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HomeMy WebLinkAbout32666 - FEBRUARY - NOVEMBER 1994ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 1, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 1, 1994 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 Anderson, Busho, Wippermann and Staats present. 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, Economic Development Coordinator Miller, Community Center Manager Topitzhofer, Fire Chief Aker, and Police Chief Knutsen. Mayor McMenomy lead the group in the Pledge of Allegiance. Additions to the Agenda were as follows: Item 3.b, MVTA A Transportation in the Community Workshop; Item 6. g. Discussion of Shamrock Square; Item 8. Community Center Construction Budget Update; also noted was a petition to be presented with the Senior Housing issue, Item 5.c. Bud Osmundson, City Engineer /Assistant Public Works Director introduced Vern LaBeau, a new employee in the position of Maintenance Level I. Vern brings twenty years experience in large equipment handling and procedures. Vern started on January 10, 1994. Council welcomed him. Assistant Planner Richard Pearson presented a seminar on transportation which the Minnesota Valley Transit Authority will help fund. Councilmember Cathy Busho will be attending the February 23, 1994 seminar. Others interested are encouraged to attend. MOTION by Wippermann to approve the Consent Agenda with an amendment to the January 4 and January 25, 1994 minutes. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. The Mayor continued the Appeal of Variance Decision by James (Pete) Atwood, 3190 145th Street West which had been tabled at the January 4, 1994 meeting. Assistant Planner Pearson showed a drawing of the placement of the Atwood home, out building, property lines, and right -of -ways. Discussion was held by City Council regarding the placement of a garage. Pete Atwood noted he would like a few more feet to be able to add a deck to the back of his house. A four foot compromise was reached. MOTION by Anderson granting a variance for James (Pete) Atwood, 3190 145th Street West as follows: 21' north of the south property line, 14' west of the east property line and 25' from the sidewalk along Canada Avenue for the placement of a garage. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 1, 1994 Wippermann. Nays: None. Administrative Assistant Walsh presented a request from the Rosemount Town Pages to additionally service the City by publishing the city's monthly newsletter and city council minutes. Doug Heikkila made a presentation for the Town Pages. Bob Temple made a presentation for the This Week publication which now publishes the city monthly newsletter and the minutes. After discussion, Council decided to remain with the This Week mainly due to its larger circulation but to reconsider the Town Pages next January and compare its circulation at that time. No motion was required. Mayor McMenomy called for a break at 8:10 p.m. The meeting was resumed at 8:20 p.m. Senator Pat Pariseau talked briefly about the upcoming Legislative Session. Some topics to be discussed are annexation, taxation, and school funding. Mayor McMenomy noted the sewer capacity concerns Rosemount has and that the Orfield Bill could not be supported if it takes sewer capacity from the suburbs for the metro area. The Senator thanked Council for the time.. Diane Nordquist from the Dakota County Housing and Redevelopment Authority made a short slide presentation of senior housing projects which have taken place in Dakota County since 1988. The slides showed how the buildings can be designed to fit into a neighborhood nicely. Nordquist offered tours of the Senior Housing Projects. John Oxborough, 14690 Cameo Avenue, presented a petition to City Council opposing the site selected for the senior housing. Oxborough voiced concerns for the residents in the area including property value decreases, need of a buffer zone, relocation issues, and against having a three story building in a residential area. Discussion followed by the City Council. Council reached a consensus that the Cameo site was the most appropriate location, at this time, for the Senior Housing Project. MOTION by McMenomy to approve the development agreement and cooperation agreement between the Dakota County Housing and Redevelopment Authority and the City of Rosemount initiating the development process for construction of a 40 unit senior housing project and accepting the petition presented opposing the site selected for the project. Second by Wippermann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Administrative Assistant Walsh noted that state law prohibits public jurisdictions to hold meetings after 6:00 p.m. on the evening designated for precinct caucuses. Minnesota DFL and IR parties will be holding caucuses on March 1, 1994 at 7 :00 p.m. The City Council needs to reschedule their regular meeting. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 1, 1994 MOTION by McMenomy to change the date of the March 1, 1994 regular council meeting to March 2, 1994, at 7:30 p.m. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Administrative Assistant Walsh advised that the residents of the Senior Citizen Center and condominiums and /or participants at the senior citizens center presented petitions requesting the City of Rosemount to create an ordinance prohibiting any immoral entertainment, such as topless dancers and women oil wrestlers. Attorney Miles noted that the City of Coates has a case going to Supreme Court which will affect Rosemount's freedom of expressions position. Attorney Miles will provide additional information regarding a draft model ordinance at the next Council meeting. MOTION by McMenomy to receive and place on file the petitions for concerns of entertainment such as topless dancers and women oil wrestlers. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Brian Bourassa, P.E. of OSM Engineering gave an overview of the Shannon Hills 6th Addition project. It is being developed by Ground Development with total estimated project costs of $474,300. A lift station will be required with costs covered partially by the developer and by the stormwater utility fund. The Public Hearing would be March 2, 1994. MOTION by Wippermann to adopt A RESOLUTION RECEIVING FEASIBILITY REPORT /SETTING PUBLIC HEARING FOR SHANNON HILLS 6TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 251. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. City Engineer Osmundson noted the options available for the 145th Street Improvements from Chili Avenue to Cameo Avenue, City Project 245. Brian Bourassa, P. E. of OSM Engineering reviewed the updated feasibility report with alternatives to road width and underground utilities. Osmundson noted that Northern States Power Company indicated that each homeowner would have the option to go overhead from the rear or front of the homes depending on location, or go underground. Street scaping was discussed including decorative lighting, trees and sidewalks. MOTION by McMenomy to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT FOR 145TH STREET IMPROVEMENTS FOR CHILI AVENUE TO CAMEO AVENUE, CITY PROJECT 245 with consensus of the City Council was for Option 2, the 44 foot width and overhead utility relocated with a 6 foot sidewalk; the informational meeting will be held between February 1 and March 2; and the Public Hearing set for March 2, 1994. Second by Anderson. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 1, 1994 Councilmember Anderson noted she would not be available March 2, 1994 for that meeting. Parks and Recreation Director Bechtold and city staff reviewed the present Parks and Recreation Regulations contained in Title 4, Chapter 3 of the City of Rosemount Ordinance. The ordinance was updated by the Parks and Recreation Committee and reviewed by the city attorney for Council approval. MOTION by Busho to adopt ORDINANCE NO. XVI.27, AN ORDINANCE REPEALING TITLE 4, CHAPTER 3, PERTAINING TO PARRS REGULATIONS AND SUBSTITUTING A NEW ORDINANCE THEREFORE. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Director Bechtold discussed grants available for land acquisition for parks. MOTION by McMenomy to set Public Hearings on Wednesday, March 2, 1994 at 8:00 p.m. or as soon thereafter as possible to consider the Birger Pond land acquisition grant proposal and to consider the land acquisition of the prairie area north of Carrolls Woods. Second by Wippermann. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Discussion was held regarding the proposed office building, Shamrock Square by Kerry Johnson. MOTION by McMenomy to advise the Port Authority that City Council is not prepared to accept a proposal other than originally proposed by the Johnsons. Second by Anderson. Ayes: McMenomy, Staats, Anderson. Nays: Wippermann, Busho. Mayor McMenomy requested staff to research the pro's and con's of having the mayor's term changed from a two year term to a four year term. Interim City Administrator Wasmund gave an update on the change orders required for construction of the Community Center. The two major expenses were the storm water pond which added $85,000 and the acceleration of the arena construction schedule which was $28,587. Attorney Miles noted that some charges may be contested. MOTION by Anderson to balance the Community Center construction budget authorizing transfers from funds as follows: 1) Establish a master lease credit line of $98,000 with the lending institution offering the best rate. Purchase all items identified leasable with this financing line of credit. 2) Transfer an additional $21,000 from storm core funds to lower the commitment for the storm water pond. This is consistent with previous authorizations by the Utility Commission and City Council. 3) Transfer $50,000 from the bonds paid up account. 4) Transfer the balance of $165,000 from CIP reserves. These ATTEST: Ron Wasmund Interim City Administrator 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 1, 1994 actions will minimizing the amount needed to be financed now, nor affecting daily operation of the city, and proceed with establishing a master lease account, Second ny Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by Staats to adjourn. Second by Wippermann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None.. The meeting was adjourned at 11 :25 p.m. Respectfully submitted, a 7 ,,5L t Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -6. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 12, 1994 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Saturday, February 12, 1994, at 7:30 a.m., at City Hall. Mayor McMenomy called the meeting to order with all members present. The Council met with consultant Jim Brimeyer and discussed the day's events and process for interviewing the six finalists for the city administrator position. From approximately 8:00 a.m. to 12:00 Noon, the members of the Council individually interviewed each of the candidates. During the lunch hour the Council discussed with Jim Brimeyer the process for interviewing the candidates in the afternoon. At this time, Interim City Administrator Ron Wasmund and Administrative Assistant Susan Walsh were present and provided input on city staff's comments regarding the six finalists. From approximately 1:15 p.m. to 4:15 p.m. the City Council interviewed eacn of the candidates. At the conclusion of the interviews the Council discussed the merits of each of the candidates and then reached a unanimous decision to offer the city administrator position to Thomas Burt. MOTION by McMenomy to authorize Jim Brimeyer to start negotiating with Tom Burt on the city administrator selection. SECOND by Staats_ Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by McMenomy to adjourn. SECOND by Staats. Ayes: 5. Nays. 0. The meeting was adjourned at 5:45 p.m. ATTEST: z 5-15. Al' Ae 1 1 E. B. McMenomy, Mayor Respectfully submitted, Cathy Bu o, Councilmember ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 15, 1994 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 Anderson, Busho, Staats, and Wippermann present. Staff present included Interim City Administrator Wasmund, Finance Director May, City Engineer Osmundson, Assistant Planner Pearson, Administrative Assistant Walsh, and City Attorney Miles. Mayor McMenomy lead the group in the Pledge of Allegiance. Additions to the agenda included an Executive Closed Session regarding the McDonough litigation to be held under Mayor's Report, and City Administrator Contract to be discussed under Item 7.E. Interim City Administrator Wasmund presented appreciation plaques to former Councilmembers Klassen and Willcox and thanked them for their service to the city. Mayor McMenomy introduced Dr. Haro, superintendent for Independent School District 196, and advised that Dr. Haro was present to present information regarding the upcoming $78.8 million dollar bond issue scheduled for Tuesday, March 8, 1994. Dr. Haro and Ms. Gohman, a school board commissioner, reviewed their prepared information which was a result of study by a 68 member cask force. The school district expects an additional 7,000 students in the next eight years and will need to build three new schools and expand others to accommodate the growth. Councilmember Busho requested that item 7.J., Resolution Supporting Legislation for Temporary Storage of Spent Fuel, be pulled from the consent agenda for discussion. Mayor McMenomy placed the item under 7.F. MOTION by Wippermann to approve the consent agenda with the revision. SECOND by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: 0. Mayor McMenomy called for a three minute recess. The meeting resumed for the Public Hearing at 8:00 p.m. Mayor McMenomy opened the Public Hearing for the Rezoning Petition of Dave's Auto Body, 14785 South Robert Trail. The recording secretary advised Mayor McMenomy that the affidavits of Posted and Published Notices were on file. Assistant Planner Pearson reviewed staff correspondence advising that Mr. Dave Lawson. owner of Dave's Auto Body, is requesting a rezoning of his property from C -2 Community Commercial to C -4 General Commercial, which is the more flexible use of the two. The rezoning would relieve Mr. Lawson's building of its ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 1994 non conforming use status, which would then allow him to obtain building permits to improve his property. Mr. Pearson advised that the Planning Commission had recommended approval of the rezoning with reluctance due to concerns that the rezoning would cause the use to expand and concerns of the general condition of the site. Mayor McMenomy called for public comment. There was none. MOTION by Staats to close the Public Hearing. SECOND by Busho. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: 0. Council discussion ensued and some councilmembers voiced reluctance to approve the rezoning request due to the fact that the new zoning classification did not solve the problems of non- conforming status because of setback requirements and required variances, and because of conflicts with the Downtown Scoping document. The change in zoning from C -2 to C -4 would bring the use into compliance but causes the site to be non conforming. Other councilmembers favored the rezoning because of Master Transmission's past rezoning approval, which was similar to this request. MOTION by Wippermann to deny the rezoning request. SECOND by Busho. Ayes: Busho, Anderson, Wippermann. Nays: McMenomy, Staats. City Engineer Osmundson reviewed his correspondence regarding the 145th Street project item which was on the agenda, at the request of the finance director, to clarify funding sources for decorative lighting and the burial of overhead lines. Osmundson advised that the city is in the process of negotiating with Northern States Power to obtain funding assistance for the project in the amount of $190,000. Concern was voiced regarding one of the options proposing 8 foot wide sidewalks. Staff was directed to continue negotiations with Northern States Power. Councilmember Anderson volunteered to attend the February 23, 1994. 145th Street Project information meeting at City Hall. City Engineer Osmundson advised that the city has received an appeal from 1st Baptist Church of Rosemount to defer assessments on an adjacent parcel owned by the Anna Wachter estate. First Baptist Church would like to receive title to the property, but want to defer the assessment amount, totaling approximately $52,000, for approximately eight to ten years. Osmundson requested authorization to negotiate a deferment with interest and advised that he would bring back an agreement to council for approval. MOTION by McMenomy to authorize staff to negotiate a deferment with interest and to bring such deferment back to council for approval. SECOND by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 1994 City Engineer Osmundson introduced Dave Simons of SEH and advised that Mr. Simons would provide an overview of Shannon Pond 3rd Addition Street and Utility Improvements and West Ridge 5th Addition Street and Utility Improvements. Simons advised that the projects include the construction of sanitary sewer, watermain, storm drain, streets and sidewalks with a total estimated cost to be $568,000, which will be recovered through assessments to the two developers, Rosemount Development Company and Hampton Development Company. Because of past problems with the two developers involved, council questioned whether there were legal documents in place where both developers have agreed to the split of assessments. Wasmund acknowledged the receipt of a petition for public improvements from each developer. By execution of these petitions, each developer waived their right to appeal resulting assessments. The Public Hearing will be held on Tuesday, March 15, 1994, at 8:00 p.m. MOTION by Wippermann to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT /SET PUBLIC HEARING SHANNON POND 3RD ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #248 AND WEST RIDGE 5TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #242. SECOND by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: 0. City Engineer Osmundson briefly reviewed staff correspondence regarding MPCA requirements of testing underground storage tanks. Osmundson advised that there are three underground storage tanks located east of the Public Works garage that will need tank tightness testing at an estimated cost of $3,200. If the city does not comply with MPCA regulations, the city could lose their eligibility to purchase fuel and if the tanks should fail the tests, they will need to be replaced sooner than 1998, which is the required minimum cimeframe for replacement. Osmundson also advised that tank replacement will be budgeted for in the next couple of years. He further explained that staff is recommending that council approve option #2 which would provide for monthly inventory control and tank tightness testing, as explained in SEH's letter of January 3, 1994. MOTION by Wippermann to authorize staff to receive quotes and authorize expenditures for tank tightness testing. SECOND by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: 0. City Attorney Miles presented the draft ordinance regulating nudity and sexual conduct in licensed establishments, which would amend the City Code to regulate adult entertainment within the city. After discussion, councilmembers directed Miles to put the ordinance into final form. Interim City Administrator Wasmund presented information to council regarding the resignation of building inspector Michael 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 1994 Fricke and justification to fill the vacant building inspector position. MOTION by Staats to accept resignation from building inspector Mike Fricke, approve the building inspector job description, authorize placement of an ad, interview applicants and come back to city council with a recommendation for hiring on April 5, 1994 for the position of building inspector. SECOND by McMenomy. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: 0. Assistant Planner Pearson reviewed staff correspondence regarding U.S. Homes' request for final plat approval of Country Hills Seventh Addition. Pearson explained that this is the last phase of the Country Hills Planned Unit Development and that the city is still negotiating the content of the Development Agreement. Council briefly discussed the proposed letter of credit. MOTION by Anderson to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR COUNTRY HILLS SEVENTH ADDITION and authorize the execution of a Development Agreement. SECOND by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: 0. Mayor McMenomy called for a recess at 9:27 p.m. The meeting resumed at 9:32 p.m. MOTION by Staats to adopt A RESOLUTION APPROVING THE ENCUMBRANCE OF CERTAIN 1993 BUDGET ITEMS TO 1994. SECOND by Anderson. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: 0. Interim City Administrator advised council that Star Metro Cable, Inc. is seeking authorization to transfer control and assignment of assets of the Star Cable system to Marcus Cable Partners. Lt. Wasmund further advised that there will be a joint public hearing at the city of Lakeville on February 28, 1994 or March 8, 1994 where the cities of Lakeville, Farmington, and Rosemount will consider a joint agreement to hire the legal services of Moss and Barnett to represent all three cities in the negotiations with Star Cable and Marcus Cable Partners. Councilmembers discussed items that they would like included in a new franchise agreement including relocating and burying cable lines along 145th Street, installing a cable system in city hall, and extension of facilities to other parts of the city. MOTION by Anderson to authorize a joint review and preparation of a new franchise agreement with Marcus Cable Partners and to adopt A RESOLUTION AUTHORIZING THE TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE AND THE ASSIGNMENT OF THE ASSETS AND THE FRANCHISE AS COLLATERAL. SECOND by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: 0. The contract listing specifics for the hiring of Thomas Burt as city administrator was presented to council for their review. 1 Discussion ensued regarding the four month notice clause and the relocation expense paragraph. MOTION by McMenomy to approve the contract to hire Mr. Thomas Burt as city administrator as presented by the Brimeyer Group. SECOND Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: 0. After discussing the resolution supporting legislation for temporary storage of spent fuel at NSP Prairie Island nuclear power plant, council tabled action on the item. MOTION by McMenomy to adjourn to an executive closed session to discuss the status of the McDonough litigation. SECOND by Wippermann. Ayes: 5. Nays: 0. The regular meeting adjourned at 9:54 p.m. The regular meeting resumed at 10:04 p.m. MOTION by McMenomy to adjourn. SECOND by Busho. Ayes: 5. Nays: 0. The meeting adjourned at 10:04 p.m. ATTEST: Ron Wasmund Interim City Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 1994 Respectfully submitted, Deborah Widstrom Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -7. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Wednesday, March 2, 1994 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. The meeting was held on Wednesday due to the state caucuses. Mayor McMenomy called the meeting to order with Councilmembers Busho. Wippermann and Staats present. Councilmember Anderson was out of town. Staff present included: City Attorney Miles. Interim Administrator Wasmund, Administrative Assistant Walsh, Assistant Planner Pearson, Parks Recreation Director Bechtold, City Engineer Osmundson, Community Center Manager Topitzhofer, Fire Chief Aker, and Police Chief Knutsen. Mayor McMenomy lead the group in the Pledge of Allegiance. Additions to the Agenda were as follows: Item 3.e. Chamber of Commerce Update; Item 4. a. Minutes of February 12, 1994 Special Meeting; Item 14. c. Amend Police Department Labor Agreement; Item 14. d. Vermillion State Bank Branch Proposal; and Item 16. a. Closed Session /McDonough Litigation. One item from the consent agenda (4. m. Receive Feasibility Report /Set Public Hearing, O'Leary's Hills 7th and 8th Additions, City Projects 253 and 254) was pulled and moved to Item 13. d. for discussion. Kevin Carroll represented the S.O.A.R. group and gave an update on the airport planning process. Site 3 near Hastings was chosen, but some members are clearly not happy with that selection. A group is forming that would promote a light rail transit from the Minneapolis /St. Paul Airport to a site near Rosemount. S.O.A.R. is requesting that someone be appointed to represent the City of Rosemount on the technical committee reviewing this information. Council will discuss this with Tom Burt the new City Administrator after his arrival March 14, 1994. John Loch gave an update on the Chamber of Commerce and its involvement with a "Sister City" in Russia. Several thank you letters arrived with a painting done by a resident of Ivanteevka, Russia. Clothing and medicine were sent last year to help children, elderly, and handicapped people there. About 2,500 residents were given aid. Parents of diabetic children sent their deepest thanks. The painting will be hung at the Community Center. Loch also noted that the Shamrock Dinner will be postponed to April 23, 1994 due to the delay in opening the Community Center. Police Chief Knutsen announced an open house March 16, 1994 at 7:00 p.m. for Law Enforcement Awareness Night. It will be a chance for citizens to meet all the police officers and learn what the main functions and services of the Police Department are. Topics to be covered are: D.A.R.E. Program, Safe Streets, Neighborhood Watch Program, Traffic Law Update, Gang Activity in Rosemount, and Communications. Knutsen invited all to "share a cup with a cop" after the program. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1994 MOTION by Wippermann to approve the Consent Agenda with an amendment to page two of the February 15, 1994 regular minutes; the addition of the minutes of February 12 special meeting; and removing item 4. m. regarding the feasibility report for O'Leary's Hills 7th and 8th Additions for discussion. Second by Busho. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. Mayor McMenomy reviewed the public process for Public Hearings for the audience. Because there were eight Public Hearings on the agenda, the Mayor found it expedient to note at this time that all the Affidavits of Published, Mailed, and Posted Notices were on file and in order with the recording secretary as required by law. City Engineer Bud Osmundson gave a review of the 145th Street Reconstruction between Chili Avenue and Cameo Avenue. An informational meeting was held February 23, 1994. Residents noted that they would like green area or boulevard rather than cement separating the sidewalk from the street for safety considerations. Parking on both sides of the street was desired. Further discussion was held. MOTION by Wippermann to close the Public Hearing for 145th Street Reconstruction, City Project 245.. Second by Staats. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None. Council resolved that parking would be allowed on both sides of 145th Street, green space would be provided between the street and sidewalk, consideration would be given to a 42 foot wide street, and underground utilities would be available. Decorative lighting would be encouraged, but funding has to be determined. MOTION by Wippermann to adopt A RESOLUTION FOR THE APPROVAL OF 145TH STREET IMPROVEMENTS FROM CHILI AVENUE TO CAMEO AND APPROVAL OF PREPARATION OF PLANS AND SPECIFICATIONS FOR CITY PROJECT 245. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE AMENDMENT OF CERTAIN 1994 BUDGET ITEMS. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Wippermann. Nays: None. Mayor McMenomy opened the public hearing for the 1994 Mineral Extraction Permit Renewal of Friedges, Inc. on Lance Johnson's property. Assistant Planner Richard Pearson noted that all mineral extraction permits have been standardized. Specific conditions can be added to the permits as needed. Mr. John Friedges is requesting the renewal of the mineral extraction permit for a mining operation on property owned by Lance Johnson. The Planning Commission recommended approval of the request on February 8, 1994 with the 1994 Conditions of Approval Agreement. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1994 Charlie Koehnen, a neighbor to Friedges mining operation, was concerned about concrete rubble that has been buried. Neil Grace, General Manager of Friedges, noted that the concrete is intended to be recycled by crushing and that much of it has been on the property for years. MOTION by McMenomy to close the public hearing for the Mineral Extraction Permit renewal for Friedges, Inc. on the Lance Johnson property. Second by Wippermann. Ayes: Staats, Busho, Wippermann. McMenomy. Nays: None. MOTION by Wippermann to approve A RESOLUTION FOR THE 1994 MINERAL EXTRACTION PERMIT RENEWAL FOR THE LANCE JOHNSON PROPERTY requested by Friedges Landscaping subject to an executed 1994 Conditions for Mineral Extraction Renewal Agreement including amendments regarding recycling materials. Second by Busho. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy opened the public hearing for the 1994 Mineral Extraction Permit Renewal of Solberg Aggregate on Koch Refining property. Assistant Planner Pearson reviewed the request of Loren Howard of Solberg Aggregate, Inc. for extraction of 90.000 yards of material over a two year period. The Planning Commission approved the renewal of the mining permit with a conditions agreement. MOTION by Wippermann to close the public hearing for the 1994 Mineral Extraction Permit Renewal of Solberg Aggregate on Koch Refining property. Second by Busho. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by McMenomy to approve A RESOLUTION FOR THE 1994 MINERAL EXTRACTION PERMIT RENEWAL FOR THE KOCH REFINING COMPANY PROPERTY requested by Solberg Aggregate subject to an executed Mineral Extraction Conditions Agreement amended to include recycling material language. Second by Busho. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy opened the public hearing for the 1994 Mineral Extraction Permit Renewal of Bituminous Roadways on Otto Ped's property. Assistant Planner Pearson reviewed the request of Greg Dambroten of Bituminous Roadways, Inc. to extract material and haul it to their Inver Grove Heights location. Otto Ped wishes to lower a land ridge 15 to 20 feet so that he will be able to irrigate his land for agricultural purposes. MOTION by Wippermann to close the public hearing for the 1994 Mineral Extraction permit Renewal of Bituminous Roadways on Otto Ped's property. Second by Staats. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1994 MOTION by Wippermann to approve A RESOLUTION FOR THE 1994 MINERAL EXTRACTION PERMIT RENEWAL FOR THE OTTO PED PROPERTY requested by Bituminous Roadways subject to an executed 1994 Conditions for Mineral Extraction Renewal Agreement amended to include recycling material language. Second by Staats. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy called for a short break at 9:25 p.m. The regular City Council meeting was reconvened at 9:38 p.m. Mayor McMenomy opened the public hearing for Shannon Hills 6th Addition Street and Utility Improvements, City Project 251 Engineer Osmundson noted that the public hearing for Shannon Hills 6th Addition Street and Utility Improvements, City Project 251 nad been requested by the developer, Steven Fiterman of Ground Development Corporation, to be continued to March 15 because he was unable to attend the public hearing. MOTION by McMenomy to continue the public hearing for Shannon Hills 6th Addition Street and Utility Improvements, City Project 251 to the regular meeting of March 15. 1994 and table any action to that meeting. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy opened the public hearing for Wensmann 6th Addition Planned Unit Development, preliminary plat, and rezoning request. Assistant Planner Pearson reviewed the Wensmann 6th Addition for a residential Planned Unit Development with single family houses and townhouses. The Planning Commission and Parks and Recreation Committee have reviewed and the Planned Unit Development and recommended approval. A one -third acre play lot was designated upon the suggestion of the Parks and Recreation Committee, the landscaping is three times more than what is required, and there is a $47,000 Park Dedication fee that will be paid. Mayor McMenomy noted for the record that the small park is not needed because there is a neighborhood park just three blocks away. Residents commented on their concerns. Discussion ensued by Council. MOTION by McMenomy to close the public hearing on Wensmann 6th Addition Planned Unit Development, preliminary plat, and rezoning request. Second by Staats. Ayes: McMenomy, Staats, Busho, Wippermann. Nays: None. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE WENSMANN SIXTH ADDITION PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT AND SETTING OUT CONDITIONS FOR FINAL PLAT APPROVAL. Second by 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1994 Staats. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to table action on the requested rezoning of the Wensmann Sixth Addition from AG Agriculture to R -1 Single Family Residential /R -2 Single Family Residential Attached until final plat approval. Second by Wippermann. Ayes: Busho, Wippermann, McMenomy, Staats, Nays: None. Mayor McMenomy opened the public hearing for the grant application for land acquisition of the prairie area north of Carrolls Woods. Parks and Recreation Director Bechtold advised that the site has been designated for use in conjunction with the Carrolls Woods Park and the Schwarz Pond Park in the Parks System Master Plan. This grant would supply matching funds for the land purchase if it is approved by the Department of Natural Resources. MOTION by Wippermann to close the public hearing for the grant application for the prairie area north of Carrolls Woods land acquisition. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by Wippermann to authorize the submittal of the Outdoor Recreation Grant for the land acquisition of prairie land north of Carrolls Woods Park. Second by Busho. Ayes: McMenomy, Staats, Busho, Wippermann. Nays: None. Mayor McMenomy opened the public hearing for the grant application for Birger Pond land acquisition. Parks and Recreation Director Bechtold noted that Birger Pond would provide recreational water uses and act as a stormwater holding pond. The grant would provide for land acquisition only, not development. MOTION by Wippermann to close the public hearing for the grant application for Birger Pond land acquisition. Second by McMenomy. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. MOTION by Wippermann to authorize the submittal of the Outdoor Recreation Grant for the Birger Pond land acquisition. Second by Busho. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None. Administrative Assistant Walsh outlined the information detailed for the Fire Relief Association benefits adjustment for 1994 and 1995. MOTION by Staats to approve the rate of $1800 per year of service for 1994 and $2000 per year of service for 1995 for the Rosemount Fire Relief Association Benefits and to approve amendments to the Relief Association's "Bylaws" to reflect these benefit changes. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1994 Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. City Engineer Osmundson reviewed O'Leary's Hills 7th and 8th Additions, Street and Utility Improvements, City Projects 253 and 254. The 7th Addition would be constructed in 1994 and the 8th Addition would be constructed in 1995. Dave Simons, P.E. of SEH Engineering provided an overview of the project. MOTION by Busho to adopt A RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING THE PUBLIC HEARING FOR O'LEARY'S HILLS 7TH AND 8TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECTS 253 AND 254. Second by McMenomy. Ayes: McMenomy, Staats, Busho, Wippermann. Nays: None. Mayor McMenomy withdrew from the Vermillion State Bank Branch proposal discussion due to a conflict of interest. Councilmember Wippermann filled in as Acting Mayor. Interim Administrator Wasmund noted that the City had been contacted oy Jeff Hawkins requesting a location for a branch office of the Vermillion State Bank in Rosemount. Property on 145th Street and Diamond Path was selected for a temporary location (not more than three years) until a site might open up on County Road 42. Rezoning would be required causing a minor amendment to the Comprehensive Guide Plan. Metropolitan Council may not approve any minor amendments at this time, and delays could be probable. Acting Mayor Wippermann noted that the same site had been selected by Cottages, Inc. and presented to the Port Authority for residential development which would not require any changes to the Comprehensive Guide Plan. It was the consensus of the Council not to support the temporary location proposal and to encourage the Vermillion State Bank to work with staff for a permanent location of the branch office in Rosemount. Interim City Administrator Ron Wasmund reported that resident Larry Walsh has contacted the state Department of Administration because city staff had not responded to requests for information from Mr. Walsh. Wasmund and Council discussed the information requested by Mr. Walsh and agreed a great deal of staff time would be incurred in providing the information. much of the information requested by Mr. Walsh was in conjunction with the City's comment cards and Council agreed this was not the intended purpose of the comment cards. MOTION by McMenomy to direct the City Attorney to draft a general response letter to Mr. Larry Walsh and Mr. Donald Gemberling of the Department of Administration, and direct staff to meet with Larry Walsh. Second by Busho. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1994 Assistant Planner Pearson report that the Planning Commission had discussed a new start time for the commission meetings. The change recommended was from 5:00 p.m. to 5:15 p.m. The City Council consensus was that the start time change would not assist residents working outside of Rosemount to be able to attend meetings. It could be helpful if public hearings at the Planning Commission meeting could be held at 6:00 p.m. or 6:30 p.m. to accommodate most residents. Staff was asked to research what time surrounding cities have planning meetings. Administrative Assistant Walsh with City Attorney Miles drafted an ordinance regulating sexual conduct and nudity in Rosemount businesses. It was decided to regulate this Through businesses which hold intoxicating and nonintoxicating liquor licenses. MOTION by McMenomy to adopt ORDINANCE NO. XVI.28, AN ORDINANCE AMENDING TITLE 3 PERTAINING TO LIQUOR REGULATIONS TO PROHIBIT NUDITY AND SEXUAL CONDUCT IN ESTABLISHMENTS HOLDING OR SEEKING INTOXICATING AND NONINTOXICATING LIQUOR LICENSES IN ORDER TO PRESERVE ORDER AND PROTECT THE PUBLIC WELFARE AND TO AVOID THE SECONDARY EFFECTS ATTENDANT UPON ALLOWING SUCH ACTIVITY IN SUCH ESTABLISHMENTS. Second by Busho. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None. 1 1 Interim City Administrator Wasmund reviewed the lease agreement with U.S. West NewVector Communications, Inc. This is a cellular communication company which has a tower site adjacent to the city water tower on County Road 42 and Chippendale Avenue. This is the third renewal of the 5 year term. Staff recommends approval. MOTION by Wippermann to approve an automatic renewal for a five year term of the specific site identified with NewVector Communications. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by Wippermann to amend the 1993 -94 Labor Agreement between the City of Rosemount and Law Enforcement Labor Services, Inc. to redefine article 1.5 to include a 8.5 hour shift. Second by Staats. Ayes: McMenomy, Staats, Busho, Wippermann. Nays: None. Community Center Manager Topitzhofer gave an update on the occupancy of the Community Center and National Guard Armory. Inspections will continue this week. The final inspection has delayed the scheduled opening causing some events to be cancelled or changed to another location. Councilmember Busho advised the Shamrock Award Dinner was postponed to April 23, 1994 and committee members working on this dinner have been very understanding about changing the date. Mayor McMenomy proclaimed March 15 17, 1994 the American Legion 75th. Anniversary. McMenomy read the proclamation thanking the volunteers of Rosemount Post 65 for the many community projects they have undertaken. Mayor McMenomy proclaimed March 6 12, 1994 as AFS (American Foreign Student) Host Family Recognition Week. McMenomy noted that the mission of intercultural understanding and world peace are improved due to the participation in this program and thanked all those families, students, and teachers involved. Mayor McMenomy noted that the Middle School is having an Irish Cafe next week and he would not be available to attend. He would appreciate if a councilmember could attend. McMenomy also asked staff to provide pencils or Rosemount pins to the program. Councilmember Busho thanked city staff for maintaining the city hall so well, Busho thanked Ron Wasmund for acting as City Administrator since November and helping to continue city business as normal. Busho noted that "Welcome to Rosemount" banners have been put up by the Rosemount Chambers of Commerce and they look great! Mayor McMenomy called the City Council to a Closed Session at 11:55 p.m. on the McDonough /Sunrise Litigation. The regular meeting was resumed at 12:15 a.m. MOTION by Busho to adjourn. Second by Staats Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. The meeting was adjourned at 12:17 a.m. ATTEST: Sisel Ron Wasmund Interim City Administrator Respectfully submitted, Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -8. 8 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1994 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 15, 1994 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 Anderson, Busho and Staats present. Councilmember Wippermann was out of town. Staff present included: City Attorney Donald Fluegel in Attorney Miles absence; City Administrator Burt, Assistant Planner Pearson, Public Works Director Wasmund, Parks Recreation Director Bechtold, City Engineer Osmundson, Community Center Manager Topitzhofer, and Police Chief Knutsen. Mayor McMenomy lead the group in the Pledge of Allegiance. Additions to the Agenda were as follows: Consent Item 4.o. Park Shelter (Kiosk) Resolution; and a Closed Session for an update on the McDonough Litigation. The new City Administrator, Thomas D. Burt, was introduced and welcomed by City Council. Stephen F. Schmidt, Community Service Manager, Metro East Region, of Northern States Power Company, invited City Council to tour the Prairie Island Dry Cask Storage project. Schmidt also offered a video for later review by Council. Dale Vincent was available for questions on nuclear storage. The Mayor informed Council that the legislative bill supporting the nuclear storage in the Senate Committee had not passed earlier that day, March 15, 1994. The issue may be going to the Senate or House level in about four weeks. MOTION by McMenomy to approve the Consent Agenda with the addition of the Park Shelter (Kiosk) Resolution. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. Assistant Planner Pearson reviewed the West Ridge 5th Addition Final Plat. This is the last phase of the West Ridge Residential Planned Unit Development with 45 single family lots. The Planning Commission recommended approval. MOTION by Staats to adopt A RESOLUTION APPROVING THE WEST RIDGE FIFTH ADDITION FINAL PLAT and authorize the execution of the West Ridge Fifth Addition Development Contract. Second by Anderson. Ayes: Staats, Busho, Anderson, McMenomy. Nays: None. MOTION by McMenomy to recess for the Closed Session at 7:50 p.m. Second by Busho. Ayes: Busho, Anderson, McMenomy, Staats. Nays: None. The City Council dismissed to the Council Lounge to discuss the McDonough Litigation. The regular meeting was resumed at 8:00 p.m. for the public hearings. Mayor McMenomy reviewed the public process for public hearings for the audience. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1994 Mayor McMenomy opened the Public Hearing for the Cable Franchise Transfer. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. Public Works Director Wasmund had reviewed the documents presented to transfer ownership of the Star Metro Cable, Inc. to Marcus Cable Partners, L.P. Wasmund presented three issues to Marcus Cable as follows: 1) Dakota County Technical College had requested cable; 2) "Equipment" is not defined for city hall use, and 3) How long does it takes to get cable service to rural areas. Lisa Washa, General Manager of Star Cable, introduced Dave Hanson, the Vice president of Operations for Marcus Cable in Eau Claire, Wisconsin. Marcus now owns 53 cable systems and 5 are being added to that. Marcus is committed to the franchise with the same management as now employed there. Help will be given to produce a city channel for Rosemount in the way of development and direction in what kind of equipment to use. There is tough competition for cable from KSTP which now has a new satellite station and U.S. West which will have a video dial tone available. Councilmember Busho asked about density standards. Hanson responded that for one mile, twenty cable customers are needed to break even. A new customer must live within 400 feet of tne cable supplying the signal or be charged for the additional cost. The cities of Lakeville, Farmington, and Rosemount jointly had the firm of Moss Barnett review the legal documents for the cable transfer. Brian Grogan, representing Moss Barnett, verified that the company of Marcus Cable was duely authorized to do business in Minnesota. Grogan noted that this transfer would not allow new issues to be brought up, but Council could clarify any old issues. The Franchise is for a term of ten years starting in 1989. MOTION by McMenomy to close the Public Hearing for the Cable Franchise Transfer. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by McMenomy to adopt A RESOLUTION RECOMMENDING APPROVAL OF THE TRANSFER OF OWNERSHIP OF STAR METRO CABLE, INC. Second by Busho. Ayes: Busho, Anderson, McMenomy, Staats. Nays: None. City Council directed Public Works Director Wasmund to pursue the cable drop for the Dakota County Technical College, ISD NO. 917, and negotiations on the other issues with Marcus Cable. Mayor McMenomy called for a short break at 8:55 p.m. Mayor McMenomy opened the Public Hearing for the Rosemount Village Square Commercial Planned Unit Development. The 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1994 recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. Assistant Planner Pearson noted that Carlson Properties, Inc. is requesting approval of a commercial Planned Unit Development (PUD) on their property on the south side of CSAH 42 between the Pizza Hut restaurant and the Holiday gas station store for a 70,000 square foot shopping center. The Planning Commission had reviewed the original PUD and requested some revisions in terms of building aesthetics, landscaping, and parking design and circulation. These revisions were resolved. On March 11, 1994, the developers presented sketches indicating significant modifications to the western half of the shopping mall design. The 10,000 square foot drug anchor was replaced by a free standing bank with a drive -thru, changing the road alignment to the south. Pearson advised on this date the Dakota County Plat Commission notified city staff that the County will be requiring 100 feet of right -of -way along CSAH 42. This information would also change the design of the Rosemount Village Square. Pearson recommended tabling action and referring it back to the Planning Commission. City Engineer Osmundson reviewed the five access points to Rosemount Village Square shopping center and the increased traffic counts that may result. In that area in 1991 the traffic count was 12,000 on CR 42. In 1993 the traffic count was 15,500, and it is expected to increase to 20,000 36,000 cars per day. Staff recommends that traffic should be channeled on Chippendale Avenue with the addition of a median with no left turn except at 151st Street. This would be to allow sufficient space to avoid back up at the traffic light on CR 42 and reoccurring grid -lock. Jack Heschler, representing Carlson Properties, Inc., noted that the original plans still are viable. The revisions reduced the building square footage and increased the parking spaces by 40. Heschler stated that the ponding design may change but is within a comfortable range. Gary Gandrud, representing the Holiday Companies, supported the development by Carlson Properties. Gandrud stated that there was an agreement in 1985 committing to full access to Holiday off Chippendale Avenue, and would not want this changed. Other businesses voiced concern over the change in access off Chippendale Avenue. Joe McNamara of the Rosemount National Bank, Larry McFarland of Mac's Bottle Shop, and Rick Beherns owner of Sunrise property supported the development. Wayne McCall, a resident, noted he would prefer shopping here, in Rosemount and looked forward to the completion of the shopping center. MOTION by Staats to close the Public Hearing for the Rosemount Village Square Commercial Planned Unit Development and 1 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1994 Preliminary Plat. Second by Anderson. Ayes: Anderson, McMenomy, Staats, Busho. Nays: None. Attorney Fluegel noted he reviewed a copy of the with Holiday. It can stand as is until the City public safety concern which would cause it to be Council consensus was to conclude the motion for Village Square shopping center at the end of the staff time to prepare an appropriate motion. Mayor McMenomy opened the Public Hearing for O'Leary's Hills 7th and 8th Addition Street and Utility Improvements, City Project 253 and 254. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. City Engineer Osmundson gave an overview of the project. MOTION by McMenomy to close the Public Hearing for O'Leary's Hills 7th and 8th Addition Street and Utility Improvements, City Project 253 and 254. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. access agreement would have a revised. the Rosemount meeting allowing MOTION by Anderson to adopt A RESOLUTION TO APPROVE O'LEARY'S HILLS 7TH AND 8TH ADDITIONS STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 253 AND 254 and ordering the preparation of plans and specifications. Second by Staats. Ayes: Staats, Busho, Anderson, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for West Ridge 5th Addition Rezoning. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. Assistant Planner Pearson reviewed the request for rezoning of land owned by the Rosemount Development Company, as a Residential Planned Unit Development. This request is to change zoning from agricultural to Single Family Residential (detached). MOTION by Staats to close the Public Hearing for West Ridge 5th Addition Rezoning. Second by McMenomy. Ayes: Anderson, McMenomy, Staats, Busho. Nays: None. MOTION by Anderson to ADOPT AN ORDINANCE NO. B -36 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE which provides for the rezoning of the West Ridge Fifth Addition rezoning from AG Agriculture to R -1 Single Family Residential. Second by Staats. Ayes: Anderson, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy opened the Public Hearing for West Ridge 5th Addition, City Project 242 and Shannon Pond 3rd Addition, City Project 248, Street and Utility Improvements. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1994 City Engineer Osmundson gave a brief overview of the street and utility improvements for West Ridge 5th and Shannon Pond 3rd Additions. MOTION by Staats to close the Public Hearing for West Ridge 5th Addition, City Project 242 and Shannon Pond 3rd Addition, City Project 248, Street and Utility Improvements. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by McMenomy to ADOPT A RESOLUTION FOR THE APPROVAL AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR WEST RIDGE FIFTH ADDITION STREET AND UTILITY IMPROVEMENTS CITY PROJECT 242 AND SHANNON POND THIRD ADDITION STREET AND UTILITY IMPROVEMENTS CITY PROJECT 248. Second by Staats. Ayes: Staats, Busho, Anderson, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for Shannon Hills 6th Addition Street and Utility Improvements, City Project 251. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. City Engineer Osmundson explained that Ground Development Corporation's President Steven Fiterman was unable to attend tonight's meeting and requested a continuance of the Public Hearing to April 5, 1994. MOTION by McMenomy to continue the Public Hearing for Shannon Hills 6th Addition Street and Utility Improvements, City Project 251 to April 5, 1994. Second by Anderson. Ayes: Busho, Anderson, McMenomy, Staats. Nays: None. City Engineer Osmundson explained that as a result of discussion with Dakota County Highway staff and the developers of the Rosemount Village Square a request for a variance was made. The variance requested left and right turn lanes on CSAH 42 and was written to Gary Stevenson, Dakota County Plat Commission, dated March 10, 1994. A second letter to Dave Everds, County Engineer, also dated March 10, 1994, requested right turn lanes on east bound CSAH 42 at Canada and Chippendale Avenues for construction in 1994 only if funded by the developer of Rosemount Village Square. MOTION by McMenomy not to support County Plat Commission to improve requiring additional right -of -way. Anderson, McMenomy, Staats, Busho. the proposal of the Dakota CSAH 42 to a six -lane roadway Second by Anderson. Ayes: Nays: None. MOTION by Staats to approve the letters requesting a variance for access and right turn lanes be sent to the appropriate parties at Dakota County. Second by McMenomy. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. ATTEST: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1994 Assistant Planner Pearson noted that the preliminary plat for the Rosemount Village Square could be approved. MOTION by McMenomy to approve the Rosemount Village Square preliminary plat. Second by Anderson. Ayes: Staats, Anderson, McMenomy. Nays: None. Present: Busho. Mayor McMenomy called for a five minute break at 10:55 p.m. The meeting was resumed at 11:00 p.m. Discussion ensued by Council and staff. MOTION by McMenomy to rescind the previous motion approving the Rosemount Village Square preliminary plat. Second by Staats. Ayes: Busho, Anderson, McMenomy, Staats. Nays: None. MOTION by McMenomy to approve the Rosemount Village Square preliminary plat and revised Planned Unit Development plan (PUD) with entry access off of CR 42 both directions, subject to City Engineer's approval of grading and utility plan and execution of a development agreement, and full access will be provided, as it is currently, at Chippendale Avenue with the option to review as necessary in the future. Second by Staats. Ayes: Anderson, McMenomy, Staats. Nays: None. Present: Busho. MOTION by McMenomy to adjourn. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. The meeting was adjourned at 11:20 p.m. Respectfully submitted, 6 Linda Jentink Recording Secretary Thomas D. Burt City Administrator The City Council Agenda Packet is Clerk's File 1994 -9. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 5, 1994 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 Wippermann, Anderson, Staats, and Busho present. Staff present included: City Attorney Miles, City Administrator Burt, Administrative Assistant Walsh, Assistant Planner Pearson, Economic Development Coordinator John Miller, City Engineer Osmundson, Community Center Manager Topitzhofer, and Fire Chief Aker. Mayor McMenomy lead the group in the Pledge of Allegiance. One item was added to the Agenda under Department Heads Reports: Law Enforcement Night (3.d.). Community Center Manager Topitzhofer reported on the International Ringette Tournament hosted by the South St. Paul Wakota Arena and the Rosemount Community Center. Topitzhofer presented participation medals to the City Council for their support. Sheila Klassen noted the people and planning involved to successfully co -host this world class event. Klassen presented Council with a framed proclamation from Minnesota Governor Arne Carlson. A crystal vase was received trom Russia with gratitude and a standard (banner) from the International Ringettes Association from Finland. Mayor McMenomy and City Council thanked all those who helped with the Ringette Tournament. Fire Chief Scott Aker presented the semi annual report from the Fire Department. There are now 30 volunteer members which Aker would like to see increased to about 45 members. A number of fire vehicles need to be refurbished or replaced. An accountability system was created and presented to the Dakota County Fire Association which was adopted for use by Dakota County. The new automatic defibulator has been used and has saved lives already. A "fire prevention trailer" is being constructed for educating children in fire safety. Chief Aker invited Council to contact him at anytime with questions or feed back. Ed Dunn, former president of the Port Authority, gave the Annual Report for the Port Authority. Each project from their goals list had been addressed and several new projects began. The largest cost overrun was the relocation of the businesses on Highway 3 on the National Guard Armory /Community Center site. The Rosemount Business Park moved ahead faster than projected with additional costs for engineering and planning. The mission of the Port Authority had moved ahead in 1993 1994. Councilmember Busho commented that the Law Enforcement Night held by the Police Department on March 15, 1994, was a great success. It was attended by over 90 people. Chief Knutsen and his officers did a wonderful job of letting us know what the Police ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1994 Department is all about. Busho encouraged this to be a annual event. MOTION by McMenomy to approve the Consent Agenda without items (4.f.) Temporary On -Sale Beer License and (4.m) Community Center Commission Appointment, which will be discussed later. Second by Wippermann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Mayor McMenomy reviewed the public process for public hearings for the audience. Mayor McMenomy opened the Public Hearing for the Shannon Hills 6th Addition, Street and Utilities Improvements, City Project 251. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file from the continuation of the March 2, 1994 Public Hearing, Clerk's File 1994 -8. City Engineer Bud Osmundson reviewed the Shannon Hills 6th Addition project. Brian Bourassa, OSM Engineering, gave an overview of the improvements and costs. Trunk pipe costs and lift station pumps required for the storm sewer will be paid for from the Storm Water Core Fund. Ground Development Corporation will be responsible for the remainder of the assessment. This is scheduled to begin this summer and will continue to next year to completion. MOTION by Staats to close the public hearing for the Shannon Hills 6th Addition, Street and Utilities Improvements, City Project 251. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. MOTION by Wippermann to adopt A RESOLUTION FOR THE APPROVAL AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE SHANNON HILLS 6TH ADDITION STREET AND UTILITIES IMPROVEMENTS, CITY PROJECT NO. 251. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy opened the Public Hearing for O'Leary's Hills 7th Addition: Rezoning from Agriculture to Single Family Residential. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. Assistant Planner Pearson reviewed the rezoning request for O'Leary's Hills 7th Addition. MOTION by McMenomy to close the public hearing for a rezoning request for O'Leary's Hills 7th Addition. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by Anderson to adopt ORDINANCE B -37 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE WHICH PROVIDES 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1994 FOR THE REZONING OF O'LEARY'S HILLS SEVENTH ADDITION FROM (AG) Agriculture to (R1) Single Family Residential (Detached). Second by McMenomy. Ayes: McMenomy, Staats. Busho, Anderson, Wippermann. Nays: None. Mayor McMenomy opened the Public Hearing for O'Leary's Hills 8th Addition: Rezoning from Agriculture to Single Family Residential. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. Assistant Planner Pearson reviewed the plans for O'Leary's Hills 8th Addition. MOTION by McMenomy to close the public hearing for a rezoning request for O'Leary's Hills 8th Addition. Second by Wippermann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by Wippermann to adopt AN ORDINANCE B -38 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE WHICH PROVIDES FOR THE REZONING OF O'LEARY'S HILLS 8TH ADDITION FROM (AG) AGRICULTURE TO (R -1) SINGLE FAMILY RESIDENTIAL (DETACHED). Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy opened the Public Hearing for the Rosemount Business Park Rezoning from Agriculture to B -2 Business Park. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. Assistant Planner Rick Pearson reviewed the Rosemount Business Park Rezoning request and noted that this would be the first lot to be rezoned in the Rosemount Business Park, Lot 1, Block 1. The Planning Commission recommended its approval at its March 8, 1994 meeting. MOTION by Wippermann to close the public hearing for the Rosemount Business Park Rezoning. Second by McMenomy. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy stated he thought that the Business Park rezoning was premature. MOTION by Busho to adopt ORDINANCE B -39 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE WHICH provides for the rezoning of Lot 1, Block 1, Rosemount Business Park from (AG) Agriculture to (B -2) Business Park. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. City Engineer Osmundson reviewed the concerns of the residents of Carrollton IV drainage problem. These residential lots were designed to have backyard ponding. Brian Bourassa, OSM Engineering, noted that some residents were not informed of the ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1994 drainage design or easement. The two concerns of the residents were: 1) possible flooding and 2) how soon before the backyards would dry out. There are existing easements for drainage in the backyards. There is no emergency outlet in this subdivision, usually an alternate drainage way is provided if the main path is blocked. There are several alternatives which would require a feasibility report to compare accurately. Discussion ensued from residents and City Council. MOTION by McMenomy to adopt A RESOLUTION TO AUTHORIZE STAFF TO PREPARE A FEASIBILITY REPORT FOR THE COMPLETION OF AN ADDITIONAL OUTLET PIPE TO THE CARROLLTON FOURTH ADDITION. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Mayor McMenomy called for a short break at 8:50 p.m. The meeting was resumed at 8:58 p.m. City Engineer Osmundson reviewed the 145th Street Reconstruction and its public hearing of March 2, 1994. The Council directed staff to examine the change from 44 foot wide to a 42 foot wide street. There appears to be a fifty -fifty split on green area. Half the residents want a green area between the street and the sidewalk to provide a safety barrier and half want all sidewalk. Council decided to go with a green area and the required five foot sidewalk. The street light fixtures recommended through the Downtown Scoping Committee and the Chamber of Commerce sub- committee is the acorn style which directs light downward and is most efficient. MOTION by McMenomy to approve a 42 foot wide street with a 5 foot sidewalk on both sides and approve the acorn style decorative street lights. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. City Engineer Osmundson reviewed the negotiations for a deferment of assessments for property located at the northeast quadrant of Diamond Path and 145th Street West. This property was owned by the Anna Wachter estate and would be donated to the First Baptist Church. MOTION by Wippermann to adopt A RESOLUTION ADOPTING THE DEFERMENT OF ASSESSMENTS FOR CITY PROJECT 206, 145TH STREET RECONSTRUCTION FOR PARCEL IDENTIFICATION NUMBER 34- 03010 020 -44. Second by Anderson. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Assistant Planner Pearson reviewed the Shannon Pond 2nd and 3rd Additions, final plats and development agreements. MOTION by Anderson to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR SHANNON POND SECOND ADDITION and authorization for the 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1994 execution of a Development Agreement. Second by McMenomy. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR SHANNON POND THIRD ADDITION and authorization for the execution of a Development Agreement. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Assistant Planner Pearson reviewed the final plat of the Rosemount Business Park on behalf of the Rosemount Port Authority. The Planning Commission reviewed and approved the final plat on March 8, 1994. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR LOT 1, BLOCK 1, ROSEMOUNT BUSINESS PARK. Second by Anderson. Ayes: Staats, Busho, Anderson, Wippermann. Nays: None. Present: McMenomy. Assistant Planner Pearson reviewed the final plat for O'Leary's Hills Seventh Addition as requested by Tim Broback. The easements were expanded five feet on Lots 8 and 9. Planning Commission approved the Final Plat on March 8, 1994. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR O'LEARY'S HILLS SEVENTH ADDITION and authorization for the execution of a Development Agreement. Second by Busho. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by Busho to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR O'LEARY'S HILLS EIGHTH ADDITION and authorization of the execution of a Development Agreement. Second by McMenomy. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Economic Development Coordinator Miller presented a proposal to ask the County for assistance in paying for the road improvements along CR 42 between Chippendale and Canada Avenues. These changes would be necessary upon further commercial development in the area. It is common for the county to fund a portion of the improvements (55 and the city to fund 45 Carlson's Properties Inc., developers of Rosemount Village Square, are asking the City to check into county assistance. Discussion both in support of this proposal and against it proceeded. MOTION by McMenomy to direct the city engineer to contact Dakota County to request participation in completing planned street and road improvements on CR 42 at Canada Avenue into the proposed Rosemount Village Square and Chippendale Avenue areas. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by McMenomy to direct the city's development staff to work with Carlson Properties, Inc. on development of a city assisted 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1994 program for street and road improvements on CR 42 at Canada Avenue into the proposed Rosemount Village Square and Chippendale Avenue areas. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Administrative Assistant Susan Walsh noted that 25 applications were received for the building inspector job. After interviews, Mr. Jack Moe was recommended for hiring. Moe would start April 18, 1994. MOTION by Wippermann to approve the hiring of Mr. Jack Moe as building inspector at an annual salary starting at $28,882.35 pending passing a pre employment physical and completion of a drivers license check. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Administrator Burt reviewed the request made by Maureen Bouchard, owner of the Geraghty building on the southwest corner of Highway 3 and 145th Street West. Bouchard hoped that the City would help with the parking situation since that corner had lost parking with the Highway 3 improvements. Three businesses on that corner could obtain about five more parking spaces if the trees that have grown behind the NAPA Auto Store building were removed and more Class 5 gravel was added. Public Works Director Wasmund researched the cost of materials and labor for this request. Attorney Miles cautioned that liability should be an issue since this is private property. Waivers would be needed. Legally the City has no obligation to a private land owner. Discussion followed determining that it was the Port Authority that noted it would assist businesses in finding additional parking after the Highway 3 improvements. City Administrator Burt noted that a "fair" way to have the City participate may be to have the business owner cover the cost of the material and the City supply the labor. It would be best to have a policy to frame the needs and /or requirements. Dentist Dwayne Berg, one of the business owners near the Geraghty building said he will be willing to pay for the costs of materials. Consensus of the Council was to table any action on the Geraghty parking issue and to investigate further legal issues and costs of possibly black topping the area. City Engineer Bud Osmundson alerted City Council that a piece of land which is actually within City right -of -way for Canada Avenue and immediately north of 145th Street has been given up as tax forfeiture property. This parcel is PID 34- 03700 172 -06. MOTION by Wippermann to direct staff to prepare proper forms and signatures to acquire Parcel Identification Number 34- 03700 -172- ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1994 06 as tax forfeiture property. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Councilmember Busho voiced concerns over public safety during the Leprechaun Days celebration. Alcoholic beverages being served outside allows pedestrian traffic crossing streets in crowds and sometimes with beer or a drink in their hand. Administrative Assistant Walsh suggested tabling the request for a Temporary Beer License for the American Legion Chicken Barbecue until all liquor businesses can be contacted so that enforcement of open area liquor can be insured. More fencing and use of police reserves would help. Council consensus was to table approval. Councilmember Busho noted that the selection of members for the Community Center should go through due process with public notice. Busho thanked the out going Marion McNearney for her involvement in the Community Center Committee. Gloria Olson has been recommended with a term expiring on December 31, 1996. MOTION by Busho to accept the resignation of Marion McNearney as Community Center Commissioner and to approve the appointment of Gloria Olson as alternate for the Community Center Commissioner. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy had been contacted by the Rosemount interested in the Adopt -A -Road program. Rosemount this program available now. Staff was directed to program similar to the Adopt -A -Park program we now report back to Council in one month. Jaycees does not have establish a have and Councilmember Busho noted that the community Clean Up Day is May 21, 1994 and the city -wide garage sale will be on May 14, 1994. MOTION by McMenomy to move to the Closed Session regarding the McDonough litigation. Second by Busho. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Council moved to the Closed Session at 11:10 p.m. Council reconvened at 11:15 p.m. Mayor McMenomy announced that the German Club will be meeting at City Hall on April 6, 1994, 4:30 p.m. 7:00 p.m. to welcome the visiting students from Germany. Councilmember Busho will represent the City Council and welcome them. MOTION by McMenomy to adjourn. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. The meeting was adjourned at 11:17 p.m. Respectfully submitted, Linda Jentin Recording Secretary 7 1 ATTEST: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1994 Thomas D. Burt City Administrator The City Council Agenda Packet is Clerk's File 1994 -11. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 19, 1994 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 Wippermann, Anderson, Staats, and Busho present. Staff present included: City Attorney Miles, City Administrator Burt, Administrative Assistant Walsh, Assistant Planner Pearson, Public Works Director Wasmund, City Engineer Osmundson, Community Center Manager Topitzhofer, and Assistant Fire Chief Mike Reese. Mayor McMenomy lead the group in the Pledge of Allegiance. Additions to the Agenda were: Item 9.i. Wensmann Rezoning; Item 9.j. Fitness Equipment Purchase (pulled from Consent); and Item 10. d. Resignation of James "Red" Staats from the Port Authority Commission. Assistant Fire Chief Mike Reese reported on the donation from Koch Refinery toward the building of a Fire Safety House. This is an educational trailer that can travel to schools and neighborhoods to teach about fire prevention. The Assistant Fire Chief at Koch Refinery, Pete Herpe, noted how the first Fire Safety House was built in River Falls, Wisconsin about eight years ago and how successful it has been. The education provided has proven to save lives. Mayor McMenomy thanked the representatives from Koch Refinery for the donation. Council appreciated the support to the community. Councilmember Busho asked that a plaque be sent to Koch Refinery for their support as a thank you. MOTION by Wippermann to approve the Consent Agenda pulling Item 4.o. Fitness Equipment Purchase for discussion. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. City Engineer /Assistant Public Works Director Osmundson reported the resignation of Douglas Aldrich, who has accepted a higher paying job in a neighboring city. Osmundson recommended hiring a Maintenance Mechanic II to replace this position. The requirements are higher and this would help retain someone in the position for a longer period of time. The hiring schedule would provide for someone to start in early June. MOTION by Staats to approve the revised job description and authorize the posting and advertisement for a Level II Maintenance Mechanic Position. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. City Engineer /Assistant Public Works Director Osmundson explained the need for a joint meeting with the Utilities Commission. The purpose is to investigate the sanitary sewer and water user rates. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1994 MOTION by Staats to set a Special Joint Meeting between the City Council and the Utilities Commission for the purpose of discussing sewer and water user rates on May 9, 1994, at 6:30 p.m. in the Council Chambers. Second by Wippermann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. City Administrator Tom Burt has met individually with each City Councilmember in his first month of employment. Each Councilmember expressed the need to set goals. Two sessions are recommended, preferably a Friday evening and a full Saturday. MOTION by McMenomy to authorize staff to enter into an agreement with The Brimeyer Group for team building and goal setting with the dates to be determined at a later time. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. MOTION by McMenomy to accept the resignation of Port Authority Commissioner James "Red" Staats from the Commission effective immediately and begin replacement proceedings as scheduled by staff. Second by Wippermann. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Councilmember Anderson discussed the fitness equipment purchase for the Community Center fitness room. Anderson noted that there is a deficit in the funds at this time and the liability factor should be clearly defined. Community Center Manager Topitzhoter noted that the strength building equipment has been used in the past by the police department but because of space shortages at city hall had to be stored for the past two years. The expense is for aerobic equipment needed for a complete physical workout. Everyone using the fitness room would require an orientation with the equipment. Topitzhofer expressed the desire of the Community Center Commission to have an "up and running" fitness room for the Grand Opening on May 22, 1994. This will be a revenue making addition to the Center and it would benefit that interest to display all the equipment at the Grand Opening. The Commission is looking at the fees, a wellness proposal for city staff, and liabilities. Because of the time, 8:00 o'clock, and the need to start the public hearings, Council tabled the fitness equipment purchase discussion to continue later in the evening. Council took a two minute break. The meeting was resumed at 8:02 p.m. and Mayor McMenomy reviewed the public process for public hearings for the audience. Mayor McMenomy opened the Public Hearing for consideration of the U.S.P.C.I, Inc. request for a Zoning Text Amendment and an Interim Use Permit Amendment, both of which are necessary to allow U.S.P.C.I., Inc. co store ash at the Minnesota Industrial Containment Facility (MICF). The recording secretary noted that 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1994 the Affidavits of Published, Mailed, and Posted Notices were on file. Public Works Director /Building Official Wasmund gave a staff overview, history, and current information on the U.S.P.C.I, Inc. request to deposit ash in their Rosemount facility, Minnesota Industrial Containment Facility (MICF). The addition of the ash material would provide U.S.P.C.I. with a broader market to obtain revenues. The Minnesota Pollution Control Agency (MPCA), Dakota County, and Barr Engineering, a consulting engineering company, have not designated ash as hazardous waste, but have labeled it as "special" waste material until further information can be accumulated. Many other substances are also on this list. There are specific design standards that must be adhered to specified by MPCA for storage of ash. Prior to 1992 there were no regulations regarding ash in Minnesota. The MICF would have to build a "P" cell to handle the ash. This "P" cell design is used for hazardous waste material. This request by U.S.P.C.I is an ordinance amendment and an amendment to the Interim Use Permit. As part of her testimony, Sheila Klassen, 12430 Canada Court, presented documents from the Minnesota Pollution Control Agency, the Hennepin Energy Resource Corporation facility (HERC), Barr Engineering, and U.S.P.C.I. to support her argument that the Municipal Solid Waste (MSW) ash from the HERC facility contains hazardous levels of lead and mercury, that RFD ash can produce odors, and that she felt approval of U.S.P.C.I's request would drastically alter the original intent of their Rosemount facility. Klassen also noted the city does financially benefit from U.S.P.C.I, but asked Council not to be distracted by the money issue when making its decision. Many residents expressed concerns for any type of hazardous waste being stored in Rosemount. Also representatives from the Clean Water Action Alliance, Dakota County Citizens Alternative To Burning, and some employed in the industrial eastern part of Rosemount made comments against the storage of hazardous waste. Harry Willcox presented a petition with 300 -500 signatures against the amendment to add ash. Councilmember Anderson quickly reviewed the petition and noted that there were eleven duplicate signatures in the first two pages. The Clerk's File 1994 -12 contains a list of all who spoke at the meeting. Many residents and businesses highly supported U.S.P.C.I.'s request to store ash and commented at the meeting how much benefit the Trust Fund has been to many Rosemount organizations. Councilmember Busho took a firm stand against the U.S.P.C.I. request to store ash because of the timing and lack of community trust. The request is just two years into the five year agreement and Busho felt the issue of ash would be more clearly defined with a review at the end of the agreement time. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1994 MOTION by McMenomy to adopt ORDINANCE NO. B -40, AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE text amendment to allow ash to be stored at the MICF. Second by Anderson. In support of his motion, McMenomy noted that (1) the ash U.S.P.C.I., Inc. wished to place in the MICF was not designated as hazardous by federal or state authorities; (2) in any event, the storage of industrial ash would require permitting by both the Minnesota Pollution Control Agency and Dakota County; (3) U.S.P.C.I., Inc. was taking appropriate steps to make sure the industrial ash would be stored in a highly secured cell; (4) U.S.P.C.I., Inc. had been a good corporate member of Rosemount and the addition of ash would assist U.S.P.C.I., Inc. in broadening its storage market and generating additional revenues; and (5) increasing U.S.P.C.I., Inc. revenues would increase income through service charges and the trust account for the benefit of the City of Rosemount. Councilmember Busho asked for a review of the City's Code of Ethics regarding conflict of interest. City Attorney Miles provided a summary of the provisions of the Code of Ethics. Councilmember Wippermann inquired as to whether U.S.P.C.I., Inc. could be required to pay fees to the City for operation of the MICF. City Attorney Miles responded that, under current law, the City had no authority to require U.S.P.C.I., Inc. to provide funds or charges to the City of Rosemount. U.S.P.C.I., Inc. Senior Vice President Ken Jackson, stated that U.S.P.C.I., Inc. had every intention of conintuing to pay fees in the nature of service charges and monies into the City of Rosemount USPCI Trust Account on a per -ton basis for all materials stored at the MICF, so long as the MICF was in operation. Mr. Jackson also indicated that, as Senior Vice President, he was authorized to and was committing U.S.P.C.I., Inc. to the payment of service charges and trust account deposits, so long as the MICF was in operation. Councilmember Wippermann requested that Mayor McMenomy accept a friendly amendment to condition approval of the proposed zoning ordinance text amendment on U.S.P.C.I., Inc.'s voluntary agreement to the provision of service charges and trust account deposits, so long as the MICF was in operation. Mayor McMenomy accepted Councilmember Wippermann's friendly amendment, as did Councilmember Anderson, who made the second to the original motion. The motion to approve the zoning ordinance text amendment, as amended, was brought to a vote on the basis of McMenomy's stated reasons for the motion. Ayes: McMenomy, Staats, Anderson, Wippermann. Nays: Busho, stating that she was concerned regarding the lack of community trust. MOTION by McMenomy to adopt A RESOLUTION APPROVING AN AMENDMENT TO THE USPCI, INC., INDUSTRIAL CONTAINMENT FACILITY, INTERIM USE 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1994 PERMIT, again conditioned upon USPCI's voluntary agreement to continue the provision of service charges and trust account deposits, so long as the MICF remains in operation. Second by Anderson. Ayes: Staats, Anderson, Wippermann, McMenomy. Nays: Busho. Mayor McMenomy called for a short break. The meeting was resumed at 10:45 p.m. Mayor McMenomy opened the Public Hearing for The Adventure Zone: Interim Use Permit (IUP) for Commercial Outdoor Recreation. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. Assistant Planner Pearson reviewed the request by Brett Harvey and Wayne Passon of The Adventure Zone to continue operation of the Commercial Outdoor Recreation Use in the General Industrial District. The Planning Commission recommends approval as this is a transitional use. MOTION by Wippermann to close the Public Hearing for the Adventure Zone Commercial Outdoor Recreation Use. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE ADVENTURE ZONE 1994 INTERIM USE PERMIT WHICH SETS OUT THE CONDITIONS FOR OPERATION OF THE PAINTHALL RECREATIONAL USE IN THE GENERAL INDUSTRIAL DISTRICT. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy opened the Public Hearing for Splatball, Inc. Interim Use Permit (IUP) for Commercial Outdoor Recreation Use. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. Jim Lathrup of Splatball, Inc. is requesting approval to continue operation of a Commercial Outdoor Recreation Use in a Agriculture District. Assistant Planner Pearson reviewed the request. MOTION by McMenomy to close the Public Hearing for Splatball, Inc. Interim Use Permit for Commercial Outdoor Recreation. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by Anderson to adopt A RESOLUTION APPROVING THE SPLATBALL, INC 1994 INTERIM USE PERMIT WHICH SETS OUT THE CONDITIONS FOR OPERATION OF THE PAINTBALL RECREATIONAL USE IN THE AGRICULTURAL DISTRICT. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Mayor McMenomy opened the Public Hearing for Hinzman Addition Preliminary Plat /Final Plat. The recording secretary noted that 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1994 the Affidavits of Published, Mailed, and Posted Notices were on file. Assistant Planner Pearson reviewed the request of Lisa Hinzman to subdivide a 6.52 acre parcel into two rural residential lots. The property is located north of 130th Street West between Biscayne and Bengal Avenues and zoned Rural Residential District. The Planning Commission recommends approval of the subdivision. Ms. Hinzman noted that the potential buyers intend to keep the lot wooded as it is now, only removing trees to site the house. Neighbors expressed concern about over building the area. Pearson noted that this request is within Rosemount's Comprehensive Guide Plan restrictions for density in a rural residential area. MOTION by McMenomy to close the Public Hearing for the Hinzman Addition Preliminary Plat /Final Plat. Second by Wippermann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE SUBDIVISION FOR HINZMAN ADDITION. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. City Administrator Tom Burt explained the concept of Local Effort Funding in respect to the Rosemount Village Square. The value of the shopping center needs to be set. Fiscal disparities would indicate the City would lose some of the new taxes generated. Dakota County has not approved the City's request for financing of road improvements. Without the commitment of the County we are not able to know how long the taxes would be diverted to pay for the improvements. Burt recommended that more certain information is needed before Local Effort Funding take place. Assistant Planner Pearson noted that Carlson Properties of Rosemount, Inc., is requesting final plat approval for Rosemount Village Square. The Planning Commission reviewed the final plat and an early draft of the Planned Unit Development on April 12, 1994 and recommends its approval. Discussion followed regarding STAC charges, Wachter Pond, and the need for turn lanes. Representatives of Carlsons Properties and several other businesses and residents commented in support of the shopping center development. MOTION by Wippermann to table action on the Rosemount Village Square Final Plat and Development Agreement and direct staff to negotiate with the developer and return to the next meeting. Second by Anderson. Ayes: Anderson, Wippermann, Staats, Busho. Nays: McMenomy. City Administrator Burt researched the possibility of the City Staff providing labor for parking lot improvements. Liability is a problem and it could set a precedence for future requests on 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1994 private property. The Port Authority is directed to continue to look at ways to redevelop the downtown and have parking as a primary concern. Assistant Planner Pearson reviewed the Wensmann Sixth Addition Final Plat and Development Agreement. The Planning Commission recommends approval. A 20 foot wide easement will be provided along CSAH 42 for accommodation of a bike path. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR WENSMANN SIXTH ADDITION and authorizing the execution of the Wensmann Sixth Addition Planned Unit Development Agreement. Second by Busho. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by Wippermann to adopt ORDINANCE B -41 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE which provides for the rezoning of the Wensmann Sixth Addition from Agriculture to R -1 Single Family Residential (detached) and R -2 Single Family Attached. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Further discussion took place on the purchase of fitness equipment for the Community Center. Topitzhofer noted that the Center does have a million dollar policy intact for liability in the operation of the facility. Fitness is considered a recreation program. Wippermann noted it would be wise to have the fitness room ready for the Grand Opening. MOTION by Wippermann to approve purchases for aerobic equipment for the Community Center from account 427 48000 -01 -580. Second by Staats. Ayes: Staats, Busho, Wippermann. Nays: Anderson, McMenomy. City Engineer Osmundson reviewed the plans and specifications for Shannon Hills 6th Addition, City Project 251. The feasibility report was accepted by City Council at the February 1, 1994 meeting. Bid opening date is set for May 13, 1994, 10:00 a.m. MOTION by Wippermann to adopt A RESOLUTION RECEIVING PLANS AND SPECIFICATIONS /AUTHORIZING ADVERTISEMENT OF BIDS, SHANNON HILLS 6TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 251. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. City Engineer Osmundson presented City Project 248, Shannon Pond 3rd Addition and City Project 242, West Ridge 5th Addition which will be done jointly. The bid opening will be held May 13, 1994 at 10:30 a.m. MOTION by Staats to adopt A RESOLUTION RECEIVING PLANS AND SPECIFICATIONS /AUTHORIZING ADVERTISEMENT OF BIDS FOR SHANNON POND 3RD ADDITION, CITY PROJECT 248, AND WEST RIDGE 5TH ADDITION, CITY PROJECT 242, STREET AND UTILITY IMPROVEMENTS. Second by Busho. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1994 Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. City Engineer Osmundson reviewed City Projects 253 and 254 for O'Leary's Hills 7th and 8th Additions for street and utility improvements. The bid opening will be held May 13, 1994, at 11:00 a.m. MOTION by Anderson to adopt A RESOLUTION RECEIVING PLANS AND SPECIFICATIONS /AUTHORIZING ADVERTISEMENT OF BIDS, O'LEARY'S HILLS 7TH AND 8TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 253 254. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Assistant Planner Rick Pearson reviewed the request by Steve Fiterman, President of Ground Development, Inc. for final plat approval of Shannon Hills 6th Addition. This is the final phase of the Shannon Hills Residential Planned Unit Development with 30 single family lots. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE SHANNON HILLS 6TH ADDITION FINAL PLAT and authorizing the execution of the Shannon Hills 6th Addition Development Agreement. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Councilmember Busho reminded Council of the Shamrock Award Dinner Saturday night. Also, the Rosemount Community Center was mentioned in the Cities Magazine, good job staff! MOTION by McMenomy to adjourn. Second by Wippermann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. The meeting was adjourned at 1:05 a.m. ATTEST: Respectfully submitted, Linda Jentink Recording Secretary Thomas D. Burt City Administrator The City Council Agenda Packet is Clerk's File 1994 -12. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 3, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 3, 1994 at 7:30 p.m. in the Council Chambers at City Hall 2875 145th Street West. Mayor McMenomy called the meeting to order with Councihnembers Wippennann, Anderson, Staats, and Busho present. Staff present included: City Attorney Miles, City Administrator Burt, Assistant Planner Pearson, Public Works Director Wasmund, City Engineer Osmundson, and Parks Recreation Director Bechtold. Mayor McMenomy lead the group in the Pledge of Allegiance. Items 6.f. Housing Maintenance Ordinance and 6.g. Tree Preservation Ordinance under New Business were added to the agenda by Councilmember Wippennann. Mayor McMenomy requested an update on the schedule for 145th Street West improvements. Penny Butler represented Dakota Alliance for Prevention and gave a presentation emphasizing the need for male role models, support, guidance. and ability to listen to your children. Butler said the potential in children for good is there but with the many drug problems and conflicts more help is needed. Butler thanked the City Council for their support and Council also thanked Ms. Butler for her involvement. Parks Recreation Director Bechtold reported on the Arbor Day program and the Tree City USA award. Mayor McMenomy read The Arbor Day Proclamation. May 18, 1994 a Arbor Day program will be held at Jaycee Park at 7:00 p.m. MOTION by McMenomy to proclaim the last Friday of April as Arbor Day and the month of May to be Arbor Month and to officially accept the Tree City USA award which will be so noted on the plaque located in the Council Chambers. Second by Wippemtann. Ayes: Staats, Busho, Anderson. Wippennann, McMenomy. Nays: None. Public Works Director /Building Official Wasmund noted that Dakota County and Rosemount had received an honorable mention award from the National Recycling Coalition. Los Angeles received the award with Dakota County just missing the honor by a very small margin. This recognition is for the comprehensive curb side recycling collection system, the aggressive procurement program of recycled and reused materials and composting program. Forty percent of all Dakota County refuse is recycled. We should be proud of our residents willingness to participate. MOTION by Wippermann to approve the Consent Agenda with the noted amendments to the minutes of May 3, 1994. Second by Busho. Ayes: Busho, Anderson, Wippennann. McMenomy, Staats. Nays: None. Assistant Planner Pearson reviewed the Leroy Mullikin subdivision request at 4060 145th Street West. The Planning Commission approved the lot split at their April 5, 1994 meeting. The new lot meets all the ordinance standards for a comer lot. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 3, 1994 MOTION by McMenomy to adopt A RESOLUTION APPROVING THE SUBDIVISION FOR MR. LEROY MULLHCIN AT 4060 145th STREET WEST. Second by Staats. Ayes: Anderson. Wippennann, McMenomy, Staats, Busho. Nays: None. City Administrator Burt reviewed the Rosemount Village Square Development. City staff has niet with Carlson Properties and negotiated the issues in the development agreement. The proposed turn lanes off of CSAH 42 will be addressed with a feasibility report later in the agenda. Discussion ensued. Wippennann noted he did not agree with the waiver of some of the STAC charges and Busho agreed also. MOTION by McMenomy to adopt A RESOLUTION FOR ROSEMOUNT VILLAGE SQUARE APPROVING THE FINAL PLAT and authorizing the execution of the Subdivision Planned Unit Development Agreement for Rosemount Village Square which will include City Engineer Osmundson's memo detailing the STAC charge in the amount of $23,576.98. Second by Anderson. Ayes: McMenomy, Staats, Anderson. Nays: Wippennann, Busho. City Engineer Osmundson presented an Adopt -A- Street program. Information from the parks department on the Adopt -A -Park program helped pulled the program together quickly. This program would help encourage groups to take pride in their community. Signs could be posted naming a group for a section of street. Council suggested that a charge for the sign only, not the labor, he made to an interested group. The program should be ready to start June 1, 1994. MOTION by Wippennann to establish an "Adopt -A- Street" program in the City of Rosemount. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. City Engineer Osmundson reviewed City Project 245, 145th Street Improvements. There are some easements needed for the utilities. If these are not received prior to June 7 the award of contract will have to be delayed. A quick take method was discussed. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZE THE ADVERTISING OF BIDS FOR 145TH STREET IMPROVEMENTS, CITY PROJECT NO. 245. Second by Anderson. Ayes: Staats, Busho, Anderson, Wipperntann, McMenomy. Nays: None. City Engineer Osmundson introduced Brian Bourassa, P.E., from OSM Engineering who gave an overview of the feasibility report for the Wachter 186 A Outlet, City Project 257. This is in the area of Carrollton 4th and Edwin Rahn Addition. This would be a 21 inch stonn drain which would provide a second outlet for this area and would be approximately 1800 feet long. This would help the drainage there which has in the past threatened some homes with flooding. The estimated project cost is $150,000 which would be funded from the Stornt Core Fund. ROSEMOUVT CITY PROCEEDINGS REGULAR MEETING MAY 3, 1994 MOTION by Anderson to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT, ORDERING THE PROJECT, AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR WACHTER 186A OUTLET IA'IPROVENIENTS, CITY PROJECT 257. Second by Wippermann. Ayes: Busho, Anderson, Wippennann, Staats. Nays: McMenomy. Assistant Planner Pearson reviewed the lot split request from Richard Cliff, 12523 Akron Avenue, to create a 2.5 acre lot for his daughter. Nancy. The Planning Commission recommended its approval. The lot meets minimum standards for lot width, area and overall maximum density. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE AGRICULTURE LOT SPLIT FOR RICHARD AND NANCY CLIFF. Second by Staats. Ayes: Anderson, Wippennann, McMenomy, Staats. Busho. Nays: None. City Engineer Osmundson noted that the predicted increased traffic due to the proposed development in the South Rose Park Replat area necessitates a feasibility study on CSAH 42 between Chippendale Avenue and Canada Avenue. The feasibility study will investigate how to finance the project as well. MOTION by McMenomy to adopt A RESOLUTION ORDERING THE PREPARATION OF A FEASIBILITY REPORT FOR TURN LANES ON CSAH 42 AND CANADA AVENUE, CITY PROJECT 258. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson. Nays: Wippernann. Public Works Director Wasmund reported on the 1994 Spring Clean Up Day scheduled for May 21. 7:30 a.m. to 2:00 p.m. About 83 tons of trash and recyclables are collected annually. Also this year, fishing tackle and equipment will be recycled for a children's program, Tackle for Tomorrow. The City-Wide Garage Sale will be held May 13 14 with over 100 households participating. MOTION by Wippennann approving the Spring Clean Up Day for May 21, 1994 with expenditure for costs including a $100 donation to the Explorer Scouts to be made from 101- 41110 -01 -317. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippennann. Nays: None. City Engineer Osmundson noted the proposed development by CMC Heartland for residential homes in the area of Biscayne Avenue, south of 145th Street and north of CSAH 42. This indicates that a feasibility study should be done for stonnwater drainage in Section 29. CMC Heartland will be requested to provide escrow to assist in paying for the report. MOTION by McMenomy to adopt A RESOLUTION ORDERING THE PREPARATION OF A FEASIBILITY REPORT FOR SECTION 29 STORM DRAINAGE IMPROVEMENTS. Second by Wippennann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. 3 ROSE1 'IOUNT CITY PROCEEDINGS REGULAR MEETING MAY 3, 1994 City Engineer Osmundson reviewed a petition request from residents in the Carrollton Additions for additional signage to insure better safety for children in the area. Engineering staff studied the area and determined some new signage. The best way to control speed of vehicles is by enforcement of the speed limits by the police department. MOTION by Anderson to adopt A RESOLUTION ESTABLISHING YIELD SIGNS ON CRESTVIEW AVENUE AT 149TH STREET AND ON 147TH STREET AT COVINGTON AVENUE. Second by Staats. Ayes: Busho, Anderson, Wippennann, McMenomy. Staats. Nays: None. Councilmember Wippermann requested that staff take a look at the possibility of having a Housing Maintenance Ordinance in Rosemount. Wippennann suggested checking with other communities. City Administrator Burt said that with an ordinance would come the need for code enforcement and additional staff. Such ordinances usually set up a minimum level of maintenance and encourage pride in ones property. The Economic Development Intern could start to develop this policy. Public Works Director Wasmund noted that a "graffiti" ordinance is also being looked at. Councilmember Wippermann mentioned that a Tree Preservation Ordinance might be in order. Wippermann noted that possibly this is being handled through the Parks Recreation Department, but consideration for the entire city should be made. Assistant Planner Pearson noted the upcoming meetings on the Metropolitan Council Regional Blueprint Draft public hearing (May 19, 7 p.m.) and the Scoping Environmental Assessment Worksheet and Draft Scoping Decision Document (May 12. 1994, 7 p.m.) for the proposed new airport sited in Hastings. Both meetings can have an immense impact on the City of Rosemount and Councibnembers were encouraged to attend or participate. City Administrator noted the dates for the approved goal setting session. Council discussed the best date and concluded that the goal setting session would be July 8 -9, 1994. Further information will be presented at a later time. MOTION by McMenomy to adjourn. Second by Wippermann. Ayes: Anderson, Wippennann, McMenonry. Staats, Busho. Nays: None. The meeting was adjourned at 9:15 p.m. ATTEST: Respectfully submitted, ri t.Et`et--- Linda Jentink, Recording Secretary Thomas D. Burt City Administrator The City Council Agenda Packet is Clerk's File 1994 -13. 4 1 1 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council and the Rosemount Utility Commission was duly held on Monday. May 9. 1994 at 6:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Wippermann, Anderson, Busho and Commissioners Mulhern, Walsh and Oxborough present. Councihnember Staats was absent. Staff present included: City Administrator Burt, City Public Works Director Wasmund, Engineer Osmundson. Finance Director May, and Accountant Korpela. Mayor McMenomy lead the group in the Pledge of Allegiance. ROSEI IOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 9, 1994 Osnu presented a five (5) year plan for improvements and repair to the sewer /water system /structure. Dave Simons, from SEH Inc., made a presentation to the Council /Commission information regarding sewer /water service consumption for past use and future projections; including existing rates versus proposed rates. MOTION by McMenomy to approve the rates and direct staff to bring the appropriate resolution to the next Council meeting. Second by Wippermann. Ayes: 7. Nays: 0. MOTION by Busho to adjourn the meeting. Second by Wippermann. The meeting was adjourned at 8:12 p.m. ATTEST: Thomas D. Burt City Administrator This City Council Agenda is Clerk's File 1994 -13A. Respectfully submitted, Maryann Sto° el Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 17, 1994 at 8:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West. The time change was due to Independent School District 196 School Board Elections. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Staats, Busho, and Wippennann present. Staff present included: City Attorney Miles, City Administrator Burt, and City Engineer Osmundson. Mayor McMenomy lead the group in the Pledge of Allegiance. Attorney Miles added the Olga Strese Lot Boundary Adjustment to the Agenda under New Business 6.d. City Engineer Osmundson requested that Consent Item 4.j. 145th Street Eminent Domain Proceedings be pulled for discussion to Old Business, 5.d. and the Item 5.c. be removed from the Agenda because the bids were rejected for City Project 251. Sheila Klassen requested discussion on the approved minutes of April 19, 1994. Mayor McMenomy placed this under Department Heads Reports. Item 3. b. Mayor McMenomy proclaimed that the week of May 15 through May 21 is National Public Works Week in the City of Rosemount. It is the IOOth year anniversary of the National Public Works organization. City Engineer Osmundson gave an impressive overview of the amount of roads the city crews maintain, and the Mayor and Council acknowledged with appreciation to all the hard working Public Works personnel. Osmundson noted that the conversion to the metric system will begin next year so all speed limit signs will be changed over to show both metric and English miles per hour by 1996. Minnesota Department of Transportation will now start requiring all engineering plans to be submitted with both measurements. Osmundson commended the city crews for their high quality and hard working staff. Sheila Klassen, 12340 Canada Court, had an objection to the approved minutes of April 19, 1994, regarding the U.S.P.C.I. issue of amending their permit to include incinerator ash disposal. Klassen noted that she realized the minutes are a summation of the meeting including all actions taken. Klassen took issue that her statement was not correctly represented, that the descriptive list of what kinds of ash included was not in the minutes, that State Representative Dennis Ozment's comments against U.S.P.C.I were not included in the final minutes, and that the petition submitted by Harry Willcox was not recorded as received by the City Council. City Administrator Burt responded that much of this information is in the Clerk's File which is a permanent record which is available to the public upon request. Burt noted that petitions and names and addresses of those speaking will in the future be included in the minutes. Mayor McMenomy said he would only recommend changing paragraph two on page three which is the summary of Klassen's statement. Attorney Miles wanted the record to show that the revisions to the minutes of the April 19, 1994 City Council meeting would be furnished to any interested person. The April 19, 1994 minutes would not be re- published because the content will be published with the May 17, 1994, minutes. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1994 Klassen's statement is as follows: "As part of her testimony, Sheila Klassen, 12430 Canada Court, Rosemount, Minnesota, presented documents from the Minnesota Pollution Control Agency (MPCA), the Hennepin Energy Resource Corporation (HERC), Barr Engineering, and U.S.P.C.I. to support her argument that the Municipal Solid Waste (MSW) ash from the HERC facility contains hazardous levels of lead and mercury, that the RFD ash can produce odors, and that she felt approval of U.S.P.C.I.'s request would drastically alter the original intent of their Rosemount facility. She also noted the city does financially benefit from U.S.P.C.I., but asked Council not to be distracted by the money issue when snaking its decision." Klassen also noted that even though the "special" designation of the ash by the MPCA has not been changed the recent U.S. Supreme Court ruling on incinerator ash confirms that MSW ash can test as hazardous and therefore, must he handled as hazardous waste. City Administrator Burt said that after the Environment Pollution Control and the Minnesota Pollution Control Agency digest this new ruling it will be up to therm to determine the levels which determine if a substance is hazardous or not. MOTION by McMenomy to correct the second paragraph on page three to reflect Sheila Klassen changes in regard to her request tonight on the U.S.P.C.I. permitting ash issue. Second by Anderson. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by Wippermann to approve the Consent Agenda with amendments to the May 1 1994 minutes and pulling Item 4.j. 145th Street Eminent Domain Proceedings. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. City Engineer Osmundson said that the bids for City Project 251 had to be resent. It will be re -bid May 27th and be back for City Council approval on June 7, 1994. City Engineer Osmundson said that the bids for City Projects 242, West Ridge 5th Addition, and 248, Shannon Pond 3rd Addition, were opened on Friday, May 13, 1994. The low bidder was Hydrocon, Inc., from North Branch, Minnesota in the amount of $289,252. This was $115,000 lower than the engineers estimate. MOTION by Wippermann to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACTS CONTINGENT UPON THE NECESSARY SECURITIES BEING OBTAINED FOR WEST RIDGE 5TH ADDITION AND SHANNON POND 3RD ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NUMBERS 242 AND 248. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. City Engineer Osmundson said the bids were rejected on City Projects 253, O'Leary's Hills 7th Addition and 254, O'Leary's Hills 8th Addition. Consideration to re -hid will be made in the near future. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1994 City Engineer Osmundson reported that the Item 4.j. 145th Street Eminent Domain was not needed because all signatures required were received at 6 p.m. tonight. All but one person is going to bury their utilities. The bid opening is scheduled for June 1, 1994. City Administrator Burt noted that because of the failed referendum to finance a new fire station and an aerial truck in May, 1993, and the Fire Department's dedication to improve fire service for Rosemount residents, the formation of a group called the Fire Service Task Force is being recommended. The Fire Department put together a "mission statement" for this group and recommends advertising for volunteers to serve on it. It is recommended to have about fifteen people with varied interests and view points on the task force. Firefighters are not encouraged to apply, but to be available as a resource. The same would be true for city staff. MOTION by McMenomy to adopt the Mission Statement for the Fire Service Task Force and advertise in the local newspapers May 18 through May 28 with a June 10th deadline for volunteers to apply and the appointment of the task force members by City Council on June 21, 1994. Second by Staats. Ayes: Busho, Anderson. Wippermann, McMenomy, Staats. Nays: None. City Administrator Burt reviewed the Request for Proposal for Legal Services. The contract with Fluegel. Moynihan and Miles, P.A. expired on January I, 1994. It was extended for six months and is continuing on a month by month basis. It is reconunended to have the Request for Proposals submitted on June 17, 1994 and presented to Council on July 5, 1994. MOTION by Anderson to approve the Request For Proposal for Legal Services and direct staff to submit the advertisement to the "Rosemount Town Pages" and the "Rosemount ThisWeek." Second by McMenomy. Ayes: Anderson, Wippennann. McMenomy, Staats, Busho. Nays: None. The City received a petition from Mr. Paul Vorwerk, owner of the property at 3005 Lower 147th Street. to vacate a portion of Lower 147th Street. City Engineer Osmundson noted that this is near the Total Station on Hwy 3 which in January of 1970 completed a vacation of the street next to Mr. Vorwerk's property. To vacate this property the City must hold a public hearing providing the opportunity for adjacent property owners to snake comments. MOTION by McMenomy to adopt A RESOLUTION SETTING A PUBLIC HEARING VACATION FOR A PORTION OF LOWER 147111 STREET on June 7, 1994, at 8:00 p.m. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. City Attorney Mike Miles requested Council's approval of a boundary lot line relocation for the Olga Strese property. Streses are developing the 9.7 acre parcel on the northwest confer of Chippendale Avenue and 145th Street. This is not a subdivision; it will not create a new lot for residential use. 3 Councilmember Busho noted that it would be better if the Planning Commission had an opportunity to review this request, but she realized the City is working with property owners in this case. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE OLGA STRESE COMMON BOUNDARY LOT LINE RELOCATION. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wipperniann. Councilmember Anderson noted she would be absent for the second meeting in June. Councilmember Busho noted that the League of Minnesota Cities Convention will be June 7 June 10. Wipperrnann, Busho. and Anderson plan to attend. MOTION by McMenomy to adjourn. Second by Anderson. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. The meeting was adjourned at 8:58 p.m. ATTEST: Thomas D. Burt City Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1994 Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -14. 4 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING ,JUNE 1, 1994 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Wednesday, June 1, 1994 at 5:15 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilntembers Anderson, Wippermann, Staats and Busho present and City Administrator Torn Burt. Mayor McMenomy lead the group in the Pledge of Allegiance. The purpose of the meeting was to interview applicants for a position on the Port Authority commission. The applicants interviewed were: Sheila Klassen, Renee Stevenson, James Ahern, Joseph "Ole" Tranby, and Norm Miller. MOTION by McMenomy to appoint Norm Miller to the Port Authority Commission. Second by Anderson. Ayes: Anderson, Wippennann, McMenomy, Staats, Busho. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: All. ATTEST: E.B. McMenomy Mayor Respectfully submitted, Thomas D. Burt City Administrator The City Council Agenda Packet is Clerk's File 1994 -15. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 1994 Pursuant to due call and notice thereof a regular meeting of' the Rosemount City Council was duly held on Tuesday, June 7, 1994 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 Anderson and Busho present. Wippemtann and Staats were absent. Staff present included: City Attorney Miles, City Administrator Burt, Public Works Director Wasmund, City Engineer Osmundson, Assistant Planner Pearson, Parks and Recreation Director Bechtold, Police Chief Knutsen, Finance Director May, and Finance Consultant Dan O'Neill. Mayor McMenomy lead the group in the Pledge of Allegiance. Additions to the agenda were as follows: Update on Fire Service Task Force, Item 6.d.; Review of Dan Lockler Pond Issue. Item 6.e.; and Items 7.g. Purchasing Policy F -1 was pulled to be reviewed at the next regular Council meeting. Finance Director May introduced Roger Schanus. Certified Public Accountant for Boeckenuann Heinen Mayer who did the audit for 1993 for the City of Rosemount. Schanus reported that the budgeted expenses were under- spent. the Community Center showed a small loss, and more revenue was brought in than was expected. The Mayor asked to Schanus to grade the City, A F. Schanus replied that the Fund Balance Reserves would be a B+ with some room for improvement: the budgeting would get an A, and the Enterprise Funds such as Utilities Fund are doing good. and the Capital Projects Funds are doing well. MOTION by Busho to approve the Consent Agenda. Second by Anderson. Ayes: Busho, Anderson, McMenomy. City Engineer Osmundson noted that in order to receive the bids and award the contract for the 145th Street Reconstruction project. a 4/5 vote by City Council is required. Because of the two excused councilntemhers absences this majority vote would not be possible. MOTION by McMenomy to table Item 6.a. Receive Bids /Award Contract for 145th Street Reconstruction. City Project 245. Second by Busho. Ayes: Anderson, McMenomy, Busho. Mayor McMenomy suggested a special City Council meeting be arranged as soon as possible to keep this project on track and any other business caused not to move forward tonight. City Administrator Burt said he would arrange a special meeting. City Engineer Osmundson reviewed City Project 251, Shannon Hills 6th Addition. The bids were received on May 27, 1994, ranging from $302,816.80 to $392,429.43. The low bid received and recommended is from Hennen Construction Company. MOTION by McMenomy to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR SHANNON HILLS 6TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 251. Second by Anderson. Ayes: McMenomy, Busho, Anderson. Nays: None. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 1994 City Engineer Osmundson reviewed the replacement and selection of the Mechanic 11 position. MOTION by Busho to authorize the hiring of Alan Ryg as Mechanic 11 beginning on June 27, 1994, subject to the passing of the pre employment physical and driver's license check. Second by Anderson. Ayes: Busho, Anderson, McMenomy. Nays: None. City Administrator Butt gave an update on the Fire Service Task Force. Articles were published in three of the local papers for volunteers on this committee, however, only four people have applied. Burt encouraged City Council to contact and encourage anyone they felt would he interested and willing to meet on this issue. The deadline for applicants is Friday, June 10, 1994. Mayor McMenomy had been contacted by Dan Lockler on the ponding issue by his home, 2187 128th Street. City staff needs easements from other property owners in the area in order to allow storm water drainage away from Dan Lockler's property. Not all property owners are in agreement with this solution. City Engineer Osmundson said even with this additional outlet it could not be insured that there would never be a flooding problem. Council asked that a list of the affected homeowners be given to Council at the next meeting with an update. City Engineer Osmundson reported that Boyd Bailey, Engineering Technician, has resigned effective June 6, 1994. He has accepted a position with the engineering consulting firm of Toltz, King, Duvall and Anderson, and we wish him well. The job description includes the ADA requirements. Staff recommends beginning the application review and interview process to be brought back to City Council July 19, 1994. This is a very busy time so the need to fill this position as soon as possible is of the utmost importance. MOTION by Anderson to receive the resignation, approve the revised job description and authorize the posting and advertisement for an engineering technician position. Second by McMenomy. Ayes: Anderson, McMenomy, Busho. Nays: None. City Engineer Osmundson noted that the lift station outlet request by the Independent School District 196 effects property pnntarily owned by the City. This would then require a 4/5 vote by Council which cannot be done this evening. MOTION by McMenomy to table Item 7.b. Receive a Petition and Order a Feasibility Report for Schwarz Pond Outlet. Second by Busho. Ayes: McMenomy, Busho, Anderson. Nays: None. Public Works Director Wasmund introduced a new position, Code Enforcement Intern. Rosemount's housing stock is mixed evenly with old and new structures. Staff is looking into a Housing Maintenance Code as requested by City Council with the use of an intern for 1994 as budgeted for, and recommending budgeting for a full -time Code Enforcement Officer in 1995. 2 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 1994 Councilmember Busho noted the varied jobs this position would provide for: development process. tree preservation, zoning code enforcement, housing maintenance codes, marketing for the Rosemount Business Park, site inspections for zoning compliance, and ordinance revisions and research. Councilmember Anderson noted this would he for commercial property as well. MOTION by Anderson authorizing the hiring of an Intern for Code Development and Enforcement with payment to come from account 101- 41910 -99 -103. Second by Busho. Ayes: Busho, Anderson, McMenomy. Nays: None, Mayor McMenomy opened the Public Hearing at 8:02 p.m. for the right -of -way vacation for a portion of Lower 147th Street. The Mayor reviewed the public process for public hearings for the audience. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. City Engineer Osmundson reviewed the request by Paul Vorwerk, 3005 Lower 147th Street to vacate a street easement of Lower 147th Street which is no longer needed by the City. Attorney Miles advised that Mr. Vorwerk's parcel can proceed this evening but the two other parcels were in effect a "house cleaning" task petitioned by the City and therefore cannot proceed without a 4/5 vote of City Council. This action was requested when the title company did a search for the sale of this property. The resolution was amended to include only Mr. Vorwerk's lot. Colleen Oxborough, 14690 Cameo Avenue, asked what the zoning was for these lots. A short break was taken at 8:10 p.m. to quickly researched this and it was found that they the lots are zoned C -2 Commercial, but have a residential use. The City has no intention of changing the residential use as now used. Robert Thompson, 3005 Lower 147th Street, asked how he was able to buy seven years ago a home on a commercial lot? Staff replied that sales are not affected by zoning. Administrator Burt further explained that the hone owner or the City can petition at any time. Assistant Planner Pearson said the State of Minnesota does provide rights for the owner to support a residential use of land. MOTION by McMenomy to close the Public Hearing for the Vacation of Right -Of -Way for a Portion of Lower 147th Street identifying it as the easterly 49.68 feet of the south 27 of Township 115, Range 19. Second by Anderson. Ayes: McMenomy, Busho, Anderson. Nays: None. MOTION by Anderson to adopt A RESOLUTION CAUSING A RIGHT -OF -WAY VACATION IN AUDITOR'S SUBDIVISION NO. 1 IN THE CITY OF ROSEMOUNT for the east 49.68 feet of the southern 27 '/2 feet of Township 115, Range 19, in the City of Rosemount. Second by McMenomy. Ayes: McMenomy, Busho, Anderson. Nays: None. Item 7.c. approving an ordinance pledging full faith and credit of the City for the Port Authority 1994D Bond issue was recommended to be tabled by Finance Director May. 3 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7. 1994 MOTION to table approving an ordinance pledging full faith and credit of the City for the Port Authority 1994D Bond issue. Second by Busho. Ayes: Busho, Anderson, McMenomy. Nays: None. MOTION by McMenomy to table Items 7.d, 7.e., and 7.f.. After discussion with the City Attorney the motion was withdrawn. Finance Director May presented the I994A Bond Issue authorizing sale of General Obligation Improvement bonds for six projects: City Protect 245, 145th Street Reconstruction Chili Avenue to Cameo Avenue; City Project 242, West Ridge 5th Addition; City Protect 248. Shannon Pond 3rd Addition; City Project 251, Shannon Hills 6th Addition; City Project 253, O'Leary's Hills 7th Addition; and City Project 254, O'Leary's Hills 8th Addition. Bids would be opened July 5, 1994, at 11:00 a.m. MOTION by McMenomy to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,605,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994A. Second by Busho. Ayes: McMenomy, Busho, Anderson. Nays: None. Finance Director May presented the 1994B Bond Issue authorizing issuance and setting the bond sale for the funding of three projects: City Project 245, 145th Street Reconstruction Chili Avenue to Cameo Avenue: City Project 251, Shannon Hills 6th Addition: and City Project 257, Wachter 186A Outlet. Bids would be opened July 5, 1994, at 11:00 a.m. MOTION by Anderson to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $335,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1994B. Second by Busho. Ayes: Busho, Anderson, McMenomy. Nays: None. Finance Director May presented the 1994C Bond Issue authorizing issuance and setting bond sale for General Obligation State Aid Street Bonds for City Project 245, 145th Street Reconstruction chili Avenue to Cameo Avenue. This issuance of bonds will enable the City to complete this project and pay off the debt over time as the Minnesota State Aid funds become available to us. Bids will be opened July 5, 1994, 11:00 a.m. MOTION by Busho to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $700,000 GENERAL OBLIGATION STATE AID STREET BONDS, SERIES 1994C. Second by McMenomy. Ayes: Anderson, McMenomy, Busho. Nays: None. Finance Director May presented the new Investment Policy F -4 recommended for approval. The policy addresses legal requirements and restrictions that must be followed when investing City funds. It also establishes guidelines that staff can use when investing funds. The policy is fairly conservative but allows us to invest in some additional methods that can increase our interest earnings without placing greater risks on the funds of the City. 4 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 1994 MOTION by Busho to approve Investment Policy F -4 with the addition of adding the City Administrator position as being an "authorized party." Second by McMenomy. Ayes: McMenomy, Busho, Anderson. Nays: None. Assistant Planner Pearson presented the request from Ronald Enright, 12305 Chinchilla Court, for a common lot boundary relocation. Mr. Enright owns two parcel next to each other. One lot has a "pan- handle" type extension and this combination would square up each lot with an area of 2.5 acres each. The Planning Commission reviewed the request on May 10, 1994 and recommends its approval. MOTION by Busho to adopt A RESOLUTION APPROVING A COMMON LOT BOUNDARY RELOCATION REQUEST FROM RONALD ENRIGHT. Second by Anderson. Ayes: Busho, Anderson, McMenomy. Nays: None. City Administrator Burt reviewed the process used to recommend the reorganization of the city departments. Input was gathered from staff, City Council, and business and community residents. The City Council emphasized the 'one stop shopping" needed for residents corning to City Hall A Community Development Department will be created including Building, Planning, and Economic Development. The Parks and Recreation and the Community Center departments would combine to form one department. The organizational charts are long range. with no immediate hiring to take place and as always any position requested will go through Council approval. One department head, the Parks and Recreation Director, will have to be laid off because of this reorganization. Because his job was displaced, it is recommended that he receive two months severance pay and outplacement services. It was noted that the Parks and Recreation Director David Bechtold has brought the parks system through tremendous growth and has helped implement many volunteer groups in the community. He will be missed by the Parks and Recreation Commission, city staff, and the community. Julie Brown, 13720 Danube Lane, wondered if the parks will suffer not having Director Bechtold to keep track of them. She and her family enjoy the parks near their home and expect them to be kept up. Jerry Puciaty, 14901 Caulfield Circle, wished the Parks and Recreation Committee had been asked for input on this reorganization. Director Bechtold has been instrumental in organizing the Carroll's Woods Committee, Erickson Community Square, the Garden Club, and other community groups. Mayor McMenomy noted that City Administrator Burt had been hired with the primary task of reaching an organization chart which would improve the structure and services provided for the City. Administrator Burt assured the audience that the City would not be cutting services to the Parks Department. The commissions of the City are advisory groups which do not have hiring capacity. 5 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7. 1994 John Howard, 14975 Cornfield Circle, commented that rather than displace the Parks and Recreation Director he should have been offered a position within the City. Renee Stevenson, 14600 Cameo Avenue, noted that great emphasis seems to be on the Community Center and less on the parks system She asked that the park system not be allowed to suffer. Deanna Simpson. 3515 143rd Street, said she has worked with Director Bechtold many years. He has done a lot of good things working with the community and she does not want to see him go. Director Bechtold asked of the Council why twelve years employment and twenty years experience would not be consideration for a position within the city. City Attorney Miles commented that the Data Practices Act demands that personnel matters be determined in private. The City Administrator was hired to decide the best and most efficient organizational development for the City and then City Council must decide to agree with that or not. City Administrator Burt commented that he truly did not believe the parks services would be jeopardized at all. The City will be looking for the support of the Parks and Recreation Committee and the residents to let staff know immediately if something needs attention. There k very good volunteerism in parks and recreation and many good programs. The City appreciates these and hopes they continue. MOTION by McMenomy to approve the organizational structure and authorize the City Administrator to implement the plan, including severance pay and outplacement for the effected employee. Second by Anderson. Ayes: Anderson, McMenomy, Busho. Nays: None. Councilmember Anderson stated the Council has looked for structured improvements to the city organization. Each person interviewed for the City Administrator position was asked what change they would make with the structure of the departments and everyone said there were two department heads for one department in the parks and community center. The goal here is for the common good of the residents of Rosemount. Councilmember Busho supported the City Administrator's recommendation for staffing. The City does rely on the commissions for input and Council looks for the betterment of the City. The priorities of City Council are to better city services and communication. Mayor McMenomy supported the City Administrator's recommendation. A streamlining effect was needed for the organization. He believes it is a sound management decision. MOTION by McMenomy to adjourn. Second by Busho. Ayes: McMenomy, Busho, Anderson. Nays: None. The meeting was adjourned at 9:15 p.m. 6 1 1 1 ATTEST: Thomas D. Bu City Administrator The City Council Agenda Packet is Clerk's File 1994 -16. 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 1994 Respectfully submitted, Linda Jentink Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 10, 1994 Pursuant to due call and notice thereof a special emergency meeting of the Rosemount City Council was duly held on Friday, June 10, 1994 at 3:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Acting Mayor Wippennann called the meeting to order with Councilmembers Anderson, Staats and Busho present and City Administrator Tom Burt. Acting Mayor Wippermann lead the group in the Pledge of Allegiance. The purpose of the meeting was to complete items from the regular meeting of June 7, 1994 which the Council was unable to proceed with because a 4/5 vote was necessary. City Administrator Burt reviewed the bids received for City Project 245, 145th Street Reconstniction. The low bid was from B.H. Heselton in the amount of $647,006.00 which was lower than the estimate. MOTION by Wippermann to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT FOR 145TH STREET RECONSTRUCTION, CITY PROJECT 245, S.A.P. 208 103 -08. Second by Staats. Ayes: Wippennann, Staats, Busho, Anderson. Nays: None. City Administrator Burt reviewed the petition from Independent School District 196 for public improvements, to control the water elevation of Schwarz Pond. The school has plans for an auditorium addition to the Rosemount High School and the pond level does periodically flood near this area. This project will become a City initiated project and will require a 4/5 vote at each step of the Chapter 429 Improvement process. MOTION by Wippermann to adopt A RESOLUTION RECEIVING THE PETITION AND ORDERING THE FEASIBILITY REPORT FOR SCHWARZ POND DRAINAGE IMPROVEMENTS, CITY PROJECT 259. Second by Staats. Ayes: Staats, Busho, Anderson, Wippennann. Nays: None. City Administrator Burt asked the City Council to consider a ordinance that pledges the City's full faith and credit to the Port Authority's bond issue for the improvements in the Rosemount Business Park. This allows the debt issued by the Port Authority to have the "General Obligation" prefix added to their bonds. MOTION by Anderson to adopt AN ORDINANCE AUTHORIZING THE ROSEMOUNT PORT AUTHORITY TO PLEDGE TIIE FULL FAITH AND CREDIT OF THE CITY TO GENERAL OBLIGATION BONDS. Second by Busho. Ayes: Busho, Anderson, Wippennann, Staats. Nays: None. City Administrator Burt explained the Port Authority has made a petition to construct improvements in the first phase of the Rosemount Business Park. MOTION by Busho to adopt A RESOLUTION RECEIVING THE PETITION FOR THE ROSEMOUNT BUSINESS PARK PHASE 1 IMPROVEMENTS, CITY PROJECT 256. Second by Wippermann. Ayes: Anderson, Wippermann, Staats, Busho. Nays: None. 1 1 MOTION by Busho to adjourn the meeting. Second by Staats. Ayes: Wippermann, Staats, Busho, Anderson. Nays: None. The meeting was adjourned at 3:45 p.tn. ATTEST: Thomas D. Burt City Administrator Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -17. 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 10, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 21, 1994 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 Wippermann. Staats, and Busho present. Councilmember Anderson was out of town. Staff present included: City Attorney Miles, City Administrator Burt, City Engineer Osmundson. Assistant Planner Pearson, Police Chief Knutsen, and Finance Director May. Mayor McMenomy lead the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 1994 Splattball Inc. requested to be put on the agenda for a discussion. Mayor McMenomy placed this prior to the public hearings if possible, later if not. CMC Heartland Developers presented Council with a set of the Eastbridge Master Plan neaps. MOTION by McMenomy to have City Council proceed with the Closed Session regarding McDonough litigation. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Wippennann. Nays: None. The City Council retired to the Council Lounge at 7:33 p.m. for the Closed Session and reconvened at 8:00 p.m. to continue the Regular City Council meeting. MOTION by Wippermann to approve the Consent Agenda. Second by Staats. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. Mayor McMenomy noted the procedure used for public hearings. The Mayor opened the Public Hearing for the Eastbridge Planned Unit Development (PUD), Preliminary Plat and Rezoning. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Assistant Planner Pearson gave an overview of CMC Heartland Partners request for a residential development with 192 family Tots between County Road 42 and 145th Street West along Biscayne Ave. The Planning Commission approved the Concept PUD on April 26. 1994, then at the May 24, 1994 meeting the Preliminary Plat and rezoning were discussed. The Planning Commission recommended setting out conditions for Final Plat approval. The conditions agreed on by City Council were as follows: 1) modification of the phasing plan to include direct access to Biscayne Avenue or 145th Street West in the first phase; 2) provision of sidewalks and trails as specified by the Parks and Recreation Committee with grading and seeding of the park at the time of initiation of the third phase with park dedication fees to be paid for each phase at the time of final plat approval; 3) evidence of Developer ownership of the land included in the preliminary plat; 4) execution of an agreement with the CP Rail (Soo Line) providing for the relocation of the railroad spur; 5) screening of all residential areas from highways and railroad lines subject to City staff approval of planting strips that effectively screen the view and reduce noise levels; 6) proposed densities for the cluster housing and conceptual street accesses; 1 1 1 ROSEMOUNT CITY PROCEEDLNGS REGULAR MEETING JUNE 21, 1994 7) grading and utility plans and specifications approved by the city engineer; and 8) execution of the Eastbridge Planned Unit Development and Master Subdivision Agreement. 9) outlot maintenance shall be the responsibility of the developer and will not be provided for by the City; and 10) elimination of all references to variances for garage side yard setbacks and comer lot street side yard setbacks. Reid Hansen, Attorney for CMC Heartland, reviewed the development of Eastbridge. Dakota County had initiated a request for a east to west through street for the development. CMC felt that this would change the nature of the development immensely. The plat has curved residential streets which discourage speeders and through traffic keeping it a safe and quiet place appealing to home market sales. City staff felt that an east -west through street was necessary to serve the commercial area, to ease future traffic problems, and to provide an alternate route to CSAH 42, a principle arterial highway, for access to the commercial area. The City Council asked many questions of the developer and city staff for clarification. Mayor McMenomy opened the Public Hearing for continents from the audience. The following people noted concerns: Dan Blonker for Grief Brothers, Paul Rolsta (Biscayne Way), Renee Stevenson (Cameo Ave), and Donna McDonough (Lower 147 Street). MOTION by McMenomy to close the Public Hearing for Eastbridge Planned Unit Development, Preliminary Plat, and Rezoning. Second by Wippermann. Ayes: Busho, Wippennann, McMenomy, Staats. Nays: None. Wayne Delfino, Vice- President of CMC Heartland Partners commented on the street alignment and access into the development from County Road 42. The blanket variance is to allow three car garages but does maintain a minimum of fifteen feet between homes. The commercial center is expected to service the people living on the east side of Highway 3, so access from the west would not be of major concern. Councihnember Busho noted that she liked the curved streets but, the outlots and the five foot blanket variance she saw as future problems. Councilmember Staats agreed the curved streets would be fine and that through streets are generally the ones that become problems. Councilmember Wippermann was concerned with outlot maintenance, timing of the park development, noise problems from Grief Brothers and the railroad, and the blanket variances on lots. MOTION by Busho to adopt A RESOLUTION GIVING APPROVAL OF THE EASTBRIDGE PLANNED UNIT DEVELOPMENT (PUD) AND PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL with the additions of two conditions, providing for outlot maintenance and removing the 2 ROSEMOUNI' CITY PROCEEDINGS REGULAR MEETING JUNE 21, 1994 blanket variance and removing the provision of an east -west through street access connecting Biscayne Avenue to commercial and cluster housing land uses. Second by McMenomy. Ayes: Wippenmann, McMenomy, Staats. Busho. Nays: None. MOTION by McMenomy to table action on the rezoning request for the Eastbridge subdivision until final plat approval. Second by Busho. Ayes: McMenomy, Staats, Busho, Wippennann. Nays: None. Mayor McMenomy called for a five minute break at 9:35 p.m. Mayor McMenomy opened the Public Hearing for the Rosemount Business Park Rezoning. The recording secretary noted that the Affidavits of Published and Posted Notice were on fde. Assistant Planner Pearson reviewed the rezoning from AG Agriculture to BP -2 Business Park for a lot in the Rosemount Business Park. The company interested in this lot has withdrawn their request. The Port Authority would like to combine several lots to increase the size for maximum usage. Staff recommends to continue the Public Hearing. MOTION by McMenomy to continue the Public Hearing action on the Rosemount Business Park rezoning contingent upon notifying newly affected property owners and allowing the plat to go back to the Planning Commission to redesign this lot for maximum usage. Second by Busho. Ayes: Staats, Busho, Wippemtann, McMenomy. Nays: None. City Engineer Osmundson updated City Council on the White Lake Acres ponding issues. Staff suggested obtaining easements for the ponding rights if the drainage is diverted from lower White Lake. City Attorney Miles advised that the obligations of the city be researched and Council asked for cost estimates and then this would be addressed again in July or August. MOTION by Busho to table the approval of the final plat for Lot 1, Block 2, Rosemount Business Park. Second by McMenomy. Ayes: Busho, Wippennann, McMenomy, Staats. Nays: None. Finance Director May presented an amendment to the Purchasing Policy. This would update the policy which establishes specific guidelines for the purchase of goods and services by employees of the City of Rosemount. This will help the City operate more efficiently and gives Council assurances that all legal and control measures are being taken into account. MOTION by Wippermann to approve the amended Purchasing Policy F -1. Second by Staats. Ayes: Wippennann, McMenomy, Staats, Busho. Nays: None. Police Chief Knutsen received the bids for towing and impounding of vehicles on June 6. 1994. Suburban Towing was awarded the low bid. Suburban Towing however was unable to provide the impoundment services as specified so the contract was then awarded to Magnum Towing Service. It is a two year contract. 1 1 1 MOTION by Wippenmann to receive the bids and award the Towing and Impounding of Motor Vehicles Contract to Magnum Towing Service. Second by Busho. Ayes: McMenomy, Staats, Busho, Wippennann. Nays: None. Cathy Busho, on behalf of the Leprechaun Days Committee, invited the Mayor to participate in the Leprechaun Days Parade. MOTION by Busho to adjourn the meeting. Second by Wippermann. The meeting was adjourned at 10:35 p.tn. ATTEST: Thomas D. Burt City Administrator divn Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -18. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 1994 Respectfully submitted, Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 5, 1994 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 Anderson, Wippermann, Staats, and Busho present. Also present were City Attorney Miles, City Administrator Burt, Public Works Director /City Engineer Osmundson, Community Development Director Wasmund, Assistant Planner Pearson, Parks and Recreation Director Topitzhofer, Finance Director May, and Financial Consultant O'Neill. Mayor McMenomy lead the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1994 Changes to the Agenda included pulling Item 10.a. Receiving a Petition from CMC Heartland Developers; moving Item 4.11. Employee Fitness Program from the Consent Agenda to Old Business for discussion; and adding a Closed Session for discussion of the McDonough Litigation. MOTION by McMenomy to approve the Consent Agenda. Second by Wippermann. Ayes: Staats, Busho, Anderson, Wippennann, McMenomy. Nays: None. Finance Director May presented the need for General Obligation Improvements Bonds for several street and utility improvement projects. Mr. O'Neill from Springsted, Inc. reviewed the interest rates of the bidders and the awards made. MOTION by Wippermann to adopt A RESOLUTION ACCEPTING THE OFFER ON THE SALE OF $1,605,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994A AND PROVIDING FOR THEIR ISSUANCE. Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Finance Director May reviewed the city projects for storm water improvements and the need for General Obligation Bonds in the amount of $335.000. Councilmember Staats asked why the core funds were not used and May explained that it makes more financial sense to borrow the money and pay it back on a regular schedule than to deplete the core funds so low. Staats noted that the bond interest rate is higher than what the core funds earn. MOTION by Busho to adopt A RESOLUTION ACCEPTING THE OFFER ON THE SALE OF $335,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1994B AND PROVIDING FOR THEIR ISSUANCE. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: Staats. Finance Director May reviewed the State Aid Street Improvements funding recommended. It is the first time the City has used this financial tool. The City of Rosemount is allowed $384,000 yearly from the State. O'Neill noted that there was only one bidder on the bond which is very common for amounts under one million dollars. MOTION by McMenomy to adopt A RESOLUTION ACCEPTING PROPOSAL ON SALE OF $700,000 GENERAL OBLIGATION STATE AID STREET BONDS, SERIES 1994C, AND PROVIDING FOR THEIR ISSUANCE. Second by Wippemramt. Ayes: 1 1 1 Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1994 Public Works Director Osmundson introduced Brian Bourassa from OSM Engineering who gave an overview of City Project 258, County Road 42 at Chippendale and Canada Road Improvements. This would include the addition of turn lanes, signage, and stripping. Permits are required from Dakota County and easements from near businesses. Some utility relocation will be necessary. This will follow Chapter 429 proceedings requiring a public hearing. Dakota County should fund 55% of the road and 50% of the traffic signal. The financing of this project is yet to be determined, it may be a combination of assessments to property owners and through the Capitol Improvement Projects. MOTION by McMenomy to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND SET PUBLIC HEARING FOR CSAH 42 AND CANADA AVENUE TURN LANES, CITY PROJECT 258. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Mayor McMenomy noted the procedure used for public hearings. The Mayor opened the Public Hearing for the Zoning Ordinance Text Amendment for Cemeteries. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Assistant Planner Pearson said the Planning Commission recommends adding cemeteries to the Public /Quasi Public Zoning District. Schools and churches are now included in Public /Quasi Public zoning. This request originated with a proposal from the Islamic Community for a cemetery which they have since withdrawn. Staff recommended the text amendment to facilitate future cemetery development proposals. MOTION by Wippermann to close the Public Hearing for the Zoning Ordinance Text Amendment for Cemeteries. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by Anderson to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE THAT ESTABLISHES CONDITIONS FOR CEMETERIES AS A PERMITTED USE IN THE CITY OF ROSEMOUNT. Second by Staats. Ayes: Busho. Anderson, Wippermann, McMenomy, Staats. Nays: None. The Mayor opened the Public Hearing for the Zoning Ordinance Text Amendment for the Sign Ordinance Intermittent Lighting. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Assistant Planner Pearson reviewed the request by Guetschoff Theaters, Inc. for sequential intermittent lighting on the marque signs for the movie theater under construction located between Carrousel Way and Highway 3. Mr. Guetschoff said this design of lighting is art deco commonly associated with theaters from the 1950's. The adjacent property owner, Ron Carlson, said he will be asking for rezoning of his property from residential (R -2) to commercial. One of the conditions stated that, "running and chasing lights shall not extend 1 1 above roof lines." Council consensus was to remove this condition. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1994 MOTION by McMenomy to close the Public Hearing for the Zoning Ordinance Text Amendment for the Sign Ordinance Intermittent Lighting. Second by Busho. Ayes: Anderson. Wippennann, McMenomy, Staats, Busho. Nays: None. MOTION by McMenomy to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE that establishes conditions for the permitting of intermittent lighting on movie marquee signs. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson. Nays: Wippermann. Assistant Planner Pearson presented a plan to build a Kwik Trip Convenience Store and gasoline filling station. Mr. Scott Teigen, director of Real Estate for Convenience Store Investments (CSI), is requesting a Planned Unit Development (PUD). The PUD is located on combined parcels from the fonner Strese Oil and Ice Company site and railroad right -of- way. The Planning Commission recommended approval at their June 14, 1994 regular meeting. Mr. Teigens stated that the design is "state of the art" for safety and containment. Council agreed it would enhance the location and tie into the Downtown Scoping Plan. MOTION by McMenomy to close the Public Hearing for Kwik Trip final Planned Unit Development Preliminary Plat and Rezoning. Second by Wippennann. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by Wippermann to adopt A RESOLUTION GIVING APPROVAL TO THE KWIK TRIP COMMERCIAL PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL. Second by Staats. Ayes: Staats, Busho, Anderson, Wippennann, McMenomy. Nays: None. MOTION by Wippermann to table action on the Rezoning Petition submitted by Kwik Trip pending final plat approval. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. The Mayor opened the Public Hearing for the Rosemount Business Park Rezoning which was continued from June 21, 1994. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Assistant Planner Pearson noted that the Planning Commission had reviewed the enlarged lot for the Rosemount Business Park rezoning and recommends its approval. The public hearing notice mailing list had been examined and it has been determined that the original mailing list encompassed a sufficient radius to lawfully include the larger 15 acre lot as well as the original 8 acre lot. MOTION by Busho to close the Public Hearing for the Rosemount Business Park Rezoning. 3 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MIEETING JULY 5, 1994 Second by Wippermann. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by Anderson to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE providing for the rezoning of Lot 1. Block 2, Rosemount Business Park from (AG) Agriculture to (BP -2) Business Park. Second by Busho. Ayes: Wippennann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by Busho to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR LOT 1, BLOCK 2, ROSEMOUNT BUSINESS PARK. Second by Anderson. Ayes: Staats, Busho, Anderson, Wippermann. Nays: McMenomy. McMenomy noted that he felt there should be a tenant for the Rosemount Business Park before proceeding. Councilmember Staats commented on the Employee Fitness Program which allowed city employees to use with the fitness equipment in the Community Center. Staats felt this benefit could be considered with contract negotiations. Councilmember Wippennann agreed. Mayor McMenomy noted that if there was only a small amount of revenue anticipated for the fitness room, maybe it should be free to all residents. Councihnember Anderson said that if there is only a nominal cost or no cost it would be a great way to let the employees know that they are valued. It benefits the City with less absenteeism and better health. Insurance coverage should be checked. Councilmember Busho requested that this issue be discussed at the Goal Setting Session this weekend. Community Center Manager Topitzhofer said that the Community Center Commission was in favor of this program and that there would be no direct expenses to the City. The eligible employees would include full -time employees, regular part-tine employees who work 20 hours a week, volunteer firefighters, police reserve officers, and temporary/seasonal employees could participate on the days they work. City Administrator Burt said that the equipment was originally part of the police department until office space became a premium and the equipment was stored. Topitzhofer noted that the staff for Parks and Recreation and the Community Center would like to be part of the city staff "team" and this would help establish this. Donna McDonough, 3215 Lower 147th Street West, said the residents would be outraged by this employee benefit. Insurance coverage is an issue and the wear and tear on the equipment is not justified. MOTION by Busho to adopt the City of Rosemount Fitness Program contingent upon Insurance /Worker's Compensation coverage liability. Second by Anderson. Ayes: Busho, Anderson. Nays: Staats, Wippermann, McMenomy. Public Works Director Osmundson asked to proceed with the hiring process of a Civil 4 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1994 Engineer to help with the day -to -day operations. Presently there are 30 projects which are in different phases of design or construction and many storm water issues. The Utilities Commission authorized this position in February. Administrator Burt noted that there is much more development in Rosemount than most cities and this position will just help to keep up. Councilmember Staats confirmed with Finance Director May that this position will not effect general taxes. MOTION by McMenomy to approve the job description and authorize the posting and advertisement for the civil engineer position. Second by Busho. Ayes: Busho, Anderson, Wippenmann, McMenomy. Nays: Staats. Community Development Director Wasmund reviewed the request for hiring a Planner. This person would work on day -to -day developments, ordinance revisions and adoptions, zoning ordinance revisions, sub division ordinance issues. long range plans, Downtown Scoping recommendations, and formulate a vision for the City. MOTION by McMenomy to authorize commencement of the hiring process for the Planner position. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: Staats. Community Development Director Wasmund reviewed Phase 1 of preparation for live cable casting of all public meetings. It consists of a video camera focused on the presentation material at a new lectern, three video monitors to provide viewing to the audience and council; and upgraded audio equipment for better sound broadcasting. The company hired for this enhancement is Acoustic Communications Systems, Inc. which is the same company as did the audio visual work at the new Armory and Community Center. The Rosemount Area Jaycees have provided over half the funding for this upgrade and the other portion is budgeted for. A channel will be provided by Marco /Star Cabtevision, but not for another year. MOTION by Busho to authorize the purchase of audio visual equipment as quoted June 17, 1994 by Acoustic Communication Systems, Inc. in the amount of $24.430 with money for the acquisition coming from the Donation Account in the amount of $15,000 and the balance made up from CIP Account No. 202 49002 -01 -560. Second by Staats. Ayes: Wippennann, McMenomy, Staats, Busho, Anderson. Nays: None. City Administrator Burt noted that a special meeting is needed for interviewing of legal fins for the City contract. There are six fines to interview at 35 minutes each. City Council consensus for the meeting was for Wednesday, July 13. 1994. MOTION by Wippennann to set a Special Council Meeting for Wednesday, July 13, 1994, beginning at 5:30 p.m. for the purpose of interviewing candidates for legal counsel for the City. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippennann. Nays: None. City Administrator Burt was asked to have a Councilmember become a member of the Health 1 1 1 ROSEMOUNT CITY PROCEEDLNGS REGULAR MEETING JULY 5, 1994 Risk Task Force with Koch Refining and the Minnesota Pollution Control Agency. The first meeting is July 19. 1994, at the Western Service Center in Apple Valley. Mayor McMenomy volunteered and Councilmember Staats will be his alternate. MOTION by Anderson to appoint Mayor E.B. McMenomy to represent the City of Rosemount on the Minnesota Pollution Control Agency /Koch Refining Task Force. Second by Busho. Ayes: Staats, Busho, Anderson, Wippermann. Nays: None. Abstain: McMenomy. MOTION by McMenomy to retire to a Closed Session regarding the McDonough Litigation. Second by Wippermann. Ayes: Busho, Anderson, Wippennann. McMenomy, Staats. Nays: None. Councilmembers returned to the regular meeting at 9:50 p.m. Councilmember Busho announced a convertible will be in the parade for Leprechaun Days for the Council to ride in MOTION by Busho to adjourn the meeting. Second by Staats. The meeting was adjourned at 9:55 p.m. ATTEST: Thomas D. Burt City Administrator Respectfully submitted, The City Council Agenda Packet is Clerk's File 1994 -20. Linda Jentink Recording Secretary 6 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 8 -9, 1994 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Friday, July 8, 1994 beginning at 5:00 p.m. and continuing to July 9. 1994 beginning at 7:30 a.m. in the Rosemount Community Center, 13885 South Robert Trail, Rosemount, Minnesota. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Wippemtann, Staats. and Busho present and City Administrator Toni Burt. The facilitator of the meeting was Jim Brimeyer from the firm The Brimeyer Group, Inc., One Tenth Avenue South, Hopkins, Minnesota 55343. On July 9, 1994 at 7:30 a.nt. the department heads also attended. This included Jeff May, Ron Wasmund, Bud Osmundson. Scott Aker, Lyle Knutsen, and Jim Topitzhofer. The purpose of the meeting was to assist the City Council, City Administrator, and city staff in team building and strategic planning for the City of Rosemount. Jim Brimeyer lead discussion on expectations, strengths and weaknesses, issues, visions and roles and responsibilities. MOTION by McMenomy to adjourn the meeting. Second by Busho. Ayes: Wippermann, McMenomy. Staats, Busho, Anderson. Nays: None. The meeting was adjourned at 4:00 p.m. ATTEST: E.B. McMenomy Mayor Respectfully submitted, Thomas D. Burt City Administrator The City Council Agenda Packet is Clerk's File 1994 -21. Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Wednesday, July 13, 1994 beginning at 5:30 p.m. in the Rosemount City Hall Chambers, 2875 145th Street West, Rosemount, Minnesota. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Wippemmann, Staats, and Busho present. The purpose of the special meeting is to interview legal firms which submitted a Request For Proposal to the City of Rosemount for general legal, special legal. and prosecution. City Administrator Tom Burt explained the procedure to be used with standard questions and points given for the answers. The firms interviewed included Hohnes and Graven; Grannis, Grannis, Hauge, Eide, Anderson and Keller. Severson, Wilcox Sheldon; Larkin. Hoffman, Daly Lindgren: and Fluegel, Moynihan Miles. Briggs and Morgan had a Request for Proposal hut submitted written withdrawal of such July 12, 1994. A memo with signatures was received from the Police Department in support of Shawn Moynihan of the firm Fluegel, Moynihan Miles for prosecution services. The interviews were conducted. City Council consensus was to appoint a legal fmmm(s) for the City of Rosemount at the next regular City Council meeting. MOTION by McMenomy to adjourn the meeting. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson. Wippennann. Nays: None. The meeting was adjourned at 9:00 p.m. ATTEST: E.B. McMenomy Mayor ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 13, 1994 Respectfully submitted, Thomas D. Burt City Administrator The City Council Agenda Packet is Clerk's File 1994 -22. Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 19, 1994 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 Anderson, Wippermann, Staats, and Busho present. Also present were City Attorney Miles, City Administrator Burt, Public Works Director /City Engineer Osmundson. Community Development Director Wasmund, Assistant Planner Pearson, and Parks and Recreation Director Topitzhofer. Mayor McMenomy lead the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1994 Changes to the Agenda included adding Item 81 Appointment of Legal Firm; 3.h. Closed Session regarding McDonough Litigation; Item 3.c Set Special Meeting regarding Personnel Issue; Item 3.d. Greif Brothers Concerns for CMC Development. Item 4.i. Armory/Conumimity Center Construction Pay Request #16 was pulled from the Consent Agenda for discussion under Item 8.g. Mayor McMenomy read a Proclamation for the 30th Anniversary of Navy Base BRAVO, the Naval Satellite Operations Center, declaring the week of July 25, 1994 to celebrate. Lieutenant Tony Oberto received the proclamation with great pleasure for all the men and women who have served at Detachment BRAVO. MOTION by McMenomy to retire for a Closed Session regarding the McDonough Litigation. Second by Busho. Ayes: McMenomy, Staats, Busho. Anderson, Wippermann. Nays: None. The regular City Council meeting was resumed at 7:45 p.m. and called to order by Mayor McMenomy. Consideration was given for a date for a Special Council meeting regarding a personal issue. David Bechtold, former Parks and Recreation Director, has filed a grievance against the City for his layoff. The first date available for all councilmembers was August 1, 1994 at 6:00 P. m. MOTION by McMenomy to set a special meeting to discuss a personnel issue on August 1, 1994, at 6:00 p.m. Second by Wippennann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Richard Stodard, who is employed at Greif Brothers spoke against the residential land development of property adjoining the industrial company. Stodard spoke of truck and train deliveries constantly made during day and night hours. Much of the machinery is noisy with safety bells and horns when backing up. The doors are normally left open in the summer months which makes the noise travel even more. Greif Brothers now has 106 employees with plans to expand and a promise of more jobs and job security for those now employed there. Stodard asked City Council to consider very seriously the number of complaints that will come from placing residential so close to industrial. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1994 Community Development Director Wasmund gave an update of the development plans with CMC Heartland, Inc. which includes relocation of the railroad spur behind Greif Brothers. Mayor McMenomy thanked Mr. Stodard for his input and said that City Council will work with both CMC Heartland, Inc. and Greif Brothers for the betterment of the downtown area. Mark Mooney, Plant Manager of Greif Brothers, believes this development is a threat for Greif Brothers expansion plans. Mayor McMenomy noted the Council would work for compromise. MOTION by Wippennann to approve the Consent Agenda with the removal of Item (4.i.) Armory Community Center Construction Pay Request 16. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy noted the procedure used for public hearings. The Mayor opened the Public Hearing for the Mineral Extraction Permit for Solberg Aggregate. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Assistant Planner Pearson gave an overview for Solberg Aggregate who requested the mineral extraction for moving 20,000 cubic yards of sand material for the 145th Street Reconstruction project. The conditions will require restoration of the land with a security retainer and will be for one operating season contiguous with the 145th Street reconstruction. This land is zoned General Industrial which includes mining extraction permits. A letter was submitted by Ray Ostertag, 4230 145th Street East, stating he had no objections to the removal of aggregate material from the site. Ostertag complemented the new building and landscaping on the site. Loran Howard, Solberg Aggregate, spoke in favor of the mineral extraction permit. The Contractor for the City's 145th Street Project, B.H. Hazelton. would be using the aggregate on the 145th Street reconstruction and would haul about eleven truck loads a day for three to four weeks. Marlin Rechtzigel, 14727 Clayton Avenue East, spoke against the mining of the Solberg Aggregate site. Rechtzigel agreed the building and site look attractive, but the large crater formed by the aggregate extraction will he an eye sore for all those traveling along County Road 42. In 1991 the City Council then said there would not be any mining allowed on this site, it would be mostly a vehicle storage and repair garage for Solberg Aggregate. Rechzigel has property for sale on three sides of Solberg. Some inquiries have been from a motel company and a campground. These companies would not like to be next to a gravel pit. The company excavated a small amount for the building site under temporary permit and was to restore that land and did not. Brian Engelbritson, of Hampton, spoke against the business practices of Solberg Aggregate. Engelbritson told how he had been refused a load and told to "get out of here after spending over $1200 for his driveway. Engelbritson stated this is not the kind of company you want in Rosemount. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1994 Myron Napper. 3381 145th Street East, spoke in favor of the Solberg Mineral Extraction Permit. Napper siad the highway department has plans for a service lane in the future which will change that corner regardless. Rolly Sack, 3155 145th Street East, said his house overlooks Solberg Aggregate. He feels the building has increased the property value and is in favor of the Mineral Extraction Permit. Ray Rahn, Rich Valley Golf Club, 3855 145th Street East, noted that after this years excavation with the land restored this will be an improvement. MOTION by McMenomy to close the Public Hearing for the Solberg Aggregate 1994 Mineral Extraction Pennit. Second by Wippennann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. City Council held discussion and reviewed several items including the elevation. the low point being 876 feet, the mining hours which will be 7:00 a.m. to 8:00 p.m. and that there would not be any processing or mixing on the Solberg site. MOTION by McMenomy to approve the 1994 Mineral Extraction Permit as submitted by Solberg Aggregate Co. Inc. subject to a signed agreement stating the conditions for approval of the permit. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. The Mayor opened the Public Hearing for the CSAH 42 Turn Lanes, City Project 258. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Public Works Director /City Engineer Osmundson reviewed the layout for the turn lanes for City Project 258. The turn lanes would be on CSAH 42 and Chippendale Avenue and Canada Avenue. There will be "no parking" signs placed on Canada Ave near 151st Street and four -way stop signs at 151st Street and Chippendale. The total cost is approximately $119,000. The City cost is about $65,800 and the remaining is Dakota County's responsibility. These cost are not budgeted for and if it were put into the 1995 CIP Budget the delay would cause safety problems in this growing area. An Assessment Hearing would be called next spring with payments due most probably in 1996. The City Council can modify assessments or they can be appealed by the property owners. Bob Getchoff, GTI Theaters, spoke against the assessment believing it would not add value to the property. The new theater will be paying taxes of about $50,000 a year which Getchoff felt should cover any road improvements. City Administrator Burt noted that the project is a State 429 Project which is a debt that can only be issued to assessed projects. This means there would not be any money available if it is not assessed. 3 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1994 MOTION by McMenomy to close the Public Hearing for CSAH 42 "Turn Lanes, City Project 258. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Councilmember Wippermann discussed the costs and that with the information that is obtained with the plans and specifications the financing can be examined more closely. Osmundson discussed the scheduling which should allow for the bid letting August 25, 1994. If a decision is made to delay the project. it could begin the process again in January or February next year. MOTION by McMenomy to adopt A RESOLUTION TO APPROVE THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE PROJECT, CSAH 42 AND CANADA AVENUE TURN LANES, CITY PROJECT 258. Second by Anderson. Ayes: Busho, Anderson, Wippennann, McMenomy, Staats. Nays: None. Mayor McMenomy stated that there is a safety issue here and the turn lanes would encourage better and safer traffic flow. There is a question as to whether the properties are benefiting from City Project 258 and this will be discussed when more information is available. Public Works Director /City Engineer Osmundson reviewed the Biscayne Avenue Improvements, City Project 249. This includes Biscayne from CSAH 42 north to approximately 500 feet north of the railroad crossing. On the north end the National Guard plans a military vehicle repair facility and on the south end CMC Heartland. Inc. plans a residential development. This project can be done in phases. It will include street, water, sanitary sewer and stonn drain improvements. Staff recommends setting the Public Hearing for August 2, 1994. MOTION by Wippermann to adopt A RESOLUTION RECEIVING FEASIBILITY REPORT /SETTING PUBLIC HEARING, BISCAYNE AVENUE IMPROVEMENTS, CITY PROJECT 249. Second by Busho. Ayes: Anderson, Wippermann. McMenomy Staats, Busho. Nays: None. Public Works Director /City Engineer Osmundson reviewed Independent School District 196 request for a storm water outlet for Schwarz Pond due to an addition to die Rosemount High School and previous problems experienced at the High School. Brian Bourassa, OSM Engineering, demonstrated how the flow of the water outlet would go through three ponds; Schwarz, Armory site. and Erickson Park pond. There is already a pipe under Highway 3 designated for this purpose. Easements will be required from the High School and property east of TH 3. MOTION by Busho to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT /SET PUBLIC HEARING FOR SCHWARZ POND STORM DRAIN OUTLET I1IPROVEMENTS, CITY PROJECT 259. Second by Staats. Ayes: Wippennann, McMenomy, Staats, Busho, Anderson. Nays: None. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1994 Councilmember Wippermann noted that there is no outlet for Erickson Pond now. Engineer Bourassa felt there is a good comfort level that Erickson Pond will handle any 100 year storm rainfall, but that it would be wise to plan in the future for an outlet for Erickson Pond. Community Development Director Wasmund noted that at the Goal Setting Session July 8 -9, 1994 the City Council made the downtown development the number one priority. It is planned to reconvene the Downtown Scoping Committee by inviting the past members and advertising in the local papers for additional interested persons. This committee will review marketing plans, explore financing available. find a theme or market "niche and then develop the frame work to move ahead. MOTION by Wippermann to begin the formalization of a downtown development plan through review of a task force with the council and all commissions by the scoping committee and exploration of financing alternatives. Second by Busho. Ayes: McMenomy, Staats. Busho, Anderson, Wippemiann. Nays: None. Public Works Director /City Engineer Osmundson had been made aware by Dakota County of a tax forfeiture property on the southwest comer of Shannon Parkway and McAndrews Road. The neighboring lots have had overflow of the their small ponds. Osmundson proposed demolition of the existing buildings, expanding the ponding area, and then reselling the lot as single family housing. MOTION by Wippennann to direct staff to acquire the property described as Section 18 TWN 115 RANGE 19 N 521.8 FT of W 208.7 FT of E 1/2 of SE 1/4, PIN 34- 01810 -010- 81, through tax forfeiture. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Public Works Director /City Engineer Osmundson lead a discussion on Birger Pond. Birger Pond is a DNR protected water body located immediately north of 135th Street and east of Diamond Path. A portion of the pond is within the City of Apple Valley with the majority of it being within the City of Rosemount. The property to the north is owned by the Kelly Trust and the City of Rosemount owns 12 acres on the south. There is no outlet for the storm water drainage much of which comes from the easterly residential developments. Residents around the pond have voiced a concern about possible contamination of a well that has been covered with the rising water. The water elevation today is 898 feet. Staff plans to pump down the water, cap the well. remove as much debris as possible, and consider installation of an outlet to maintain safe water level. Marvin Skinner, 4455 Upper 135th Street, said he has canoed around the pond. There has been loss of trees around the pond. Skinner is concerned that his own well may become contaminated if there is leakage from the well in the pond. Cliff Carlson, 13540 Diamond Path, has lived on the south side of Birger Pond since 1956. Carlson stated that in the last two years the water is up six feet. The abandoned house has water up two feet in the livingroom. The barnyard has manure piles underwater which could add to the pollution. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1994 Osmundson noted that a right -of -entry has to be obtained from the Kelly Trust and staff should be able to proceed in two weeks. Public Works Director /City Engineer Osmundson presented a Dakota County Capital Improvement Program (CIP) for 1994 1998. At this time the county allows cities input to the projects that may affect them including highway, bikeway, parks, and building improvements. MOTION by Wippermann to authorize staff to send a letter to Dakota County stating the City of Rosemount's position on the improvements listed in the memo of July 14, 1994 by Public Works Director /City Engineer Osmundson. Second by Busho. Ayes: Busho, Anderson, Wippennann, McMenomy, Staats. Nays: None. Community Development Director Wasmund presented a draft of a graffiti ordinance after researching other communities. Rosemount is a pioneer in this issue, noting that only St. Paul, Minneapolis, and Rochester have a graffiti ordinance in place and they have found them not to he very effective. Area cities have indicated their interest in reviewing our ordinance upon its completion. Further examination will be done. Mayor McMenomy stepped down for the next item on the agenda. Acting Mayor Wippermann conducted the meeting. City Attorney Mike Miles introduced an assessment appeal, of which E.B. McMenomy, Lotus Geronomie, and Thomas Geronomie are a party of, for City Project 191, Chippendale Avenue Improvements. Attorney McCann represented the parties for the assessment appeal of City Project 191. McCann noted that there was an issue of compensation of easement yet unresolved. McCann said this was an inverse condemnation in which no appraisal was done. MOTION by Wippennann to go to a closed session regarding the Assessment Appeal for City Project 191, Chippendale Avenue. Second by Busho. Ayes: Anderson, Wippennann, Staats, Busho. Nays: None. The meeting was reconvened at 11:30 p.m. by Acting Mayor Wippennann. Mayor McMenomy took his seat and continued with the next item. City Administrator Burt reported that after careful consideration and interviews with five legal firsts the City Council and City staff recommend Holmes Graven to represent the City of Rosemount for Municipal Legal Services including the Port Authority meetings and for special projects. Burt has met with Attorney Charles LeFevere, of Holmes Graven, Chartered, and discussed basic legal services. These legal services will begin August I, 1994. 1 1 1 MOTION by Busho to approve the legal firm of Holmes Graven Chartered. 470 Pillsbury Center, Minneapolis, Minnesota for the Municipal Legal Services for the City of Rosemount. Second by McMenomy. Ayes: Staats, Busho. Anderson. Wippermann, McMenomy. Nays: None. Councilmember Wippermann had questions on the Community Center construction payment. Wippermann wanted to insure that any building problems were to be fixed and that a retainer was being held. Parks and Recreation Director Topitzhofer understood his concern and said they are working with PCL Construction. There are Change Orders valued at $46,000 that are not approved. S26.000 is rejected and will not have to be paid. There are six more scheduled payments left and we are responsible to continue on that payment plan. Staff recommends approval of the pay request. MOTION by Wippermann to approve payment to PCL Construction Service Inc. in the amount of $112,665.95 to be paid out of accounts 426 48000 -01 -521 ($74,359.52). and account 427- 48000 -01 -521 ($38,306.43). Second by Anderson. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Wippermann. The meeting was adjourned at 11:50 p.m. ATTEST: Thomas D. Burt City Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1994 Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -23. 1 1 1 Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 1, 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, August 1, 1994. at 6:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West, Rosemount, Minnesota. Mayor McMenomy called the meeting to order with all councihnembers present. Also in attendance were City Attorney Charlie LeFevere, City Administrator Thomas Burt and Administrative Assistant Susan Walsh. City Attorney Charlie LeFevere advised the purpose of the special council meeting was for former employee David Bechtold to go through the final step of the employee grievance process as a result of Mr. Bechtold being laid off from the city effective June 17. 1994. This step in the grievance process will allow Mr. Bechtold to grieve the layoff decision by the City Council and to present facts to the City Council so the City Council is fully informed on the points being grieved by Mr. Bechtold. Attorney LaFever noted the meeting is not a public hearing and only audience members directly involved will be allowed to participate. The city attorney further noted that the city administrator upheld the layoff decision at the staff level which was a previous step in the employee grievance process. Administrative Assistant Susan Walsh noted for the record the items of information that were provided to the City Council in a confidential packet prior to this meeting. She further presented for the record the personnel file of David Bechtold for review by the City Council if needed. Charles Friedman, Esq., attorney for David Bechtold, informed Council of the witnesses who would address the City Council on behalf of Mr. Bechtold. They included David Bechtold, Tom Newsman, Penny Butler. Jerry Puciaty, Kerry Johnson and Harry Willcox. City Attorney LeFevere and Attorney Friedman discussed the format for the rest of the meeting, and it was agreed that questions could be addressed by the Council to Mr. Bechtold and to Mr. Friedman, for purposes of clarification; and further, that Mr. Friedman and Mr. Bechtold could address questions to the City Council and city staff for clarification purposes. At this point City Attorney LeFevere further advised the City Council that discussions by them in regards to this issue must be made only at an open council meeting, that if a decision cannot be reached by the City Council that they have option of continuing this smatter to a future meeting and one option may be for the City Council to direct the city staff to prepare a findings of fact that is consistent with the discussion held at this meeting. David Bechtold advised the City Council he was present to express his concerns and to request that the City Council change its decision regarding his layoff. Mr. Bechtold informed the City Council of his background which included date and place of birth and where he grew up, military service and honorable discharge in October, 1966, college education and bachelor of science degree received from St. Cloud State in 1973, additional Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 20, 1994 at 7:36 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councihnembers Anderson, Wippennann, Staats, and Busho present. Also present were City Attorney LeFevere, City .Administrator Burt, City Engineer /Public Works Director Osmundson, Community Development Director Wasmund, Fire Chief Aker, Administrative Assistant Susan Walsh, and Parks and Recreation /Community Center Manager Topitzhofer. Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 1994 Additions to the Agenda included adding Consent Item 4. o. Payment #5 and Final, 145th Street Reconstruction, City Project 235; and additions under New Business were Item 6.c High School Location Task Force Update; Item 6.d. Fire Service Task Force Update: Item 6.e. Downtown Scoping Committee Selection Update: Item 6.f. Community Center /Ice Arena News Article; Item 6.g. Declare Cost /Set Assessment Hearing, I45th Street Improvements Shannon Parkway to Chili Avenue and the Realignment of the Chili Chippendale Avenues Intersection with 145th Street, City Project 235; and Item 6.h. Greif Brothers Corporation Tour. Finance Director May introduced Mark Flaten, President of American Risk Services, Inc. who has proposed to provide the City of Rosemount with risk management consultant services for workers compensation insurance and general liability insurance. Flaten described the process to identify what is at risk for the City and then to measure that, and then proceed to reduce or eliminate the risk making the City more cost effective and efficient. Council directed some questions to Flaten. This would include a safety plan with a pro active approach. MOTION by McMenomy to approve the City of Rosemount entering into a one year agreement with American Risk Services, Inc. to provide the City with risk management services. Second by Wippennann. Ayes: McMenomy, Staats, Busho, Anderson, Wippennann. Nays: None. City Engineer /Public Works Director Osmundson reviewed the Carrollton 4th /Wachter 186A Outlet. About a year ago several residents complained of standing water in their backyards and the worry of actual flooding of their basements. Staff proposed a secondary outlet to flow south which required easements to he obtained. The land owners have no interest in cooperating for an easement on undeveloped property so the project has been delayed. Staff will continue to negotiate and Public Works will continue to watch on the existing drainage system. Mayor McMenomy asked for the City Attorney's general opinion on liability. LeFevere noted that the Council by approving a plat does not guarantee that basements will be dry. In this case it looks as though there may be many contributing factors. A thirty foot wide easement is unusual and it appears as though it was designed for ponding water runoff. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 1994 Jackie Hennen, 14894 Colorado Avenue, noted she believed that the new easement required would go to condemnation to force the landowners to comply. Osnnmdson noted that condemnation was not used because the land value is much higher than was expected and undeterminable at this point. If the land easement adds a considerable cost to the project with additional lawyer fees, it may not be feasible to proceed. Ms. Hennen stressed the fnistration her family and those around her face with each heavy rain. Hennen said it's very disturbing and they have not been able to make any improvements such as sod or a swing set to their yard. Osmundson said he would work with the City Attorney to draft a letter to the land owners' partnership to offer mediation in hopes that would speed up the easement negotiation. MOTION by Wippennann to approve the Consent Agenda Second by Anderson. Ayes: Staats. Busho, Anderson. Wippennann, McMenomy. Nays: None. Ron Jacobson, 3647 143rd Street West. fears that nature is being taken out of Carroll's Woods and wishes to stop the development of trails in the woods. Jacobson believes the grant with the state was for passive recreation only. The trails are 8 to 12 feet wide when the recommended width is 6 feet. He stated that the lime rock used on the trails also changes the acidity of the soil which for a certain type of orchid is fatal. Jacobson said the Haunted Woods program in the woods each October 31 has gotten too large and is damaging the woods. He urged Council to halt the trail building and find a better place for the Haunted Woods. Parks Recreation /Community Director Topitzhofer reviewed the trail plan. Topitzhofer noted that the trails are to replace some trails that are under water some of the time and allow an access to the west which will curtail children cutting through yards to enter the woods. Walking on these trails would be considered a passive recreation. Buckthorn removal has been an intense project with some positive results already seen. Naturalist have used the Rosemount Buckthorn Project as an example for many other communities and Rosemount is very proud of their Parks Recreation Committee and community involvement. The trail width recommended now is for 8 feet wide of lime rock so that maintenance vehicles can be used in the buckthorn removal. If the buckthorn was left to grow 011 its own when the large trees die out the seedlings could not survive and there would be no more woods. It is vital that the buckthorn gets under control so this is a primary goal. When this is achieved the trail width will decrease to the goal of six feet wide. Amy LaPree, 14121 Cobbler Avenue, said her backyard is adjacent to Carroll's Woods. With more people using the woods the visibility of the deer and other small wild animals have decreased. LaPree and her family would like to see the woods remain undeveloped. Deanna Simpson, 3534 143rd Street, noted that the mission of the park land is to have people use the park and that trails actually keep people from walking through the woods and destroying plant life. The six foot wide trail is a real goal, but the need to eliminate the buckthorn must come first to preserve the woods. 1 1 1 ROSEMOLNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 1994 Frank Curry, Colorado Avenue, noted that Carroll's Woods should remain a nature preserve. Not too many people use it now, the trail access will encourage more people. The limestone on the trails does not seem necessary. Tom Reller, 15659 Cornell Court North, commented on the trails many of which are made from woodchips which in time spread from 6 to almost 12 feet wide. The lime rock will not spread. The soil is now sandy and the acidity from the lime rock will actually help plant growth in the woods. City Council commended the Parks Recreation Committee and the Carroll's Woods Committee on the great job in management of Carroll's Woods. It is a "jewel" in the Rosemount parks system. The Carroll's Woods Committee meets one hour prior (6:30 p.m.) to the regular Parks Recreation Committee on the third Monday of each month at 7:30 p.m. Interested people are invited to attend. MOTION by Staats to continue construction of the proposed Carrolls Woods' trail. as planned by the Parks Recreation Committee and the Carrolls Woods Sub Committee. Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Administrative Assistant Susan Walsh requested a Special Closed Meeting to discuss a new salary program for City employees. Council consensus was to meet Thursday, October 6, 1994, at 6:00 p.m. MOTION by McMenomy to set a closed City Council meeting for Thursday, October 6, 1994, at 6:00 p.m. at City Hall for the purpose of discussing a new salary program for city employees. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Administrative Assistant Susan Walsh presented a recommended wage increase of 2.5% for the fire department. Fire Chief Aker answered several questions posed by the Council. MOTION by Staats to approve the 1994 wage increases as illustrated in Column C of the spreadsheet reviewed by city staff. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Mayor McMenomy is serving on the High School Location Task Force and reported on the four locations under consideration. Fire Chief Aker gave an update on the Fire Service Task Force and noted that a interim report will be brought to Council next month. City Administrator Burt reported on the Downtown Scoping Committee selection process. A Mission Statement is being formed, and the appointments will be made in October. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR I\IEETING SEPTEMBER 20, 1994 City Administrator Burt responded to a newspaper article in the St. Paul Pioneer Press, September 10. 1994, regarding the 9.5 tax increase for Rosemount and the press that the Rosemount Ice Arena received. Burt reported that a meeting with city staff. Rosemount Area Hockey Association (RAHA), and the Mayor brought out all the positive things that are happening at the ice arena /community center. Other communities view our facility as a model worth visiting and using. Clearly the 9.5 tax increase is not due to only the expense of the ice arena but also the many other projects going on throughout the city. Council consensus was to place an article in our regular monthly Rosemount City Page in the "ThisWeek" newspaper to clarify any issues. Parks Recreation /Community Center Manager Topitzhofer noted that RAHA is the ice arena's hest customer of ice time. RAHA has many volunteers that help with tournaments and benefit the community. City Engineer /Public Works Director Osmundson presented City Project 235, to Declare Cost /Set Assessment Hearing for 145th Street Improvements at Shannon Parkway to Chili Avenue and the Realigmnent of the Chili /Chippendale Avenues Intersection with I45th Street. Osmundson noted that all costs are in and that the assessments are ready A Public Hearing will he set for October 18, 1994. at 8:00 p.m. or as soon thereafter as possible. Residents will have the right to appeal the assessments. MOTION by McMenomy to adopt A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FOR HEARING ON THE PROPOSED ASSESSMENT 145TH STREET IMPROVEMENTS SHANNON PARKWAY TO CHILI AVENUE AND THE REALIGNMENT OF THE CHILI /CHIPPENDALE AVENUES INTERSECTION WITH 145TH STREET, CITY PROJECT 235. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson, Wippennann. Nays: None. Mark Mooney, Greif Brothers Corporation. invited City Council, city staff, and the Planning Commission to tour their industrial plant. City staff and officials can call for an appointment or stop by individually. Council thanked Mr. Mooney and will plan to take a tour. MOTION by McMenomy to adjourn the meeting. Second by Wippermann. The meeting was adjourned at 10:30 p.m. ATTEST: Thomas D. Burt City Administrator Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -32. Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 4, 1994 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 Anderson, Staats, and Busho present. Councibnember Wippermann was absent. Also present were City Attorney LeFevere, City Administrator Burt, Administrative Assistant Walsh, Public Works Director /City Engineer Osmundson, Community Development Director Wasmund, Assistant Planner Pearson, Parks and Recreation Director Topitzhofer, Police Chief Knutsen and Lieutenant Kuhns. Mayor McMenomy lead the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 4, 1994 Additions were made to the Agenda as follows: League of Governments Meeting, Item 8. and Code of Ethics after announcements. Public Works Director Osmundson noted the corrected bid results for use with Item 5.a. Schwarz Pond. City Engineer /Public Works Director Osmundson introduced Doug Litterer, the new Civil Engineer for the city. Doug has started to review constriction projects and will be working on the Storm Water Management Ordinance. City Council welcomed Doug. MOTION by McMenomy to approve the Consent Agenda. Second by Staats. Ayes: Busho, Anderson. McMenomy, Staats. Nays: None. City Engineer /Public Works Director Osmundson reported the bid results for the Schwarz Pond Storm Drain Outlet Improvements, City Project 259. The bid included two smaller projects, Jaycee Park parking lot improvements and the repair of the watermain cross connection to Apple Valley which broke last winter. Apple Valley will split the cost with Rosemount for that repair. The city saved money on these smaller projects by combining them with the larger Schwarz Pond project. The low bidder was Richard Knutson, Inc. (RKI), 12585 Rhode Island Avenue South. Savage, Minnesota. MOTION by Anderson to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT, SCHWARZ POND STORM DRAIN OUTLET AND MISCELLANEOUS IMPROVEMENTS, CITY PROJECT 259. Second by Busho. Ayes: Anderson, McMenomy, Staats, Busho. Nays: None. City Administrator Burt relayed that someone or a group of people had filed a complaint with the State of Minnesota Auditor's Office regarding a possible conflict of interest that Mayor McMenomy with his land appraisal and real estate business in Rosemount. The State responded with a letter but never did contact the city for information or input. The infornation submitted to the State Auditor's Office was lengthy, about 300 pages. City Council requested staff to obtain this information so they can review it and determine how to proceed. City Council noted that the resulting letter in no way incriminated the mayor, in fact it noted that there was insufficient evidence to investigate further and in an article published in the "State Auditor's Report" (a newsletter) it was reported that the letter was meant to be informational not punitive. 1 Community Development Director Wasmund presented a draft of the Housing Maintenance Ordinance for discussion. The two main areas of regulation will be the exterior maintenance of homes and the condition and maintenance of the grounds. Some verbiage may be used regarding "garbage houses" and inside inspections of rental property at the point of sale. These are to deal with health and safety issues. Councilmember Anderson noted that ten days for a response or correction may not be practical in some cases such as fire damage. Council noted the ordinance has a good start and directed staff to continue development of it. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 4, 1994 Mayor McMenomy stated that three residents, Donna McDonough, Renee Stevenson, and Harry Willcox. had contacted the City Administrator insistent upon having the State Auditor's letter addressed at a City Council regular meeting. MOTION by McMenomy to proceed at the City's expense to purchase all the data submitted to the State Auditor's Office concerning a conflict of interest. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. Community Development Director Wasmund also presented a draft of a Pawn Shop Ordinance. By nature these establishments potentially provide the ability to receive and transfer stolen property. This ordinance would provide ways to monitor the operational procedures of a pawn shop by specific reporting to the local police department. The cities of Burnsville and Hastings provided input from their recent experiences with a Pawn Shop Ordinance. The license fees for a pawn shop vary from $150 to $5000 in various cities. Consideration for obtaining a bond may be warranted. The initial investigation and then the ongoing monitoring would be a considerable expense. MOTION by Busho to adopt ORDINANCE NO. XVI.29 AN ORDINANCE REGULATING PAWN SHOPS AND PAWN BROKERS. Second by McMenomy. Ayes: Staats, Busho, Anderson, McMenomy. Nays: None. City Administrator Burt noted that the fees for the Pawn Shop Ordinance will be determined at a future meeting. Community Development Director Wasmund recommended a moratorium for a period not to exceed eighteen months or until a study is completed (which ever is less) on regulation of adult entertainment, uses, and sale of adult materials. This will prevent siting of any adult use establishments within any zoning district of the City of Rosemount for that period. City Attorney LeFevere noted that State Law does at this time regulate obscenity without violating the First Amendment. This can be mirrored in the City Ordinance. Some things cannot be prohibited, but can be limited. The secondary effects caused by exposure to adult material such as an increase in sex crimes are subject to limitations. Further research will be required. MOTION by McMenomy to adopt AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT USE ESTABLISHMENT WITHIN ANY ZONING DISTRICT OF THE CITY OF ROSEMOUNT; AND DIRECTING A STUDY TO BE 1 1 CONTINUED. Second by Busho. Ayes: Busho, Anderson, McMenomy, Staats. Nays: None. Renee Stevenson, 14600 Cameo Avenue, declined to speak at this time to the Code of Ethics which she had requested. Counci member Anderson reminded City Council of the League of Governments meeting on Wednesday, October 12, 8 a.m., at the Rosemount Community Center. The ethics legislation will be discussed. MOTION by McMenomy to enter into a Closed Session to discuss the Public Works Union Contract. Second by Anderson. Ayes: Anderson, McMenomy, Staats, Busho. Nays: None. At this tine, the City Council reconvened to the Regular City Council Meeting. Council acknowledged review of the Uniform Settlement Form. MOTION by Busho to approve the negotiated items for the 1995 1996 Public Works Union Contract and to authorize the Mayor and City Administrator to execute the contract. Second by McMenomy. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Anderson. Ayes: Staats, Busho, Anderson, McMenomy. Nays: None. The meeting was adjourned at 9:20 p.m. ATTEST: Thomas D. uB rt City Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 4, 1994 Respectfully submitted, nteletJ Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -33. 1 1 ATTEST: x: 22 Thomas D. rt, y Administrator ROSEMOUNT CITY PROCEEDINGS CLOSED EXECUTIVE SESSION OCTOBER 4, 1994 Pursuant to due call and notice thereof a closes executive session of the Rosemount City Council was duly held on Tuesday, October 4, 1994, at 8:40 p.m. in the Council Lounge at Rosemount City Hall. Mayor McMenomy called the meeting to order with Councihnembers Anderson, Staats and Busho present. Councilmember Wippermann was absent. Also in attendance were City Administrator Thomas Burt and Administrative Assistant /City Clerk Susan Walsh. City staff reviewed with members of the City Council the negotiated changes to the public works union contract effective January 1, 1995 through December 31, 1996. Following discussion, the City Council reached a consensus to approve the changes as presented by city staff. MOTION by McMenomy to adjourn the closed executive session. SECOND by Staats. Ayes: Anderson, Staats, McMenomy, Busho. Nays: None. Respectfully submitted, M. Vlfalsh, City Clerk 1 1 Pursuant to due call and notice thereof a closed executive session of the Rosemount City Council was held on Thursday, October 6, 1994, at 6:00 p.m., in the Council Lounge at Rosemount City hall. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Staats, and Busho present. Councilmember Wippermann was absent. Staff members in attendance were City Administrator Thomas Burt and Administrative Assistant /City Clerk Susan Walsh. Consultants Cy Smythe and Ann Antonsen of Labor Relations, Inc. discussed with the City Council the results of a recent salary survey of eleven cities and how Rosemount employee salaries compared to the Cities surveyed. Mr. Smythe and Ms. Antonsen also reviewed several pay equity analyses which illustrated the City's current salary ranges with revised and current comparable worth points. The consultants also explained the importance of implementing a salary system using an all jobs analysis rather than going strictly by meeting compliance requirements. Following further discussion, the Council unanimously agreed that staff should proceed with finalizing newly assigned job values by using the Hay job evaluation points and to prepare salary ranges for review by the Council. MOTION by Staats to adjourn. Second by Busho. Ayes: Anderson, McMenomy, Staats, Busho. Nays: None. ATTEST: Thomas D. Burt, City Administrator Respectfully submitted, ROSEMOUNT CITY PROCEEDINGS CLOSED EXECUTIVE SESSION OCTOBER 6, 1994 Susan M. WalCity Clerk Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 18, 1994 at 7:32 p.m. in the Council Chambers at City Hall 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Staats, Busho and Wippermann present. Councilmember Anderson was absent. Also present were City Attorney LeFevere, City Administrator Burt, Community Development Director Wasmund, Assistant Planner Pearson, Parks and Recreation Director Topitzhofer, and Brian Bourassa, OSM and Dave Simons, SEH, engineering consultants. Mayor McMenomy lead the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 1994 The Agenda was amended to include Item 14.d. 145th Street and Canada Avenue 4 -Way Stop and Item 13.a. Erickson Community Square Concept Plan was moved to the Department Heads Reports, Item 3.b. Item 4.c. Minutes of Closed City Council Meeting for McDonough Litigation was pulled on the advise of the City Attorney as client privileged material. Representatives from the Rosemount American Legion Auxiliary attended to hear the proclamation the Mayor made for American Education Week. The week of November 13 to November 19, 1994 has been proclaimed "American Education Week The proclamation encouraged schools, teachers, and citizens to work together to improve and support education at all levels and commit to visiting our local schools. MOTION by McMenomy to approve the Consent Agenda as amended. Second by Wippermann. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None. Parks Recreation and Community Center Director Jim Topitzhofer presented the concept plan for Erickson Community Square. Three years ago the Rosemount Chamber of Commerce with the Erickson Community Square Sub Committee and the Parks and Recreation Committee chose the goal of constructing an amphitheater and shelter for Erickson Park. The facility is planned to accommodate ceremonies, private events, and programmed activities. The amphitheater will seat up to 400. The final development review will go the Planning Commission in spring 1995. The Concept Plan was approved on June 28, 1994 by the Planning Commission. A funding drive has reached $108,000 for the project with a estimated cost of $270,000. This is a volunteer driven project and will be completed in phases. Charles Novack has donated his architectural skills to the project. MOTION by Wippermann to approve the Erickson Community Square Concept Plan as presented. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. Community Development Director Wasmund held discussion on setting the fee for the Pawn Shop Ordinance. Staff recommends an annual $5000 fee with a review after two years. There would also be an investigation deposit of $1,500 of which a non refundable portion of $350 would be charged. This deposit amount is the same as used for liquor license applicants. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 1994 Councilmember Staats felt the amount was too high in comparison to the cities close to Rosemnount's population and if pawn shops are charged maybe consignment shops or second hand shops should also be included. City Administrator Burt noted that what makes the pawn shop different is that the money exchanged is a loan. The ordinance only addresses pawn shops. These fees are made to cover expenses not create a revenue for the city. Community Development Director Wasmund researched area fees for pawn shops and found the average fee to be $4,900 with the lowest at $12 and the highest at $12,000. MOTION by Busho to amend Resolution 1993 -132 to establish the annual license fee for pawn shops and pawn brokers at five thousand dollars ($5,000) annually. Second by Wippermanm. Ayes: McMenomy, Busho, Wippennann. Nays: Staats. City Administrator Burt gave an update for the Fire Service Task Force. They have concluded that a fire facility is needed on the west side of the community at the northeast corner of Shannon Parkway and Dodd Boulevard. Further details such as station site will continue to be worked out by the committee. These details should be ready for presentation to the City Council in December with a final recommendation. Mayor McMenomy reviewed the process used with public hearings. The recording secretary noted that all the affidavits for the following eight public hearings were on file. Mayor McMenomy opened the Public Hearing for the O'Leary's Hills 5th Addition Street and Utility Improvements Assessments, City Project 232. Dave Simons from SEH Engineering reviewed the details for the assessments for O'I eary's Hills 5th Addition Street and Utility Improvements. MOTION by Busho to close the Public Hearing for City Project 232. Second by Wippermann. Ayes: Staats, Busho, Wippennann, McMenomy. Nays: None. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, O'LEARY'S HILLS 5TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 232. Second by Staats. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy opened the Public Hearing for the assessments for 145th Street Improvements Shannon Parkway to Chili Avenue and the realignment of the Chili /Chippendale Avenues Intersection with 145th Street. Brian Bourassa from OSM Engineering reviewed the costs and funding for the 145th Street Improvements. Mr. Carlon was removed from the Assessment Roll because he changed his driveway from Chili to 143rd Street. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 1994 The following residents filed signed letters with the City Clerk's office appealing their assessments: Richard L. Carroll and Thomas A. Carroll, Mr. Pat Finnegan, Kenneth V. Gist, Robert F. Shimota. and Mark W. Heesch. Each resident had an opportunity to comment. Charles Todd had no assessment, but commented that the speed of cars on the new road was excessive. MOTION by McMenomy to close the Public Hearing for 145th Street Improvements Shannon Parkway to Chile Avenue and the realignment of the Chili/Chippendale Avenues Intersection with 145th Street, City Project 235. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy noted that he objected to the Chili Avenue properties being assessed. MOTION by Wippemiann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, 145TH STREET IN PROVEMENTS SHANNON PARKWAY TO CHILI AVENUE AND THE REALIGNMENT OF THE CHILI /CHIPPENDALE AVENUE INTERSECTION WITH 145TH STREET, CITY PROJECT 235. Second by Busho. Ayes: Staats, Busho. Wippermann. Nays: McMenomy. Mayor McMenomy opened the Public Hearing for assessments for Shannon Hills 5th Addition Street and Utility Improvements, City Project 243. Brian Bourassa, SEH Engineering, reviewed the project costs. MOTION by McMenomy to close the Public Hearing for City Project 243. Second by Staats. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, SHANNON HILLS 5TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 243. Second by Staats. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy opened the Public Hearing for the Armory Site Sanitary Sewer Improvements Assessment Hearing, City Project 236. Dave Simons, SEH Engineering, noted project costs and that sewer on the east side of Highway 3 could be extended further south in the future if warranted. MOTION by McMenomy to close the Public Hearing for City Project 236. Second by Busho. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by Busho to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, ARMORY SITE SANITARY SEWER IMPROVEMENTS, CITY PROJECT 236. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Wippermann. Nays: None. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 1994 Mayor McMenomy opened the Public Hearing for the Walter Hansen Addition: Preliminary Plat and Rezoning. Assistant Planner Pearson explained the Walter- Hansen Addition preliminary plat and rezoning. The Planning Commission recommends its approval. MOTION by Wippermann to close the Public Hearing on the Walter- Hansen Addition: Preliminary Plat and Rezoning. Second by Staats. Ayes: Staats, Busho, Wippennann, McMenomy. Nays: None. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE WALTER HANSEN ADDITION ADMINISTRATIVE PLAT. Second by Busho. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None. MOTION by Wippermann to adopt ORDINANCE B-47 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE which provides for the rezoning of property within the Walter- Hansen subdivision from PUB Public to C -2 Community Commercial. Second by Busho. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy opened the Public Hearing for Outlot A, Carrousel Plaza South: Rezoning. Assistant Planner Pearson presented a request from Ron Carlson to rezone the outlot situated south and west of the new GTI Theater to BP -2 Business Park. It is currently zoned R -3 Multiple Family Residential. Because this is a transition zone from residential to commercial, the Planning Commission recommended BP -3 Business Park which does not allow all types of uses Staff was neutral on the recommendation. The Mayor preferred BP -2 Business Park. MOTION by McMenomy to close the Public Hearing for Outlot A, Carrousel Plaza South: Rezoning. Second by Staats. Ayes: McMenomy, Staats, Busho, Wippermann. Nays: None. MOTION by Wippermann to adopt ORDINANCE B -48 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE which provides for the rezoning of outlot A, Carrousel Plaza South from R -3 Multiple Family Residential to BP- 3 Business Park. Second by Staats. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for Betty Jo Schmitt Preliminary Plat. Staff advised City Council that the interested parties could not move forward on the development at this time, but possibly in the spring. MOTION by McMenomy to table the Public Hearing for Betty Jo Schmitt Preliminary Plat. 4 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 1994 Second by Wippermann. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy opened the Public Hearing for Zoning Ordinance Text Amendment: R -3 District Density Reduction. Assistant Planner Pearson said that this text amendment would lower the maximum density allowed in the R -3 Multiple Family Residential District from eighteen dwelling units per acre to twelve dwelling units per acre. There is a "density bonus" feature that could award developers for significant improvements above minimum standards which can raise the density from twelve to no more than eighteen per acre. MOTION by Wippermann to close the Public Hearing for Zoning Ordinance Text Amendment: R -3 District Density Reduction. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by McMenomy to adopt ORDINANCE B AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE amending the zoning ordinance test which reduces the R -3 Multiple Family District Density from eighteen units per acre to twelve units per acre. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Wippennann. Nays: None. Brian Bourassa, OSM Engineering, studied the possibility of installing a 4 -way stop sign at 145th Street and Canada Avenue. The results show that traffic volume, accident reports, and state standards' warrants are not met for a 4 -way stop sign to be installed. Katherine Walker, 14540 Canada Avenue, noted that the intersection is a main school crossing and traffic is heavy after school and Sunday mornings. She presented a petition signed by resident in favor of a 4 -way stop sign. She reminded Council to look to the future. City Administrator Burt said that the stopping actually makes people speed up faster to make up for time. Also. more noise is generated by cars breaking and accelerating. More enforcement of the speed limit would be needed. Bourassa suggested additional stripping in the crosswalk, use of adult crossing guards for the children crossing during school hours, and the new street lighting will help. A review will be made within a years time. Consensus with the Council was to have staff proceed as recommended. Parks and Recreations /Community Center Director Topitzhofer reviewed the events leading to the proposed restructuring of the Parks and Recreation Committee and the Community Center Committee. MOTION by McMenomy to merge the existing Parks and Recreation Committee with the Community Center Commission, forming a seven member advisory committee entitled "Parks and Recreation Committee to be effective February 1, 1995, and selection of such members to be determined by City Council at a later date. Second by Busho. Ayes: Staats, Busho, Wippennann, McMenomy. Nays: None. MOTION by McMenomy to accept the resignation of Randy Moe, Building Maintenance Supervisor, effective October 21, 1994. Second by Wippermann. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None. Staff and Council will miss Randy and the fine job he did at the Community Center. Community Development Director Wasmund presented the Downtown Development Committee mission statement: The mission of the Downtown Development Committee shall be to review as an advisory task force to the Rosemount Planning Commission the redevelopment plan that Rosemount city staff will develop utilizing the recommendations of the Downtown Scoping Committee, McComb Group, LTD reports, the Comprehensive Guide Plan and other relevant information. MOTION by Busho to appoint the following persons to serve on the Downtown Development Committee: Ron Carlson, Peggy Spadafore, Todd Franz, Brad Renn, Renee Stevenson, Randy Wood, Marie Jensen, Shirley Doering, Bill Droste, Sharon Johnson, Rix Skonberg, Maureen Bouchard, Sally Renish, Ena Cisewke, Dennis Wippermann, Laurie Oliver -Boyd, and E.B. McMenomy. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Wippertnann. Ayes: McMenomy, Staats, Busho, Wippermann. Nays: None. The meeting was adjourned at 9:45 p.m. ATTEST: Thomas D. Burt City Administrator The City Council Agenda Packet is Clerk's File 1994 -34. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 1994 Respectfully submitted, Linda Jentink Recording Secretary 6 1 1 ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING OCTOBER 25, 1994 Pursuant to due call and notice thereof a Closed meeting of the Rosemount City Council was duly held on Tuesday, October 25, 1994 at 6:00 p.m. in the Upper Conference Room at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Staats, Busho, Anderson and Wippermann present. Also present was City Administrator Burt and consultant James Brimeyer from Brimeyer Group, Inc. The Council held discussion on the City Administrator's first six months employment evaluation. MOTION by Busho to adjourn the meeting. Second by Anderson. Ayes: 5. Nays: None. The meeting was adjourned at 6:55 p.m. Respectfully submitted, G Thomas D. Burt Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 25, 1994 Pursuant to due call and notice thereof a Special meeting of the Rosemount City Council was duly held on Tuesday, October 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 Councihnembers Staats, Busho, Anderson and Wippermann present. Also present was City Administrator Burt. The Council held discussion on the 1995 City of Rosemount Budget. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: McMenomy, Staats, Busho, Wippernann. Nays: None. The meeting was adjourned at 8:00 p.m. Respectfully submitted, Thomas D. Burt, City Administrator 1 1 1 NOTICE Effective November 1, 1994, all closed meeting minutes will be kept in a minute book and all subsequent closed minutes to be stored in the City Clerk's office. All closed meeting minutes relating to the McDonough lawsuit are included in the client privileged file in the City Clerk's office. Dated this 17th day of October, 1994. Su .n M. Wal City Clerk City of Rosemount Dakota County State of Minnesota Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 1, 1994 at 7:42 p.ni. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Staats, Busho and Anderson present. Councihnember Wippermann was absent. Also present were City Attorney LeFevere, City Administrator Burt. Community Development Director Wasmund and Finance Director May. Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 1994 The Agenda was amended to include Item 3.b. U.S.P.C.I. News Release; Item 4. m. Rex's Rich Valley Estates: Set Public Hearing; Item 4. n. Cooperative Agreement with MNDOT for Snow Removal on Trunk Highway 3; Item 5.c. State Auditor's Report Conflict of Interest; Item 6. a. Abolishment of Economic Development Coordinator Position; and Item 7. Thanks to All for Support of Haunted Woods. City Administrator Burt explained that local members of the Chamber of Commerce have formed a committee to plan a Holiday Celebration, December 4th, at the Community Center. Marge Ryan, chairperson of the committee, contacted Burt and requested that staff provide a tree at the Community Center that could be decorated. Public Works staff contacted Earl Marotzke of Earl's Tree Farni and as a result, Mr. Marotzke donated a 35 foot spruce tree that was planted near the pond area of the Community Center. Mayor McMenomy presented a certificate of appreciation to Mr. Marotzke, showed the plaque that will be per nanently placed at the base of the tree, and thanked Public Works staff for their coordination of the project. Marge Ryan reviewed the plans for a Christmas celebration on Sunday, December 4, 1994, 2 P.M. to 8 P.M. This celebration is entitled "Share the Spirit" of a Rosemount Christmas Celebration. Volunteers are being sought for several committees and donations are being accepted through the Northern Dakota County Chamber Foundation, P.O. Box 198, Rosemount, Minnesota. The downtown area will be decorated, there will be a tree lighting ceremony, and caroling. The Council thanked Ms. Ryan and the participants and look forward to the community involvement. Mayor McMenomy commented on the letter of intent he received to sell U.S.P.C.I., Inc. a hazardous waste subsidiary of Union Pacific Corporation to Laidlaw, Inc. of Burlington, Ontario, Canada. Laidlaw, Inc. is a major provider of environmental management and transporation services to municipalities and industries throughout the United States and Canada. MOTION by Busho to approve the Consent Agenda with the two added items, Item 4. m. Rex's Rich Valley Estates: Set Public Hearing and Item 4. n. Cooperative Agreement with MNDOT for Snow Removal on Trunk Highway 3. Second by Staats. Ayes: Anderson, McMenomy, Staats, Busho. Nays: None. Community Development Director Wasmund reviewed the hiring process used in the search for a Senior Planner. There were 30 applications. The top six were interviewed and Wasmund recommended the hiring of Andrew Mack. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 1994 MOTION by Busho to approve the hiring of Andrew Mack for the position of Senior Planner according to the terms of the offer letter and conditioned upon successfully completing an employment physical and driving record check. Second by McMenomy. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. City Administrator Burt noted a concern of Mr. and Mrs. Fischer, 3125 145th Street West regarding the new lighting on 145th Street West. Fischers felt the lights are too bright. The lighting plan was done jointly between the city engineer, an engineering consultant firm and Northern States Power Company. The level of brightness is required because it is a collector street. Council concluded that after one year the situation will be reviewed with the possibility of lowering the wattage or adding shields to direct the light away from homes. Mayor McMenomy requested the City Administrator and City Attorney to do an Executive Summary on the claims made to the State Auditor's Office and have that presented at the next City Council meeting. City Administrator Burt presented the recommendation for the City Council to abolish the position of Economic Development Coordinator. Port Authority approved their 1995 Budget without this position due to the minimal economic development activity. MOTION by McMenomy to abolish the position of Economic Development Coordinator and to approve the layoff of John Miller with a two week advance notification. Second by Busho. Ayes: Staats, Busho, Anderson, McMenomy. Nays: None. Councihnember Busho thanked City Staff and all who volunteered to help with the Halloween Haunted Woods at Carroll's Woods. The weather was great and it was a real success with many happy participants. Busho requested an announcement on the City Administrator's review at the next meeting. The City Engineer, Bud Osmundson, has been seriously ill. He is recuperated at home now, and is expected back next week. Some tasks have been temporarily delayed, but staff is working hard to keep on top of things and should be back to normal soon. MOTION by Staats to adjourn the meeting. Second by McMenomy. Ayes: Busho, Anderson, McMenomy, Staats. Nays: None. The meeting was adjourned at 8:10 p.m. Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -35. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 15, 1994, at 7:30 p.m. in the council chambers at City Hall, 2875 145th Street West. Acting Mayor Wippermann called the meeting to order with Councilmembers Anderson, Busho, and Staats present. Staff present included City Administrator Burt, Community Development Director Wasnntd, Parks and Recreation Director Topitzhofer. Senior Planner Mack, Assistant Planner Pearson, Administrative Assistant Walsh, and City Attorney LeFevere. Acting Mayor Wippermann led the group 111 the Pledge of Allegiance. The agenda was amended to include 9. A. Miss Rosemount Pageant and 4. G. Set Public Hearing for December 20. 1994, on the Modification of the Redevelopment Plan for the Rosemount Redevelopment Project and Establishment of Tax Increment Financing District No. 1 -2 and a TIF Plan. A member of the audience, Renee Stevenson. questioned whether a report from the city attorney regarding the auditor's report would be on the agenda. Staff informed Ms. Stevenson that it would be discussed at the December 6, 1994, meeting. Community Development Director Wasmund introduced Andrew Mack who was recently hired by the city as its Senior Planner. Wasmund advised that in addition to directing the planning department. Mr. Mack will serve as staff facilitator for the Downtown Scoping Committee. Councilmembers welcomed Mr. Mack to the city staff. MOTION by Wippermann to approve the consent agenda with the addition of 4. G. SECOND by Staats. Ayes: Anderson, Wippermann, Staats, Busho, Nays: 0. Councilmember Busho advised that City Administrator Burt's recent performance review was very positive. Other Councilmembers also voiced their satisfaction with Mr. Burt's performance and added that favorable continents have been received outside of city hall, too. Parks and Recreation Director Topitzhofer reviewed staff correspondence regarding the hiring of an Arena Manager for the Community Center. Councilmembers voiced concerns regarding the management of the rest of the building and was advised that it would be taken care of by re- structuring staff and shifting responsibilities. MOTION by Busho to authorize posting and advertisement for the position of Arena Manager. SECOND by Anderson. Ayes: Wippennann, Staats, Busho, Anderson. Nays: 0. City Administrator Burt advised, that at Renee Stevenson's request, the issue of closed meeting tapes and their availability to the public was on the agenda for the city council to take an official stance on whether to make closed session tapes public. City Attorney LeFevere commented on the free communication that takes place between an attomey and its client in closed sessions and those discussions are considered attorney /client privileged information LeFevere added that it is the decision of the client whether to make those tapes available to the public. Discussion ensued as councilmembers discussed the retention period of tapes. Staff was directed to take this issue under advisement, researching the legal retention period of meeting tapes, and bring back a recommendation to a future meeting. Acting Mayor Wippermann called for a one minute recess at 7:59 p.m. before the scheduled 8:00 public hearing. The meeting reconvened at 8:00 p.m. A public hearing was held regarding Rex's Rich Valley Estates Preliminary Plat. The recording secretary noted that the Affidavits of Published and Posted Notices were on file. Assistant Planner Pearson reviewed staff correspondence regarding Rex's Rich Valley Estates Preliminary Plat and advised that the plat was consistent with current standards. Pearson explained that an additional condition should be added stating that a restrictive covenant will be recorded restricting further subdivision of the remanent 47.5 acres until the zoning ordinance is changed. There were no comments from the audience. ROSEMOIJNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 1994 MOTION by Staats to close the public hearing. SECOND by Busho. Ayes: Staats, Busho, Anderson. Wippennann. Nays: 0. MOTION by Wippermann to adopt the resolution, with the addition of the fourth condition, approving the preliminary plat for Rex's Rich Valley Estates setting out the four conditions. SECOND by Staats. Ayes: Busho, Anderson, Wippennann, Staats. Nays: 0. A public hearing was held regarding Off Sale 3.2% Malt Liquor License for Jubilee Foods. The recording secretary noted that the Affidavits of Published and Posted Notices were on file. Administrative Assistant Walsh advised that Berry- Falls, Inc., dba Jubilee Foods, has applied for a liquor license to sell 3.2% malt liquor at their new store located at 3400 150th Street West. The background investigation by Chief Knutsen produced clean records on both owners of the store. Walsh further advised that all paperwork is in order and that the investigation deposit and license fees have been paid. Walsh recommended approval of the license application. Councilmembers questioned the age requirements to legally sell liquor. City Attorney LeFevere advised that he would check into it. Council directed staff to share the attorney's opinion with the local stores when received. There were no comments from the audience. MOTION by Wippennann to close the public hearing. SECOND by Busho. Ayes: Anderson, Wippermann. Staats. Busho. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 1994 MOTION by Anderson to approve issuance of a 3.2% malt liquor license to Berry-Fall, Inc. dba Jubilee Foods subject to the city receiving proof of liquor liability insurance. SECOND by Busho. Ayes: Wippennann, Staats, Busho, Anderson. Nays: 0. At the request of Renee Stevenson, video taping meetings for the public access channel was brought up for discussion. City Administrator Burt advised that staff is looking for direction from city council. Burt explained that even though there should he no cost to the city with volunteers taping the meetings and the cable company providing the equipment, there may be some costs to improve the facilities, i.e. lighting and acoustics. Councilmembers voiced concerns regarding the reliability of volunteers to consistently tape council meetings, concerns that there would be no control over the editing of the tapes, and the need for assurances that entire meetings would be taped and not segments of them. Councihnembers also questioned who would be responsible if damage should occur to the cable company's equipment. City Administrator Bun advised that staff would examine council's questions and try to determine a long tern approach to the proposal. A suggestion was made to look to Apple Valley for assistance since they have gone through a similar process. City Administrator Burt advised that the Utility Commission is recommending to the city council that certain sections of their bylaws be amended. After discussion, council directed staff to suggest to the Utility Commission that they elect a Vice- President at the beginning of the year when electing their President. Council disagreed with the other suggested changes and recommended that the rest of the language stay as -is. Councilmember Busho advised that a Rosemount group is seeking to organize a "Miss Rosemount Pageant." Among other duties, Miss Rosemount would preside over Leprechaun Days and represent Rosemount in the Miss Minnesota pageant. Busho explained that it will be a great opportunity for the winner to earn scholarships and possibly he a great avenue for marketing Rosemount. Busho requested that councilmembers think about the idea and pass on any con to her. MOTION by Staats to adjourn. SECOND by Busho. Ayes: 4. Nays: 0. Meeting adjourned at 8:46 p.m. The City Council Agenda Packet is Clerk's File 1994 -36. Respectfully submitted, Deborah Widstrom Recording Secretary