH STREET TO TRUNK HIGHWAY 3. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Summaries regarding the negotiations to acquire the easements needed to complete the 145th Street construction project was provided to the council. City Engineer Osmundson advised that s.,..o the plans for City Project #235 were presently at the State Aid office and should be ready for bid on June 25. City Administrator Jilk advised that the Highway 52 Corridor Study is proceeding and as a result of this work, the task force is asking MnDOT to proceed with improvements at the 117th Street intersection of Highway 52. Improvements would include extending the frontage road and installing signal lights. Because safety issues at this intersection warrant immediate attention and MnDot funding would not be available until 1995 or 1996, a Cooperative Agreement Program is being suggested as an alternative way to complete the project in a more timely manner. Council questioned whether this agreement would cause the city to pick up the costs for the improvements as opposed to the state. Jilk advised that the state would still pick up the majority of the costs and the city would look to Koch Refining to pay for the remaining cost. MOTION by McMenomy to adopt A RESOLUTION AUTHORIZING THE CITY OF ROSEMOUNT TO NEGOTIATE A COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND ANY OTHER APPROPRIATE AGENCIES FOR IMPROVEMENTS TO THE INTERSECTION OF TH 52/55 AND 117TH STREET. SECOND by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Councilmember Klassen pulled this item from the consent agenda to question whether the Valley Oak Pond Outlet Phase I bids had been verified. City Engineer Osmundson stated that they had. MOTION by Klassen to ADOPT A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR VALLEY OAK POND OUTLET, PHASE 1, CITY_ PROJECT 197. SECOND by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Debb Marthaler, representing the Leprechaun Days Committee, reviewed their scheduled events for this year's Leprechaun Days. Along with the number of days being reduced from ten to four, she advised that a new event this year will be a family dance and picnic. She also advised that the parade route will be the same as last year because of 145th Street construction. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 1993 MOTION by Klassen to approve the Leprechaun Days events on city property and to approve the parade route and close the streets on the date and times presented by the Leprechaun Days Committee representatives. SECOND by Wippermann. Discussion followed regarding the need to amend the motion to include the June 11, 1993 memo from the Leprechaun Days Committee regarding the release of funds to purchase fireworks. MOTION by Klassen to amend the original motion to include the committee's June 11, 1993 memo regarding the request to release funds for the purchase of fireworks. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Poll of original motion: Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. MOTION by McMenomy to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $555,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993A. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Willcox to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,415,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1993B. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Willcox to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $945,000 GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 1993C. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Klassen to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $845,000 GENERAL OBLIGATION MUNICIPAL BUILDING REFUNDING BONDS, SERIES 1993D. SECOND by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. City Administrator Jilk reviewed the request to approve three change orders on the Community Center. The first change order was due to backfill materials not being available from the Highway 3 business sites because of possible hazardous material contamination. Fill materials had to be imported in order to keep the project from being held up. The second change order is to add two additional control points for the sound system and the third is deleting a small portion of rockface block in the arena, which will amount to a savings for the city. MOTION by Klassen to approve change orders #97, #98, and #99 as submitted on the Community Center project. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. City Administrator Jilk led discussion on the County Road 42, principal arterial designation being proposed by Dakota County. 1 1 Discussion followed regarding the city's position on the issue. Jilk advised that the Met Council is just now developing guidelines for arterial designations for guidance to cities. Consensus was reached to add a paragraph to the resolution stating the city's desire to be compensated for any costs incurred to modify County Road 42 and adjacent properties to allow for accesses. MOTION by Willcox to approve as amended A RESOLUTION INDICATING A POSITION AGAINST DESIGNATION OF COUNTY ROAD 42 AS A PRINCIPAL ARTERIAL. SECOND by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Wippermann to approve payment of $29,137.98 to PCL Construction Services, Inc. for construction services to be paid out of accounts: 424- 48000 -01 -521 ($12,452.89), 426- 48000 -01- 521 ($16,545.12) 427 48000 -01 -521 ($139.97). SECOND by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by McMenomy to adjourn to a closed session. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Meeting reconvened at 9:50 p.m. MOTION by Willcox to adjourn. SECOND by Wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Meeting adjourned at 9:50 p.m. ATTEST: S ep"an Jil City Administrator The City Council Agenda Packet is Clerk's File 1993 -21. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 1993 Respectfully submitted, J✓J f Y Deborah Widstrom, Recording Secretary 1 1 Pursuant to due call and notice thereof a closed executive session of the City Council of the City of Rosemount was duly held on Tuesday, June 15, 1993 at 9:05 in the Council Lounge at Rosemount City Hall. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, Willcox, and Wippermann present. Also present was City Administrator Jilk. Mayor McMenomy read a letter that he had received from Governor Arne Carlson. The purpose of the meeting was to have general discussion regarding the public works union contract. Administrator Stephan Jilk reviewed his memorandum to council regarding the proposed 1993 and 1994 contract changes which were negotiated over the past several months with representatives of Local 320. Following further discussion of these changes a consensus was reached by council to accept these contract changes. Brief discussion was held on proposed salary increases for non- union employees as they may or may not be affected by decisions reached on contract employee adjustments. Meeting adjourned at 9:47 p.m. Respectfully submitted, Ddak Wits ATTEST: Ste han Jil City Administrator ROSEMOUNT CITY PROCEEDINGS CLOSED EXECUTIVE SESSION JUNE 15, 1993 Deborah Widstrom, Recording Secretary 1 Pursuant to due call and City Council of the City July 6, 1993 at 7:30 p.m. Council Chambers. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1993 notice thereof a Regular Meeting of the of Rosemount was duly held on Tuesday, at the Rosemount City Hall in the Mayor McMenomy called the meeting to order with Councilmembers Staats, Willcox, Wippermann, and Klassen present. Staff present were: Freese, Jilk, Osmundson, Topitzhofer and Wasmund. Also in attendance was City Attorney Mike Miles and engineering consultants Brian Bourassa, and Chuck Rickart, OSM Engineer. Mayor McMenomy welcomed the audience and led the group in the Pledge of Allegiance. Changes to the agenda included moving the Schourliaris and Reis Utility Appeals to Department Heads Report 3.d. and 3.e.; pulling Consent Agenda Item 4.1 for discussion to Old Business 6.j.; adding Item 3. f. Dennis Ozment, State Representative Report; adding Item 6. i. National Guard Maintenance Facility Update; and adding for the Mayor's Report, Theater Proposal for Abbott Property (Item 8.) Kevin Carroll, a representative of S.O.A.R., gave an update of the airport siting process. S.O.A.R continues to monitor progress and try to get information to the public. July 16 and 17 an informational booth with be at Hastings Days. A fund raiser is planned for September 26, more details will be coming. Hue Schilling has indicated he is an advocate of relocating the airport. Several memos from him on Metropolitan Council letterhead show this. Planning Director Lisa Freese gave an update on the Comprehensive Guide Plan and its review with Metropolitan Council. Steve Schwanke has left Metropolitan Council and Tom Caswell has replaced him as Reviewer for the Rosemount Update 2000. An optimistic timeline would be an August 4th Draft Review, August 12th review by the Committee of Whole, and August 19th Metropolitan Council will take action on it. The latest timeline would be a September 22nd approval date. Mayor McMenomy asked about the possibility of having to scale back the Year 2000 development plans. Director Freese said that approval with conditions could be required to scale back industrial land in the Urban Area or change any policy or ordinance within the Comprehensive Guide Plan. City Administrator Jilk introduced James Topitzhofer the new Community Center Manager. Mr. Topitzhofer has been working since June 2 familiarizing himself with the needs and wants of the facility and its management. He has already met with the new Community Center Commission which is chaired by Lee Knutson. Mr. Topitzhofer has set a progressive schedule to organize and schedule use of the facility. Jim has experience from the City of Shoreview Community Center. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1993 Community Center Manager Topitzhofer reported that the construction and organization of the facility is on schedule despite the rain. This Thursday the Commission will tour the construction site. Banquet fees will be set this week and bookings will begin immediately following approval by the City Council. Topitzhofer has met with RAHA (Rosemount Area Hockey Association), the Rosemount High School, and Eagan Hockey Association. These are all very excited and willing to help in many areas. The First State Bank has purchased the score board. Look for newspaper articles in the local papers explaining many of the up coming plans. Topitzhofer has seen a great sense of excitement in the community regarding the Community Center. State Representative Dennis Ozment reported on four main issues. First, the airport relocation process was discussed. Ozment said it is a noise problem and always has been, there is no reason to believe additional runway capacity is needed. Second is the solid waste issue. Reduction and reuse have been emphasized and recycling has been very successful. The economic impact however will shift from the use of raw materials to reused material. This will greatly affect big labor and large corporations which don't want this to happen. Thirdly, is education. Tax structure is now so that a little bit of every tax dollar goes to many many items. Ozment would suggest a shift away from use of local property taxes for use with the school district expense to the use of state income taxes and sales tax. Fourth, and final item is the Metropolitan Council. New members are being sought for this, Terry Flauer from Nininger Township has applied and Ozment supports him. Please let the Governor's office know who you may support. Ozment has planned future meetings for discussion on Tax Increment Financing, annexation, housing issues, and transit issues. Mayor McMenomy opened the Public Hearing for a On -Sale Intoxicating Liquor License and Special Sunday Liquor License at 14550 South Robert Trail at 8:00 p.m. The recording secretary advised the Mayor that the Affidavits of Notice and Publication were on file. City Administrator Stephan Jilk reviewed the business sale of Kady's Bar to the new partnership of C R, Inc. The new owners plan to rename the establishment "Last Call" and make some remodeling changes after August 1. It is recommended to approve the liquor license for the entire building, at present it is for just the west side, subject to final city inspection of the improvements and alterations. MOTION by Wippermann to close the public hearing for On -Sale Liquor License Application for Last Call Bar and Grill. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1993 Questions were answered by Manager Connie Cook to the satisfaction of the City Council. Cook planned to take care of any unsightly garbage located on the southeast side of the building. Cook was aware of past problems with after -hour activities and serving of liquor where license did not allow. She said she would see that those offenses would not occur. MOTION by Wippermann to approve an On -Sale Liquor License and Special Sunday Liquor License to C R, Inc. effective July 7, 1993 for the west side of the building (formerly known as Kady's) and to amend the Liquor License Applications submitted by C R, Inc. to include the east side of the building effective August 1, 1993 subject to final city inspection of the improvements and alterations. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Mr. Timothy Reis and Mrs. Stephanie Reis have made an appeal to the City Council for the Utility Commission's decision not to remove Julie Reis' name from the utility billing. Julie Reis was formerly married to Timothy Reis and has part ownership of the house at 14865 Crandall Avenue. The City Attorney Miles commented that by removing Julie Reis' name the City will lose the option of possible collection from her in the event there would be an over due bill through certification with the county. The City Policy establishes the requirement to bill directly to property owners. The City Council felt because the Reis's have been current on their water bill and because of the obvious irritation it caused the Reis family that it would be appropriate in this case with these unique set of circumstances to change the names on the utility billing: 1) Property ownership is being determined in court. 2) Julie reis does not live at property in question, she is currently living out -of- state. 3) Julie Reis has a new last name. 4) Although homestead credit application comes in the name of Timothy and /or Julie Reis, Timothy Reis files a "special form" with the county to indicate only he is entitled to the homestead credit. Council felt this gives an adequate paper trail to proper ownership and that the city is covered since Timothy Reis' is an owner of the property and his name appears on the water bill. MOTION by Willcox to remove the former Mrs. Julie Reis from the utility billing statement and add Mrs. Stephanie Reis with Mr. Timothy Reis's name onto the utility billing statement. Second by Staats. AMENDMENT TO THE MOTION by Willcox will add: "Please note that this action is done under these unique set of facts and is only to be done on a case by case basis. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Polling of original motion which reads: "MOTION by Willcox to remove the former Mrs. Julie Reis from the utility billing 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1993 statement and add Mrs. Stephanie Reis with Mr. Timothy Reis's name onto the utility billing statement. Please note that this action is done under these unique set of facts and is only to be done on a case by case basis. Second by Staats." Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Willcox to have the Utility Commission continue working upon a policy to cover this situation. No second. Motion did not progress. Mr. Schourliaris was not present to make his request on his utility billing. MOTION by McMenomy to table action on the Schourliaris utility billing appeal until such time that Mr. Schourliaris can be present. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. The Consent Agenda was changed by removing Item 4.1. regarding Highway 3 Improvements for discussion. MOTION by Wippermann to approve the Consent Agenda excluding Item 4.1. Trunk Highway 3 Improvements, Project 239 and Authorize Ad for Bids. Second by McMenomy. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by Klassen to call for a Special Council meeting for the purpose of hearing the presentation of the Downtown Scoping Committees Final Report and Recommendations and to extend an invitation to all other City Commissions and the Chamber of Commerce to attend for discussion purposes on August 18, 1993 at 7:00 p.m. at the Rosemount City Hall. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. City Engineer /Assistant Public Works Director Bud Osmundson reviewed the next four projects, answering questions and reviewing background. MOTION by McMenomy to adopt A RESOLUTION RECEIVING BIDS /AWARDING CONTRACT OF THE 145TH STREET IMPROVEMENTS SHANNON PARKWAY TO CHILI AVENUE AND THE REALIGNMENT OF THE CHILI /CHIPPENDALE AVENUES INTERSECTION WITH THE 145TH STREET CITY PROJECT 235. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: Willcox. MOTION by Wippermann to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT FOR WHITE LAKE ACRES OVERLAY, CITY PROJECT 241. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by McMenomy to adopt A RESOLUTION RECEIVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR SHANNON HILLS 5TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1993 243. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Klassen voiced concern that while this report at this point in time seems feasible that it in no way is to be considered unchangeable and that public hearings are still to be held when implementation is considered. Bud Osmundson stated that was the case. MOTION by McMenomy to adopt A RESOLUTION RECEIVING WESTERN ROSEMOUNT TRANSPORTATION STUDY. Second by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. City Administrator Jilk updated City Council on the status of Dakota County assigning County Road (CR) 42 as a Principal Arterial highway. This would cause the need for an overhead by- pass of the railroad tracks at Highway 3 and CR 42 in the future. Current development of property surrounding this intersection would be restricted on the entrances unto CR 42 because of this. These entrances would have to be 1/4 mile from the railroad tracks possibly causing additional expense to the developer due to the low area at this point to the east. Discussion will continue with the developers. Councilmember Klassen requested discussion on the Highway 3 Improvements to follow up on residents concern on the issue of a pedestrian crossing to the Community Center. Safety is the main concern for anyone who would be crossing Highway 3 stated Klassen. There will be pedestrian traffic from Rosemount Woods Mobile Park and Erickson Park on the east to the Community Center. City Engineer Osmundson commented that there are no funds budgeted now for a tunnel or pedestrian bridge which can cost upwards to $200,000. The normal features for a surface crosswalk would be used; i.e. signage, flashers, road markings. In order to qualify for a signal light for pedestrian traffic MnDot requires a count of 400 people crossing in four hours in one day. The High School has addressed this issue by working with the City to provide a paved path from the school to the Community Center on the west side of Highway 3. Busing from the Community Center could also provide safe passage crossing Highway 3, especially for children. MOTION by Klassen to adopt A RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE ARMORY, TRUNK HIGHWAY 3 IMPROVEMENTS, S.P. 1921- 58, CITY PROJECT 239. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Community Center Manager Jim Topitzhofer presented an amendment to Ordinance No. XVI.25 pertaining to liquor regulations establishing regulations for serving intoxicating beverages within the Community Center. An annual license fee of $100 from establishments that already are licensed with the State of Minnesota for liquor would be required unless the establishment is located in Rosemount in which case it would not be required to 5 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1993 pay a fee. An additional event charge of $30 would be charged to all liquor providers. MOTION by McMenomy to adopt Ordinance No. XVI.25, AN ORDINANCE AMENDING TITLE 3 PERTAINING TO LIQUOR REGULATIONS. Second by Wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Public Works Director Ron Wasmund reported that Mr. George Romo, Maintenance Worker Level II in the Utility division has announced his retirement effective August 1, 1993. George has been employed with the city for 15 years. Wasmund expressed appreciation for George's contributions and experience which will be missed. MOTION by McMenomy to accept the letter of resignation from George Romo. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Planning Director Lisa Freese is going forward with the Comprehensive Guide Plan Implementation schedule. Zoning text amendments such as residential performance standards, density bonuses, residential Planned Unit Developments (PUD's), will be considered at a special workshop meeting by the Planning Commission. MOTION by McMenomy to set a Public Hearing on July 20, 1993 at 8:00 p.m. to consider changes to the Zoning and Subdivision Ordinances. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Mayor McMenomy's Report updated City Council on the Port Authority's decision to work with the Muller Family Theater Group to support development of a 10 screen, 2200 seating, first run theater in the proposed business park. Property offer's are being negotiated for the Roy Abbott property for the business park. Bonds may be required. Further information will be presented at the July 20, 1993 City Council meeting. City Administrator Jilk gave a preliminary budget report. Further meetings need to be scheduled for developing the 1994 Budget. Discussion followed regarding the appointment of a Budget Committee and a Finance Committee. This may help set guidelines such as the amount of debt, tax base, and overall financial direction. McMenomy wished to keep the community involved. Administrator Jilk noted that this community input could help Council realize the priorities of the community and thereby give direction to staff to tailor the budget appropriately. Members of Council felt that setting up such a committee may remove Council too far from its fiscal responsibility. Klassen added that through ad hoc citizen committees such as the Park Master Plan Committee and through 1 citizen participation at budget meetings Council can learn of the communities priorities. Lucy Holzer, a Rosemount resident, said that often the "perception" of what the City and City Council is doing with tax dollars is a concern. Holzer requested monthly budget reports to keep informed. Willcox requested a "complete" budget from staff. Administrator Jilk explained that the separate enterprise funds, i.e. Utility Core Fund, Stormwater Fund, Community Center Fund are held separate from the budget and will require sixty days to develop. Jilk also reminded Council that he needed their priorities in order to change and improve the 1994 budget from this years. Future meeting dates of August 11 and August 25 at 6:30 p.m. were discussed but not set. MOTION by McMenomy to call for a Special City Council meeting for the purposes of discussing the 1994 preliminary operating budget on July 26, 1993 at 6:30 p.m. at City Hall. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by Willcox to adjourn the meeting. Second by McMenomy. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. The meeting was adjourned at 10:55 p.m. ATTEST: Steph ity Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1993 Respectfully submitted, L i/ Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -22. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, July 20, 1993 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Staats, Willcox, and Klassen present. Staff present were: Bechtold, Freese, Knutson, May, Osmundson, Pearson, Topitzhofer, Walsh and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy welcomed the audience and led the group in the Pledge of Allegiance. Changes to the agenda included moving the Carroll's Assessment Appeal under DEPARTMENT HEADS REPORTS /BUSINESS (3.c) and (3.e) Tractor Pull Challenge; added to the Consent Agenda was Item 4.1 Donation Expenditure for Leprechaun Days; an additional Closed Session was called for the Carroll's Assessment Appeal and for Rosemount Woods Utilities Easement Condemnation. Finance Director Jeff May introduced Nancy Vandergon, the new Deputy Registrar Clerk working in the vehicle licensing area. Mayor McMenomy and City Council welcomed Nancy. Two representatives of the Rosemount Chamber of Commerce, Lucy Holzer and John Loch, reported to the City Council. Holzer noted that communication has improved and thanked Council and City Administrator Steve Jilk for the prompt answers to all the questions that had been brought to Council. In connection with the Leprechaun Days celebration and unifying the identification of the Chamber, a banner has been presented to all the businesses on the main streets to be displayed at all special events throughout the year. Also large green and pink ribbons have been made to attach to the light poles on Highway 3 as a welcome symbol. Loch said the local restaurants are having a "Taste of Rosemount" including about ten booths displaying different foods during Leprechaun Days. The Jaycees worked on a project with the Chamber and Miller Super Valu to send bottled water to Iowa. Rosemount's sister city in Russia has received the large shipment of needed supplies. They thanked Rosemount in a letter and said they were able to help 2,500 people. The Russian City invited any interested ones to their city celebration in September, 1993. Councilmember Klassen challenged Council and City staff to compete in the Sneaky Pete's Tractor Pull sponsored by Carol and Cy Schmidt during Leprechaun Days. Councilmember Wippermann has the much heralded traveling trophy from last year. Klassen's tractor this year is called "The Tree Tumbler Attorney Miles reviewed the Carroll's Assessment Appeal in which a settlement agreement has been resolved on the condemnation for easement for the purpose of the realignment of Chili Avenue. The second issue is the assessments due from 1976 and 1979. The City has agreed to assist them in planning the development of the land to residential lots. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 1993 MOTION by Willcox to have the City Attorney draft an agreement for the Carrolls' assessments for Outlot A to be brought back to the next meeting. Second by Klassen. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. MOTION by McMenomy to have a Closed Session following the 8 o'clock public hearing for the purpose of discussing the Carroll's Assessment Appeal. Second by Willcox. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. Mayor McMenomy opened the Public Hearing for Zoning /Subdivision Text Amendments. The recording secretary advised the Mayor that the Affidavits of Notice and Publication were on file. Director Freese reviewed the procedural requirements and purpose for the amendments and Assistant Planner Rick Pearson detailed the changes to the Zoning and Subdivision Ordinance which the Planning Commission has reviewed and recommends. Building setbacks for principle arterial highways have been increased from 30 feet to 50 feet to insure public safety. Other utilities such as natural gas lines and railroads would have a setback of 30 feet and require a planting strip for screening. Changes regarding maximum density in the R -1 and R -3 districts were recommended. Willcox commented that for safety the pipeline setback should be increased to 50 feet for principle structure. A home placed close to a pipeline could be in imminent danger. Pearson noted the findings of the Pipeline Safety Commission discussing setbacks which were less than 50 feet. McMenomy inquired whether or not the density changes would result in larger lots. He expressed concern about additional restrictions placed on developers and future homeowners. Attorney Reid Hansen commented on behalf of CMC Real Estate Corporation which is in the process of developing a residential area near a railroad and requested a delay of action on this ordinance so CMC's engineers could have time to evaluate the impact of these changes to their design. MOTION by Willcox to continue the Public Hearing for the Zoning /Subdivision Text Amendments to August 17, 1993, at the second regular City Council meeting. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by McMenomy to go to Closed Session regarding the Carroll's Assessment Appeal. Second by Willcox. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. Mayor McMenomy reconvened the regular meeting at 9:00 o'clock. MOTION by Klassen to accept the settlement agreement subject to the conditions in the June 30, 1993 letter, page three, items number 2. and 3. from attorney Bradley Smith; and further provided that the property be platted in its final stage by July 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 1993 20, 1994. Second by Staats. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. MOTION by McMenomy to go to Closed Session regarding the McDonough /Sunrise Litigation. Second by Willcox. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. Mayor McMenomy reconvened the regular meeting at 10:00 o'clock. Public Works Director Ron Wasmund reviewed the Schourliaris utility billing appeal. The Utility Commission has recommended denial after thorough research and testing of the meter. Wasmund stated he was willing to negotiate to dismiss some penalties in the amount of $95.00 and apply a sewer credit for the underground watering system for $142.00. The actual water use would remain the same which is the average use for a family of four. MOTION by Willcox to table the Schourliaris' utility billing appeal until further discussion takes place. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: None. Parks and Recreation Director David Bechtold noted that an STP Federal grant had been applied for with matching grant funds for use in the Erickson Community Square. A park shelter in Erickson Community Square, near city hall, and trail to and from Highway 3 to the shelter with lighting is proposed. Council thanked Director Bechtold and staff for their hard work on this application. Mr. Cy Smythe, Labor Relations, Inc., addressed the Council in regard to a new employee compensation system. The comparable worth points will not be available until November, 1993 and Smythe recommended that he should not develop a new compensation system until the points are approved by Council. Because of the two -year labor agreements with the City's three unions, it may be 1995 before the new system is in place. MOTION by Willcox to add the bids and award sale of Bonds 1993A, 1993B, 1993C, and 1993D to the consent agenda as further discussion is not needed. Second by Klassen. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. MOTION by Willcox to approve the amended Consent Agenda including changes to the July 6, 1993 minutes as provided. Second by Staats. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. MOTION by Klassen to table the Lockler Stormwater Fee Complaint because the complainants were not able to be present. Second by Willcox. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. City Engineer Bud Osmundson introduced Paul Heuer, Mark Wallace and Dan Edgerton, engineering consultants of Bonestroo, Rosene, Anderlik and Associates for the East Rosemount Water and Sanitary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 1993 Sewer Study. Review of the sanitary sewer and water connections suggested for future development was made. A public hearing would be set in connection with approval of the City's Comprehensive Guide Plan to include this information. MOTION by Willcox to adopt the format of the ice rental contract and contract agreement for ice rental as presented by the Community Center Manager. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by Klassen to approve the Banquet Room Fees and Fee Policy for the Community Center. Second by Willcox. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. MOTION by Willcox to authorize the Chief of Police to seek qualified police officer candidates from the Minnesota Police Recruitment System (MPRS) for the purpose of hiring one police officer to begin employment on or about October 1, 1993. Second by Klassen. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. MOTION by Klassen to approve the Fixed Asset proposal from Valuation Resource Management, Inc. to provide the services as listed, not to exceed the $20,000 budgeted from the combined funds, and to approve the expenditure of $12,000 from the CIP fund account number 202- 49002 -01 -530. Second by Willcox. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to table the next two items in regard to authorization for posting and advertising for a Maintenance Level I and II positions. Second by Staats. Ayes: McMenomy, Staats, Willcox. Nays: None. Present: Klassen. Motion carried. MOTION by Klassen to table the issue of the Empire Comprehensive Plan until the Special City Council meeting on Monday, July 26,. 1993. Second by McMenomy. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. MOTION by Willcox to go to Closed Session regarding the condemnation proceedings for easements for utilities for the Armory /Community Center on property by Rosemount Woods, owned by NHD Properties, Inc. Second by McMenomy. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. Mayor McMenomy reconvened the regular meeting at 11:25 p.m. MOTION by Willcox to adjourn the meeting. Second by McMenomy. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. The meeting was adjourned at 11:27 p.m. Respectfully submitted, nvICC/ L767 Linda Jentink, Recording Secretary 1 1 ATTEST: teph. Jilk, ty Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 1993 The City Council Agenda Packet is Clerk's File 1993 23. 1 ROSEMOUNT CITY PROCEEDINGS CLOSED EXECUTIVE SESSION JULY 20, 1993 Pursuant to due call and notice thereof a closed executive session of the City Council of the City of Rosemount was duly held on Tuesday, July 20, 1993, at 9:05 p.m. in the Council Lounge at Rosemount City Hall. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, and Willcox. Also present was City Administrator Jilk and City Attorneys Kent Harbison and Rich Ostlund. The purpose of the meeting was to discuss the litigation on the McDonough /Sunrise case. The decision of the Court of Appeals was a split victory. Stephan Jilk was dismissed from the suit; however, the City and Mayor McMenomy remained for due process. McDonough would next need to decide if he is interested in pursuing this to the Supreme Court. At this point, since McDonough no longer owns the property in question, there would not be any monitory gain. The two points most likely to be argued are the breach of contract and immunity issue. Since the Mayor was not sworn in at the time, his immunity is unclear and for this reason the Supreme Court may be interested in hearing the issue. Consensus of the Council was to advise Attorney Ostlund to negotiate an out of court settlement which would minimize attorney fees. MOTION by Willcox to authorize Attorney Ostlund to negotiate a settlement at his discretion with McDonough and his attorney. Second by Staats. Ayes: Willcox, Staats, Klassen. Nays: None. Present: McMenomy. Meeting adjourned at 9:50 p.m. Atte Stepha Jilk City dministrator Respectfully submitted, (X6,/Z ,a6ClAS7 it ;1 _J Linda Jentink Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS CLOSED EXECUTIVE SESSION JULY 20, 1993 Pursuant to due call and notice thereof a closed executive session of the City Council of the City of Rosemount was duly held on Tuesday, July 20, 1993, at 11:05 p.m. in the Council Lounge at Rosemount City Hall. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, and Willcox. Also present was City Administrator Jilk, Public Works Director Wasmund and City Attorney Miles. The purpose of the meeting was to discuss the condemnation proceedings for easements for utilities for the Armory /Community Center on property by Rosemount Woods, owned by NHD Properties, Inc. Public Works Director Wasmund reviewed the utility project with Council. All home owners parcels requiring easements have been verbally resolved. NHD Properties claims there is commercial value to the front lot abutting TH 3. It is zoned green space. It will go to court on Friday, July 23, 1993 for quick take condemnation. If appealed, three Dakota County Commissioners will be called to decide the outcome. The City of Rosemount can request certain Commissioners. Commissioners suggested to request were: Dick Heinen, Ken Gingel, and Tom Metzen. MOTION by Willcox to adjourn. Second by McMenomy. Ayes: 4. Nays: None. The meeting was adjourned at 11:27 p.m. Attes. Step .n Jilk City Administrator Respectfully submitted, At I t Cei2 Linda Jentink Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 26, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, July 26, 1993, at 6:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. Mayor McMenomy led the audience in the Pledge of Allegiance. City Administrator Stephan Jilk presented for Council discussion the first draft of the 1994 general fund operating budget. Discussion by Council included the members giving their priorities for 1994 funding and some suggestions on ways to cut the budget. Some of the priorities mentioned were street reconstruction, funding street reconstruction through the CIP budget or through a transportation utility fee, fire hall and aerial truck, funds for snow and ice removal, trails on Highway 3 for the Community Center and Erickson Park and funding for an Erickson Park shelter. Administrator Jilk advised that the county has indicated that 4 percent of the 11 percent increase in the city's valuation as of April 1, 1993 is due to increased value in existing property before new construction. This means that an increase in total levy by 7 percent could be absorbed by additional valuation brought on by new construction. It was suggested from Council that the city's levy remain the same as in 1993 or increase no more than 3 Council agreed further discussion needed to be held on possible areas to cut. Council agreed to hold future meetings to discuss the budget on August 16, 1993, at 6:00 p.m. and August 30, 1993, at 6:00 p.m. Director of Planning Lisa Freese presented a draft letter for Council approval to be sent to Empire Township regarding the Township's Comprehensive Plan. MOTION by McMenomy to approve the comment letter as drafted regarding the Empire Comprehensive Plan and forward it to the Township officials and the Metropolitan Council. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by McMenomy to adjourn. SECOND by Staats Ayes: 5. Nays: None. Respectfu ly submitted, ATTEST._ 1 "sh, City Clerk S ep an ilk, A. j'nistrator The Cit Council Benda Packet is Clerk's File 1993 -24. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 3, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, August 3, 1993 at 7:30 p.m. in the Council Chambers at Rosemount City Hail. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, Willcox, and Wippermann present. Staff present were Aker, Freese, Jilk, May, Miller, Osmundson, Topitzhofer, Walsh, and Wasmund. Also in attendance was City Attorney Miles. Mayor McMenomy led the group in the Pledge of Allegiance. Changes to the agenda included removing 3. b) CMC Development per their request; adding 3.c) Thanks to Leprechaun Days Committee and Volunteers and Mayor's Report Parking Concern. Kevin Carroll, representing S.O.A.R., reported on the site selection for expansion of the Twin Cities Airport. Hastings site No. 3, which is south of the city of Hastings, was selected by the Metropolitan Airport Selection Committee. An Alternative Environmental Document (AED) on the impact on the environment and a public hearing will proceed. In January Metropolitan Council will consider adopting the AED. And then in the spring it would go to the Minnesota Legislature. A Hog Roast fund raiser for S.O.A.R. will be September 26 in Hastings. Klassen commended the Dakota County representatives and their hard work on the selection of a site. It was very difficult. There are still many hurtles to go over before the airport would become a reality. And there are still many people that will continue to resist the building of a new airport. Planning Director Freese reviewed the Shannon Pond Phase I Development Contract. The City Engineer has approved the plans and specifications and cost estimates. MOTION by Wippermann to authorize execution of the Development Contract for Shannon Pond Phase One. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Klassen presented a letter which thanked the Leprechaun Days Committee and volunteers for a wonderful celebration. The shorter number of days did not lessen the enjoyment. The addition of the "Taste of Rosemount" was great. MOTION by Klassen to publish this letter of thanks to the Leprechaun Days Committee and volunteers in the local papers as a letter to the editor for the Leprechaun Days celebration. Second by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Item 4.h) Expenditure for Aerial Repairs was pulled from the Consent Agenda for discussion under Old Business. MOTION by Wippermann to approve the Consent Agenda with Item 4.h) Expenditure for Aerial Repairs pulled for discussion. Second by 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 3, 1993 Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Planning Director Freese gave an update on Metropolitan Council's review of the City's Comprehensive Guide Plan. There may be three square miles that are in violation of the sewer regulations. The land need /demand issue is being considered and additional meetings continue with Metropolitan Council. The Metropolitan Council is also examining whether or not the City is in conformance with the agricultural and on -site system policies. City Engineer Osmundson received five bids for City Project 239 for improvements to T.H. #3. The low bid was received from Hardrives, Inc., Plymouth, Minnesota. Also a cooperative agreement with the Minnesota Department of Transportation will help fund this project. MOTION by Wippermann to adopt A RESOLUTION RECEIVING BIDS, TRUNK HIGHWAY #3 IMPROVEMENTS, CITY PROJECT #239. Second by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Wippermann to adopt A RESOLUTION AUTHORIZING A COOPERATIVE AGREEMENT WITH MNDOT FOR TRUNK HIGHWAY #3 IMPROVEMENTS, CITY PROJECT #239. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Public Works Director Wasmund reported that the bids received for removal of fuel tanks were much higher than anticipated. There is not enough budgeted for this fuel tank removal or replacement so alternatives were discussed. A phasing approach will be considered at a later date. MOTION by Klassen to reject the bids as received on July 23, 1993 for the removal and replacement of fuel tanks at the maintenance facility. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Public Works Director Wasmund brought back this item for direction on the Maintenance II position which was vacated by the retirement of George Romo. Mayor McMenomy did not agree on filling the position. MOTION by Klassen to authorize the posting and advertisement of a Level II Maintenance Worker for the Utility Division and to proceed with the hiring process by bringing a recommendation to Council. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: McMenomy. Motion carried. Wasmund recommended a new position that was budgeted for in the 1993 Operating Budget so that better service could be obtained especially for street maintenance. There are 18 miles of gravel roads now and an additional 6.61 miles of roads have been added. Willcox noted that cross training other workers would be better. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 3, 1993 Klassen noted, as the memo states, "This position also helps with park maintenance, so cross training does occur." McMenomy thought other alternatives could be tried. MOTION by Staats to authorize the posting and advertisement of a Level I Maintenance Worker for the Street Maintenance Division and to proceed with the hiring process with the start date to be no sooner than October 1, 1993. Second by Klassen. Ayes: Klassen, Wippermann, Staats. Nays: Willcox, McMenomy. Motion carried. Director Wasmund reviewed the Lockler Storm Water Utility Complaint regarding the water level of White Lake near Bacardi Avenue and 128th Street West. Mr. Lockler has spent thousands of dollars to raise the level of his backyard and put in a retaining wall which was approved by the City and the Department of Natural Resources (DNR). Staff recommends acquiring the necessary easements and permits with the DNR and direct the water north 400 feet along Bacardi Avenue and then east to a natural ponding area. This project will allow White Lake to be maintained at or below the ordinary high water level established by the DNR. MOTION by Willcox to have the Public Works Department find out the total cost for obtaining easements with appraisals, estimates and agreements for storm water utility drainage for White Lake. Second by Wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Fire Chief Aker reported on the repair of the 1972 Aerial Truck. Mayor McMenomy questioned the continued repair of this truck. Chief Aker said this fire truck has not been used this year in an actual emergency because of its unreliability. Rosemount has mutual aid with surrounding cities for assistance, but this does not include sharing of another city's aerial truck. Council requested Chief Aker to look at a special agreement with a city for aerial truck assistance and report back to them. The Mayor noted he could not recommend any further repairs to this fire truck. MOTION by McMenomy to authorize the fire department to pay the bill in the amount of $965.20 to Emergency Maintenance Apparatus for repairs to the aerial truck with monies to come from Account #101- 42210 -01 -229. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Mayor McMenomy called for a break at 8:35 p.m. and reconvened the meeting at 8:48 p.m. Economic Development Coordinator Miller gave a staff review of the Carlson Development Proposal which would include an anchor business of a 24,000 square foot grocery store. This development is located on the south side of County Road 42 next to the Subway Restaurant. It would include a major grocery store connected to several smaller stores totaling an additional 27,000 square feet. 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 3, 1993 The Port Authority is recommending City involvement with the city share of property tax only. This financing would be a pay -as- you-go and would not require any bonds hence no financial risk. Tom Hyberg represented the Carlson's and gave an overall presentation of the development featuring Jubilee Foods as the anchor grocery tenant. The development would supply over 37 full time positions and over 100 part time positions. It would increase the tax base and add service oriented shops for the residents of Rosemount. Councilmembers suggested that a market study for the area doesn't show a strong market for retail and that it would be a risk, if not for the City, for the developer. Ron Carlson and Rich Carlson reviewed their many efforts to try to develop this land. Carlson believed it would be a benefit to Rosemount. Harold Wachter originally sold this farm land to be developed and he commented that he would like to see the tax base of the City increased. Mike McNamara, a businessman here and in Apple Valley noted that growth makes more growth and business begets more business. Lloyd Johnson, employed by Super Valu as a developing specialist, represented John Miller, the new owner of the Super Valu grocery store in Rosemount. Johnson said it would be difficult for two grocery stores to survive in Rosemount. The large discount stores such as Cub and Rainbow draw the majority of Rosemount shoppers leaving only 15% that do shop in Rosemount. John Miller, new friends support his the expense downtown. owner of Super Valu, expressed his appreciation for and the opportunity to earn a living in Rosemount to family. He wants to see Rosemount grow, but not at of his business and possibly other established shops Cliff Carlson, Don Sinnwell, Marie Jensen and Tom Kirky offered comments regarding the development. MOTION by McMenomy to approve Port Authority financial participation in the Rosemount Village Square Project, not to exceed $250,000 in present value on a city tax abatement, pay as- you -go basis. The payments shall not extend beyond ten years. Lack of second. McMenomy withdrew his motion. Councilmember Wippermann said his poll of citizens and business owners resulted in good arguments for and against the City subsidizing this project, but the majority of comments received were against any funding by the City. City funds however should not cause primary businesses to go out of business. A retail study by McComb Group Inc. projected the amount of grocery store 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 3, 1993 space Rosemount could support by the year 2000 and this development would exceed that amount. Wippermann did not believe both grocery stores could survive, but if Carlson's wanted to go forward with their own funding he would not vote against that. Councilmember Willcox agreed the City should not fund this project and with the twenty year commitment from Jubilee Foods funding elsewhere should be easily had. City funding should help the residents as a whole and not duplicate businesses in place. Councilmember Klassen shared that this funding vehicle is untried. Klassen believes the retail market is soft but she would not stand in the way of the Carlsons' development without city funding. Councilmember Staats believed County Road 42 has to be developed, however, city financing is not needed. There will always be competition, that can't be avoided. A business should stand on its own. Staats would not be in favor of the Carlson's proposal as presented. Mayor McMenomy would support the Carlsons' proposal because of the tax base increase and job opportunities provided. McMenomy believed the City wants to grow and with further residential developments taking place additional businesses will be needed. McMenomy hopes the Carlsons will go ahead with their project. Mayor McMenomy called for a break at 11:15 p.m. The meeting reconvened at 11:25 p.m. Councilmember Willcox left the meeting. Economic Development Coordinator John Miller reviewed the Business Park land purchase. The Roy Abbott property being considered is the land southeast of the intersection of Highway 3 and County Road 42. Documents will be drafted for consideration at the August 17, 1993 City Council meeting. Planning Director Freese reported that two Planning Commissioners have submitted their resignation because of job related complications. MOTION by Klassen to accept with regret the resignation of Commissioners Gundacker and McDermott and to proceed with the Commissioner selection process as outlined. Second by Staats. Ayes: McMenomy, Staats, Klassen, Wippeiivann. Nays: None. MOTION by Klassen to approve the job descriptions and salary ranges for Assistant Community Center Manager, Building Maintenance Supervisor, and Rental Coordinator; and to authorize posting and advertisement for these three positions. Second by Staats. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: None. City Administrator Jilk related the recommendations of the Utilities Commission regarding the 1992 Cable Act passed by 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 3, 1993 Congress. This would allow cities to participate in regulating the fees of local cable companies. In review, little benefit would be received by the City's involvement and if at a later date interest would be shown, involvement could proceed. No action was necessary at this time. Administrator Jilk announced the National League of Cities Annual Conference to be held in Orlando, Florida in December. Funds were not budgeted for any national conferences this year and Council opted not to attend. Customer Relations were discussed by Administrative Assistant Walsh. Walsh requested approval of funds tor Frank Quisenberry to conduct in -house training workshops for employee customer relations training. MOTION by Klassen to hire Frank Quisenberry to conduct employee customer relations training for a fee of $2400 with $1500 to be spent from account 101- 41320 -01 -307 and $900 to be spent from account 101- 41110 -01 -598. Second by Wippermann. Ayes: Klassen, Wippermann, Staats. Nays: None. Abstain: McMenomy. MOTION to table the authorization for an Agent of Record for the City's health, dental and flexible spending programs Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: None. The Mayor's Report by Mayor McMenomy noted a resident's concern for the road improvements on Highway 3 which will not allow parking on Highway 3 between 145th Street West and 147th Street. MOTION by McMenomy to direct the City Administrator to investigate potential uses and costs of utilization of the Navy base lands and facilities and to update the Council on this matter in 120 days. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: None. Administrator Jilk introduced six goals to improve customer services to the community. These goals are: publish a "Community Handbook have continued customer service training programs; develop an in -house customer service /complaint system; have a tracking system for staff; have a monthly column in the ThisWeek paper on new codes and procedures; and have "informational seminars" for businesses and developers to inform them of codes and regulations. Jilk expected to further develop these with cost estimates in thirty days. MOTION by Klassen to approve in concept the proposed Customer Relations Program recommended by the City Administrator. Second by Wippermann. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: None. 1 Mayor McMenomy opened the Closed Session regarding the Public Works Contract to begin at 11:45 p.m. Mayor McMenomy reconvened the regular meeting at 12:01 am. MOTION by Wippermann to approve the contract with the Public Works Union for 1993 1994 as outlined in the City Administrator's memorandum. Second by Klassen. Ayes: Wippermann, Staats, Klassen. Nays: McMenomy. MOTION by Klassen to adjourn. SECOND by Wippermann. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. The meeting was adjourned at 12:05 a.m. ATTEST: Ste Cit OK/ an Jilk/ Admini- rator Respectfully submitted, Linda JentinTc, Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -25. 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 3, 1993 1 1 Pursuant to due call and notice thereof a closed session of the City Council of the City of Rosemount was duly held on August 3, 1993 in the Council Lounge at City Hall. Members of the Council present were Mayor McMenomy and Councilmembers Klassen, Staats and Wippermann. Councilmember Willcox was absent. Also in attendance were City Administrator Stephan Jilk and Administrative Assistant Susan Walsh. The purpose of the meeting was to discuss the proposed labor agreement with the public works union for 1993 and 1994. Jilk and Walsh reviewed contract changes made since the last closed session with the City Council. Administrator Jilk advised the union representatives have tentatively agreed to all the proposed changes as outlined in his memorandum dated July 31, 1993. Discussion was held by Council on various items of the contract. MOTION by Klassen to adjourn the closed session. SECOND by Staats. Ayes: 4. Nays: 0. Attest 1 Stepha Jilk, 'ty Administrator ROSEMOUNT CITY PROCEEDINGS CLOSED SESSION AUGUST 3, 1993 Respectfully subm tted, Susan M14alsh, City Clerk The City Council Agenda Packet is Clerk's File 1993 -25. 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 12, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Thursday, August 12, 1993, at 6:40 p.m. in the Council Lounge at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Staats, Wippermann and Klassen present. Staff present included Administrator Jilk and City Attorney Miles. The purpose of the meeting was to clarify the August 8, 1993 presentation of Carlson Properties: Rosemount Village Square Project. Mayor McMenomy felt the public meeting went poorly and that Carlsons deserved a chance to discuss their development in an informal setting. No action by Council would be taken tonight. Attorney Miles said it was appropriate for the Mayor to call a meeting. Ron Carlson, Rich Carlson, and Tom Heiberg addressed the Council. Ron Carlson gave the history of the property located on County Road 42 and the project, Rosemount Village Square. In 1980's several developers were interested in the property but for various reasons no project ever proceeded. In 1991 the Rosemount Economic Development Authority showed interest in providing economic assistance to encourage development of the site. Rich Carlson reviewed trade area data and consumer spending available in Rosemount. He discussed the percentage of the market being taken by the local Super Valu store and that the need is here for another "market store Tom Heiberg noted that the property taxes for the proposed project would produce $40,000 for the City. A funding mechanism, Local Effect Tax Increment Financing, was suggested. Klassen asked if something shouldn't be offered to the existing businesses as well. Willcox said it would be alright to offer the infrastructure but not a subsidy. Mayor McMenomy supported the project when considering the long range plan which shows the population growing. This increase in population would be able to support additional retail. According to the study 85 percent of Rosemount residents shop elsewhere and more of this market should be able to be recaptured. Some of the reasons for hesitating to approve city fund participation in the development were: 1) concern that a new grocery store would survive, 2) can't compete with warehouse type grocery stores offered in nearby communities, 3) the City of Rosemount should not provide funding for competitive businesses, and 4) lack of review of market study. Tom Heiberg noted three options: 1) Rosemount Village Square will not happen without special funding, 2) Carlsons will consider a theater or fast food business, or 3) development of an 18 acre site with a theater. 1 1 There was general discussion that the Carlsons should resolve the development on their own. The City would review any project proposal submitted. MOTION by McMenomy to adjourn. SECOND by Willcox. Ayes: 5. Nays: None. ATTEST: E. B. McMenomy, Mayor ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 12, 1993 Respectfully submitted, Stephan Jilk, City Administrator The City Council Agenda Packet is Clerk's File 1993 -26. 2 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 16, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, August 16, 1993, at 6:00 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Staats, and Klassen present. Coucilmember Wippermann was unable to attend. Staff present were: Aker Bechtold, Freese, Jilk, Knutson, May, Walsh, Wasmund. Lucy Holzer was present from the Rosemount Chamber of Commerce. Mayor McMenomy led the audience in the Pledge of Allegiance. City Administrator Stephan Jilk presented for discussion the second draft of the 1994 general fund operating budget. Revisions were made as directed to emphasize street maintenance and repairs and reduce the proposed Parks and Recreation operations. Finance Director Jeff May explained the computational worksheet used to determine the levy amount for 1994. The Legislature changed the procedures for Certified Homestead and Agricultural Credit Aid and Fiscal Disparities Distribution Levy (Metro Area) so last year's levy can't be directly compared, item to item. The levy does reflect an increase of 10 in the overall levy before the credits are deducted. Dakota County will not have final figures available for two weeks to determine levy amounts. May noted he has checked with several other cities and found they have also experienced a decrease in levy for 1994. Director May also noted that the Assessment Inventory is being conducted this week and this may increase the assessed value of the City which would change the tax capacity. Each department head reviewed the major items of their operating budgets. Some options need to be considered for the Capital Improvement Projects (CIP) Budget in 1994. The city has experienced growth and expanded services are needed. City Administrator Jilk recommended considering a plan to spread the funding over a five year plan and allocate that to the CIP Budget. The next budget meeting is to be held Monday, August 30, 1993, at 6:00 p.m. MOTION by McMenomy to adjourn. SECOND by Willcox. Ayes: 4. Nays: None. Respectfully submitted, Linda Jentink Recording Secretary 1 1 ATTEST: Step :n Jilk, �r; ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 16, 1993 The City Council Agenda Packet is Clerk's File 1993 -27. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, August 17, 1993 at 7:30 p.m. in the Council Chambers at Rosemount City Hall. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, Willcox, and Wippermann present. Staff present were Aker, Bechtold, Freese, Jilk, Knutsen, Miller, Osmundson, Pearson, and Walsh. Also in attendance was City Attorney Miles. Mayor McMenomy led the group in the Pledge of Allegiance. An addition was made to the Agenda to introduce the Muller Family Theater, Inc. under Department Heads Report, 3. c. Lucy Holzer represented the Rosemount Chamber of Commerce with an update to City Council. Holzer was pleased with the communication between the Government Action Committee and City Hall. They met with Stephan Jilk, City Administrator, who clarified the questions that the Committee had on budget items. New members are being sought for this Committee. There is a fund raiser going on at the Renaissance Fair, volunteers are welcome. The banner display used during Leprechaun Days was very successful. Planning Director Lisa Freese introduced Wayne Delfino from CMC Heartland Developers. Mr. Delfino introduced Reid Hansen who gave an update on the development project. Hansen listed six items which have to be accomplished in order for the development to continue. These items are: 1) Approval of the Comprehensive Guide Plan by Metropolitan Council; 2) approval of the number of sewer hook ups; 3) relocation of the SOO Line Rail spur; 4) Tax Increment Financing available to relocate the rail spur; 5) divert ponding water to Business Park area; and 6) obtain County Road 42 access. Development is scheduled to begin as soon as possible in 1994, any delays may cause loss of profit. Hansen also announced that CMC Heartland has entered into a purchase agreement for 223 additional acres for development in Rosemount. MOTION by McMenomy to support in concept the development by CMC Heartland Developers and work specifically on the items in the letter of August 10, 1993 from CMC Heartland and have city staff keep the City Council updated. Second by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by Klassen to approve the Consent Agenda with an amendment to the minutes of August 3, 1993. Second by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy called for a five minute break prior to the public hearing. The meeting was reconvened at 8:00 p.m. Mayor McMenomy continued the Public Hearing for the Zoning /Subdivision Ordinance Text Amendment from the original 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 1993 loss to property. He agrees with the 30' setback for pipelines. Willcox would agree to grandfather in CMC. Councilmember Klassen said that flexibility is built into the planning system. If hardship can be proven, then variances can apply. CMC is not boxed in if they work with the PUD. The Planning Commission gave a great deal of thought to the safety issue and she supports their recommendation. The criteria included in the ordinance increases the livability for Rosemount for the future. Klassen saw no need to grandfather in CMC. Mayor McMenomy did not feel comfortable with what he believed to be an arbitrary 30' setback. McMenomy would prefer to exclude the pipeline easement issue from any approval of the zoning /subdivision ordinance changes at this time. He felt CMC should be grandfathered in since they have been working with the City for a long period of time. Councilmember Wippermann said the amended ordinance would have appropriate guidelines, if some feel exceptions are necessary the PUD process allows for that. There is never a perfect time for change, but because there are no preliminary plats now pending this would be a good time. Wippermann agrees with the ordinance changes that encourage lower population density. He did not feel CMC needed to be grandfathered in. Councilmember Staats noted that Williams Pipeline did repairs about seven years ago on his lot in Rosemount and they were able to stay within the sixty foot easement. A resident is able to put driveways and out buildings over the easements. He felt CMC should be grandfathered in. MOTION by McMenomy to close the public hearing for the Zoning /Subdivision Ordinance Text Amendment. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Wippermann to adopt ORDINANCE B -30, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE with the exclusion of the pipeline provisions. Second by Klassen. Ayes: Wippermann, Klassen, Willcox. Nays: McMenomy, Staats. The Ordinance was not adopted, a 4/5 vote was required under state statutes. Councilmember Willcox asked CMC to furnish a cost comparison showing how the implications of the ordinance would affect its development. CMC agreed. Bob and Mike Muller were introduced to City Council. They are encouraged and excited about the Business Park project and believe benefits in taxes, jobs, and encouragement to other businesses will be great for Rosemount. Muller's invited City 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 1993 July 20, 1993 public hearing. Affidavits of publication and notice were submitted at the July 20, 1993 hearing. Planning Director Freese introduced the Zoning /Subdivision Ordinance Text Amendment and noted that three developers are now in the beginning process of development in Rosemount. Only CMC Heartland Developers have responded to the changes of setbacks for utility easements. Pipeline safety is an issue especially since the recent incident in St. Paul where a residential service line was severed causing injury and property damage. The Rosemount ordinance goes one step beyond the requirements supported by the Pipeline Safety Report however, this study admittedly did not have enough conclusive evidence to provide further safety measures. If hardship occurs provisions are made for variances and Planned Unit Development (PUD) through the City Planning Commission. Previously plats approved are protected for two years for changes in the zoning and subdivision ordinances. Country Hills is an example of where a variance was granted for smaller set backs than is standard. There are no preliminary plats now pending. This would be an opportune time to make a change which the Planning Commission recommends as beneficial for the safety of the residents of Rosemount. Reid Hansen, speaking for CMC Heartland Developers, objected to the ordinance changes because of the effect it would have on their project. CMC engineers reviewed the specific setbacks and buffer zones and found the plat would have to be changed, some lots would be lost, and it would severely impact the project. Hansen requested this development to be "grandfathered in" since they have been working with the City for almost three years regarding this site. Consultant Engineer for CMC, John Johnson, noted that a 66' wide easement for a pipeline should be considered for a front yard easement rather than just a backyard easement. Johnson felt the setbacks should be different for side, front or back property lines. City Engineer Bud Osmundson noted that front yard easements would be cost prohibitive because of the many service junctions required to cross the pipeline. Also, the pipeline is not always down the center of the easement and the pipeline company can move the pipe within the easement. Planning Director Freese said that pipelines are inspected often by airplane, that being one reason why no landscaping, swing sets, or structures can be in the easement. If building would be allowed up to the easement line, the property owner would in effect have no back yard except open space. City Administrator Jilk noted that if the setback is a safety requirement, why would you want it different for the front, back or side setbacks as requested by CMC? Councilmember Willcox noted that if a repair is required to a pipeline, the easement should be sufficient to allow large machinery in and not require the resident to entertain expense or ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 1993 Council to visit the East Bethel theater they own to see the quality they would provide for Rosemount. Administrative Assistant Susan Walsh reviewed local insurance agents as requested by City Council for the position of Agent of Record. None of the Rosemount agents handled health benefits which the city required. MOTION by McMenomy to authorize Jeffrey A. Azen of James Bissonett Associates as Agent of Record for the City's health, dental and flexible spending programs Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann.. Nays: None. Economic Development Coordinator John Miller presented the Project Plan and Project Budget for the Rosemount Business Park to City Council. The site is located southeast of Highway 3 and County Road 42. The land purchase agreement is with Roy E. Abbott. SEH, Inc. did a concept plan for the property showing a minor amount of infrastructure could start the business park. The concept plan provided many different types of lots available such as flat land for warehouse type, railroad availability, or high amenity lots with natural wildlife. Two reasons for doing the business park were the tax base increase needed and the downtown retail sales increase hoped for with an influx of employees or customers going regularly to these businesses. In the last five years there have been very few new businesses coming into Rosemount. The Port Authority wanted to change this. Many businesses showed interest in building in Rosemount but there were no lots available with sewer and water or zoning which could be ready in six months, so they went elsewhere. Another source of income for financing the business park would become available because of the stormwater runoff needed for the CMC Heartland Developers site just north of the business park. This would allow CMC to buy drainage rights rather than take lots away from their development and make a drainage pond which would also take away residential tax base from Rosemount. Miller said there is risk involved for this business park because there are no guarantees any project will proceed as hoped. The Port Authority has analyzed all aspects of these possibilities and recommends the purchase of the Abbott property for the establishment of the Rosemount Business Park. Klassen and Staats believed the business park should be separated from the theater purchase. Miller reasoned why the government needs to be involved at all with the business park. The tax structure in the state of Minnesota makes it virtually impossible for the private sector to see a profit from a business park. Almost all cities are 4 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 1993 involved financially with attracting and developing new businesses. The City, however should not go in competition with the private sector retail businesses. Light industrial, service oriented, office businesses and a motel are foreseen for the business park. Wippermann noted that the issues are related. However, certain projects shouldn't be held hostage. The current purchase agreement has enough safety measures in it to go ahead. MOTION by McMenomy to approve the implementation of the Rosemount Business Park contingent upon completion of a development agreement of a theater with a purchaser of a least ten acres of land for immediate development. Second by Wippermann. Discussion followed. Motion withdrawn. Second withdrawn. MOTION by Wippermann to approve the purchase agreement entered into by the Port Authority for the property known as "The Rosemount Business Park" owned by Mr. and Mrs. Roy Abbott. Second by McMenomy. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: Willcox. Councilmember Willcox expressed concern with the cash flow charts provided for the business park. Administrator Jilk will review these for clarification. A special meeting will be set up for the Port Authority and City Council to discuss development issues. Fire Chief Scott Aker reviewed the purchase of communication equipment and reprogramming of the dispatch software for the Fire Department. This will make Rosemount's equipment compatible with the Dakota County and Eagan dispatch. Funding was budgeted for this purpose in 1993. MOTION by Staats to authorize the Fire Department to purchase radio equipment and re- program radio equipment as is listed in the attachment, with the $15,600 to come from account 202- 49002- 01 -531. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Police Chief Knutsen explained a study to begin which will determine the benefits of combining all seven public safety dispatch centers within Dakota County. MOTION by McMenomy to authorize the City of Rosemount to enter into a Joint Powers Agreement for the study of feasibility of consolidated public safety communications services and to approve payment of $912 as Rosemount's contribution towards this study. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Klassen to set a public hearing on September 21, 1993, at 8:00 p.m., or as soon thereafter as possible, to consider increasing certain non- intoxicating and intoxicating liquor 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 1993 license fees. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Parks and Recreation Director Bechtold announced that Jane Mollman, Program Director, submitted her resignation in order to care for her daughter, Bethany, full time. MOTION by Klassen to accept the resignation of Jane Mollman with regret, from the position of Program Director and to assign Lacelle Cordes to fill that position on an interim basis from August 30, 1993 through February 28, 1994 with full pay and benefits afforded to that position. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Klassen to adjourn. Second by Staats. Ayes: 5. Nays: None. The meeting was adjourned at 10:15 p.m. ATTEST: Stephan Jilk, ��ty Administrator Respectfully submitted, (2,1c./ i 7 Linda Jentin Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -28. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 18, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Wednesday, August 18, 1993, at 7:00 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. City commissioners present were: Cathy Busho, Jay Baago, Joan Anderson, and Don Sinnwell; city staff members included City Administrator Jilk, Economic Development Coordinator Miller, and Planning Director Freese. An audience of approximately 40 residents attended also. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy introduced Bernie McGarrigle, Chair, Ena Cisewski, Vice Chair, and John Loch to present the final report and recommendations of the Downtown Scoping Committee to the Rosemount City Council. McGarrigle thanked the eleven member Downtown Scoping Committee for their time and determination and city staff, John Miller and Lisa Freese for facilitating much of the technical information needed. The task of the Committee was to study and recommend a plan for the use and development of the Downtown Area of Rosemount. The fact that Rosemount has a definite downtown location is a valuable asset to the citizens of Rosemount. This provides a municipal identity and sense of place many cities do not have. The Downtown is a gathering place; the seat of city government, worship, education, and trade. The Downtown exists for all ten thousand plus taxpayers in Rosemount and the appearance and condition of the Downtown can affect property values all over the city. With all this in mind, the Committee worked hard to develop the best recommendations for the needed standards and to give a direction for the future development of the Downtown. Ena Cisewski pointed out the two commercial districts recommended and their boundaries. (These areas are described in the report and are shown on the associated drawing.) The Downtown Area would be bordered on the east by the railroad, the west border would be one block west of Highway 3, north to Connemara Trail and south to County Road 42. An Associated Contiguous Commercial Area would run along County Road 42 south one block, bordered on the west by Shannon Parkway and the east by about two blocks further east of Trunk Highway 3. The Associated Contiguous Commercial Area would be zoned C -3. Most future retail development would be contained in these two areas. The Downtown Area would be pedestrian friendly with a basic layout of a campus type design to encourage people to shop and do business there. A walkway over CR 42 was recommended and a tunnel under TH 3 near the high school. Decorative lighting was recommend along TH 3 and CR 42 with landscaping to define the sidewalks and streets. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 18, 1993 The Committee encouraged the City Council to stay on track with the Erickson Community Square and Parks plan. John Loch noted that both long term and short term plans need to begin now. The City must get started now, but, City Council must decide to approve these recommendations in order for them to be followed. One resident noted the cleaning up of the weed problem, planting of flowers and placement of flags would be an inexpensive ways to start. City funding may encourage current businesses to improve the appearance of the Downtown now so more people are drawn to shop here. Once a "community pride" is established enforcement won't be needed. It was noted that if weed notices were issued, it would have to be in a consistent manner through out the city, not just the Downtown Area. A resident said that the discount stores in Apple Valley and surrounding cities like Rainbow, Cub, K -Mart, and Target will always draw people from the downtown retail. John Loch noted that what will draw people here is convenience and uniqueness. Specialty shops and restaurants are some businesses that could provide that uniqueness.. Also, parks or green space with beautiful displays of flowers, fountains, or statues will create interest points that will encourage people to spend time here. Some auto related business owners voiced concern for their future in the downtown. The Committee assured them businesses now in the Downtown Area would be grandfathered -in with no immediate changes needed. In the future, auto businesses would be directed to the Associated Contiguous Commercial Area for development by CR 42. No new auto related businesses would be allowed in the Downtown Area. Councilmember Staats left at 8:30 p.m. for a prior commitment. Chair McGarrigle said he hoped the City Council would adopt the Downtown Scoping Committee's Final Report and Recommendations and if further resident input was required that consideration of a referendum question be put to the residents. Mayor McMenomy asked for Council continent noting that he was not ready to adopt the recommendations tonight but would like to meet with the City's planning staff. McMenomy said he appreciates the substantial time the Committee spent and the difficult decisions it had to make. Councilmember Willcox said the report looks good. He is concerned for the aging population and their needs and wonders if the recommendations are flexible enough to direct development. Councilmember Wippermann noted that the recommendations are an excellent foundation. He has concerns for the C -3 zoning and would like to see a timetable formulated to incorporate in ordinance form the Plan's guidelines. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 18, 1993 Councilmember Klassen said she liked the report. She said, "The path is laid, we just have to walk down it." According to Klassen many reports and studies were considered. other towns toured, and information gathered on streetscapes and trail systems. The Community Center will be a boon to business. Development guidelines should be set up as soon as possible. Klassen requested that all department heads and commissioners receive copies of the Final Report and Recommendations. Input from them will help determine what they can do, both short and long term. Money is always a problem. Funding would need to be looked into and a referendum considered. Klassen commended the Downtown Scoping Committee for a good job. MOTION by McMenomy to accept the Final Report and Recommendations of the Downtown Scoping Committee and direct city staff and commissioners to review it and respond with an outline of assigned tasks and implementation strategies by the October 5, 1993 City Council meeting. Second by Klassen. Discussion ensued and Council agreed to amend the motion as follows: Further, City Council makes a commitment to respond to the Downtown Scoping Committee by the November 16th Council meeting. Councilmember Willcox indicated that he would vote to accept the report but he felt that the plan, as presented, was in no way ready for implementation and that additional information would need to be provided. Polling of the motion: Ayes: Wippermann, Klassen, Willcox, McMenomy. Nays: None. MOTION by McMenomy to thank all who served on the Downtown Scoping Committee: Karl Biewald, Ron Carlson, Ena Cisewski, Rita Gundacker, Reid Hansen, John Loch, Bernard McGarrigle, Diane Pinkert, Jean Riegert, Jean Ryan, and Ken Talbert. Second by Klassen. Ayes: Wippermann, Willcox, Klassen, McMenomy. Nays: None. City Administrator Jilk reminded those present that two positions remain open on the Planning Commission and asked any interested ones to please consider applying. Mayor McMenomy thanked the audience for their input and noted the applications for Planning Commission were available. MOTION by McMenomy to adjourn. Second by Klassen. Ayes: 4. Nays: None. The meeting was adjourned at 8:50 p.m. Respectfully submitted, Linda Jenti Recording Secretary 1 1 ATTEST: tepha Jilk, A. istrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 18, 1993 The City Council Agenda Packet is Clerk's File 1993 -29. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 28, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Saturday, August 28, 1993, at 7:45 a.m. in the Council Chamber at City Hall. Acting Mayor Wippermann called the meeting to order with Councilmembers Willcox, Staats, and Klassen present. Mayor McMenomy arrived at 8:30 a.m. City Administrator Stephan Jilk was also present. The purpose of the meeting was to interview candidates for the two vacancies on the Rosemount Planning Commission. Administrator Jilk discussed the process that would be used during the interviews. The interviews proceeded as scheduled for Ena Cisewski, William Droste and Mark DeBettignies. Discussion followed the interviews. The City Council's consensus was that the two finalists would be Bill Droste and Mark DeBettignies. Mark DeBettignies would fill the term ending January of 1996 and Bill Droste would fill the term ending January of 1995. Formal appointments will take place on September 7th at the regular City Council meeting. The meeting was adjourned at 10:05 a.m. ATTEST: Acting Mayor Wippermann Respectfully submitted, Stepan Jilk City Adminis rator Pursuant to due call and City Council of the City August 30, 1993, at 6 :00 Hall. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 30, 1993 notice thereof a special meeting of the of Rosemount was duly held on Monday, p.m. in the Council Chambers at City Mayor McMenomy called the meeting to order with Councilmembers Willcox, Staats, Wippermann, and Klassen present. Staff present were: Aker, Bechtold, Freese, Jilk, Knutsen, May, Topitzhofer, and Wasmund. Lucy Holzer and Marie Jensen were present from the Rosemount Chamber of Commerce, Cathy Busho from Planning Commission, and Don Sinnwell from Port Authority Commission. Also present was City Attorney Mike Miles. Mayor McMenomy led the audience in the Pledge of Allegiance. City Administrator Stephan Jilk presented for discussion the revisions to the second draft of the 1994 general fund operating budget and a copy of the first full draft of the five year CIP The proposed debt service levy and spread levy computational worksheet were also revised. Finally, a draft resolution was provided that would set the city's preliminary levy for 1994 and sets the public hearing dates of December 2, 1993 and December 15, 1993 at 8:00 p.m. Administrator Jilk pointed out that the operating costs had been reduced by $96,531, revenues had increased by $6,100, overall, certain Parks and Recreation programs had been shifted to the Community Center operations which reduced the Parks and Recreation Department needs by $78,267. A transfer of $70,000 of that savings would be made to the Community Center for covering the program costs. These changes would result in a 10.27% increase in the operating budget from 1993. The levy spread to the taxpayers is what affects the property taxes for residents. The preliminary levy is determined to estimate the highest cost the City will incur in its operations because City Council can reduce the levy, but can not increase it beyond what is certified to the Dakota County Auditor on September 15, 1993. City Council intends to reduce what is necessary and yet maintain adequate services such as street maintenance, police, and fire. The overall levy as presented would cause an estimated 4% increase on existing property, approximately 8% would be supported through new construction value, and the other 3% an increase in rate. Dakota County will not be able to provide us with an accurate tax capacity rate for 1994 until September 13. The Dakota County Auditor requires Rosemount to certify our levy by September 15. Discussion followed on the operations of the Community Center lead by Jim Topitzhofer, Community Center Manager. The National Guard has agreed to have the City maintain the entire facility and charge back to them for these services. Many details in fees, concessions, programming, and arena use have been decided by the Community Center Commission and approved by the City 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 30, 1993 Council since June. The Operating Budget has come together showing a $26,000 short fall for 1994. Councilmember Willcox commented that amount is not bad for start up costs. Councilmember Wippermann asked what the future looked like for the Center. Topitzhofer noted that revenues will have to increase significantly, more events and rental of space to cover the future debt service payments. Lakeville is building an arena so we don't want to out price the market and we do want to provide a top rate facility to keep business here. Councilmember Willcox referred to a report from the State Auditor's office comparing the per capita cost of cities in Minnesota. This showed Rosemount at $346 per capita, when the average is $286. Administrator Jilk noted that being ranked with densely populated suburbs is not appropriate for Rosemount. Klassen pointed out that Rosemount falls between the per capita of Apple Valley at $330 and Farmington at $554 in that report. Rosemount was ranked 49 out of 95 cities in Minnesota for tax capacity rate. Mayor McMenomy stated he wanted to keep the budget on the extra lean side, holding the increase to about 5 McMenomy approves of the increases in items for the Fire Department, Police Department, Public Works street maintenance and street lights, and the Insurance Budget increase. However, other items should be reconsidered and kept at last year's amounts. Councilmember Klassen was uncomfortable with equipment certificate bonds. Klassen noted that a letter to the residents may be helpful to explain the preliminary levy since the County will be sending notices of what expected property taxes may be to each property owner. Discussion ensued. The City Council's consensus was to approve the preliminary budget adding $60,000 to the proposed budget to cover needed subsidy for Community Center operation and additional CIP Funds and to continue discussions on the proposed budget prior to the December 2, 1993 public hearing. MOTION by Willcox to accept the Preliminary 1994 General Fund Operating Budget, based on the August 20, 1993 version showing a 15 increase. Second by Klassen. Discussion followed. Klassen rescinded her second to the motion. Willcox withdrew the motion. MOTION by Willcox to approve A RESOLUTION SETTING THE PRELIMINARY 1994 GENERAL FUND OPERATING BUDGET, THE 1994 C.I.P. BUDGET AND THE 1994 LEVY REQUIRED BY THE CITY OF ROSEMOUNT. Second by Klassen. Ayes: Wippermann, Staats, Willcox, Klassen. Nays: McMenomy. MOTION by McMenomy to adjourn. SECOND by Willcox. Ayes: Five. Nays: None. The meeting was adjourned at 8:32 p.m. 1 1 ATTEST: S epha Jilk, Adm strator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 30, 1993 Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -31. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, September 7, 1993 at 7:30 p.m. in the Council Chambers at Rosemount City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Klassen, Staats and Wippermann present. Staff present were Aker, Bechtold, Freese, Jilk, May, Osmundson, and Wasmund, Also in attendance was City Attorney Miles. Mayor McMenomy welcomed everyone and led the group in the Pledge of Allegiance. Additions to the agenda were made by Councilmember Klassen and Mayor McMenomy. Klassen added under Department Heads report: Recognition of Parks and Recreation Director Dave Bechtold in the August issue of the Minnesota Cities magazine, Item 3. e.; and Mayor McMenomy added discussion of a letter from Carlson Properties to the City Council, Item 3. f. Fire Chief Aker presented the Fire Department Semi Annual Report to the City Council. This report gave updated information on the membership, equipment, training, and noted an increase in the number of calls. Acceptance of the report is considered on the Consent Agenda. Community Center Manager Topitzhofer reported that the Community Center is on schedule for the construction and the policy making goals and regulations. A new Committee member is recommended for the high school representative, Shawn Ullrich. Shawn will be replacing Jon Ryan who is going to college. Councilmember Wippermann requested discussion on the advertising fees under New Business. Councilmember Klassen reviewed the selection of Site 3, nearest to Hastings, for the Metropolitan Airport Site Selection Committee. The Metropolitan Airport Commission however, does not agree with this recommendation, according to their Chair Mr. Schilling, and is still considering the Rosemount Site 6 because it is ten minutes closer to the Twin Cities. MOTION by Klassen to instruct the City Administrator to draft a resolution to send to the Metropolitan Airport Commission stating the reasons why the Rosemount City Council is opposed to Site 6 selection and supports Site 3. Second by McMenomy. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Planning Director Lisa Freese has had further meetings with Metropolitan Council on the Rosemount Comprehensive Guide Plan. Metropolitan Council has recommended a new plan with modifications, which remove the Year 2000 MUSA Map and accepts the Interim MUSA Map with a reduction in the total land designation for future MUSA use. Additionally, the City agreed to adopt a septic sewer system inspection program and to hold a public hearing to consider these changes. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 1993 Councilmember Klassen noted that Dave Bechtold, the City's Parks and Recreation Director, had been favorably quoted in regard to the new lighting at Jaycee Park in the August issue of "Minnesota Cities" magazine. New technology was used to reduce glare and insure non hazardous lighting. Congratulations for a job well done. MOTION by Klassen to approve the Consent Agenda with an amendment to the August 30, 1993 Special Meeting minutes and pulling Item 4. k. Advertising Policy for Community Center for discussion. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy called for a two minute break and reconvened the meeting at eight o'clock. McMenomy explained the procedure used to conduct public hearings. Staff will do a presentation and then allow the audience to ask questions or express opinions. Mayor McMenomy opened the Public Hearing for the Rich Valley Golf Course Rezoning Petition and Zoning Ordinance Text Amendment. The recording secretary had the Affidavits of Notice and Publication. Planning Director Lisa Freese reviewed the request of Ray Rahn as presented to the Planning Commission for building a 5000 square foot pole barn for his golf course. The size of the barn was greater than allowed for in a Agriculturally zoned area and the golf course is currently of nonconforming status. Rezoning to Public /Quasi Public would allow Mr. Rahn to proceed with his building plans and a separate agreement would be entered into to allow the house on the property to continue to be used in relationship to the golf course. Mr. Rahn's legal representative, Hap LaVander, presented the reasons for the rezoning request, but noted that the commercial building standards would cause too much expense and would not match the other out buildings. Neighbors and friends spoke in defense of Mr. Rahn's request. They felt the low visibility of the building and the industrial and agricultural surroundings would not require added esthetics for the building. MOTION by McMenomy to close the Public Hearing on the Rich Valley Golf Course Rezoning Petition and Zoning Ordinance Text Amendment. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Mayor McMenomy noted that Solberg Aggregate recently built a new building next to the golf course and was required to have it 50% faced with brick. Solberg is zoned General Industrial. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 1993 Councilmember Staats noted that on the other side of the golf course is the Waste Water Treatment Plant that has only metal buildings and is zoned Public. Councilmember Wippermann was in favor of a compromise. Building Official Ron Wasmund noted that the pole barn would be required to meet all building code standards. Councilmember Klassen suggested looking into different standards east of Akron which is consistent with other ordinances that have used that street as a line of demarcation between western and eastern Rosemount. MOTION by McMenomy to adopt Ordinance B -30 rezoning the Rich Valley Golf Course with a Zoning Text Amendment and providing with respect to this property an agreement regarding use of the house and exception to building requirements for a pole barn. No second. The Motion was rephrased. MOTION by McMenomy to adopt Ordinance B -30 rezoning the Rich Valley Golf Course to Public /Quasi Public from Agriculture and establishing golf courses as a permitted use in the P Public District excluding Section II. of the Ordinance as written. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Willcox to enter into an agreement with Ray Rahn with respect to the house remaining on the golf course property. Second by McMenomy. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. The Rich Valley Golf Course Appeal to Board of Appeals and Adjustment's Decision was withdrawn from the Agenda by Mr. Rahn's attorney, Hap Lavander. Mayor McMenomy opened the Public Hearing for AVR Inc. Pension Plan and Trust Rezoning Petition. The Affidavits of Notice and Publication were on file with the recording secretary. Planning Director Lisa FREESE reviewed the rezoning request for 14760 South Robert Trail to change it from C -2, Community Commercial to C -4, General Commercial. The intent would be to establish an automotive repair and related uses such as auto sales. The Planning Commission recommended denial of the rezoning since the building as currently zoned, can be reasonably used and if rezoned it would be rendered nonconforming for parking and setbacks. The site probably would not accommodate outdoor storage or parking of vehicles for sale or lease. Also, this type of use does not meet the long range plans or "vision" for the downtown. Gene Peterson, owner of AVR, Inc., who has entered into a contract with Arlyn Cope of Repairs, Inc. for the building, explained the use intended for the building. Arlyn Cope also ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 1993 stated that he would intend to continue renting to the businesses now using the building and just use the south end of the building for a garage and sales office. Cope also noted that he would not change the front appearance of the building except for maintenance type improvements. Attorney Miles noted that land use variances are not allowed in Minnesota. Director Freese said the 1989 updated City Ordinance did not permit automotive uses in a C -2 District. Building Official Ron Wasmund noted that building code issues would be the same for nonconforming uses. MOTION by Wippermann to close the AVR Inc. Pension Plan and Trust Rezoning Petition. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Klassen to deny the AVR Inc. Pension Plan and Trust Rezoning Petition based on the following findings: 1) the present zoning corresponds with the current utilization of the building; 2) rezoning would render the building nonconforming with regard to setbacks and parking; 3) the site is not conducive to outdoor auto repair or sales and equipment rental; and 4) the rezoning would not be consistent with current planning efforts and initiatives. Second by Wippermann. Ayes: Wippermann, McMenomy, Klassen. Nays: Willcox, Staats. City Council noted that AVR Inc. could proceed by using the Planned Unit Development (PUD) process. The Mayor suggested contacting neighboring properties to begin an "up grade" process with the PUD which may be able to be funded by Port Authority funds. MOTION by Willcox to continue the public hearing. No second. Motion withdrawn. MOTION by Willcox to direct staff to work with AVR Inc. and Arlyn Cope with a Planned Unit Development for 14760 South Robert Trail. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Mayor McMenomy opened the Public Hearing fox the Rosemount National Guard Armory /Community Center Rezoning Petition. The recording secretary had on file the Affidavits of Notice and Publication. Planning Director Freese reviewed the purchase of three parcels adjacent to the National Guard Armory /Community Center. The properties have been developed as a stormwater detention pond for the facility. The zoning was being changed from C -2 Community Commercial to PB Public /Quasi Public. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 1993 MOTION by Wippermann to close the Public Hearing for the Rosemount National Guard Armory /Community Center Rezoning Petition. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Wippermann to adopt Ordinance B -31 rezoning the three properties south of the National Guard Armory site from C -2 Community Commercial to PB Public /Quasi- Public.. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Mayor McMenomy called for a break at 9:30 p.m. The meeting was reconvened at 9:40 p.m. Mayor McMenomy introduced the Carlson's development interest and a letter they had sent to City Council and Port Authority. Carlson's commented that they were not against the Rosemount Business Park the Port Authority was proposing, however, the theater being placed on that site was not appropriate. They felt entertainment should not be incorporated into a light industrial business site. Also, safety should be a consideration; with the railroad and Highway 3 between the fast food places and theater, children would be at risk. Bill Muller, of Muller's Family Theater, Inc. did not wish to comment at this time. Mayor McMenomy noted that the Business Park Property Acquisition as on Agenda would be discussed with the Carlson's issues. Councilmember Klassen believed the Business Park could have more flexibility. Different uses could be established in different areas of the Park. Apple Valley's theater is located in a business park, next to other food, entertainment and office businesses. Klassen asked City Council to see this for what it is, competition between like businesses. The City should follow process as it has been and treat both projects fairly and equitably. Councilmember Willcox was in favor of the Business Park but not until a market strategy is in place. City Attorney Miles noted that City Council has already authorized the Port Authority to proceed with a purchase agreement on the Abbott property. The Agreement required environmental testing and a survey, yet to be obtained. The 45 day clause is up on September 10, 1993. When the survey is obtained there will be 14 days to review it. Councilmember Wippermann, also a member of the Port Authority Board, noted that the Port Authority felt comfortable that there is a market for easily obtainable land for businesses. Several businesses have approached the City to locate here and found land elsewhere because there were no lots available with utilities quickly. The City needs to get started. 5 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 1993 Staff was directed to continue as directed at previous meetings. City Engineer Bud Osmundson made a presentation of City Project 235, the 145th Street Reconstruction. Appraisals for Benefits were made lowering the assessment amounts in most cases from $3,228 to $2,000. A comparison was made of surrounding cities' street assessments showing the single family home assessment averaging to about $2,000. Mary Hynes, 3405 W. 145th Street, submitted a letter against the assessment because it would not add to the value of her property. City Council considered her concerns. Ken Gist, 3400 144th Street West, noted the new curve of the road would endanger his residence and family. Under poor weather conditions or fast speeds, as high school drivers have been known for, chances for a vehicle to crash into his garage are very high. Gist protested paying for an assessment for creating safety hazards and lowering his property value. He requested that his garage be moved at least 3 feet to allow for safety. Engineer Osmundson noted that these assessments would not be assessed until the fall of 1995. MOTION by Klassen to modify the pending assessments for City Project No. 235 as per the memo to City Council from City Engineer Osmundson dated August 19, 1993. Second by Wippermann. Ayes: Klassen, Willcox, Wippermann, Staats. Nays: McMenomy. Councilmember Willcox left the meeting at 10:30 p.m. MOTION by Klassen to appoint Mark Debettignies to a term expiring 1 -31 -96 and William Droste to a term expiring 1 -31 -95 on the Rosemount City Planning Commission. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: None. Consideration was made for a special meeting of the City Council and Port Authority regarding current development projects. The proposed date of September 20 was not available for all of the Council. Staff will suggest an alternate date upon review. City Administrator Jilk noted that the City Attorney's contract with the law firm of Fluegel, Moynihan and Miles expires on December 31, 1993. The firm provides legal prosecution, general services, and property acquisition and condemnation services for the city. Council said possibly the newly elected Councilmembers should determine to rehire this firm or go through a bid process. Klassen would favor re- appointment of this firm, citing consistency as being very important. MOTION by McMenomy to table the hiring of Fluegel, Moynihan and Miles, P.A. for further consideration. Second by Staats. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: None. City Administrator Stephan Jilk suggested salary adjustments to non union employees for 1993 be made. The Police Department and Public Works have settled their contracts. The non union and ASFCME union are the two remaining groups to be settled. The City is now in negotiations with ASFCME. Mayor McMenomy read a letter from local governments to refrain from government employees. Administrator Jilk noted that the 3.1% in the last year. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 1993 Governor Arne Carlson reminding increases in salaries for cost of living has increased MOTION by Wippermann to approve cost of living salary adjustments for non union employees for 1993 as follows: City Administrator and Department Heads 2%, mid management positions 2.25% and other non union employees (Personnel Secretary and Assistant Parks and Recreation Director) 2.5%. Second by Klassen. Ayes: Staats, Klassen, Wippermann. Nays: McMenomy. Community Center Manager Topitzhofer reviewed the Advertising Policy and clarified that the manager has some flexibility to change fee amounts or use a bid process as best suited as opportunities open up. MOTION by Wippermann to approve the Advertising Policy and contract forms for the Community Center and allow the Community Center Commission to use the bid process as they deemed appropriate. Second by Klassen. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: None. MOTION by McMenomy to adjourn. Second by Klassen. Ayes: 4. Nays: None. The meeting was adjourned at 11:08 p.m. ATTEST: n Jilk eph ft 7/ !ty Administrator Respectfully submitted, C. Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -32. 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, September 21, 1993 at 7:30 p.m. in the Council Chambers at Rosemount City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Klassen, Staats and Wippermann present. Staff present were Bechtold, Freese, Jilk, Knutsen, Osmundson, Pearson, Topitzhofer, Walsh, and Wasmund. Also in attendance was City Attorney Miles. Mayor McMenomy welcomed everyone and led the group in the Pledge of Allegiance Councilmember Klassen made an addition under Department Heads Report for the Tractor Pull Announcement, Item 3.c. Item 4. q. Fire Department Relief Association Past Funding Review was pulled for additional information. Item 4. s. Community Center /Armory Construction Pay Estimate Request was revised to the total amount of $22,170.51. City Administrator Jilk added Item 11. Administrator Resignation. Kevin Carroll gave an update on SOAR and the Metropolitan Airport Commission (MAC). Mr. Schilling, Chair of MAC, was fired by Governor Carlson, appointing someone who was neutral on the issue of a new airport. The option of "home buy out" was approved for residence near the northwest boarder of the Twin Cities Metropolitan Airport. The site selection was decided in favor of the Hastings Site 3; an environmental impact study will be conducted. Nigel Finney is willing to have a workshop in Dakota County for all city governments in Dakota County. Direction was given to Administrator Jilk to contact Mr. Finney and offer the Rosemount City Hall for a workshop on the airport location and impact. A fund raiser Hog Roast for SOAR was scheduled on September 26, 11 am 4 pm, at the VFW in Hastings on Highway 61. Councilmember Wippermann, acting as city liaison to the Rosemount Chamber of Commerce, reported that a committee is forming to 1) enhance the corridors into Rosemount; 2) coordinate the decorations for the Christmas season; and 3) have involvement in the Ringette Tournament. There will be a Candidates Forum on October 12 at 11:45 am at City Hall. Many positive expressions have come from the business people. Cathy Busho gave a concluding report on the Leprechaun Days celebration. Busho thanked Mike Widstrom from Public Works and Rick Cook from Parks Recreation and their crews for the hard work that really helped make Leprechaun Days successful. Sue Walsh, Administrative Assistant and Steve Jilk, City Administrator were very instrumental in the arranging the use of the City Hall parking lot. Additional help was given from the Police Department, Fire Department, and Lisa Jost and staff in the Parks and Recreation Department. The city hall receptionist, 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1993 Cheryle Coughlin, directed many calls for Leprechaun Deb Marthaler organized the parade again. Thank you to all the local businesses chat contributed! Mayor McMenomy added his thanks and that of the City Days events. to all and Council's. Councilmember Klassen announced the Tractor Pull which had been postponed from the Leprechaun Days event. It is to be held on October 2, 1993, at 1:30 p.m. at the VFW. Klassen will be in the celebrity event challenging Councilmember Wippermann who now holds the traveling trophy from last year. Others are encouraged to participate and come and watch. MOTION by Wippermann to approve the Consent Agenda moving Items 4. h., i., and x. for discussion under Old Business and pulling Item. 4. q. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Mayor McMenomy proclaimed the Week of October 3 through 9, 1993 as Fire Prevention Week in Rosemount. The slogan "Get Out, Stay Out" is your fire safe response theme. This commemorates the 1871 Chicago Fire. Mayor McMenomy gave an overview of the Public Hearing process. Mayor McMenomy opened the Public Hearing for the Zoning Ordinance Text Amendment at 8:00 p.m. The recording secretary confirmed that the Affidavits of Notice and Publication were on file. Planning Director Lisa Freese explained the Zoning Ordinance Text Amendment recommended by the Planning Commission in response to the failure of City Council to make amendments to the set back requirements of the Comprehensive Guide Plan. These amendments deal with four areas: 1) density; 2) lot size minimum; 3) change to a minimum standard for General Industrial; and 4) define planting strips. CMC Heartland developers commented on the restrictions this would impose and cost increases it would cause. MOTION by Willcox to close the Public Hearing for the Zoning Ordinance Text Amendment. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. It was the consensus of the City Council to table this zoning amendment until the Comprehensive Guide Plan is ready for approval. Mayor McMenomy opened the Public Hearing for Commercial Outdoor Recreation Zoning Text Amendment. The recording secretary noted that the Affidavits of Notice and Publication were on file. Assistant Planner Rick Pearson was requested by the operators of two paintball game businesses to expand their business hours. The uses are viewed as temporary given the need for natural ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1993 wooded areas for gaming purposes. The Planning Commission directed staff to develop flexibility for the uses without setting undesirable precedents for other uses in any district. Ordinance B -32 accomplishes the objective with findings added to the standards for Interim Use Permits. MOTION by McMenomy to close the Public Hearing for Commercial Outdoor Recreation Zoning Text Amendment. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by McMenomy to adopt Ordinance B -32 for Commercial Outdoor Recreation interim uses in the Agriculture and General Industrial Districts. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to extend the time period of the permits issued to Adventure Zone and Splatball, Inc. to November 1, 1993. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Mayor McMenomy opened the Public Hearing for the Increase of Liquor License Fees. The recording secretary noted that the Affidavits of Notice and Publication were on file. Administrative Assistant Susan Walsh reviewed the recommended increase to the liquor license fees. The increase is about 10% on the On -Sale Intoxicating Liquor License and 20% increase to the remaining wine and beer sales. Temporary on -sale liquor was reduced from a 3 day license at $100 to a one day license at $35. Most clubs only use the one day license. A new fee of $50 was recommended for requested amendments to approved liquor licenses. MOTION by Wippermann to close the Public Hearing for the Increase of Liquor License Fees. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by McMenomy to adopt an ORDINANCE OF THE CITY OF ROSEMOUNT CONCERNING FEES FOR LIQUOR LICENSES. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Councilmember Staats introduced the problem business owners have with the downtown parking changes of not allowing any parking on Highway 3. Staats reviewed that this change was brought up several times at City Council and no one commented against it. Now a contract has been signed with the Minnesota Department of Transportation (MnDot) mandating that since the width of Highway 3 will remain the same, a center turn lane is drawn in striping for one year. After the year is over, if the business owners experience hardship, or if the safety factor is not improved, the striping can be changed back allowing parking on Highway 3. Dentist Dwayne Bergh, 14525 S. Robert Trail, has no on site parking, only the parking on Highway 3. Bergh felt that the 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1993 difficulty of parking may hurt his business. Bergh encouraged the Port Authority to get involved with looking at alternative parking for the downtown area. Also coordinating the time of the traffic lights with County Road 42 may move traffic through better. City Engineer Osmundson said we will have to try not parking on Highway 3 for one year because of the contract with MnDot. The left turn lane in the middle has proven to improve safety. The car count at the intersection of 145th Street West and Highway 3 is about 10,000 cars per day. Osmundson agreed that staff and the Port Authority could look for additional parking in the downtown area. St. Joseph Church would be allowed to park on the west side of Highway 3. Mayor McMenomy opposed the non parking policy on Highway 3. City Attorney Miles noted that it would be very difficult to change the contract with MnDot. The contract would likely be ready for review in June, 1994. Councilmember Klassen hoped that business owners would share their parking with businesses on Highway 3 while needed. MOTION by Willcox to direct the Port Authority and staff to work with businesses affected by the no parking on Highway 3 in the downtown area to relieve the lack of parking. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Planning Director Lisa Freese updated Council on the action Metropolitan Council took regarding the City's Comprehensive Plan. Freese explained that Metropolitan Council has required the City to submit a revised plan limiting the City's urban service area. Discussion ensued. It was determined that a work session would be necessary inviting all commissions and committees. MOTION by McMenomy to have a special meeting on Monday, September 27, 1993 at 6:30 p.m. to discuss the Comprehensive Plan urban service area. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. City Administrator Jilk reviewed the need to renew the city attorney contract. Jilk noted the need for consistency in this area is extremely important. Councilmember Klassen agreed that for stability it would be good to maintain Fluegel, Moynihan and Miles, P.A. for at least six months. MOTION by Klassen to renew the contract with Fluegel, Moynihan Miles, P.A. for six months to begin on January 1, 1994. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1993 Discussion was held regarding a special meeting with the Port Authority and City Council to develop goals and objectives. An acceptable time could not be determined. A meeting will be scheduled in the future. Mayor McMenomy discussed assessments for City Projects 206, 212, and 191. The Mayor called for a special meeting to review the benefit to each property. MOTION by McMenomy to have a Special City Council meeting on Tuesday, October 28, 1993, at 7:00 p.m. to discuss the assessment policy. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Administrator Jilk reviewed the Mullikin Lot Split in which Mr. Mullikin would obtain another residential lot. A park dedication is normally required, in this case $520. Mr. Mullikin has requested waiver of this amount due to the large amount of surveyor costs and legal fees. Discussion followed. MOTION by Willcox to waive the $520 Park Dedication Fee for the Leroy Mullikin lot split based upon special circumstances of an error in the legal description. Second by McMenomy. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by Willcox to waive the $150 variance petition fee for the Leroy Mullikin lot split based upon special circumstances of an error in the legal description. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Community Center Manager Jim Topitzhofer recommended the hiring of Lisa Jost, currently the Assistant Director of Parks and Recreation, for the position of Assistant Community Center Manager The Selection Committee interviewed six candidates and is convinced that Lisa Jost is the right choice. MOTION by Klassen to approve the hiring of Lisa Jost as Assistant Community Center manager at a salary of $36,847 with a start date of October 11, 1993. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Police Chief Lyle Knutsen reviewed the selection process used to seek a qualified applicant for the position of Police Officer. Seventy applications were received and twenty -one were invited to interview. John Winters had the overall top score, has been an active Rosemount Police Reserve Officer for two years and has lived in Rosemount 17 years. MOTION by McMenomy to approve the hiring of John Winters as a Rosemount Police Officer to begin his employment on September 27, 1993. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1993 Police Chief Knutsen presented an Ordinance for control of noisy parties and gatherings. City Attorney Miles reviewed the ordinance and advised it was legally appropriate. MOTION by Wippermann to adopt AN ORDINANCE RELATING TO TEE CONTROL OF DISTURBING NOISES AT PARTIES AND GATHERINGS. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Councilmember Klassen introduced a new committee in Dakota County, "The Dakota County League of Governments." Klassen requested to represent the City of Rosemount. The next meeting is scheduled for October 13, 1993 at the Apple Valley Library. Consensus agreed. City Administrator Jilk read a letter of resignation. Jilk encouraged staff to keep a positive and "can do" attitude. Councilmember Klassen noted that this is a loss to the City and thanked Jilk for the assistance he had given her and said she would accept his resignation with regret. City Council wished Administrator Jilk and his family well and thanked him for the honest. straight forward attitude he maintained. MOTION by McMenomy to accept the resignation of Stephan Jilk as City Administrator to be effective October 31, 1993. Second by Willcox. Ayes: Staaats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to set a Special City Council meeting for October 2, 1993 at 8:00 a.m. to discuss a selection process for a new City Administrator and an Interim Administrator. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Willcox to adjourn. Second by McMenomy. Ayes: 5. Nays: None. The meeting was adjourned at 11:10 p.m. Respectfully submitted, Linda Jentink, Recording Secretary ATTES Step =n Jilk,; y Administrator The City Council Agenda Packet is Clerk's File 1993 -33. 6 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 27, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, September 27, 1993, at 6:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Staats, Willcox, Wippermann, and Klassen present. Staff present were: Freese, Heimkes, Miller, Osmundson, Pearson and Wasmund. Some Commissioners present were Planning: Busho, Baago, Ingram, DeBettignies, Droste and Port Authority: Dunn, Anderson. Also present was City Attorney Mike Miles. The audience had people that represented CMC :Heartland Developers, U.S. Homes Developers, Carlson Properties, and the National Guard Maintenance Facility. Mayor McMenomy opened the meeting and led the audience in the Pledge of Allegiance. Councilmember Wippermann asked to add to the Agenda a discussion on the City Administrator Search. Council agreed. Discussion followed. MOTION by Wippermann to direct Administrative Assistant Susan Walsh to contact the League of Minnesota Cities for the purpose of obtaining information on firms to conduct a search for a new City Administrator and also resources for selection of an interim Administrator including how long these processes may take. Second by McMenomy. Ayes: McMenomy, Wippermann, Klassen, Staats, Willcox. Nays: None. Mayor McMenomy advised the group that the goal for this meeting was to have the City Council direct staff in regard to where the sewer capacity should be allocated during the next few years. Planning Director Lisa Freese reviewed the phasing of sewer capacity shown on the MUSA Maps; the Interim Map, the Year 2000 Map, and the Year 2010 Map. The City is required to remove the Year 2000 Metropolitan Urban Service Area (MUSA) boundary and in effect the Interim MUSA will become the City's year 2000 growth boundary. Planning staff anticipates that in 1998 an expansion will be made to the Rosemount Treatment Plant which will allow the City to expand the MUSA. The Treatment Plant is under the control of the Metropolitan Waste Control Commission and as a result the City cannot have access to additional capacity until it is budgeted for in the Implementation Plan of the regional agency. The City is in a situation where developers are in control of more land than the Metropolitan Council will allow in the MUSA. Furthermore, the City does not have enough capacity in the Rosemount WWTP service area to guarantee full development of all of the land within the proposed Interim MUSA. Until improvements are budgeted by the MWCC in their implementation Plan, the City will be limited to 1,130 units of capacity in the Rosemount WWTP service area and only 735 units are not committed through plats /final project approvals at this time. It is highly probable that by the time this capacity is gone the treatment 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 27, 1993 plant will be on -line. In the short term, however, it is prudent for the City to plan as if the capacity does not exist. Director Freese also pointed out that the City has ample land available in the Empire WWTP to provide for a sustained residential growth level through the end of the decade. It was noted that developers along with the City need to lobby Metropolitan Council in order to let them know that it is a hardship for developers and city governments. Several other communities are going through the similar situations; Cottage Grove, Hastings, and Stillwater are some. A coalition of these cities in similar circumstances could be beneficial in effecting policy decisions at the Metropolitan level. Director Freese overviewed the projects approved and on the drawing board. The capacity required to serve all of these potential projects was based on residential equivalent units estimates. Until final building plans and /or final development plans are submitted the exact capacity needs can not be determined. Those representing projects within the area under consideration for MUSA and sewer capacity allocations were allowed to present their concerns. Lee Johnson of US Homes, Ron Carlson of Carlson Properties, Harold Hawks of the Minnesota National Guard, and Wayne Delfino and Reid Hansen representing CMC Heartland Partners all presented comments regarding each of their organizations development plans and capacity needs. Ed Dunn, Port Authority Chair, noted that one option would be to let the development market drive the usage issue. Expansion would follow the demand perhaps with some performance criteria so that a maximum number of units per year would be allowed. Discussion indicated that the larger home developers could build a maximum of 75 units a year under these capacity constraints. Planning Commissioner Ingram noted that facilitating residential development could serve as a discouragement for the development of a regional airport in Dakota County. Port Authority Commissioner Anderson spoke in support of setting aside capacity for the proposed Business Park stating that a Marketing Committee has been formed. In order to make the project work it will be necessary to have lots served by utilities and available to turn over to potential developers. Councilmember Willcox noted that a first come first serve allocation of sewer units makes sense given the limited capacity available to work with and the number of potential projects. Councilmember Klassen noted the frustration to have to turn away any development. She inquired as to whether or not more MUSA could be allocated to CMC from other areas such as the Kelly property or the Business Park to provide a level of comfort to CMC that the second phase of their project was acknowledged. Director Freese indicated that adjustments to the boundaries could be made so long as the Council understood that until the treatment plant is expanded that such a reallocation does not insure addition units of capacity to CMC to serve the area. Council consensus was to direct staff to review the Interim MUSA and to identify possible areas where the MUSA boundary could be adjusted in order to reallocate MUSA on the 226 acre property owned by CMC. Potential areas identified for consideration were the Business Park and Kelly Trust Property. An update of this information should be presented to City Council at the next regular meeting with a special meeting to follow. Mayor McMenomy called a Special Meeting of the City Council for October 12, 1993 at 7:00 p.m. to review further the MUSA allocation. MOTION by McMenomy to adjourn. SECOND by Wippermann. Ayes: Five. Nays: None. The meeting was adjourned at 9:30 p.m. Respectfully submitted, iC�t� ATTEST: r' Mc /'cam E.B. McMenomy, Mayo 3 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 27, 1993 Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -34. 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 28, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, September 28, 1993, at 7:00 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. Mayor McMenomy led the audience in the Pledge of Allegiance. Mayor McMenomy announced the purpose of the meeting was to discuss the current assessment policy and whether the proposed assessments for Projects 206 and 212 were equitable since appraisals on recent projects greatly varied in the dollar amount. Discussion was held on the appraisals obtained on assessable properties for Project 206 and Project 235, and members of council expressed concerns that the discrepancies in the various appraisals may make it difficult to determine the benefit provided by the improvement projects. It was recommended that benefit be determined by using the lower appraised value rather than the higher dollar amount. Public Works Director Ron Wasmund and City Engineer Bud Osmundson reviewed the method used for determining the estimated value of improvements for paving and water for City Project 206, 145th Street reconstruction from Diamond Path to Shannon Parkway. Staff also reviewed examples of area cities' policies for assessing reconstruction projects for single family residential. Following further discussion on what is an appropriate amount for assessing each residential lot based upon appraisals received by the city on current reconstruction projects, a consensus was reached by Council that $2,000 would be an appropriate amount. Council then discussed whether streets considered as collector streets should be assessed at a discounted rate from the $2,000 per single family residential lot. A consensus was reached by Council that the assessed amount should be $1,500 per single family residential lot or twenty -five (25 percent less than the $2,000 amount. MOTION by Willcox to set a single family residential assessment amount at $2,000 and a single family residential assessment amount for designated collector streets at $1,500 and that these assessment amounts would not include watermain or other infrastructure improvements. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Staff then recommended that public hearings to consider assessments for Projects 206, 212, and 191 be scheduled for October 19, 1993, at 8 :00 p.m. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 28, 1993 MOTION by McMenomy to adopt A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT AND CALLED FOR HEARING ON PROPOSED ASSESSMENT, 145TH STREET RECONSTRUCTION, WEST END, CITY PROJECT 206. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox, Nays: None. MOTION by McMenomy to adopt A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT AND CALLING FOR HEARING ON PROPOSED ASSESSMENT, DIAMOND PATH IMPROVEMENTS, CITY PROJECT 212. Second by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Willcox to adopt A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT AND CALLING FOR HEARING ON PROPOSED ASSESSMENT, CHIPPENDALE AVENUE IMPROVEMENTS, CITY PROJECT 191. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: None. Abstain: McMenomy. MOTION by McMenomy to adjourn. Second by Staats. Ayes: 5. Nays: 0. Respectfully submit ed, Susan M. $'alsh Administrative Assistant ATTEST: /I fs E.B. McMenomy, Mayor The City Council Agenda packet is Clerk's File 1993 -35. 2 1 1 Pursuant to due call and notice Rosemount City Council was duly a.m. in the Council Chambers at West. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 2, 1993 thereof a special meeting of the held on October 2, 1993, at 8:04 City Hall, 2875 145th Street Mayor McMenomy called the meeting to order with councilmembers Klassen, Staats, Willcox, and Wippermann present. Staff present included Public Works Director Wasmund, City Engineer Osmundson, Finance Director May, and Fire Chief Aker. Mayor McMenomy led the audience in the Pledge of Allegiance. MOTION by Klassen to adopt the resolutions regarding special assessment hearings as outlined in the memo dated October 2, 1993. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by Willcox to adopt the new hearing dates as outlined in the memo from Ron Wasmund dated October 1, 1993. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Mayor McMenomy requested councilmember's comments regarding the interim city administrator position. Each councilmember voiced their concerns and comments and agreed that they were confident that staff was capable of running the day -to -day operations of the city, but someone should be designated as interim to be in charge and coordinate activities. Public Works Director Wasmund commented that if he was to be appointed interim city administrator, that some of his responsibilities would need to shift to his staff and he had confidence that they were capable of handling the extra responsibilities. Wasmund also stated that, if appointed, he would request that discussions be held to discuss empowerment, responsibilities, and exactly what the council expected of him. Discussion continued and it was agreed to appoint Wasmund as interim city administrator and proceed immediately in the search for a new city administrator. Council also concurred that the newly elected councilmembers should be involved in the discussions and should appoint the new administrator. MOTION by Klassen to appoint Ron Wasmund as interim city administrator until such time as a new city administrator is appointed. SECOND by Wippermann. Councilmember Staats felt that Wasmund should be compensated for the extra responsibilities being taken on. City Attorney Miles suggested that two councilmembers sit down with Wasmund and discuss all of the issues. Mayor McMenomy called for a poll of the motion. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. Abstain: Willcox. MOTION by Willcox to appoint Councilmembers Staats and Wippermann to negotiate with Ron Wasmund conditions and interim salary relative to the position. SECOND by McMenomy. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy, Nays: 0. Mayor McMenomy requested comments from councilmembers regarding the selection of a search firm to facilitate the selection of a new city administrator. After considerable discussion consensus was reached to have councilmembers and staff make search firm recommendations (from both the private and public sector) to Sue Walsh by Friday, October 8, 1993. In turn Ms. Walsh is to contact each firm, collect information on each of them, and present that information at a special council meeting. MOTION by Willcox to set a special meeting for November 4, 1993 at 7:00 p.m. to interview search firms. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. As a result of a petition from T.H. 3 business owners strongly opposing the new parking restrictions, Mayor McMenomy addressed the issue and requested council consensus to direct staff to work out a compromise. City Engineer Osmundson advised that the city has no choice in the matter and that MnDot will construct left turn lanes, resulting in no parking along Highway 3, no matter what compromise the city and business owners may come to. Council directed staff to meet with MnDot and downtown business owners and address the situation. Council also requested that staff post signs warning of the impending stripping and no parking. MOTION by McMenomy to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. The meeting adjourned at 9 :00 a.m. Respectfully submitted, at Iff170 Deborah Widstrom Recording Secretary ATTEST: E.B. McMenomy, Mayor 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 2, 1993 The City Council Agenda packet is Clerk's File 1993 -36. Pursuant to due City Council of October 5, 1993 City Hall. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 1993 call and notice thereof a Regular Meeting of the the City of Rosemount was duly held on Tuesday, at 7:30 p.m. in the Council Chambers at Rosemount Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, and Willcox present. Councilmember Wippermann was away on business. Staff present were Bechtold, Freese, Jilk, May, Osmundson, Topitzhofer, Walsh, and Wasmund. Also in attendance was City Attorney Miles. Mayor McMenomy called the meeting to order and led the group in the Pledge of Allegiance. Changes to the agenda included CMC Update, Item 7. c; an Executive Closed Session for the Rosemount Woods easement resolution, Item 8. d; and Resignation of Planning Director, Item 8. e. Kevin Carroll, representing S.O.A.R., reported the fund raiser pig roast was very successful. The money raised will help hire lobbyists. Metropolitan Airport Commission said it would prefer to have workshops in Hastings since that is the location of the site. There will be a Informal Open House on November 17, 1993, 6 p.m. to 9 p.m. and the Public Hearing on the Environmental Document will be in Hastings on November 18, 1993 at 7:00 p.m. The location of these meetings will probably be the high school. Klassen announced that the Minnesota Valley Transit Association has started a route to the Dakota County Vo -Tech College. It will be an eighteen month demonstration project. It shows the cooperativeness of joint agencies and is a good service to the community. MOTION by Klassen to approve the Consent Agenda with an amendment to the September 21, 1993 Regular Council Minutes and removing the September 27, 1993 Special Meeting Minutes for further review. Second by Staats. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. Finance Director May reviewed the process used for the issuance of bonds for the business park through the Port Authority Commission. Dan O'Neill of Springsted, Inc. gave information on the interest rates and sale of the $580,000 bonds. MOTION by Klassen to adopt AN ORDINANCE AUTHORIZING THE ROSEMOUNT PORT AUTHORITY TO ISSUE TAXABLE GENERAL OBLIGATION BONDS AND THE PLEDGE OF THE CITY'S FULL FAITH CREDIT TO THE PAYMENT THEREOF. Second by McMenomy. Ayes: McMenomy, Staats, Klassen. Nays: Willcox. Councilmember Willcox commented that the SAC units, or sewer capacity, was not available, the survey was not complete and a full market study had not been done so he could not support the business park at this time. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 1993 Mayor McMenomy noted that the business park was planned in phases and was not intended to be fully developed soon. City Attorney Miles felt completion of the signed survey was imminent and he did not foresee any problems. The Purchase Agreement was approved in August. The closing is scheduled for November 5, 1993, and will not proceed unless all is in order. Port Authority Commissioner Carroll noted that the Port Authority was aware of the concerns of Councilmember Willcox and felt comfortable proceeding. Klassen said the business park is a long term project and the shortage of SAC units is temporary. Mayor McMenomy announced that an item on the agenda that was published in the paper regarding 145th Street Reconstruction was not included in the final draft of the agenda and would not be presented tonight. Mayor McMenomy opened the Public Hearing for Shannon Hills 3rd Addition Street and Utility Improvements Assessment, City Project 225. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. City Engineer Bud Osmundson reviewed the project costs which would be totally paid by the developer, Ground Developers, Inc. MOTION by McMenomy to close the Public Hearing on Shannon Hills 3rd Addition Street and Utility Improvements Assessment, City Project 225. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by Willcox to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, SHANNON HILLS 3RD ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 225 IN THE AMOUNT OF $268,815.99. Second by Klassen. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for Shannon Hills 4th Addition Street and Utility Improvements Assessment, City Project 234. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. City Engineer Osmundson reviewed the cost breakdowns for the Shannon Hills 4th Addition development. MOTION by McMenomy to close the Public Hearing for the Shannon Hills 4th Addition Street and Utility Improvements Assessments, City Project 234. Second by Staats. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. MOTION by Klassen to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, SHANNON HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 234 IN THE AMOUNT OF $190,291.74. Second by Staats. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 1993 Planning Director Lisa Freese updated City Council on the MUSA allocation in completion of the Comprehensive Guide Plan. Dave Simons from SEH, Inc. supplied information on the Kelly property which is not developed but shows MUSA requirements. A land swap for approximately 48 acres could be made to allow MUSA for the business park and possibly CMC Heartland Developers. Council decided to cancel the Special October 12, 1993 Meeting to discuss MUSA allocation until further information was available. MOTION by McMenomy to hold a Special Meeting of the City Council on October 21, 1993, at 6:30 p.m. to review the Comprehensive Guide Plan. Second by Willcox. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. Community Center Manager Topitzhofer recommended the hiring of Randy Moe for the Building Maintenance Supervisor. The Selection Committee chose Randy Moe based on his experience with building maintenance, HVAC operation and management skills. MOTION by Staats to approve the hiring of Randy Moe as Building Maintenance supervisor at a salary of $28,177 with a starting date of October 18, 1993 subject to a successful pre employment physical and driver license check. Second by McMenomy. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. Parks and Recreation Director Bechtold requested authorization to hire for the Assistant Parks and Recreation Director position. Suggestions were made from Council to wait until the new city administrator is hired and possibly hire a temporary person in the interim. Director Bechtold said his programs would be in jeopardy and council had indicated that they would not let that happen at a past meeting. Even proceeding as normal will cause a difficult length of time before someone can be interviewed and hired, give notice on their job and be available for work here. MOTION by Staats to approve the job descriptions of the Parks and Recreation Programmer and Assistant Director of Parks and Recreation and authorize the posting and advertisement for an Assistant Director of Parks and Recreation. Second by Klassen. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to have Ron Wasmund and Dave Bechtold review the position to see if it can be filled by a part time person. No second. Mayor McMenomy called for a break at 8:40 p.m. The meeting reconvened at 8:45 p.m. Wayne Delfino, representing CMC Heartland Developers, introduced Al Bloom, an architect, who gave a presentation of the 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 1993 residential housing proposed. Several different styles would provide a quality neighborhood. The value of the homes would range from $100,000 to $150,000 with square footage ranging from 1300 to 2400 square feet. Parks and Recreation Director Bechtold described the passive, down graded amphitheater proposed for the Erickson Community Square. Dave Simons, SEH Engineering, said it would be pie shaped with nine grassy tiers that would seat up to 450 people. The bulk of the cost would be in the grading. In the future trails would connect the park and ride parking area on Highway 3. Councilmember Willcox voiced concerns on the cost of maintenance of the amphitheater. Bechtold noted this was taken into consideration. MOTION by Klassen to approve the plans and specs and authorize staff to advertise for bids for the Erickson Community Square grading, seeding and sodding for the amphitheater construction. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: None. Planning Director Freese reviewed the Wensmann Comprehensive Guide Plan Amendment and requirement of a public hearing. MOTION by Klassen to hold a Public Hearing for the Wensmann Guide Plan Amendment on October 19, 1993 at 8:00 p.m. at the regular City Council meeting. Second by McMenomy. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. Planning Director Freese submitted her resignation to City Council. Council thanked Freese for her hard work, leadership and plan performance. MOTION by McMenomy to accept the resignation of Lisa Freese as Director of Planning effective October 29, 1993. Second by Willcox. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. Council directed Interim Administrator Wasmund to evaluate and make recommendatons regarding planning staff positions. Mayor McMenomy proclaimed the week of October 4th through October llth as Brain Injury Awareness Week in Rosemount. MOTION by McMenomy to have a Closed Executive Session to discuss final settlement on easement with Rosemount Woods. Second by Klassen. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. Mayor McMenomy reconvened the regular meeting at 9:20 p.m. MOTION by McMenomy to approve the offer of $20,000 to acquire easement for the Armory sanitary sewer from Rosemount Woods, Inc. 1 Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by McMenomy to adjourn. SECOND by Staats. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: 0. The meeting was adjourned at 9:30 p.m. ATTEST: E.B. McMenomy, Mayor The City Council Agenda Packet is Clerk's File 1993 -37. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 1993 Respectfully submitted, Linda Dentin Recording Secretary 1 ATTEST: 2- 4 /X 7/ 62 1 E.B. McMenomy, Mayor I�/ ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING OCTOBER 5, 1993 Pursuant to due call a special closed meeting of the City Council of the City of Rosemount was duly held on Tuesday, October 5, 1993, at 9:15 p.m. in the Council Chambers lounge at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Staats, and Klassen present. Councilmember Wippermann was out of town. Staff present were: Jilk, Wasmund and City Attorney Miles. City Attorney Miles reviewed the difficulties encountered with Peter Herferth, the management of Rosemount Woods, and the slow response of Wells Fargo Company to the mechanics of the document. A motion was entertained to approve the final settlement contract with Wells Fargo Company in the amount of $20,000 by the City Attorney Mike Miles. The motion would be presented at the regular meeting still in progress. MOTION by McMenomy to adjourn. SECOND by Willcox. Ayes: 4. Nays: None. The closed session was adjourned at 9:20 p.m. Respectfully submitted, Linda Jentink Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, October 19, 1993 at 7:30 p.m. in the Council Chambers at Rosemount City Hall. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, Willcox, and Wippermann present. Staff present were Aker, Bechtold, Freese, May, Topitzhofer, Walsh and Wasmund. Also in attendance was City Attorney Miles. Mayor McMenomy called the meeting to order and led the group in the Pledge of Allegiance. Additions to the agenda were made for New Business, Item 8. e. Interim Administrator and Item 8. f. Traffic Sign Cambrian Avenue Discussion. Finance Director May made an addition to the Consent Agenda, Item 4. s. Flexible Spending Account. Councilmember Klassen introduced the representative from RAP (Rosemount Activity Program), Penny Butler. This group has been actively seeking to improve the social problems encountered by the youth of Rosemount. They have been working with the Parks and Recreation Department, the Rosemount Elementary School, Dakota County Drug Abuse Prevention, and People Against Violence (PAVE). Most would agree that traditional means are not effective for improving youth problems. RAP hopes to focus groups in neighborhoods and turn kids to positive activities. A task force has been formed and will meet regularly. MOTION by Klassen to instruct staff to work with RAP to continue to improve the project. Second by Wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Mayor McMenomy opened the Public Hearing for Wensmann Guide Plan Amendment. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. Planning Director Freese gave an overview of the 47 acre plat with 5 acres to be used as commercial in the form of a neighborhood convenience center. The location is the southeast corner of County Road 42 and Diamond Path /Dodd Boulevard. Herb Wensmann showed slides of the type of housing to be developed. Some townhomes, deck homes, and single family homes would be built. Many residents living near this area voiced their concerns about the development and felt the commercial development was not necessary since commercial locations are already very close. Most people when they bought on the boarders of this development were told only single family homes would be built next to them. The increase traffic with higher density development and commercial development would endanger children. Many streets would become through streets rather than the cul -de -sac arrangement hoped for. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 1993 Attorney Reid Hansen, representing CMC Heartland Development, asked about the MUSA concerns and was informed that this area is serviced by the Empire Treatment Plant and has already been included in the Comprehensive Guide Plan. MOTION by Willcox to close the Public Hearing on the Wensmann Guide Plan Amendment. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Discussion was held regarding the notice process. Many residents felt people were unaware of this development and suggested that a sign be posted on the property affected so people would notice it. Ron Wasmund noted that this will be taken under consideration for future noticing but that all city procedures had been followed correctly. Wippermann noted that the commercial area proposed seemed similar to "strip malls" which the comprehensive guide plan does not encourage since it does not attach to the contiguous business area. He suggested also that the overall mix of multiple family in Rosemount needs to be examined. Mayor McMenomy said the 5 acre commercial area is too large and he would consider something smaller. The high density is not desirable and consideration should be given to not have through streets. Following discussion, Council directed staff to redraft a resolution designating the site as Urban Residential. The meeting was recessed at 9:45 p.m. for a ten minute break. Mayor McMenomy reconvened the meeting at 9:55 p.m. Mayor McMenomy opened the Public Hearing for the Zoning Ordinance Text Amendment Accessory Appendages: Decks, Patios, Terraces, Steps, Satellite Dishes, Solar Collectors, and Height Regulations. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. Planning Director Freese explained that the changes made are slightly less restrictive and help clarify the requirements with straightforward language. The Planning Commission has recommended approval of this proposed amendment. MOTION by Willcox to close the Public Hearing for the Zoning Ordinance Text Amendment Accessory Appendages. Second by McMenomy. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by Willcox to adopt ORDINANCE B -33, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 1993 MOTION by Willcox to approve the Consent Agenda with the addition of Flexible Spending Account and removing the October 2, 1993 Special Minutes for clarification. Second by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Planning Director Lisa Freese reviewed a recent meeting with Metropolitan Council regarding development and Rosemount's area MUSA usage. Freese contends that the current numbers used for Rosemount are not correct. Metropolitan Council said they will look at areas on a community to community basis. They believe we have enough MUSA until the year 2012, and staff is concerned about the year 1998. Freese suggested an ad -hoc committee to be actively meeting with Metropolitan Council and keep abreast of its process. Fire Chief Aker informed City Council that there was very little interest from surrounding fire departments for supplying an aerial truck on mutual aid. If aid would be required there would be additional charges for their personnel to run the truck and compensation of $500 per hour for the equipment. Eagan, Hastings and Inver Grove Heights have aerial platform trucks. Aker did not recommend any action at this time. Ron Wasmund reviewed the legal contract with Fluegel, Moynihan, and Miles. The contract is set for six months rather than two years so that when the new council members and city administrator are familiar with process it can be reviewed again. MOTION by Wippermann to approve the contract for legal with the Law Firm of Fluegel, Moynihan and Miles for a time from January 1, 1994 to June 30, 1994. Second by Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. None. services period of Klassen. Nays: MOTION by McMenomy to accept the grant for tree planting through DNR and to authorize appropriate signatures on the grant. And also, to award the project to Outdoor Specialties, Inc. for the amount of $14,196.95. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Klassen to accept the resignation of Kerry Budinger, approve the job description of the Secretary Aide position, and to authorize the posting and advertising for the position of Secretary Aide for the Parks and Recreation Department. Second by Staats. Ayes: Staats, Klassen, Wippermann. Nays: Willcox, McMenomy. Motion carried. MOTION by Klassen to hire Lacelle Cordes for the position of Parks and Recreation Programmer at her present 1992 rate of pay of $10.65 per hour and to approve Wendy Foreman to the position of Parks and Recreation Programmer at an entry level 1992 rate of pay of $9.61 per hour. These appointments would commence on October 20, 1993. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. 1 1 MOTION by McMenomy to adopt A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF ROSEMOUNT FOR FISCAL YEAR 1994 DAKOTA COUNTY CDBG FUNDING and to direct staff to work with the County to reprogram Fiscal Year 1992 Funds. Second by Wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Councilmember Wippermann advised he and Councilmember Staats met with Public Works Director Wasmund regarding him acting as interim administrator and recommended Ron Wasmund be appointed the Interim City Administrator until a search for a new city administrator can be completed. MOTION by Willcox to adopt as written the duties, compensation and terms for the appointment of Ron Wasmund as Interim City Administrator. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Mayor McMenomy noted that a resident had contacted him regarding the absence of a "No Trucks" sign on Cambrian Avenue. Public Works Director Wasmund agreed to install a new sign. MOTION by McMenomy to place "No Truck" signs on Cambrian Avenue near T.H. 3. Second by Willcox. Ayes: McMemony, Staats, Klassen, Willcox, Wippermann. Nays: None. Mayor McMenomy adjourned the City Council to the Closed Executive Session regarding the AFSCME contract negotiations. The meeting was reconvened at 11:10 p.m. MOTION by McMenomy to start the November 4, 1993 Special City Council meeting at 6:00 p.m. rather then 7:00 p.m. as previously set by Council. Second by Staats. Ayes: 5. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Willcox. Ayes: 5. Nays: None. The meeting was adjourned at 11:12 p.m. ATTEST: Sudan M. /alsh Administrative Assistant /City Clerk The City Council Agenda Packet is Clerk's File 1993 -38. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 1993 Respectfully submitted, C,42-ce -c 1 Linda Jentink Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS EXECUTIVE SESSION OCTOBER 19, 1993 Pursuant to due call and notice thereof a closed executive session of the City Council of the City of Rosemount was duly held on October 19, 1993 in the Council Lounge at City Hall. Mayor McMenomy called the meeting to order with all members present. Also in attendance were Administrative Assistant Susan Walsh and Public Works Director Ron Wasmund. Administrative Assistant Walsh discussed the status of the AFSCME contract negotiations and received input from the Council with regards to benefits for part -time employees in the AFSCME bargaining unit. It was the consensus of the Council that part time employees should not receive benefits. MOTION by McMenomy to adjourn. Second by Willcox. Ayes: 5. Nays: None. ATTEST: 6 Avz, /ge E.B. McMenomy, Mayor Respectfully submitted, /4 ,L. 1. Fusin M. dalsh Administrative Assistant ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 21, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Thursday, October 21, 1993, at 6:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. Planning Director Freese and Public Works Director Wasmund were present with supporting staff Rick Pearson, Planning Assistant and Bud Osmundson, City Engineer. Planning Commission members present were Cathy Busho and Lorrayne Ingram. Also present was City Attorney Miles. Mayor McMenomy led the audience in the Pledge of Allegiance. Planning Director Lisa Freese introduced the Comprehensive Guide Plan formal review noting minor changes and additions. Council gave some consideration to relocating some MUSA in the Urban Service Area. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE REDESIGNATION OF A FORTY -SEVEN ACRE TRACT OF LAND ON THE SOUTH SIDE OF CSAH 42 BETWEEN SHANNON PARKWAY AND CSAH 33 (DIAMOND PATH) TO URBAN RESIDENTIAL IN UPDATE 2000, CITY OF ROSEMOUNT COMPREHENSIVE PLAN. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by McMenomy to accept the Comprehensive Guide Plan Update 2000 as amended. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Willcox to set the Public Hearing for the Comprehensive Guide Plan for Tuesday, November 9, 1993 at 7:00 p.m. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. At 7:30 p.m. the meeting was recessed until the public hearings at 8:00 p.m. Mayor McMenomy left the meeting at 7:30 p.m. Acting Mayor Wippermann opened the Public Hearing on Assessments for 145th Street Reconstruction, West End Improvements, City Project 206. The Affidavits of Publication and Notice were on file with the recording secretary. City Engineer gave an overview of the reconstruction of 145th Street showing construction costs for watermain, storm drain, street, and street lights. The original public hearing was held on May 4, 1992. Mr. Wagner has appealed the assessment for the watermain since the property was assessed prior to 1970 for this. Wes Hasbrouk, former Utility Commissioner stated this to be true. Leroy Mullikin thanked staff in Engineering for their cooperative effort. MOTION by Klassen to close the public hearing on Assessments for 145th Street Reconstruction, West End Improvements, City Project ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 21, 1993 206. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, Staats. Nays: None. MOTION by Klassen to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, 145TH STREET RECONSTRUCTION, WEST END IMPROVEMENTS, CITY PROJECT 206 as amended. Second by Staats. Ayes: Willcox, Wippermann, Staats, Klassen. Nays: None. Acting Mayor Wippermann opened the Public Hearing on Assessments for Diamond Path Improvements, City Project 212. The Affidavits of Publication and Notice were on file with the recording secretary. City Engineer Osmundson gave an overview of the project. The total cost was $513,704. The only assessment for the project is to the Baptist Church at the corner of Diamond Path and 145th Street which totals $34,579. The Baptist Church had two driveways and took the option to change to one which lowered the assessment. MOTION by Willcox to close the public hearing for City Project 212, Diamond Path Improvements. Second by Klassen. Ayes: Wippermann, Staats, Klassen, Willcox. Nays: None. MOTION by Willcox to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, DIAMOND PATH IMPROVEMENTS, CITY PROJECT 212. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: None. Acting Mayor Wippermann opened the Public Hearing on Assessments for Chippendale Avenue Improvements of 1990, City Project 191. The Affidavits of Publication and Notice were on file with the recording secretary. City Engineer Osmundson identified the three parcels affected by street, watermain and sanitary sewer improvements. The project was completed in 1991. The public hearing was held on May 18, 1993 and was continued until appraisals were completed which would estimate the benefits of the public improvements. The three property owners objected to the assessment. The appraiser felt that the sanitary sewer installed on the project was of no benefit to the parcels. The watermain assessment would be $47,000. When the land is developed the road improvements could be assessed. MOTION by Willcox to close the Public Hearing on Assessments for Chippendale Avenue Improvements of 1990, City Project 191. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Willcox to only asses the watermain costs against the three properties for $47,000 and defer the remainder of the City Project 191 when the property is developed. Second by Staats. Ayes: Klassen, Willcox, Wippermann, Staats. Nays: None. 2 1 1 MOTION by Willcox to defer the remaining cost of City Project 191 and keep this in a file with respect to storm sewer, sanitary sewer, and street improvements for Chippendale Avenue when it is upgraded. Second by Staats. Ayes: Willcox, Staats, Klassen, Willcox. Nays: None. MOTION by Willcox to adjourn. Second by Wippermann. Ayes: 4. Nays: None. The meeting was adjourned at 9:30 p.m. ATTEST: A t/ thaw-xi Ron Wasmund Interim City Administrator Respectfully u�llly submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -39. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 21, 1993 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 28, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Thursday, October 28, 1993, at 8:00 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, and Staats present. Interim City Administrator Wasmund, Finance Director May. Engineering Consultant Dave Simons of SEH, and City Attorney Miles were also present. Mayor McMenomy led the audience in the Pledge of Allegiance. Mayor McMenomy opened the Public Hearing on Assessments for Section 31 Trunk Sanitary Sewer Facilities, City Project 233. The Affidavits of Publication and Notice were on file with the recording secretary. Wasmund introduced Dave Simons from SEH Engineering to give an overview of the project which diverted sewer flow to the Empire Treatment Plant. The total project cost was $422,425. The Sanitary Core Fund paid for $344,958 leaving $77,467 to be assessed. Hampton Development and Gergens were the property owners benefited by this improvement. MOTION by Willcox to close the Public Hearing for Section 31 Trunk Sanitary Sewer Facilities, City Project 233. Second by Wippermann. Ayes: McMenomy, Staats, Willcox, Wippermann. Nays: None. MOTION by Willcox to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, SECTION 31 TRUNK SANITARY SEWER FACILITIES, CITY PROJECT 233. Second by Staats. Ayes: Staats, Willcox, Wippermann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing on Assessments for O'Leary's Hills 6th Addition Street and Utility Improvements, City Project 240. The Affidavits of Publication and Notice were on file with the recording secretary. Engineer Simons gave an overview of the project. The total cost was $30,790. This cost is assessable to two lots which puts the final cost at $15,395 per lot. These assessments are high in cost due to the fact that only two lots were built on a 100' section of street with an additional 90' temporary cul -de -sac required for emergency vehicle turn around. The developer, Broback Homes, Inc. will be assessed for the total cost. MOTION by Wippermann to close the Public Hearing for O'Leary's Hills 6th Addition Street and Utility Improvements, City Project 240. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, O'LEARY'S HILLS 6TH ADDITION STREET AND UTILITY 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 28, 1993 IMPROVEMENTS, CITY PROJECT 240. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Willcox. Nays: None. Mayor McMenomy opened the Public Hearing on Assessments for West Ridge 4th Addition Street and Utility Improvements, City Project 223. The Affidavits of Publication and Notice were on file with the recording secretary. Engineer Simons reviewed the total project cost of $309,592. The Sanitary Sewer Core Fund covered costs of $34,638 and the Storm Sewer Core Fund covered $11,599. The balance was distributed to 32 lots which amounted to $8,230 per lot. These assessments were pending when development took place allowing money to be escrowed by individual mortgage companies and thus not causing hardship. MOTION by Wippermann to close the Public Hearing for Assessments of West Ridge 4th Addition Street and Utility Improvements, City Project 223. Second by Willcox. Ayes: McMenomy, Staats, Willcox, Wippermann. Nays: None. MOTION by McMenomy to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL FOR WEST RIDGE 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 223. Second by Staats. Ayes: Staats, Willcox, Wippermann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for Assessments of the Armory Watermain Improvements, City Project 237. The Affidavits of Publication and Notice were on file with the recording secretary. Engineer Simons reviewed the project connecting water to the Armory/ Community Center, 143rd Street to the Armory. The total cost of the project was $177,323.88. Independent School District 196 is the assessable benefiting property. MOTION by McMenomy to close the Public Hearing on the Assessments for the Armory Watermain Improvements, City Project 237. Second by Wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL FOR THE ARMORY WATERMAIN IMPROVEMENTS, CITY PROJECT 237. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Willcox. Nays: None. Interim Administrator Wasmund clarified a typographical error in a memo setting the date for the public hearing for the Comprehensive Guide Plan. The correct date is Tuesday, November 9, 1993 at 7:00 p.m. rather than Tuesday, November 8th as it was noted. A 4/5 majority will be required to accept the Comprehensive Guide Plan. MOTION by McMenomy to reset the joint Planning Commission /City Council meeting for 7:00 p.m. on Tuesday, November 9, 1993. 2 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 28, 1993 Second by Wippermann. Ayes: McMenomy, Staats, Willcox, Wippermann. Nays: None. City Attorney Miles informed City Council he had met with the Muller Family Theater, Inc. and he was advised to relay that they plan to go ahead with building the theater and have obtained their own financing. This information will be given to the Port Authority also and Muller's are willing to wait for rezoning and due process. MOTION by McMenomy to adjourn. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats. Nays: None. The meeting was adjourned at 8:20 p.m. ATTEST: ta d Ron Wasmund Interim City Administrator Respectfully submitted, Linda Jentin Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -40. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 2, 1993 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was called to order on Tuesday, November 2, 1993 at 8:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with councilmembers Klassen, Staats, and Willcox present. Councilmember Wippermann was absent. Staff present included Interim City Administrator Wasmund, Assistant Planner Pearson, City Engineer Osmundson, Community Center Manager Topitzhofer, and City Attorney Miles. Mayor McMenomy led the group in the pledge of allegiance. Mayor McMenomy opened the public hearing for the Comprehensive Guide Plan amendment for the Carlson properties. The recording secretary confirmed that the Affidavits of Notice and Publication were on file. Assistant Planner Pearson advised that Carlson Properties of Rosemount has requested a text amendment to the Comprehensive Guide Plan to change the land use designation of Lots 4, 5, and 6, South Rose Park Addition Replat to commercial. This change will facilitate the eventual rezoning of the property to allow for the development of the movie theater proposed for that site. Pearson explained that the last paragraph of the resolution should be amended to read that "no actions regarding rezoning is possible until the Metropolitan Council approves this amendment" instead of "no further action regarding the property will be possible until the Metropolitan Council approves the amendment." MOTION by Willcox to close the public hearing. SECOND by Staats. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: 0. Considerable discussion followed among councilmembers and staff. MOTION by Willcox to adopt A RESOLUTION APPROVING THE REDESIGNATION OF A TEN ACRE TRACT OF LAND ON LOTS 4, 5, AND PART OF 6, BLOCK 3 IN SOUTH ROSE PARK ADDITION REPLAT TO COMMERCIAL IN UPDATE 2000, CITY OF ROSEMOUNT COMPREHENSIVE PLAN, amending the last paragraph of the resolution to state "no actions regarding rezoning is possible until the Metropolitan Council approves the amendment." SECOND by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: 0. Kevin Carroll briefly updated the council on SOAR activities. He advised of two upcoming hearings to be held at the Hastings High School on November 17, at 6:00, which is an informational open house, and November 18, at 6:00, which is a public hearing. Carroll also advised that western Wisconsin has become much more active in the airport planning process since the Hastings site was selected. MOTION by McMenomy authorizing the hiring of Lisa Freese for the public hearing and submittal of Rosemount's Comprehensive Guide Plan to Met Council at a rate equal to her current hourly rate. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 2, 1993 SECOND by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by McMenomy authorizing interim city administrator to negotiate an hourly rate with Short Elliott- Hendrickson for interim planning services. SECOND by Willcox. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: 0. Councilmember Willcox requested clarification regarding the November 4, 1993, special meeting notice posted on the bulletin board in the lobby. He advised that the notice states that the meeting will begin at 8:00 p.m. due to city elections, which he felt was an error because he was certain that council had agreed to meet at 6:00 p.m. on November 4. Staff was directed to check the notice and advise council of their findings later in the meeting. MOTION by Willcox to approve the consent agenda. SECOND by Klassen. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: 0. Interim City Administrator Wasmund reviewed staff correspondence regarding the Trunk Highway 52 Corridor Study. He explained that the study must be adopted and then incorporated into the city's Comprehensive Guide Plan as an enhancement to the existing transportation element. Wasmund recommended that the council accept the study, pass it on to the planning commission for their review and set a public hearing for the November 16, 1993, city council meeting. Mr. Robert Byers, of SEH, Inc., was introduced to the council and provided an overview of the study. Mr. Byers advised that the project is scheduled to begin next fall and will be split into three phases taking approximately 20 plus years to complete. He explained that Highway 52 will eventually become a limited access roadway. Considerable discussion ensued as council discussed costs of the project and maintenance of the frontage road. Councilmember Wippermann took his chair at 8:57 p.m. MOTION by McMenomy to accept the Highway 52 Corridor Study and to refer it to the Planning Commission for review and recommendation. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by McMenomy to set a public hearing for the Highway 52 Corridor Study on November 16, 1993 at 8:00 p.m., or as soon thereafter as possible. SECOND by Klassen. .Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Community Center Manager Topitzhofer reported that he had checked the bulletin board regarding the special meeting notice, conferred with Susan Walsh, and advised that indeed the notice was in error. Staff was directed to post a new, corrected notice for the November 4, 1993 special meeting. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 2, 1993 Community Center Manager Topitzhofer briefly reviewed his correspondence regarding the recommendation to hire Dana Brodt as the new Rental Coordinator for the Community Center. Topitzhofer advised that Ms. Brodt accepted the position at a salary of $23,291 (1992 rate) and will begin her employment on November 17, 1993. MOTION by Klassen to recommend the hiring of Dana Brodt as Rental Coordinator at a salary of $23,291 with a starting date of November 17, 1993, subject to a successful pre employment physical and drivers license check. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Community Center Manager Topitzhofer requested that the council clarify the intent of their motion made at the October 20, 1992, city council meeting regarding the authorization to commit up to $15,000 to the 1994 World Ringette Championship. Topitzhofer advised that after listening to the audio tape of the meeting it appeared Mayor McMenomy had stated in his motion that this commitment was in the form of ice time, staff time. or cash. In response to questioning from council, Topitzhofer advised that ice time would total approximately $10,000, and to date, staff time already spent on the tournament was approximately $2,000 to $3,000. After discussion, council concurred that funding should be in the form of ice time and staff time, with no cash transfers. MOTION by Willcox to support the City of Rosemount's bid for the 1994 International Ringette Championship and commit involvement of staff time and ice time up to $15,000 with no fund transfers. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Interim City Administrator Wasmund reviewed his correspondence to the city council regarding Carlson Properties request to move the public hearing for their rezoning request and preliminary plat from the currently scheduled date of December 7 to a special meeting date of November 30. Because the proposed new schedule would compress an already tight schedule, increase the risk of errors, and the fact that grading has already begun on the project, council concurred that the original time schedule should be maintained. Councilmember Klassen advised that the November and December meetings of the MVTA will be combined and held on December 8, 1993 at 7:00 p.m. MOTION by Willcox to recess the meeting until the election results are in. SECOND by McMenomy. Ayes: 5. Nays: 0. The meeting recessed at 9:35 p.m. Mayor McMenomy reconvened the meeting at 9:48 p.m. 3 1 Administrative Assistant Walsh read the results of the election returns. Mayor E. B. McMenomy was re- elected as mayor with a vote of 712; Harry Willcox, 702; Sheila Klassen, 538; and one write -in vote for Ken Talbert. Results for the two seats for councilmembers were Joan Anderson, 865; Cathy Busho, 649; John Oxborough, 526; Ronald Jacobson, 482; John Wiederhold, 400; Donald Sinnwell, 365; Jeff Moser, 147; J. "Ole" Tranby, Sr., 185; one write -in vote for Harry Wilcox, and one write -in vote for Jay Hunt. MOTION by Wippermann to adopt a resolution declaring results of the election as they appear on the official summary statements completed by the election judges and submitted to the city clerk. SECOND by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by McMenomy to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. Meeting adjourned at 9:50 p.m. ATTEST: Ron Wasmund Interim City Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 2, 1993 Respectfully submitted, Deborah Widstrom Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -41. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 4, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Thursday, November 4, 1993, at 6:00 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with all members present. Also in attendance were Interim City Administrator Ron Wasmund and Administrative Assistant Susan Walsh. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy advised the purpose of the meeting was to interview five executive search firms which provided proposals for assisting the city council in selecting the next city administrator. Representatives from the following firms presented proposals to the Council: Jan Cooper of Jensen, Oldani Cooper, Paul Reaume of The Par Group, Cy Smythe of Labor Relations, Harry Brull of Personnel Decisions, Inc. and Jim Brimeyer of The Brimeyer Group. Following the presentations, the Council discussed each of the proposals. MOTION by McMenomy to hire Jim Brimeyer as the city's consultant for the city administrator selection process and to direct staff to negotiate with Jim Brimeyer. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Administrative Assistant Susan Walsh requested that Council amend the November 8, 1993 Special Council Meeting Agenda to include canvassing of the recount of mayoral votes cast at the November 2, 1993 city election. MOTION by Klassen to amend the November 8, 1993 Special Council Meeting Agenda to include the canvassing of the recount to be conducted on November 8, 1993. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by McMenomy to adjourn. Second by Staats. Ayes: 5. Nays: 0. ATTEST: Mistottei Ron Wasmund Interim City Administrator Respectfully submitted, Susan M. Walsh Administrative Assistant The City Council Agenda Packet is Clerk's File 1993 -42. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 8, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, November 8, 1993, at 6:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, and Klassen present. Councilmember Staats was out of town. Interim City Administrator Wasmund, Finance Director May, Police Chief Knutsen, community Center Manager Topitzhofer, Fire Chief Aker, Parks and Recreation Director Bechtold, Administrative Assistant Walsh and City Attorney Miles were also present. Mayor McMenomy led the audience in the Pledge of Allegiance. Councilmember Klassen added to the agenda Item 1. A. Dakota County League of Government for discussion. Klassen urged the Mayor or a City Council person to attend the November 10, 1993 meeting organizing the Dakota County League of Government. Councilmember Elect Joan Anderson was in attendance and agreed to attend this meeting. Budget discussion began regarding the Community Center budget. Topitzhofer explained the changes made. He confirmed that the Ringette commitment from City Council of $15,000 was to be made with time and staff, not a cash contribution. Finance Director May explained the tax levy process and the effect it has on the property taxes. Interim Administrator Wasmund reviewed the CIP Budget and many of the projects and /or items on it and their importance. Mayor McMenomy requested $100,000 be cut from the budget and set aside as a fund for a new fire truck. McMenomy did not want cuts in the area of police and fire services. Wasmund asked which programs or items the Council would remove. Council requested department heads to review their budgets and come back with cuts where possible. May reviewed the timetable for the budget approval with the Public Hearing on December 2, 1993, a Thursday, at 8:00 p.m.. If changes are required another public hearing will be held on December 15, 1993, a Wednesday, at 8:00 p.m. Administrative Assistant /City Clerk Susan Walsh reported the results of the recount of the mayor's office from the November 2, 1993 City Election. The votes cast for the office of mayor were as follows: E.B. McMenomy -713, Harry "Bob" Willcox -702, Sheila Klassen -537, and Ken Talbert -1. MOTION by Wippermann to approve A RESOLUTION AMENDING THE RESOLUTION DECLARING THE RESULTS OF THE CITY ELECTION ON NOVEMBER 2, 1993 FOR THE OFFICE OF MAYOR AS A RESULT OF A RECOUNT. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by Klassen to adjourn. Second by Wippermann. Ayes: 4. Nays: None. The meeting was adjourned at 9:10 p.m. Respectfully submitted, i 7 c 2 Linda Jenti�ik Recording Secretary ATTEST: Soma' Ron Wasmund, Interim City Administrator 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 8, 1993 The City Council Agenda Packet is Clerk's File 1993 -43. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 9, 1993 Pursuant to due call and notice thereof a Special Joint Meeting of the Rosemount City Council and the Rosemount Planning Commission was duly held on November 9, 1993 at 7:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Willcox, and Wippermann in attendance. Planning Commission members in attendance were Chairperson Busho, and Commissioners DeBettignies, Droste, Baago, and Ingram. Staff members present included Interim Administrator Ron Wasmund, Assistant Planner Rick Pearson, City Engineer Bud Osmundson, and City Attorney Mike Miles. Also attending was Port Authority Chair Ed Dunn and former Director of Planning Lisa Freese. Mayor McMenomy led the audience in the Pledge of Allegiance. Interim Administrator Wasmund advised that this Special Joint City Council /Planning Commission Meeting had been called for the purpose of holding a public hearing to hear public testimony on the final Comprehensive Guide Plan document. On October 21, 1993 the City Council reviewed the modifications to Rosemount's Comprehensive Guide Plan: Update 2000. These changes were made in response to Metropolitan Council's review of the document and their subsequent requirements for approval of the final Plan. Ms. Freese discussed the modifications made to the Metropolitan Urban Service Area (MUSA) boundaries and the rationale used by staff in determining those revisions. These adjustments to the MUSA boundary are in response to Metropolitan Council's directive to remove urban service area in the Plan to correspond with Metropolitan Council Land Demand Projections for the City of Rosemount. Other modifications to the Plan include: 1) a statement of recognition of the Rosemount Waste Water Treatment Plant's (WWTP) current capacity limitations and reference to the future Rosemount WWTP expansion project; 2) the adoption of a policy and an implementation schedule for mandatory biennial on- site septic system inspections; 3) land use redesignation from Agricultural to Urban Residential of a 47 -acre site west of Shannon parkway and south of County Road 42 to accommodate the Wensmann Realty, Inc. development proposal; and 4) land use redesignation from Residential to a combination of Business Park and Commercial of the property owned by Carlson Properties of Rosemount to comply with their request for development of a movie theater and related commercial uses. Planning Commissioner Ingram excused herself from the meeting at 8:30 p.m. Mr. Tim Dwyer, attorney representing the Kelley Trust, Mr. Reid Hansen, attorney representing CMC Heartland, Inc., and Mr. Rick Behrens, owner of commercial property at 14000 South Robert Trail, were present in the audience and contributed to the discussion concerning adjustments to the MUSA boundaries and land use designations. Mr. Dwyer stated his concern regarding the MUSA boundary changes but admitted his confusion about the City's 1 1 allocation of sewer units. Mr. Dwyer was satisfied that there had been no land previously in the MUSA taken away from the property that he represents. MOTION by McMenomy to close the public hearing. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Klassen. Nays: None. MOTION by Planning Chairperson Busho to recommend to City Council approval of the final draft of the City of Rosemount Comprehensive Guide Plan: Update 2000. Second by Planning Commissioner Baago. Ayes: DeBettignies, Droste, Busho, Baago. Nays: None. MOTION by McMenomy to adopt RESOLUTION 1993 -116 A RESOLUTION ADOPTING UPDATE 2000, A MAJOR REVISION TO THE COMPREHENSIVE GUIDE PLAN OF THE CITY OF ROSEMOUNT AS MODIFIED IN OCTOBER 1993. Second by Wippermann. Ayes: Wippermann, McMenomy, Klassen, Willcox. Nays: None. MOTION by McMenomy to adjourn. Second by Klassen. Ayes: 4. Nays: 0. ATTEST: �2',� LC�'Lfr Ron Wasmund Interim City Administrator 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 9, 1993 e ectfully di Donna Quintu Recording Secretary mitted, The City Council Agenda Packet is Clerk's File 1993 -44. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 16, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, November 16, 1993 at 7:30 p.m. in the Council Chambers at Rosemount City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, and Wippermann present. Councilmember Klassen was ill and Staats was on vacation. Staff present were Aker, May, Osmundson, Topitzhofer, Walsh and Wasmund. Also in attendance was City Attorney Miles. Mayor McMenomy called the meeting to order and led the group in the Pledge of Allegiance. Interim City Administrator Wasmund made an addition to the Agenda under the Administrator's Report, Item 9., Christmas Decoration Expense for City Hall. Administrative Assistant Susan Walsh introduced Jim Brimeyer, Brimeyer Group, Inc, who will be coordinating the search for a new city administrator. Brimeyer reviewed the progressive schedule for that selection. This next week interviews of City Council and staff will be held to develop a profile of the administrator's position. Council requested input from the residents and city employees. A tentative meeting was set for December 1st, a Wednesday evening, for this. The deadline for applications will be January 8, 1994 and interviews by February 13. Fire Chief Scott Aker requested input from City Council Members and the audience for direction on improving the Fire Department response time. A comparison was made for response time in 1985 and in 1993. The average response time in 1985 was 5 minutes 45 seconds and in 1993 it was 8 minutes and 15 seconds. The national response time goal and the one the Rosemount Fire Department would like to have as a goal, is 6 minutes. The increase in population has added traffic which is one reason for the slow response time. The location of the Fire Station on Brazil is centralized, but firefighters are not close by, so this could cause some delay. Staffing the Fire Station around the clock is very expensive and could increase the Fire Department budget by 5 to 12 times. Aker said that the purchase of a aerial fire truck would have to be explored through other means. The May 1993 referendum question for a truck was solidly turned down. This purchase could be separate from any satellite station building project. City Council concluded that a possible satellite station on the western side of Rosemount would help response time. Mayor McMenomy suggested a task force be formed after the first of the year to find what the needs are and to discover the residents' ideas. Eldon Stauffer, 3190 Lower 147th Street West stated he was not for the May, 1993 Fire Station referendum because he felt the 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 16, 1993 station was overbuilt and that the location would lower the fire protection for eastern Rosemount. Stauffer would approve the concept of a satellite station for western Rosemount. Stauffer also felt that the aerial truck was overpriced. Andre R. Menard, Sr., Supervisor of C.F. Industries, Inc. in Rosemount said he deals with hazardous waste fire protection and that equipment is extremely specialized and expensive just as the aerial truck cost is. Mayor McMenomy opened the Public Hearing for Trunk Highway 52 Corridor Study. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. City Engineer Bud Osmundson reviewed the joint study with the cities of Inver Grove Heights and Rosemount, Dakota County, Minnesota Department of Transportation, and Koch Refining. Engineer Bob Byers, of SEH, Inc., the project manager for the Corridor Study, gave a brief overview. The study followed Highway 52 from Concord Boulevard to the City of Coates. The first phase would start next year by placing stop lights at 117th Street. Frontage roads would be designed for less access directly onto Highway 52. Phase 2 would include on /off ramps at 117th Street allowing through traffic on Highway 52. Phase 3 would likely be 20 years away and include more ramps and continue down to Coates with frontage roads. Andre Menard, C.F. Industries, Inc., noted that a frontage road on the eastern side of Highway 52 from the curve going to Hastings north to 117th Street would allow his company's 16,000 to 18,000 trucks to enter Highway 52 in a safer location. Right now on the curve, traffic is often surprised by a slow moving truck entering or crossing the traffic flow. Byers noted this was a good suggestion. Marlin Rechtzigel, 14727 Clayton Avenue, suggested that industrial trucks use Rich Valley Boulevard to enter onto Highway 52. City Engineer Osmundson said that the road is not designed to have that amount of weight on it and would need major improvements. Councilmember Willcox did not want the maintenance of the newly formed proposed frontage roads to become the responsibility of the City of Rosemount. Willcox noted that up keep and maintenance is very expensive and time consuming. The proposed resolution was amended to include the frontage road issue. MOTION by Willcox to close the public hearing for Trunk Highway 52 Corridor Study. Second by Wippermann. Ayes: McMenomy, Willcox, Wippermann. Nays: None. MOTION by Wippermann to adopt A RESOLUTION RECEIVING THE TRUNK HIGHWAY 52 CORRIDOR TRANSPORTATION STUDY as amended. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy. Nays: None. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 16, 1993 Community Center Manager Topitzhofer introduced Dana Brodt, the new Rental Coordinator for the Community Center. Council welcomed Dana to Rosemount. MOTION by Wippermann to approve the Consent Agenda as listed. Second by McMenomy. Ayes: Wippermann, McMenomy, Willcox. Nays: None. City Engineer Osmundson discussed options for funding, doing a feasibility study update, and design concepts for street lights, road width, and underground utilities for 145th Street West improvements Chili Avenue to Cameo Avenue. This project is of major importance to the completion of the 12 inch watermain replacement which will enhance fire fighting capabilities and water pressure to the high school, armory, and residents in the northwestern area of Rosemount. This is the final section which will complete this project. Osmundson noted that a survey will be sent to residents this week and the results will be returned to Council on December 7, 1993. Councilmember Wippermann noted that the Chamber of Commerce and the Downtown Scoping Committee have been dealing with the lighting issue. Engineer Brian Bourassa said that the estimated cost for underground power lines in the original feasibility study was $280,000. This would not include the expense to bring it to each house. No action is required at this time. MOTION by McMenomy to approve the job descriptions and salary ranges for Building Attendant and Manager On Duty, and to authorize posting and advertisement for these two positions, not to exceed 2.87 combined full time equivalent. Second by Willcox. Ayes: McMenomy, Willcox, Wippermann. Nays: None. Interim City Administrator Wasmund requested Council's participation in joining the community with decorating the downtown area with garland and wreaths for the Christmas season. Garland can be purchased for $.75 per foot or $1.47 per foot installed. Wasmund recommended purchasing 100 feet of garland and a wreath. MOTION by Willcox to purchase Christmas decorations for the City Hall from the Rosemount Chamber of Commerce. Second by Wippermann. Ayes: Wippermann, McMenomy, Willcox. Nays: None. MOTION by Willcox to adjourn the meeting. Second by Wippermann. Ayes: 3. Nays: None. The meeting was adjourned at 9:10 p.m. Respectfully submitted, l'y2E� Linda JentiYlk, Recording Secretary 1 1 ATTEST: flinxu Ron Wasmund, Interim City Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 16, 1993 The City Council Agenda Packet is Clerk's File 1993 -45. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 18, 1993 Pursuant to due call a special meeting of the City Council of the City of Rosemount was duly held on Thursday, November 18, 1993, at 6:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. Staff present were: Knutsen, Topitzhofer, Aker, May, Walsh, Bechtold, Wasmund and City Attorney Miles. The Mayor led the group in the Pledge of Allegiance. Mayor McMenomy said the purpose of the meeting was to review the city budgets and give direction to staff. Interim Administrator Wasmund commented on the latest changes in the budget. Wasmund said the Operating Budget is very lean now and he could not make any recommendation to cut services. Also he noted that there was not funding available at this time for the fire truck. Discussion continued between City Council and department heads allowing for clarification of revenues and expenditures. Finance Consultant Dan O'Neill provided a letter explaining the Master Lease Program which is used extensively by the State of Minnesota to finance large cost items This program allows for more flexibility and more time to pay off the lease, but is at a higher interest rate. This may be a funding means for the purchase of a new fire truck. Attorney Miles said the state has used lease /purchase contracts since 1977. Legislation in 1985 was passed to allow the Master Lease Program to be used for anything with a re -sale value. Council requested additional information to determine what funding means might be used for the purchase of a fire truck from these options: 1) Master Lease Program, 2) Equipment Certificates, 3) pay up front, or 4) referendum. The Mayor noted that a task force will be formed after the first of the year to investigate possibilities for a satellite fire station and the purchase of a fire truck. Klassen said this process must include the long range plan for the city as well. City Council directed city staff to cut $20,000 from the operating budget to be put into an undesignated CIP fund and to have this information available far enough ahead of the December 2, 1993 Public Hearing for a thorough review. MOTION by McMenomy to adjourn. SECOND by Willcox. Ayes: 5. Nays: None. The meeting was adjourned at 8:00 p.m. Respect fully submitted, Linda Jentink Recording Secretary 1 ATTEST: ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 18, 1993 Ron Wasmund, Interim City Administrator The City Council Agenda Packet is Clerk's File 1993 -46. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 2, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Thursday, December 2, 1993, at 8:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Acting Mayor Wippermann called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. City staff members included Interim City Administrator Wasmund, City Attorney Miles, and Department Directors: Aker, Bechtold, Knutsen, May, Topitzhofer, and Walsh. Acting Mayor Wippermann led the group in the Pledge of Allegiance. Acting Mayor Wippermann opened the Public Hearing for the 1994 CIP and Operating Budgets. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. Interim City Administrator Wasmund and Finance Director May will give an overview of the 1994 budgets and levies. Questions will be answered, then comments will be accepted from the audience. City Council will then determine if the budgets and levies are acceptable and if so, they will be presented at the December 7, 1993 Regular City Council meeting for approval. Mayor McMenomy entered the meeting at 8:05 p.m. Interim City Administrator Wasmund explained the Truth and Taxation form that residents received contained the taxes for county, school district, special taxing districts and city. There have been structural changes in the formula for determining property taxes. Assessed values are generally up and any questions regarding this can only be answered by the Dakota County Assessors Office. It is a state wide trend that commercial and industrial values are down. Recent state and federal mandates have added additional costs to local governments and reduced funding that was formally available. Local community taxes have remained very low the last two years, but this year will require about an 8% raise in order to continue public services such as police, fire and street maintenance. Finance Director May noted that a public hearing has been set for December 15, 1993 at 8:00 p.m. in the event that further review of the budgets is needed and this will be determined tonight. May further explained the tax rate /levy expenditure comparison, our tax capacity rate comparison, city employee salaries, cost of independent contractors, the Community Center transfers, and cost of insurance premiums. The debt repayment for the Armory /Community Center was approved by the community in 1988 and 1990. Mayor McMenomy asked for public testimony. Russ Johnson, 12245 Chinchilla Court, noted the St. Paul Pioneer Press newspaper article showing administration costs very high for Rosemount. Wasmund noted the study was in draft form only 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 2, 1993 and that no uniform way of accounting was used. Because Rosemount has been growing steadily (since 1980 population has increased 70 city costs have gone up significantly. Other cities may be decreasing their needs and the study did not show this. Bob Geronomie, 3260 146th Street West, commented on the same newspaper article which showed Rosemount 39% higher than other cities in total spending. Geronomie said this is not acceptable. Also he noted the Stanton Group which regulates wages and is used widely in cities for setting comparable worth points and levels. City Clerk Walsh noted the comparable worth points are under revision and that the Stanton Plan is not used by Rosemount. The new ranges and points will be available in 1994 and probably implemented in 1995. Joe Altendorfer, 12050 Bicarde Avenue, commented on the increase in the unpaved roads budget. Wasmund said this allows for one inch of gravel over the 15 miles of unpaved roads in Rosemount. Altendorfer was not happy with the snow removal process. Wasmund noted that priority routes have been set to increase safety and efficiency. Chuck Stauffer, 14587 Delft Avenue, requested more funding be made available for a fire truck. Mayor McMenomy noted that a task force is being formed in January. 1994, to make a recommendation to City Council on a fire truck and possible fire station. Stauffer also noted the funds going to the Community Center. Director May said these funds are for community programs and none are for the ice arena. MOTION by McMenomy to close the Public Hearing for the 1994 Budgets and Levies. Second by Wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. City Counciimembers commented on the budgets and levies: Staats said he did not want services to be cut and felt that staff was running a very tight budget already. He would support the budgets. Wippermann noted that the St. Paul Pioneer Press article was not saying our taxes are higher. The League of Minnesota Cities does a yearly comparison of 95 cities in Minnesota and Rosemount has always been in the bottom third. This study is based on the same value homes in each city and is accurate. Wippermann will support the budgets. Willcox feels that the average city only needs 5 employees per 1000 population. This puts Rosemount over by 20 Willcox will not support the budget the way it is. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL, MEETING DECEMBER 2, 1993 Klassen commented that no one likes an increase in taxes, but Rosemount is a growing community and an increase is expected. Staff has shown they have worked with a bare bones budget for two years and there is a need now to maintain streets and increase police and fire protection. Klassen felt comfortable with the budgets and levies and will support it. McMenomy said he was not for the preliminary budget passed in September, but he believes a prudent effort was made to cut where possible. Staff has done a good fob, but McMenomy would hope further refinement can be made in the next few years especially when the city administrator's position is filled. McMenomy will support this budget. Interim Administrator Wasmund summarized the process and noted that the 1994 Budgets and Levies will be presented at the December 7, 1993 Regular City Council meeting for approval. If approved then, the December 15, 1993 Public Hearing will not be needed. MOTION by Staats to adjourn. Second by Klassen. Ayes: 5 Nays: None. The meeting was adjourned at 9:40 p.m. ATTEST: Susan M. W sh Administrative Assistant /City Clerk Respectfully submitted, Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -47. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, December 7, 1993, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. City staff members included Interim City Administrator Wasmund, City Attorney Miles, and Department Directors: Bechtold, May, Topitzhofer, and Wasmund; and Assistant Planner Pearson, City Engineer Osmundson, and Administrative Assistant Walsh. Mayor McMenomy led the group in the Pledge of Allegiance. Corrections and additions to the Agenda included: Item. 3.d. Downtown Scoping Report and Navy Base Update; Item 9.a. Resolutions Setting the 1994 Review and Budget Discussion; Item 9.g. Steve Belting Stop Sign Discussion; Item 9.i. CDBG Discussion; Item 9.j. Gambling Premises Permit Renewal Discussion; Item 9.k. 1994 Liquor License Renewal Discussion; Review of Minutes of February 1, March 10, and November 9, 1993; and Item 12. Update On Metropolitan Council /Comprehensive Guide Plan. Mayor McMenomy called for a closed session regarding a Hawkins Pond assessment for Mr. Hove and Mr. Helland. City Council retired to the Council Lounge at 7:35 p.m. The Mayor and Council reconvened the regular meeting at 7:45 p.m. MOTION by McMenomy to relinquish the assessments of $204 each from the Hawkins Pond Assessment, City Project 176, for Carroll Hove and Larry Helland because of extraordinary circumstances (i.e. house fronts off of Upper 145th Street West where the water run off flows to a nearby holding pond other than Hawkins Pond, and both residents had filed an appeal with the Dakota County Court and paid legal fees). Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Administrative Assistant Susan Walsh introduced Jim Brimeyer to present an update on the search for a City Administrator. Brimeyer reported he and his staff have interviewed many staff and community members, and presented to Council a draft position profile for the administrator position. Some changes and suggestions were made to the draft profile. The qualifications desired were to include a Masters Degree with experience in public relations, media, and cultural diversity. MOTION by Klassen to approve the City Administrator position profile prepared by Brimeyer, Inc. as amended. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Willcox to set a special Council meeting for January 25, 1994 at 7:00 p.m. to review candidates for the City 1 Administrator position. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Mayor McMenomy opened the Public Hearing for the Zoning Ordinance Text Amendment: Business Park District. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. Assistant Planner Richard Pearson gave an overview of the Business Park District. It uses a mixed use concept, combining accessory or limited retail, office, light industrial, and entertainment. When Metropolitan Council reviewed the Comprehensive Guide Plan it indicated that general commercial zoning would not be permitted in a business park. A designation was requested with flexibility and yet offer some controls. This zoning would be further described by BP -1, BP -2, BP -3, and BP -4. These Business Park Districts could overlap for flexibility, but performance standards would be based on existing Commercial and Industrial Park standards that result from access or exposure to arterial streets, location, and contiguous land uses. The Planning Commission recommended adoption of this zoning change. Discussion followed with input from the audience and Port Authority members. Some points made were whether or not entertainment should be an element included in a business park. An expert opinion was given by John Uban, a consulting planner, noting that entertainment is a vital element to a business park, it strengthens a retail draw and encourages other businesses. Ron Carlson stated that there would be greater security risk with outside inventory because of more activity in the area. Minnesota Department of Transportation MNDOT) had been contacted by Bob Muller on the safety of children crossing railroad tracks. Mr. Tom Engler, MNDOT noted that bike /train accidents are very rare and could only find record of one in Moorhead in 1987. MOTION by McMenomy to close the Public Hearing for the Zoning Ordinance Text Amendment: Business Park District. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. City Councilmembers commented. Staats did not want entertainment in the business park. Wippermann felt the Planning Commission had effectively planned for quality transition zones with flexibility and he would be in favor of the amendment. Willcox could not support a theater in the business park. Klassen was in support of the amendment and felt the competition between the two theater groups should not be a part of the city process. Mayor McMenomy was not comfortable with the amendment and would like further review of the business park district restrictions since it would effect other properties in Rosemount. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 MOTION by McMenomy to table action on the Zoning Ordinance Text Amendment: Business Park. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: Wippermann. Mayor McMenomy called for a ten minute break at 9:10 p.m. Mayor McMenomy opened the Public Hearing for the Rosemount Business Park: Preliminary Plat. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. 1 Assistant Planner Richard Pearson gave an overview of the preliminary plat for the Rosemount Business Park on the city owned property south of County Road 42 and east of Highway 3. The plat shows six primary lots, ranging in size from six to fifteen acres which could be further subdivided into fourteen lots of approximately two and one -half acres to seven acres in size. This allows flexibility for developing. MOTION by Wippermann to close the Public Hearing on the Rosemount Business Park: Preliminary Plat. Second by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE ROSEMOUNT BUSINESS PARK PRELIMINARY PLAT AND SETTING OUT CONDITIONS FOR FINAL APPROVAL. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy opened the Public Hearing for the Carrousel Plaza South Rezoning Petition. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. Assistant Planner Richard Pearson reviewed the Planning Commissions recommendation to approve the rezoning petition when a final plat is available. MOTION by Willcox to close the Public Hearing for the Carrousel Plaza South Rezoning Petition. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to table action on the rezoning petition as requested from Guetschoff Theaters, Inc. until approval of the Carrousel Plaza South final plat. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Mayor McMenomy opened the Public Hearing for the Carrousel Plaza South: Preliminary Plat. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. Assistant Planner Richard Pearson reviewed and recommended approval of the Carrousel Plaza South preliminary plat from the November 9, 1993 Planning Commission meeting. This would require a combining of three lots with a redesign of a tract of land which will create one lot (7.7 acres) for sale to Guetschoff 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 Theaters, Inc. for construction of a movie theater and remnant property for an outlot. MOTION by McMenomy to close the Public Hearing for the Carrousel Plaza South: Preliminary Plat. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox. Wippermann. Nays: None. MOTION by Willcox to adopt A RESOLUTION APPROVING THE CARROUSEL PLAZA SOUTH PRELIMINARY PLAT AND SETTING OUT CONDITIONS FOR FINAL APPROVAL. Second by McMenomy. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Interim Administrator Wasmund updated Council on the installment of Cable Casting of the City Council meetings in 1994. Start up costs will be about $35,000. A donation of $15,000 for this purpose needs to be used prior to July 1, 1994. Council requested staff to find out the number of residents that now have cable in the City of Rosemount being careful not to include Valley Park residents. Interim Administrator Wasmund gave an update on the Downtown Scoping Committee Final Report and Recommendations of August 18, 1993. The Port Authority and Utilities Commission would like to have a joint meeting and clarify some information in January. Wasmund noted that a review should be made of the space needs for the Public Works Department and Fire Department so that consideration of use of the Navy Base area can be made. Parks Recreation Director Bechtold said he has been in contact with the Navy Base Commander and Susan Wineberg of the University of Minnesota and that they are aware of the City's interest in this parcel. This land area is indicated in the Master Parks Plan as a future park. Klassen noted that the small pool on the Navy Base does offer something for residents. MOTION by Klassen to approve the Consent Agenda as amended under Corrections and Additions of Agenda. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Steve Belting, 4190 155th Street West submitted a petition to Council of signatures of 46 residents who agree that a stop sign should be placed at the corner of 155th and Danbury Avenue and a stop or yield sign at the intersection of 153rd Street and Danbury. City Engineer Osmundson will review but noted that the Uniform Traffic Control code book indicates where signage should be correctly placed. A recommendation from staff is requested for the next regular meeting. Questions were answered by Finance Director May and Interim Administrator Wasmund regarding the 1994 budgets and levies to be certified to the county. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 MOTION by Willcox to adopt A RESOLUTION APPROVING A SPECIAL TAX LEVY FOR FUNDING OF AN ARMORY. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to adopt A RESOLUTION LEVYING A TAX FOR CONSTRUCTION OF A STATE ARMORY BUILDING. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE 1994 GENERAL FUND OPERATING BUDGET, THE 1994 CAPITAL IMPROVEMENT PROGRAM BUDGET (CIP), THE 1994 -1998 CIP BUDGET AND THE 1994 LEVY REQUIRED BY THE CITY OF ROSEMOUNT. Second by Staats. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: Willcox. Administrative Assistant Susan Walsh explained the employee benefits selected through a bid process and recommendations of Mr. Azen, the City's consultant for insurance benefits and the Employee Benefits Committee. MOTION by McMenomy to award the medical insurance bid to Blue Cross Blue Shield, Aware Gold Limited Plan with Copays, award the dental insurance bid to Canada Life, Plan #2, and award the long term disability insurance to Fortis Benefits based upon an employee paid voluntary participation program. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. City Engineer /Assistant Public the replacement of the Utility after Mr. Romo retired. There recommends the hiring of Randy Works Director Osmundson reviewed Division Maintenance Level II were 27 applicants and staff Bellmore. MOTION by Staats to approve the hiring of Randy Bellmore as Maintenance Level II, Utilities Division Personnel effective December 27. 1993 subject to the passing of the pre employment physical and the driver's license check. Second by Klassen. Ayes: Klassen, Wippermann, Staats. Nays: Willcox. Abstain: McMenomy. Motion carried. Parks and Recreation Director Bechtold reviewed the selection of a Secretary Aide due to the resignation of Ms. Budinger. Six applicants were interviewed and Nancy Shrupp is recommended for the position. MOTION by Klassen to approve the hiring of Nancy Shrupp in the position of Secretary Aide for the Parks and Recreation Department. Starting salary is to be $8.16 per hour for 33 hours per week effective December 27, 1993, subject to the passing of the pre employment physical and the driver's license check. Second by Willcox. Ayes: Willcox, Wippermann, Staats, Klassen. Nays: McMenomy. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 City Engineer /Assistant Public Works Director Osmundson presented a request from Olga A. Strese and Hulda G. Knick for a deferment of special assessments for City Project 206, 145th Street Reconstruction. Both have stated hardship as a reason and this is permitted by the Assessment Policy and State Statutes which allow the City at its discretion to defer assessments for hardship cases. MOTION by Willcox to adopt A RESOLUTION ADOPTING DEFERMENT OF ASSESSMENTS FOR CITY PROJECT 206, 145TH STREET RECONSTRUCTION FROM SHANNON PARKWAY TO DIAMOND PATH, FOR PROPERTIES 34- 03010- 020-35, 013 -37, AND 010 -35. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Interim Administrator Wasmund gave an update of the Community Development Block Grant (CDBG: program with Dakota County Housing and Redevelopment. These funds can be re- apportioned easily but projects should be identified as soon as possible. Action was taken on this October 16, 1993. Councilmember Willcox left the meeting at 10:35 p.m. Discussion on the approval of the gambling premise permit submitted by Celebrity Bowl Charities, Inc. took place. Concern was voiced that funds should be spent for the benefit of Rosemount residents. Administrative Assistant Susan Walsh advised the City has no ordinance regulating gambling in Rosemount so charitable organizations are only regulated by State Statutes. Council consensus was to table action on the Celebrity Bowl Charities, Inc. application until the next meeting to allow the City Attorney and staff to provide information on this application and charitable gambling in Rosemount. MOTION by McMenomy to adopt A RESOLUTION APPROVING A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR THE ROSEMOUNT JAYCEES at Shenanigans. Second by Klassen. Ayes: McMenomy, Staats, Klassen. Wippermann. Nays: None. Discussion was held regarding the stipulation on the liquor license issued in July, 1993 to the owners of Last Call Bar Grill. This was to screen the garbage containers on the south side of the building. Administrative Assistant Susan Walsh said she will hold the 1994 Liquor License for Last Call until the screening has been completed. MOTION by McMenomy to approve the applications for renewal of liquor licenses for American Legion Post 65, City Limits Lanes Lounge, Mac's Bottle Shop, Shenanigans, and the VFW Post 9433 for the year 1994. Second by Wippermann. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to approve the application for renewal of the liquor license for Last Call Bar Grill subject to the completion of screening of the garbage containers on the south ,i 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 side of the building. Second by Wippermann. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: None. Administrative Assistant Walsh reviewed the Commission /Committee selection process. Additional advertisements were requested by Council. Eight positions total are available for Planning Commission, Utilities Commission, Parks and Recreation Committee, and Port Authority Commission. MOTION by McMenomy to set a Special Council meeting on Saturday, January 15, 1994, at 8:15 a.m. for the purpose of interviewing candidates for the citizen advisory commissions and committee and to except applications for such until January 7, 1994. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: None. Councilmember Klassen noted that appointments for other important organizations would need to be made. Klassen recommended Councilmember -elect Cathy Busho for the Council representative to Minnesota Valley Transit Authority (MVTA). MVTA meets the fourth Wednesday of the month in Burnsville. The Dakota Alliance for Prevention needs a representative for Rosemount. Some interest has been shown from the RAP group; no names are available at this time. Councilmember -elect Joan Anderson will represent Rosemount at the League of Dakota County Government. The USPCI Trust Fund may need another representative. Director Bechtold said it was time for recertification for the Tree City, USA Award given to those cities who depict an honest and active program to promote the protection of our natural habitat and trees. This allows Rosemount to become eligible for Minnesota Department of Natural Resource grants. Councilmember Staats left the meeting for a short break. MOTION by Wippermann to approve the application for recertification for the Tree City USA award. Second by McMenomy. Ayes: McMenomy, Klassen, Wippermann. Nays: None. Absent: Staats. Interim Administrator Wasmund presented the renewal contract with Knutson Services, Inc. for recycling. The Mayor was contacted by BFI, Inc. in regard to recycling for Rosemount. Wasmund said originally the contract was done by bid, and this could be done again next year. Consideration should be made that Knutson is located in Rosemount and provides about 50 jobs here. MOTION by Klassen to approve a Recycling Contract Agreement for recycling services between the City of Rosemount and Knutson Services, Inc. Second by Wippermann. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: None. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 Interim Administrator Wasmund has met with Kathy Boudreau, Property Manager of the University of Minnesota Rosemount Research Center and received agreement for an increase in charges for fire protection. Upon action by the City Council the agreement will be forwarded through the upper management of the University. MOTION by McMenomy to approve a Fire Protection Agreement with the City of Rosemount and the University of Minnesota. Second by Klassen. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: None. Interim Administrator Wasmund was contacted to have the sculpture in the commons area west of the senior center painted and possibly moved. The artist was contacted and expressed a strong desire to keep it a primary color, first choice orange, possibly red. A quote revealed that if a color change is made a second coat of paint would be required and cost substantially more. The name of the sculpture is "The Gathering" and Councilmember Klassen suggested that a park, possibly Erickson Community Square, would be a more appropriate location. Director Bechtold suggested that the Erickson Community Square Committee should review this. It was documented that the City was given the sculpture. Consensus was to table action on this until further information is received. Interim Administrator Wasmund met with Tom Caswell of the Metropolitan Council which approved amendments to the Comprehensive Guide Plan 2000 and implementation of it. Final review is taking place now and the first printing should be ready the first week in January. MOTION by McMenomy to go into a closed session regarding the AFSCME Union Contract. Second by Wippermann. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: None. The time was 11:10 p.m. MOTION by Klassen to approve the Labor Agreement between the City and the American Federation of State, County and Municipal Employees, Local No. 3875 for the period of January 1, 1993 through December 31, 1994. Second by Staats. Ayes: Wippermann, Staats, Klassen. Nays: McMenomy. MOTION by McMenomy to adjourn. Second by Klassen. Ayes: 4. Nays: None. The meeting was adjourned at 11:40 p.m. Respectfully submitted, 6 Linda Jentink, Recording Secretary 1 ATTEST: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1993 Ron Wasmund Interim City Administrator The City Council Agenda Packet is Clerk's File 1993 -48. ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING DECEMBER 7, 1993 Pursuant to due call and notice thereof a closed meeting of the City Council of the City of Rosemount was duly held on Tuesday, December 7, 1993, at 7 :35 p.m. in the Council Lounge at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. City staff members included Interim City Administrator Wasmund and City Attorney Miles Mayor McMenomy noted the purpose of the meeting was to explain the situation for Mr. Carroll Hove's and Mr. Helland's property in regard to the Special Assessment for Hawkins Pond, City Project 176. Mayor McMenomy reviewed the location and storm water runoff elevation. McMenomy also noted that Dakota County had received an appeal for Mr. Hove and Mr. Helland, but their attorney had failed to include them on the list of appeals. Consensus was to relinquish the $204 assessments for Hove and Helland from the Hawkins Pond Assessment, City Project 176, because of extraordinary circumstances (i.e. house fronts off of Upper 145th Street West where the water run off flows to a nearby holding pond other than Hawkins Pond, and both residents had filed an appeal with the Dakota County Court and paid legal fees). MOTION by McMenomy to adjourn. Second by Klassen. Ayes: 5 Nays: None. The meeting was adjourned at 7:43 p.m. Respectfully submitted, Linda Jentink, Recording Secretary ATTEST: Fi /�y� 6;4 6y Ron Wasmund, Interim City Administrator 1 1 ROSEMOUNT CITY PROCEEDINGS CLOSED EXECUTIVE SESSION DECEMBER 7, 1993 Pursuant to due call and notice thereof a special closed executive session of the City Council was held on Tuesday, December 7, 1993, at 11:15 p.m. in the Council Lounge at City Hall. Mayor McMenomy called the meeting to order advising the purpose of the meeting was to review a draft labor agreement between the City and AFSCME Local No. 3857. In attendance were Mayor McMenomy, Councilmember Staats, Councilmember Klassen, Councilmember Wippermann, Interim Administrator Ron Wasmund and Administrative Assistant Susan Walsh. Administrative Assistant Walsh reviewed the labor agreement with the City Council and answer questions from the Council. Following further discussion, a general consensus was reached to approve the contract as presented. MOTION by Wippermann to adjourn and reconvene to the regular council meeting. SECOND by Klassen. Ayes: 4. Nays: 0. Respectfully submit€ed, ATTEST: A Ron Wasmund, Interim City Administrator Sus Walsh, Administrative Assistant 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 1993 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was called to order on Tuesday, December 21, 1993 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, Wippermann and Willcox present. Staff present included Interim City Administrator Wasmund, Assistant Planner Pearson, City Engineer Osmundson, Community Center Manager Topitzhofer, Administrative Assistant Walsh, and City Attorney Miles. Mayor McMenomy led the group in the pledge of allegiance. Additions to the Agenda were: Item 4.c. High Speed Bus Coalition; Item 5. u. was amended to include the Dog and Cat Ordinance Amendment; Item 6.f. Rosemount Dakota Alliance for Prevention Appointment; and Item 6.f. Knutson Recycling Contract. Mayor McMenomy called City Council to a Closed Session on the McDonough /Sunrise Litigation at 7:36 p.m. The regular meeting was resumed at 7:50 p.m. Assistant Planner Rick Pearson gave an update on the new airport site and its Dual Track Site Selection Alternative Environmental Document (AED). The "Decision Document" will be presented to the legislature on June 29, 1996. Councilmember Klassen reported on the High Speed Bus Coalition which we are monitoring through the Minnesota Valley Transit Authority. A demonstration project is being proposed along the I -35W and I -494 corridors to improve travel time especially in rush hour traffic. Mayor McMenomy commented on several complaints he has received regarding dogs running at large. Administrative Assistant Walsh advised that the City has a leash law in effect for cats and dogs, and residents need to notify city staff when dogs are running loose. MOTION by Klassen to approve the Consent Agenda with an amendment to the November 9, 1993 minutes. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Administrative Assistant Walsh researched the request of City Council to have greater controls on the gambling licenses. Attorney Miles advised that the City is not in a position to regulate without an ordinance to establish criteria for legalized gambling entities within the City. MOTION by Willcox to adopt A RESOLUTION APPROVING A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT APPLICATION for Celebrity Bowl Charities, Inc. at City Limits Lanes and Lounge, 15400 South Robert Trail. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 1993 City Engineer Osmundson reviewed the request for traffic signs at 153rd Street and Danbury Avenue. Staff reviewed the traffic flow pattern and traffic counts and recommended stop signs along all side street intersections with 152nd Street and 153rd Street from Diamond Path to Shannon Parkway; and a yield sign on 155th Street at Danbury Avenue. MOTION by Klassen to adopt A RESOLUTION ESTABLISHING STOP SIGNS ALONG 152ND AND 153RD STREETS FROM DIAMOND PATH (THE APPLE VALLEY BORDER) TO SHANNON PARKWAY. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Klassen to adopt A RESOLUTION ESTABLISHING A YIELD SIGN ON 155TH STREET AT DANBURY AVENUE. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to approve the "On Sale" Liquor License and Special Sunday Liquor License for Last Call Bar Grill and if the premises for which the licenses are being granted are not brought into compliance with Section 4.9(D) of Ordinance B, which requires screening of junk and trash containers, by May 1, 1994, the Council may revoke the licenses granted by this motion, Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Assistant Planner Rick Pearson reviewed the development agreement for Carrousel Plaza South Final Plat. The Planning Commission reviewed it December 14, 1993 with several questions on the draft agreement. The Public Hearing was held on December 7, 1993. Attorney Miles reported that a special meeting had been held on December 20, 1993 with city staff, the Carlsons, and GTI Theaters Inc. to complete the development agreement. Interim Administrator Wasmund noted that he felt comfortable that the document is correct. City Attorney Miles commented that the City is well protected and didn't feel the City would be at risk for anything contained in the document. Councilmember Klassen noted that proper process was not followed with the Development Agreement of Carrousel Plaza South. She felt it is an important document and should be re- submitted to the Planning Commission and the Utilities Commission. Klassen asked Interim Administrator Wasmund if all projects are handled this way, Wasmund commented, "No, and I prefer that in the future projects follow proper process." Klassen cautioned the Council that by doing this "fast track" planning, favoritism is shown to the developer. Council consensus was that Carrousel Plaza South was a unique situation and the development agreement was agreeable. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE CARROUSEL PLAZA SOUTH FINAL PLAT and to authorize execution of the Carrousel Plaza South Development Agreement. Second by Willcox. Ayes: McMenomy, Staats, Willcox, Wippermann. Nays: Klassen. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 1993 Klassen cautioned that inappropriate zoning uses would be in place if GTI Theaters Inc. do not for whatever reason, build. Klassen preferred a different zoning be used. MOTION by Willcox to adopt ORDINANCE B -34 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE. Second by McMenomy. Ayes: Staats, Willcox, Wippermann, McMenomy. Nays: Klassen. Councilmember Klassen recommended Penny and Lenise Butler for consideration for appointment to the Dakota Alliance for Prevention (DAP). Klassen said both people would be an asset to the DAP program and would bring to that program some real experience in having to live in an environment where drug abuse is a problem and, consequently, would bring some good insight into solutions. MOTION by Klassen to appoint Penny Butler with Lenise Butler as an alternate to the Dakota Alliance for Prevention (DAP) group to represent the City of Rosemount. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy requested some background information on the contract with Knutson Rubbish Services. Wasmund clarified that other haulers are not forbidden to do recycling in Rosemount. Mayor McMenomy noted that next year's contract should be reviewed regarding free enterprise versus a contract. City Engineer Osmundson reviewed the Carrollton IV drainage problem. Mr. Dan Hanscom was not satisfied with the Utilities Commission review of this drainage problem. Hanscom and his neighbors feel their homes are in jeopardy. Hanscom researched the National Weather Service and found that the rainfalls this year have not been considered the "100 Year Storm" variety. In view of these findings Hanscom was concerned and requested help from the City to resolve the drainage problem before homes are ruined. Engineering staff reported that there was no easy fix to this and that the private developer's design plan is such as to allow ponding. Residents confirmed that they were not told there was drainage easements in their backyards prior to their purchasing the houses. MOTION by Klassen to monitor Carrollton IV drainage problems and to order a feasibility report to determine short term and long term solutions to the back yard ponding. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Klassen to review the development agreement to look at the pros and cons of the engineer taking over all drainage design responsibility and possibily taking over all engineering projects. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 1993 Further discussion followed with Council directing staff to have the City Attorney review the development contract to dtermine if the City has any legal recourse for any improvements that may have to be done to resolve the drainage problems in Carrollton IV development. MOTION by Willcox to enter a contract with Dakota County Tribune, Inc. for the publication of a monthly newsletter, minutes and agenda at the same costs as 1993 for the period of January 1, 1994 through December 31, 1994. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by McMenomy to approve the State Boxing Commission to conduct one boxing exhibition in the Community Center. Second by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Scheduled for February, 1994. MOTION by Klassen to approve the hiring of Vernon LaBeau as Maintenance Level I, Street Division Personnel, effective January 10, 1994 subject to the passing of the pre employment physical and the driver's license check. Second by Wippermann. Ayes: Klassen, Wippermann, Staats. Nays: Willcox. Present: McMenomy. Motion passed. MOTION by Klassen to hire Jeff Lawrence, Mike Culver, Cory Larson, Tom Murphy, Paul Morget, Curtis Hermanson, Eric Cook, Kelly Dinneen, and Tom Steinle as Building Attendants, and Jane Mollman, Eric Carlson, Pat Schesso, Jodell Welsh, and Dave St. Aubin as Managers On Duty pending successful physical and drivers license check. Second by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Klassen to approve a RESOLUTION OUTLINING NON UNION FULL TIME STAFF SALARY AND BENEFITS FOR 1994. Second by Wippermann. Ayes: Wippermann, Staats, Klassen. Nays: McMenomy, Willcox. Motion passed. Council had some reservations on the the location of the proposed Dakota County Juvenile Detention Facility. MOTION by McMenomy to table action on support for a Juvenile Detention and Treatment Facility in Dakota County. Second by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Mayor McMenomy thanked Councilmembers Harry Willcox and Sheila Klassen for serving on the City Council for the last four years. Interim Administrator Wasmund proposed a joint meeting on the Business Park zoning designation with the Port Authority, Planning Commission and City Council. The Port Authority proposed January 10, at 6:30 p.m. 1 1 1 MOTION by McMenomy to set a special meeting to review the Business Park zoning designation with the Port Authority, Planning Commission and City Council on Monday, January 10, 1994, at 6:30 p.m. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Community Center Manager Topitzhofer announced a "ribbon cutting" ceremony on Sunday, December 26, 1993 at 1:00 p.m. at the Community Center Ice Arena. MOTION by McMenomy to adjourn. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. The meeting was adjourned at 9:50 p.m. ATTEST: Ron Wasmund Interim City Administrator The City Council Agenda Packet is Clerk's File 1993 -49. Linda Jentink Recording Secretary Respectfully submitted, 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 1993 1 1 ROSEMOUNT CITY PROCEEDINGS CLOSED SESSION DECEMBER 21, 1993 Minutes to be approved following all litigation for the McDonough /Sunrise case. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 4, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 4, 1994 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Interim City Administrator Wasmund administered the oath of office to the elected Edward B. McMenomy, Mayor and elected City Council Members Joan M. Anderson and Cathy Busho. Mayor McMenomy called the meeting to order. Mayor McMenomy and Councilmembers Anderson and Busho joined Council members Staats and Wippermann at the dais. The Mayor called for the Pledge of Allegiance. Reverend Johnson of the First Baptist Church gave the invocation thanking God for our many blessings and praying for guidance in local and national government. Staff present included: City Attorney Miles, Interim Administrator Wasmund, Administrative Assistant Walsh, Finance Director May, Assistant Planner Pearson, Parks Recreation Director Bechtold, City Engineer Bud Osmundson and Community Center Manager Topitzhofer. Additions to the Agenda were as follows: Item 7.b. 145th Street Reconstruction; Item 8. a. Minnesota Valley Transit Authority, High Speed Bus Project; Item 8.b. Planning Commission Meeting Time Discussion; Item 8.c. League of Minnesota Cities Newly Elected Official Seminar Feedback; Item 8.d. Designation of Official Newspaper, a Consent Agenda Item that was moved for discussion under New Business; and Item 10. Update on Administrator Search. Parks and Recreation Director Bechtold introduced Nancy Schrupp, Secretary Aide for the Parks Recreation Department. Nancy started her employment on December 27, 1993. Council welcomed her. City Engineer /Assistant Public Works Director Osmundson introduced Randy Bellmore, Maintenance Level II. Randy began employment on December 27, 1993. Council welcomed him. MOTION by McMenomy to approve the Consent Agenda with an amendment to the December 21, 1993 minutes and Item 5.q. pulled for discussion under New Business on the designation of the official newspaper. Second by Wippermann. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. City Engineer Osmundson reviewed the Through Highway 52 (TH 52) corridor study which was adopted by the City and became part of the City of Rosemount's Comprehensive Guide Plan. The frontage road along the Koch Refining Company side of TH 52 would be extended to 117th Street and eventually south to Coates. Council has discussed the idea of having this frontage road turned back to the City. MNDOT (Minnesota Department of Transportation) can 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 4, 1994 choose to do this with or without City permission. Osmundson noted that the safety issue of this road should be a priority to possible maintenance expense. Koch Refining Company has indicating they will be willing to continue snow plowing of the frontage road that effects their employees. Also this will increase the number of miles of road in Rosemount and thereby increase the amount of State Aid funding available. Ray Knutson and Buz Anderson from Koch Refining were present to answer questions. They confirmed their company has maintained and done improvements to the frontage road in the past. Some details would need to be worked out such as liability, but they are willing to cooperate. MOTION by Wippermann to adopt A RESOLUTION FOR TEE CITY TO RELUCTANTLY ACCEPT THE TURN BACK OR RELEASE OF THE FRONTAGE ROAD ON TH52 FROM MNDOT. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Mayor McMenomy called for a short break at 7:56 p.m. The meeting resumed for the Public Hearing at 8:00 p.m. Mayor McMenomy opened the Public Hearing for the Appeal of Variance Decision by James Atwood, 3190 145th Street West concerning the placement of a garage on his residential lot. The recording secretary noted that the affidavits of Posted and Published Notice were on file. Assistant Planner Pearson gave an overview of the variance as granted by the Planning Commission acting as The Board of Appeals and Adjustments. This would enable Atwood to remove a barn shaped structure and replace it with a two stall residential garage. Planning Commission gave consideration to the set back requirements, site lines for neighbors, and the right -of -way for the sidewalk. The granted variance for the street side was 22 feet, side yard was 5 feet, and rear yard was 25 feet. The actual variance was five feet from street side setback standards. The requested variance would have affected three feet of that setback. Pete Atwood, 3190 145th Street West showed pictures of his narrow lot, a drawing of his house location and right -of -way lines. He noted the hardship it would cause to any future additions to his house and that his backyard would be eliminated. He asked that the garage be located 25 feet from the street. MOTION by McMenomy to close the Public Hearing of the Appeal of Variance Decision by James (Pete) Atwood at 3190 145th Street West. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Mayor McMenomy requested time to see the Atwood home and consider the location of the garage at the next regular City Council meeting. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 4, 1994 Wippermann did view the Atwood lot and agrees that further back would be an improvement. Busho noted that Planning Commission made a thorough site plan review and stands with their recommendation. Anderson would like it moved back. Assistant Planner Pearson noted that 19 feet is the standard parking space requirement, the amount in front of the garage with Atwood's proposed placement only leaves 7 feet to the street side property line. This would cause a car parked there co stick out into the right -of -way and the sidewalk area. MOTION by McMenomy to table any action on the appeal of the variance decision by the Planning Commission for James Atwood, 3190 145th Street West. Second by Staats. Ayes: Staats, Anderson, Wippermann, McMenomy. Nays: Busho. City Engineer Bud Osmundson reviewed the results of a survey taken regarding 145th Street reconstruction. The responses are summarized and basically show a 50/50 split on all of the questions asked. The questions asked what option the resident would like, (1) Parking on the north side or the south side (2) Parking on both sides (3) buried or overhead utilities and (4) Would you like decorative lighting? MOTION by McMenomy to adopt A RESOLUTION ORDERING AN UPDATED FEASIBILITY REPORT FOR CITY PROJECT NO. 245. Second by Staats Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Wippermann noted that the Rosemount Chamber of Commerce Committee endorsed the enhancement of the city center and discussed decorative lighting to define the entrances to the city. Assistant Planner Pearson asked for support of the Minnesota Valley Transit Authority High Speed Bus Project. It is intended to provide a higher level of transit service across the metro area that would be independent of Light Rail Transit. This study and others are looking for ways to lift some of the burden of maintenance upkeep and congestion of roads in the future by using busses in high occupancy vehicle lanes. MOTION by Wippermann to adopt a RESOLUTION IN SUPPORT OF AN APPLICATION FOR SERVICE BUDGET MANAGEMENT MODEL GRANT for the High Speed Bus Project. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Wippermann asked City Council to consider a change of time for the Planning Commission regular meetings so that residents and interested parties could more easily attend. Mayor McMenomy agreed that he has had people complain that the meeting was too early. Staff was requested to discuss this issue with the Planning Commission and to bring back this information to Council for further discussion. 3 Councilmember Busho asked for feedback from other City Councilmembers regarding the training provided by the League of Minnesota Cities seminars. All responded favorably. Busnc and Anderson plan on attending in February. Mayor McMenomy asked why in the commission by -laws, elected officials are not allowed to apply for a commission. Interim Administrator Wasmund said he would research this and check statutory requirements and surrounding cities applications. City Attorney Miles commented on the official newspaper designation. The Rosemount Town Pages has now filled its requirements to be qualified for legal publications and has requested to become the City of Rosemount's Official Newspaper. Miles noted that under state statutes a newspaper within the city's boundary if available and qualified must be used. MOTION by McMenomy to designate the "Rosemount Town Pages" as the City of Rosemount official legal newspaper for the year 1994. Second by Wippermann. Ayes: Wippermann, Staats, Busho, Anderson. Nays: None. Abstain: McMenomy. Interim Administrator Wasmund reported that 55 applications have been received for the City Administrator position. All applications received will be reviewed by Brimeyer Group and narrowed to a field of 15. Those 15 applications will be reviewed by Council on January 25, 1994, at 7:00 p.m. Five will be selected for interviews to be held February 11 and 12. MOTION by McMenomy to adjourn. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. The meeting was adjourned at 9:32 p.m. ATTEST: 4 1f (aaae4 Ron Wasmund Interim City Administrator 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 4, 1994 Respectfully submitted, 3 Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -1. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 10, 1994 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, January 10, 1994, at 6:32 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Wippermann, Staats, Busho and Anderson present. City staff included City Attorney Mike Miles, Economic Development Coordinator John Miller, and Assistant Planner Richard Pearson. Commissioners present were: Planning Cathy Busho, Bill DeBettignies, and Lorrayne Ingram; Port Authority Kevin Carroll, Ed Dunn. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy discussed the Business Park Zoning Text Amendment. This zoning would be for the whole of Rosemount, not just the city owned business park. The city owned business park can be regulated additionally by covenants or development agreements. Port Authority requested directives from City Council to know how to market the city business park. Assistant Planner Pearson explained an alternative of including Conditional Use Permits (CUP) in the text amendment. This process would require a public hearing which allows City Council more control. Economic Development Coordinator Miller agreed the CUP process would allow for the maximum control by City Council with a 3/5 vote. The rezoning process requires a 4/5 vote by Council. Port Authority Chair Dunn disagreed. In the past, cities like Apple Valley and Eagan have used this method, and after many years the mixed uses does not finally arrive at a well planned city. Dunn said this is not the answer. Planning Commissioner /City Councilmember Busho noted that the Planning Commission had thoroughly researched the Business Park designations. Many of the areas noted were near residential housing and so more restrictions were deemed necessary. Much time and preparation went into this text amendment. McMenomy noted that the Business Park (BP) designations of BP -1, BP -2, BP -3, and BP -4 is not fair to other businesses or developers. The Port Authority is acting as a private developer for the city business park and the issues need to be separate as the meeting intended. Mayor McMenomy requested additional time to study the text amendment and it was tabled until the next regular meeting. City Councilmember Anderson requested that staff study the adult entertainment regulations in Rosemount and report back to City Council, 1 MOTION by Wippermann to adjourn. Second by Staats. Ayes: 5 Nays: None. The meeting was adjourned at 8:30 p.m. Respectfully submitted, ATTEST: E. B. McMenomy, Mayo l� The City Council Agenda Packet is Clerk's File 1994 -2. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 10, 1994 Linda Jentink; Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 15, 1994 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on January 15, 1994 at 8:15 a.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Council Members Staats, Wippermann, Anderson, and Busho present. Interim Administrator Ron Wasmund was also present. Mayor McMenomy led the audience in the Pledge of Allegiance. The purpose of the special meeting was to interview applicants for positions on various commissions and committees for the City of Rosemount. A schedule of about twelve minute interviews of 21 applicants was set for the morning. City Council reviewed their recommendations to be approved at the next City Council meeting. Appointed commissioners would be given the Oath of Office at the first regularly scheduled meeting of their commission or committee in February. MOTION by McMenomy to adjourn. Second by Wippermann. Ayes: 5. Nays: None. The meeting was adjourned at 12:50 p.m. ATTEST: E. B. McMenomy, Mayor Respectfully submitted, Ron Wasmund Interim City Administrator The City Council Agenda Packet is Clerk's File 1994 -3. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 18, 1994 Pursuant to due call the regular meeting of the City Council of the City of Rosemount was cancelled at 3:30 p.m. on Tuesday, January 18, 1994 because of the extreme cold weather with a wind chill of -59 ATTEST: fr E.B. McMenomy, Mayor Respectfully submitted, f o r The City Council Agenda Packet is Clerk's File 1994 -4. Linda JentiA Administrative Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 25, 1994 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council duly held on January 25, 1994 at 7:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Council Members Staats, Wippermann, Anderson, and Busho present. Staff members present included Interim Administrator Ron Wasmund, Assistant Planner Rick Pearson, Administrative Assistant Susan Walsh, Community Center Manager Topitzhofer, Parks and Recreation Director Bechtold and City Attorney Mike Miles.. Mayor McMenomy led the audience in the Pledge of Allegiance. Mayor McMenomy called for any additions to the agenda. Interim Administrator Wasmund added Item 4.a. Appointing a Minnesota Valley Transit Authority representative. Mayor McMenomy introduced the Business Park Zoning Text Amendment. McMenomy felt there was not enough flexibility in the permitted uses at this time and that the amendment might be too restrictive to certain businesses. Rick Pearson, Assistant Planner, explained that if a zoning change is requested that more control is offered by using the Planned Unit Development process. This requires a four fifths vote by City Council for approval. Councilmember Busho being on the Planning Commission for the past two years, explained how they selected the twenty -two permitted uses for the Business Park zoning. Some was limited in order to keep a higher quality or light manufacturing uses for Business Park zoning. Councilmember Staats wanted Council to remember that it is not known what type of businesses will bring proposals to Council. Staats stated the City shouldn't be too restrictive. The city business park is not so special that developers won't be comparing other locations. Interim Administrator Wasmund said zoning is the control. If a developer requests re- zoning you have that control. If the zoning is not somewhat restrictive you don't have the right to say, "no" if it is one of the permitted uses. Pearson noted that a paragraph could be added, "or other uses as the Council deems fit." Discussion continued with varied views. A compromise was made adding gasoline stations with accessory business, i.e. car wash, quick lubes, convenience store and adding day care, nursery, and Montessori schools to the permitted uses. MOTION by McMenomy to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE providing for the additions of a Business Park District as amended with associated definitions and minimum development standards. Second by Staats. Ayes: Wippermann, Staats, Anderson, Busho, McMenomy. Nays: None. MOTION by McMenomy appointing names listed in executive summary to respective commissions and committees for length of term listed. Second by Staats. Ayes: Staats, Anderson. Busho, McMenomy, Wippermann. Nays: None. These commission and committee appointments were as follows: Port Authority Joan Anderson (1 year), Cathy Busho (6 years), James Staats (2 years); Planning Commission Patrick McDermott (3 years) Jay Tencinger (3 years); Parks and Recreation Committee Michael Eliason (3 years), John Howard (3 years), Jeff Moser (3 years); Utilities Commission Shawn Mulhern (3 years). MOTION by Staats to appoint Councilmember Busho as Minnesota Valley Transit Authority Commissioner and delegate for the City of Rosemount. Second by Wippermann. Ayes: Anderson, McMenomy, Wippermann, Staats. Nays: None. Present: Busho. MOTION by Wippermann to accept the proposal from CIT Incorporated to provide the networking for the Community Center utilizing funds from the Community Center Construction funds (427- 48000 -01- 586). Second by Staats. Ayes: Busho, McMenomy, Wippermann, Staats, Anderson. Nays: None. Community Center Manager Jim Topitzhofer noted that offices for staff were needed at the Community Center. It would be eleven work stations and two executive offices. Because of the large expense Topitzhofer agreed to furnish the two executive offices with furnishings from the city hall until such time improvements can be afforded. MOTION by Staats to approve the purchase of office furniture from Rosemount Office Systems, Inc. in the amount of $22,942.48. Second by Anderson. Ayes: Wippermann, Staats, Anderson, Busho. Nays: McMenomy. MOTION by Busho to approve the expenditure of $12,795 to Adirondack and $10,642 to MIGHTY LITE for tables and chairs at the Community Center. Second by Staats. Ayes: Staats, Anderson, Busho, McMenomy, Wippermann. Nays: None. Administrative Assistant Walsh introduced Jim Brimeyer, head of the selection firm looking for a City Administrator for Rosemount. Brimeyer had selected 12 candidates from 82 applications. Profiles of these 12 candidates were reviewed. Six candidates were chosen for interviews by the City Council. Brimeyer received a consensus from Council on negotiable items and issues if a candidate is selected following the February 12, 1994 interview session. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 25, 1994 MOTION by McMenomy to adjourn. Second by Wippermann. Ayes: 5. Nays: None. The meeting was adjourned at 10:50 p.m. ATTEST: &4t 14 Ron Wasmund Interim City Administrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 25, 1994 Respectfully submitted, t,inda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -5. 3