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Home My WebLink About32769 - DECEMBER 1,1994 - APRIL 30, 1996ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 1, 1994 11 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was held on Thursday, December 1, 1994, at 7:00 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Staats and Busho present. Councilmember Wippermann was absent. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy advised the purpose of the meeting was to allow the City to conduct a public hearing regarding the proposed 1995 levy. Mayor McMenomy thanked members of the audience for attending and explained the process for the public hearing. City Administrator Tom Burt presented an overview of the proposed 1995 operating budget and tax levy for the City of Rosemount. Administrator Burt explained the impact on city property taxes when market valuations are increased on residential and commercial properties. Several members from the audience asked questions and voiced concerns regarding the increase of the City's operating budget and increased market valuations of their homes and /or businesses. MOTION by McMenomy to close the public hearing. SECOND by Anderson. Ayes: Anderson, McMenomy, Staats, Busho. Nays: None. I Members of the City Council extended their appreciation to the audience for their comments and input. Members of the Council individually provided comments on their reasons for supporting the proposed 1995 operating budget and levy. Mayor McMenomy advised the City Council will take action to approve the budget and levy at the December 6, 1994 Regular Council Meeting. MOTION by McMenomy to adjourn. SECOND by Staats. Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. Respectfully submitted, Susan M. Walsh, City Clerk Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 6, 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 Staats, Busho, Wippennann, and Anderson present. Also present were City Attorney LeFevere, City Administrator Burt, Community Development Director Wasmund, Senior Planner Mack, and Assistant Planner Pearson. The Consent Agenda was considered. Renee Stevenson, 14600 Cameo Avenue, asked why an amendment to the selection policy for commissions and committees was made. The wording was changed to give the City Council more latitude in the consideration of someone who may have a conflict of interest. City Attorney LeFevere explained it is a disclosure statement which addresses the issue of effectiveness if a conflict of interest exists. City Administrator Burt noted that perhaps someone could have a conflict on a neighborhood issue, but could effectively govern most any other issue that would come up. MOTION by Wipperntann to approve the Consent Agenda. Second by McMenomy. Ayes: Anderson, Wippennann, McMenomy, Staats, Busho. Nays: None. City Administrator Burt reviewed the conflict of interest complaint filed by three residents with the State of Minnesota Office of the State Auditor in regard to Mayor McMenomy's participation in several city decisions. The three residents were Renee Stevenson, Harry Willcox, and Marie Jensen. The State Auditor's Office investigated each issue and found no improper conduct and has closed the file. Mayor McMenomy expressed appreciation to city staff for all the time and research required to satisfy the residents questions. Mayor McMenomy noted that at 110 time did he act alone but within the governing body, the City Council. Marie Jensen was unable to attend the meeting because of illness and requested Harry Willcox to read a letter in her behalf. Willcox read the letter and it was placed in the Clerk's File. Community Development Director Wasmund reviewed the Knutson Services, Inc. recycling contract. The City of Rosemount is number one for recycling the greatest amounts in Dakota County. The recycling pilot program was started in 1988 in Rosemount and set the foundation for many other city's programs. Knutson Services. Inc. has successfully fulfilled all of the program goals. however. the funding is no longer in the budget. Knutson is committed to serving the community without interruption and have agreed to provide the same recycling service at no additional charge to the City. Dakota County has a hauler reimbursement fee which will be paid directly to Knutson. This does not prohibit other haulers to pick up recycling. MOTION by McMenomy to approve and authorize execution of an Agreement for Recycling Services between the City of Rosemount and Knutson Services, Inc. for the year 1995. Second by Staats. Ayes: Wippennann, McMenomy, Staats, Busho, and Anderson. Nays: None. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 1994 Councilmember Busho thanked the Rosemount Chamber of Commerce, the Rosemount Garden Club, the Parks and Recreation staff, Public Works employees. Police Department employees, and city hall staff for participating in the "Share the Spirit" Christmas parade and celebration. It certainly was a success and many smiling faces could be seen through out the days events. Hats off to all the organizers. Mayor McMenomy opened the Public Hearing at 8:00 p.m. for Domestic Animal Enclosures, Zoning Text Amendment. The recording secretary noted that the Affidavits of Posted and Published Notices were on file. The Mayor reviewed public hearing procedure. Assistant Planner Pearson noted the amendment originated with a citizens complaint regarding setbacks for dog kennels and runs which often end up in the side yard and in view of the neighbor and not the home owner. The Planning Commission reviewed the amendment and for future development decided it would be a benefit in order to curtail future complaints. The amendment reads as follows, "Enclosures confining domestic animals to an area of less than half of a rear yard area must conform with the property line setback standards for accessory buildings (Section 7.2.A.6)." All present kennels are grandfathered in and only with improvements or replacement could they be relocated. Most residential setbacks in general for accessory structures are ten feet from the property line. This amendment is consistent with regulations used with accessory stnictures such as small sheds. MOTION by McMenomy to close the Public Hearing for Domestic Animal Enclosures, Zoning Text Amendment. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. City Administrator Burt said that dog kennels can be a nuisance problem and that many newer neighborhoods have covenants that protect neighbors, but older neighborhoods do not. This amendment sets guidelines for future development. Harry Willcox and Renee Stevenson disagreed with the amendment. MOTION by Anderson to adopt ORDINANCE B -50, APPENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE (Ordinance B). Second by Wippennann. Ayes: Staats, Busho, Anderson, Wippennann, McMenomy. Nays: None. MOTION by Busho to adjourn the meeting. Second by Wippermann. Ayes: Busho, Anderson, Wippennann, McMenomy, Staats. Nays: None. The meeting was adjourned at 8:15 p.m. Respectfully submitted, �fi Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -38. 2 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 20. 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 Staats, Busho, Wippermann, and Anderson present. Also present were City Attorney LeFevere, City Administrator Burt, Administrative Assistant Walsh, Community Development Director Wasmund, Senior Planner Mack. Public Works Director Osmundson, and Finance Director May. Mayor McMenomy led the group in the Pledge of Allegiance. Administrator Burt added to the Consent Agenda Item 4.j. Hiring of Probationary Firefighters. John Sinracek from American Risk Services provided an update on the Workers' Compensation renewal and the general liability policies. Our medical clinic will change to the Apple Valley Medical Clinic for all Workers Compensation claims. Sinracek did not recommend an umbrella policy for the City. Savings can already be anticipated with better coverage. MOTION by McMenomy to approve the Consent Agenda with the addition of the Hiring of Probationary Firefighters. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Administrative Assistant Walsh presented the 1995 Fee Resolution which will set out all city fees and rates. Each department head was available for questions. Walsh noted that a annual subscription fee would now provide copies of agendas and minutes for interested ones. Residents could request individual agendas or minutes at no charge. Public Works Director Osmundson noted that a 5% increase was recommended for Storm Water Utility Fee and city sewer and water connection charges. Building Division and Planning and Zoning fees were changed very little. Some increases were made for the Community Center ice and gym rental. MOTION by McMenomy to approve A RESOLUTION ESTABLISHING THE SCHEDULE OF RATES AND FEES FOR 1995. Second by Wipperrnann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing at 8:00 p.m. for Arlyn Cope Commercial Planned Unit Development and Preliminary Plat at 14760 South Robert Trail. The recording secretary noted that the Affidavits of Posted and Published Notices were on file. The Mayor reviewed public hearing procedure. Senior Planner Mack reviewed the mixed use zoning requested by Arlyn Cope for the Planned Unit Development. The Planning Commission recommended approval based on compliance with seven findings. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 1994 Gene Peterson commented on the Planned Unit Development and the cooperation in working with the Planning Commission's requests. Peterson noted that the escrowed amount held by the Port Authority is requested to he refunded. City Attorney LeFevere recommended tabling the approval of the Planned Unit Development until the draft agreement can be reviewed. MOTION by Busho to close the Public Hearing for Arlyn Cope Commercial Planned Unit Development and Preliminary Plat. Second by Anderson. Ayes: Busho, Anderson, Wippennamt, McMenomy, Staats. Nays: None. MOTION by McMenomy to table action on the Cope Commercial Planned Unit Development and Plat pending review of the development contract. Second by Wippermann. Ayes: Anderson, Wippennann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy opened the Public Hearing for the Modification of the Redevelopment Plan for the Rosemount Redevelopment Project and Establishment of Tax Increment Financing District (TIF) No. 1 -2 and a TIF Plan therefor. The recording secretary noted that the Affidavits of Posted and Published Notices were on file. Community Development Director Wasmund gave a summary of the redevelopment of the southwest corner of Highway 3 and County Road 42 into a series of commercial establishments. Owners of Carlson Tractor Supply desire to develop the property for a possible motel and restaurant. Carlson's are requesting the Port Authority to create a tax increment district to assist with the financing of the project. The resolution provides the vehicle with a wide range of variations possible to achieve redevelopment of this corner, which is an "entry way" to the City. Staff noted that the site meets the "but /for" test for statement of need and public purpose in that the buildings are sub- standard on the site and there may he soil corrections needed. Once redeveloped the businesses there will add to the tax base for the city. The Planning Commission reviewed the concept plan and recommends approval. David Drown from Springsted, Inc. produced the TIF Plan. Pat Pilstring, planning consultant for Carlson's, commented on the positive effects the TIF District would play in the redevelopment of the site. Renee Stevenson, 14600 Cameo Avenue, commented that there would not be taxes received from this redevelopment for twenty years. Stevenson wondered why a grade separation crossing for the railroad tracks was not being planned for. Staff noted that Dakota County controls road improvements at that corner. MOTION by McMenomy to close the Public Hearing for the Modification of the Redevelopment Plan for the Rosemount Redevelopment Project and Establishment of Tax Increment Financing District (TIF) No. 1 -2 and a TIF Plan therefor. Second by Wippenuann. Ayes: Wippemrann, McMenomy, Staats, Busho, Anderson. Nays: None. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 1994 Ron Carlson noted that a motel group approached them for redevelopment and they did not feel their company was being moved out of town, but that that corner is no longer the best site for a farm implement dealer because of recent development. There are no discussions for relocation costs for Carlson's Tractor. MOTION by Anderson to approve A RESOLUTION APPROVING A MODIFIED REDEVELOPMENT PLAN FOR THE ROSEMOUNT REDEVELOPMENT PROJECT AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1 -2. Second by Wippennann. Ayes: Staats, Anderson, Wippermann. Present: Busho. Abstain: McMenomy. Councilmember Busho expressed concerns for some of the dollar amounts and preliminary numbers for the TIF Plan. MOTION by McMenomy to adjourn the meeting. Second by Anderson. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. The meeting was adjourned at 9:15 p.m. Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1994 -39. ROSEMOUNT CITY PROCEEDINGS REGULAR !MEETING JANUARY 3, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 3, 1995 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, Wippennann, and Anderson present. Also present were City Attorney LeFevere, City Administrator Burt, Administrative Assistant Walsh, Senior flamer Mack, Police Chief Knutsen, and Parks and Recreation Director Topitzhofer. Mayor McMenomy led the group in the Pledge of Allegiance. Administrator Burt added to the Consent Agenda Item 4.o. On Sale Licenses On Public Premise for liquor providers at the Community Center. MOTION by Wippennann to approve the Consent Agenda with the addition of Item 4.o. On Sale Licenses On Public Premise. Second by Staats. Ayes: Staats, Busho, Anderson, Wippennann, McMenomy. Nays: None. Parks and Recreation Director Topitzhofer announced that a grant had been awarded to the City of Rosemount in the amount of $99.996 for a two year program to hire a Community Service Worker to assist innovative programs for prevention of crime and youth related problems in the low income /high density areas in Rosemount. The grant was from the Minnesota Department of Public Safety and was very competitive with over 300 requests were received. It is planned that a "Teen Night" will be established and other programs coordinated in Rosemount. The Council congratulated staff for the hard work in preparing the application and now the opportunity to work with the youth in the area of prevention. MOTION by McMenomy to approve a resolution authorizing the City of Rosemount to enter into a cooperative agreement with the office of Drug Policy and Prevention in the Minnesota Department of Public Safety for the project entitled Community Crime Reduction during the period from January 1, 1995 to December 31, 1996. Second by Wippermann. Ayes: Busho, Anderson, Wippemtann, McMenomy, Staats. Nays: None. Police Chief Knutsen recommended extending the position of Police Secretary Aid from a six hour a day position to a full -time position as Department Secretary with the start date January 4, 1995. Jean Driscoll has an excellent employment record and the police staff need additional secretarial help. Councilmember Staats recommended having the start date retroactive to January 1, 1995. MOTION by Wippermann to approve the promotion of Jean Driscoll from the part time position of Secretary Aid to the full -time position of Police Department Secretary effective January 4. 1995. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Police Chief Knutsen recommended the hiring of Todd Winters for the Community Service Officer position. This position replaces the animal control program from last year which used "G's" Animal Control. This will be an intern position. Mr. Winters has completed his Law Enforcement Training is currently eligible to be licensed as a police officer and is ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 3, 1995 currently on the Rosemount Police Reserve Unit. He will also be handling City Code violations. MOTION by McMenomy to approve the hiring of Todd Winters as a Community Service Officer at a starting salary of $6.50 per hour. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Administrative Assistant Walsh reviewed the Selection Policy and the names of the applicants received for the openings on the city commissions and committees. There have only been ten applications received with no response for the Utilities Commission position. Walsh suggested continuing the application deadline and requesting the newspapers to publish a community service article to spark further interest. MOTION by Busho to set a Special City Council Meeting for the purpose of conducting Commission /Committee interviews on January 12, 1995. at 6:30 p.m., at the Community Center with the deadline for applicants extended to noon on January 12th. Second by McMenomy. Ayes: McMenomy, Staats, Busho. Anderson. Wippermann. Nays: None. The interviews will be held at the Rosemount Community Center in room 214 on January 12, 1995. at 6:30 p.m. City Administrator Burt presented the school district's request for involvement from the City on the mission statement for Independent School District 196 on January 9th, 2:00 to 4:00 p.m. Council discussed the focus group and consented to have Cathy Busho represent the City. MOTION by McMenomy to appoint Councilmember Busho to the Independent School District 196 Mission Statement Focus Group. Second by Wippennann. Ayes: Staats, Anderson, Wippermann, McMenomy. Nays: None. Abstain: Busho. MOTION by McMenomy to adjourn the meeting. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. The meeting was adjourned at 8:03 p.m. Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1995 -1. 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL !MEETING JANUARY 12, 1995 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Thursday, January 12, 1995 at 6:30 p.m. at the Rosemount Community Center located at 13885 South Robert Trail. Acting Mayor Wippermann called the meeting to order with Councilmembers Staats, Busho, and Anderson present. Also present was City Administrator Burt. Mayor McMenomy arrived at 6:45 p.m. Administrator Burt reviewed the process for interviewing the applicants for vacancies on the city commissions and committees. Each applicant was allowed fifteen minutes per interview. Formal appointments would be made at the next regular city council meeting. The residents interviewed were: Karen Griffin, Donald F. Stille, Jr., Jeff Moser, Dave Giliuson. Daniel McCarthy, Janet Larson, John Stefani, Michael Eliason, Bill Droste, Joan Anderson, Donald Berg, and John Howard. MOTION by Anderson to adjourn the meeting. Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. The meeting was adjourned at 10:35 p.ni. Respectfully submitted, Thomas D. Burt City Administrator The City Council Agenda Packet is Clerk's File 1995 -2. 1 1 Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 1995 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, January 17, 1995, at 7:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Wippermann and Busho present. Councilmember Staats was absent. Recreation Community Center Manager Lisa Jost introduced the city's new recreational programmer, Dan Schultz. Police Chief Knutsen introduced the city's new community service officer, Todd Winters. The City Council extended a welcome to the new staff members. Senior Planner Andrew Mack and Kevin Carroll of SOAR requested that the City Council consider adopting a resolution in support of the Minnesota Legislature and the State Advisory Council on Airport Planning to require that the Metropolitan Council and Metropolitan Airports Commission conclude the dual track airport planning process by the July, 1996 legislative deadline. Meeting this deadline would support a final decision on the airport proposals by the 1997 Legislature. Mr. Carroll also updated Council of the resurfacing of the remote runway concept which he felt could have major negative impact on Rosemount. The Council thanked Mr. Carroll and members of SOAR for their involvement in the airport issue and keeping the Council informed. MOTION by Wippermann to adopt A RESOLUTION SUPPORTING TIMELY COMPLETION OF THE DUAL TRACK AIRPORT PLANNING PROCESS. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: None. The consent agenda was considered, and Councilmember Busho requested that Item 4(o) Gambling Premises Permit be removed from the Consent Agenda for discussion. MOTION by McMenomy to approve the consent agenda as amended. Second by Anderson. Ayes: Wippermann, McMenomy, Busho, Anderson. Nays: None. The recommended action to support a gambling premises permit for the Minneapolis West Suburban Junior Kodiaks to sell pulltabs at Last Call Bar and Grill was considered by the City Council. Councilmember Busho expressed concerns that allowing a second charitable organization at this location would be cutting into proceeds now earned by the Knights of Columbus. A representative of the Knights advised the Council that he had just learned that evening that another charitable pulltab booth may he leased at Last Call Bar and Grill. Steve Hawkins, a representative of the "Kodiaks advised the Council that some of the net proceeds from the pulltabs would help purchase ice time at the Rosemount Community Center. He further informed the Council the lease agreement with Last Call would be withdrawn if the Knights of Columbus were not agreeable to sharing the premises. City Attorney LeFevere informed the City Council of possible regulations by the city if the Council were to adopt a gambling ordinance. 1 1 Following further discussion, the Council reached a consensus the two charitable organizations should meet and discuss their pulltab operations and meet with the owner of Last Call. MOTION by Busho to table action on the gambling premises permit. Second by Anderson. Ayes: McMenomy, Busho, Anderson, Wippermann. Nays: None. Mayor McMenomy opened the public hearing to consider an off -sale 3.2% malt liquor license for the new Kwik Trip Store located at 14810 South Robert Trail. The required affidavits were presented for the record. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 1995 Administrative Assistant Susan Walsh advised the Council that the application was in order and the appropriate fees were paid. MOTION by Wippermann to close the public hearing. Second by Anderson. Ayes: Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by Wippermann to approve issuance of an off -sale 3.2% malt liquor license to Kwik Trip, Inc. to sell 3.2% beer at Kwik Trip #697, 14810 South Robert Trail, subject to issuance of a certificate of occupancy. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: None. Mayor McMenomy opened the public hearing to consider termination of the Adventure Zone Interim Use Permit. The required affidavits were presented for the record. Assistant Planner Rick Pearson advised that the Adventure Zone, a commercial paintball business, is currently permitted as an interim use permit (IUP) in the General Industrial District on Highway 55. On December 13, 1994, the Planning Commission recommended that the IUP be terminated because of noncompliance with several conditions of the permit. Pearson made note of a handout to the City Council from the city building division which listed seven building code violations by the Adventure Zone business. As background information, Pearson stated that the Adventure Zone and another paintball business had previously operated for several years under a permit from the city clerk. This permit was seasonal in nature and structured for uses or events that could be conducted on undeveloped property. Assistant Planner Pearson advised that in 1993 a request was made by the Adventure Zone to expand the permit to include winter games; and because this implied year around activities, the validity of a seasonal permit was reassessed because of intensification of the use and the apparent impact of activity on the site. City staff has ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 1995 found erosion which resulted from traffic and parking, pallets and debris accumulated on the site and an 60 foot trailer had been parked. Pearson noted that the trailer is used for equipment rental, concessions and admissions, and the building department considers the occupancy to he commercial and not in compliance with the uniform building code. Pearson advised trailers such as this one are prohibited by the zoning ordinance unless related to ongoing construction. The noncompliance issues by Adventure Zone were addressed by Pearson. Pearson advised the IUP was granted with 13 conditions; and the required site work from the 13 conditions was explained to both paintball businesses. The noncompliance issues which the Adventure Zone has made no effort to address are as follows: (1) no crushed rock or alternative has been applied to the parking area to counter the effects of erosion; (2) no improvements have been made to the entrance at TH 55 in accordance with Mn DOT specifications; and (3) no attempt has been made to either bring the trailer into conformance with the uniform building code or have it removed. Brett Harvey, president of the Adventure Zone, next addressed the City Council. Mr. Harvey expressed concerns that he was given only one day's notice of the December 13, 1994 Planning Commission meeting. He was informed of the Planning Commission meeting by a letter from city staff dated December 9, 1994. Mr. Harvey stated he was unsuccessful in contacting Assistant Planner Pearson prior to the December 13, 1994 Planning Commission meeting. Mr. Harvey further advised that his company did respond to the conditions of the IUP by way of a packet of information sent to city staff members Rick Pearson, Ron Wasmund and Tom Burt who were informed of Adventure Zone's many concerns. Mr. Harvey felt his company did try to address the noncompliance issues and these attempts, along with their concerns, were in the packet of information sent to the city staff. Mr. Harvey also noted that it was impossible for his business to address the site work issues during the winter months. Mr. Harvey informed the council that his company was not fully informed about the conditions, and he only had 39 days to satisfy all of the conditions. Upon receiving the conditions, Mr. Harvey stated he had major concerns about what his company was suppose to do; and these concerns caused him to furnish the packet of information to city staff. Mr. Harvey next addressed the compliance issues presented by Assistant Planner Pearson. Mr. Harvey disputed the noncompliance matter of no crushed rock or alternative. Harvey stated his company were not allowed to use an alternative such as recycled concrete because city staff felt recycled concrete would have to be maintained on an annual basis. Mr. Harvey felt the maintenance issue should be up to him and recycled concrete was a good alternative. With regards to improvements to the entrance of his business, Mr. Harvey stated this could not be addressed until the gravel issue was resolved. Regarding the trailer, Mr. Harvey implied that prior to the interim use permit 3 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 1995 city staff told him it was acceptable to have a trailer as long as it wasn't a permanent structure; and therefore he attempted to comply with the original permit. MOTION by Busho to close the hearing. Second by McMenomy. Ayes: Wippermann, McMenomy, Busho, Anderson. Nays: None. Council discussed the appropriateness of allowing the owner of the Adventure Zone to provide additional comments in writing before taking action on the termination at the next Council meeting. Council then asked Assistant Planner Pearson to address Brett Harvey's comments. Pearson advised that correspondence dating back to 1993 indicates that the building department had advised the owner of the Adventure Zone on the noncompliance of the trailer. Pearson didn't believe dialog had been held between city staff and Mr. Harvey on how to bring the trailer into compliance with the uniform building code. With regards to the zoning ordinance, Pearson felt the trailer could be brought into compliance, and one issue that would have to be addressed would be access to the trailer for Adventure Zone customers. Pearson stated the permit allows for alternatives to crushed limestone with the approval of the city engineer. Assistant Planner Pearson advised the Council that the packet of information provided by Adventure Zone did not address reasons why Adventure Zone could not conform to the conditions. City staff suggested several times that if Adventure Zone could provide staff with a copy of the permit application or other correspondence with MnDOT that the City would consider extending the deadline for compliance. It was also suggested to the owners of Adventure Zone that the deadline for compliance would possibly be extended if they provided proof of looking at alternatives to the crushed rock or trailer issue. In summary, Assistant Planner Pearson felt the owners were given significant concessions to normal requirements with conditions of the IUP. Pearson added the other painthall operation has complied with all of the conditions, and they feel they are being treated unfairly because they complied and the Adventure Zone has not. At this time in the hearing Mr. Harvey was asked if he had any further comments. Mr. Harvey advised he did not. MOTION by McMenomy to direct staff to prepare findings of fact that will support the termination of The Adventure Zone Interim Use Permit and to allow The Adventure Zone to provide written statements to the City Council before the next City Council meeting. Second by Wippermann. Ayes: McMenomy, Busho, Anderson, Wippermann. Nays: None. Mayor McMenomy opened the public hearing the Kuznia /Ped Agricultural Subdivision, located at 4992 145th Street East 1 1 1 The city clerk presented for the record the required affidavits. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 1995 Assistant Planner Rick Pearson provided background information on the request by Grace Kuznia and Otto Ped for an agricultural split of 160 acres. Pearson noted the Planning Commission recommended approval of the division. MOTION by McMenomy to close the public hearing. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by Anderson to adopt A RESOLUTION APPROVING THE AGRICULTURAL DIVISION OF THE PED ESTATE FOR GRACE KUZNIA AND OTTO PED. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: None. MOTION by Busho to hire George Mikutowski as arena manager with a starting date of February 1, 1995 subject to a successful pre employment and driver's license check. Second by McMenomy. Ayes: Wippermann, McMenomy, Busho, Anderson. Nays: None. City Administrator Tom Burt discussed the concept of a lease purchase for several capital equipment items that need replaced or purchased in 1995. The City Council reviewed the requested items and discussed the lease purchases with the staff member. MOTION by McMenomy to direct city staff to continue working on a lease purchase and bring it to City Council on February 21, 1995. Second by Busho. Ayes: McMenomy, Busho, Anderson, Wippermann. Nays: None. City Council reviewed the recommended appointments to the Planning Commission, Port Authority, Utilities Commission, Parks and Recreation Committee and USPCI Trust Fund Committee. Interviews of interested residents were held by the City Council on January 12, 1995. MOTION by Busho to appoint the recommended residents to the commissions and committees as addressed in the Executive Summary. Second by McMenomy. Ayes: Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to adjourn. Second by Wippermann. Ayes: 4. Nays: O. Respectfully submittedfr Susan M. WaIsh, City Clerk The City Council agenda packet is Clerk's File 1995 5 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 7, 1995 at 7:35 p.m. in the Council Chambers at City Hall. 2875 145th Street West. Acting Mayor Wippernann called the meeting to order with Councilmembers Staats, Busho, and Anderson present. Mayor McMenomy was absent. Also present were City Attorney LeFevere. City Administrator Burt, Administrative Assistant Walsh, Community Development Director Wasmund, Senior Planner Mack, Assistant Planner Pearson, Parks and Recreation Director Topitzhofer, and Public Works Director /City Engineer Osmundson, and Building Inspector Paul Heirnkes. Acting Mayor Wippermann led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 7, 1995 The agenda was not changed, however, cor.ec,lions were made to Item 4.m. changing the bid opening date to March 3, 1995; and Item 7.a. Parks and Recreation by -laws were revised. The Metropolitan Mosquito Control District, represented by Dave French, Supervisor and Pete Whebble, Foreman. gave a presentation on the operations and control of mosquitos. The District Headquarters is here in Rosemount and staff there is willing to help residents with questions about mosquitos and their life cycles. Control is easiest in the larvae stage of development before the mosquito is airborne. There are about 15 species that are dangerous to humans and domestic animals because they can transmit a variety of diseases. Cattail marshes will be treated this month. Much of the winter is spent mapping areas and finding low spots that hold water which can produce mosquitos. The treatments used are methoprene, an insect growth regulator in briquet or pellet form, Bacillus thuringiensis var. israelensis. a natural soil bacteria in dry form applied by hand or helicopter. and perniethrin and resmethrin made from the chrysanthemum flower. Metropolitan Mosquito Control District works hard to control the pesky mosquito so that residents can enjoy the beautiful Minnesota summers without too much irritation from them. Acting Mayor Wippermann opened the Public Hearing for Wensmann Seventh Addition: Planned Unit Development (PUD), Preliminary Plat and Rezoning. The recording secretary noted that the affidavits of posted and mailed notice were on file. Assistant Planner Pearson reviewed the proposed Wensmann Seventh Addition which has 51 single level townhouse units and 30 single family lots. The Planning Commission approved the PUD and preliminary plat on January 10th and 24th, 1995. Pearson recommended tabling the rezoning portion of the request pending approval of the final plat. Wippermann noted that the over all density was lowered from the original plan. Anderson asked about separation from County Road 42 and Pearson replied that landscaping and increased setbacks are to be used. Overall, the landscaping is three times more than required. Busho noted that the use of a public informational meeting with this development worked well and would encourage such meetings with future developments. MOTION by Staats to close the Public Hearing for Wensmann Seventh Addition: Planned Unit Development and Preliminary Plat. Second by Wippermann. Ayes: Wippermann, Staats, Busho, Anderson. Nays: None. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 7, 1995 MOTION by Wippermann to adopt A RESOLUTION APPROVING THE WENSMANN SEVENTH ADDITION PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL. Second by Anderson. Ayes: Staats, Busho, Anderson, Wippermann. Nays: None. Discussion ensued regarding the Consent Agenda. Councilmember Wippermann requested a change to the minutes of January 17, 1995 on page one, paragraph 5, by adding the word "negative" in regard to the impact of the Metropolitan Airport Conunission's planning process. Councilmember Busho noted that Item 4.j. reporting final payment of the Highway 3 Improvements project near the National Guard Armory/Community Center still has the orange silt fences to be removed. Public Works Director Osmundson noted that he would follow up on the removal of the fencing. MOTION by Anderson to approve the Consent Agenda with the noted change to the January 17, 1995 minutes and the corrected date of the bid opening in Item 4.m. to March 3, 1995. Second by Wippermann. Ayes: Busho. Anderson, Wippermann, Staats. Nays: None. Assistant Planner Pearson introduced findings of fact supporting the termination of the Interim Use Permit for the operation of the Adventure Zone. a splatball gaming operation, at 1826 55th Street East. Building Inspector Heitnkes sited non compliance with the conditions set in 1994. Brett Harvey, President of the Adventure Zone said that communication between the Dakota County Department of Transportation, city engineers, and himself was slow and he didn't know how to proceed. City Attorney LeFevere noted that if there is truly non compliance, then renewal of or issuing a new Interim Use Pennit would not be proper process. Due to new evidence and the willingness of the owner to move the trailer off the lot it would be more proper to give the applicant an extension. Council discussed the possibility of having a performance bond and a deadline for compliance. Council determined that staff should proceed to work with Mr. Harvey on a compromise, but not allowing his business to open until compliance is attained. This extension is acceptable only because the owner shows willingness to comply. This "eleventh hour situation" is not a positive situation and will not likely be repeated. Council set a deadline of June I. 1995. MOTION by Busho to table a resolution approving the findings of fact terminating the Interim Use Pennit of the Adventure Zone. Second by Wippermann. Ayes: Anderson, Wippennann, Staats, Busho. Nays: None. Parks and Recreation Director Topitzhofer presented the by -laws for the Parks and Recreation /Community Center Committee. This combined two commissions into one. The changes in the by -laws allow the membership size to change from seven to five members and added a clause that requires the City Council's approval for amendments to the by -laws. 2 1 1 ROSE11MOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 7, 1995 Regular meetings will be the third Monday of each month with the option of adding special meetings when needed. MOTION by Wippermann to adopt the by -laws for the new Parks and Recreation Community Center Committee. Second by Staats. Ayes: Wippermatm. Staats. Busho, Anderson. Nays: None. Parks and Recreation Director Topitzhofer reviewed a complaint of an injury resulting from sliding at Connemara Park. Sliding was not an intended use of the park and due to the risk it is recommended to prohibit sliding temporarily until staff can further evaluate the situation. Signs will be posted on January 31, 1995 and the police department will be notified and asked to patrol the park frequently. Council asked Topitzhofer to keep them advised. Administrative Assistant Walsh addressed the need for a Closed Executive Session of the City Council to discuss the new employee compensation plan. MOTION by Wippemiann to set a Special Closed meeting on February 23, 1995 at 6:30 p.m. for the purpose of reviewing a proposed employee salary plan. Second by Staats. Ayes: Staats, Busho, Anderson, Wippennann. Nays: None. Public Works Director /City Engineer Osmundson reviewed the options for the proposed extension of Diamond Path south of Dakota County Road 42 due to the development of Wensmann 7th Addition. Council directed Osmundson to proceed with the cul -de -sac option for December Trail and wait until joint participation with Dakota County and Apple Valley was available for the extension of Diamond Path. Public Works Director /City Engineer Osmundson explained that through a formula each city is allocated a certain number of miles to designate as Municipal State Aid Streets (MSA) which makes that street eligible for receiving MSA funds for construction and maintenance. The past two years development within Rosemount has added approximately 3.8 miles to our system, plus the three miles of County Road 38 turnback resulting in an additional 1.16 miles which can be added to our MSA system. MOTION by Wippermann to authorize staff to request the addition of 1.16 miles described as Chippendale Avenue from CSAH 42 to 145th Street (length 2,700') and 132nd Street from Dodd Boulevard to State TH 3 (length 630'). Second by Anderson. Ayes: Busho, Anderson, Wippermann, Staats. Nays: None. MOTION by Wippermann to adjourn the regular agenda and to hold a closed meeting for the purpose of discussing police union contract negotiations. Second by Busho. Ayes: Anderson, Wippermann, Staats, Busho. Nays: None. At 9:40 p.m. the City Council withdrew to the Council Lounge for a Closed Executive Session. The regular meeting was reconvened at 10:17 p.m. 3 1 1 1 MOTION by Wippermann to adjourn the meeting. Second by Staats. Ayes: Wippermann, Staats, Busho, Anderson. Nays: None. The meeting was adjourned at 10:19 p.m. Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1995 -4. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR NIEETING FEBRUARY 7, 1995 Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 21, 1995 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 Staats, Busho, Anderson and Wippennann present. Also present were City Attorney LeFevere, City Administrator Burt. Community Development Director Wasmund, Senior Planner Mack, Parks and Recreation Director Topitzhofer, and Public Works Director /City Engineer Osmundson, Finance Director May, and Fire Chief Aker. Also in attendance was a fmancial consultant, Dan O'Neill from Springsted. The agenda was amended by adding Item 3.a. S.O.A.R. Update, Item 6.b. Lot 7, Block 1, Lan -O -Ken Addition by Laxman Sundae, and Item 6.b. McAndrews Road Speed Limit by Councihnember Wippermann. On the Consent Agenda, Item 4.f. was pulled, Rosemount High School Graduation Party Donation. Kevin Carroll represented S.O.A.R. and discussed an Airport Bill in the House of Representatives for the State which would require further study of the remote runway concept. The Metropolitan Airport Commission has authorized $50,000 toward additional consultant fees to study this. This would eliminate some of the noise problems for Minneapolis and possibly bring them to Rosemount. This idea entails transporting passengers and baggage back and forth from the main terminal to remote runways in Dakota County. Intentionally, the wording of this bill refers to a search area rather than a selected site. The first legislative hearing will be February 23. 12:30 p.m. in Room 200 of the State Office Building in St. Paul. Dee Long is sponsoring the bill. S.O.A.R. will testify there. The City Council had approved a resolution calling for completion of the study on schedule. If another resolution is appropriate Mr. Carroll will advise the City Council so Council's disapproval can be counted. MOTION by Wippermann to approve the Consent Agenda with the removal of Item 4.f. Rosemount High School Graduation Party Donation. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson, Wippennann. Nays: None. Finance Director May presented the Equipment Lease /Purchase. Proposals were received from three firms of which the low bidder was FBS Investment Services. Council concluded that the fire truck should be pulled from requested items, lowering the amount needed by $600,000. The fire truck will be considered at a later time. May estimated that property taxes may increase 2% to 3%. This leasing method is cheaper and easier than issuing bonds and there is no balloon payment as with some leasing methods. MOTION by Anderson to direct staff to work with FBS Investment Services, Inc. to enter into a lease /purchase agreement to purchase equipment for the City of Rosemount and to exclude the fire truck. Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy. Nays: Staats. Parks and Recreation Director Topitzhofer noted that George Mikutowski, recently hired as Arena Manager, has resigned and elected to return to his former position at Victory ui 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 1995 Memorial Ice Arena. Topitzhofer recommended Tom Murphy to fill the vacancy. Murphy has been serving as Acting Arena Manager since Randy Moe left and has performed well in his duties. MOTION by McMenomy to accept the resignation of George Mikutowski as Arena Manager and to hire Tom Murphy for the position of Arena Manager. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Laxman Sundae of 2637 2635 132nd Court West, requested a refund of a security deposit for repair to his septic system in the amount of $8000. Mr. Sundae submitted a written statement to the Clerk's File and to Council. Sundae said he felt the septic system was flooded from several thousand gallons of water the fire department used to extinguish a house fire on March 28, 1993. Since that time the septic system has been working well and he has researched the system and the placement of its three tanks. Sundae's son, Alexie Sundae now lives there and verified the repairs to the roof and that the septic system was flooded after the fire. Council consensus was to have city staff review the information and report back to the City Council in April. Councilmember Wippermann expressed concem that the County has raised the speed limit on McAndrews Road in Rosemount. Also, the problem of varying speed limits on McAndrews Road between Highway 3 and Cedar Avenue. The Apple Valley portion has a lower speed limit even though there are no driveways onto McAndrews Road and there are developed walkways. The Rosemount portion has driveways and shoulder walkway and yet the speed is higher. The records also show eight traffic incidents, seven which involved deer. Staats stated he felt the speed for all county roads should be 50 mph. Council requested staff to check into the recent changes and find out what Dakota County criteria is. City Administrator Burt reminded City Council and the audience about the Lean II, Law Enforcement Awareness Night on March 8, 1995, at 6:30 p.m. Councilmember Busho noted the Shamrock Award Dinner on March 11, 1995 at 6:00 p.m. MOTION by McMenomy to adjourn the meeting. Second by Wippermann. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. The meeting was adjourned at 8:42 p.m. Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1995 -5. Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 7. 1995 at 7:34 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. Also present were City Attorney LeFevere. City Administrator Burt, Community Development Director Wasmund, Senior Planner Mack, Assistant Planner Pearson, Public Works Director /City Engineer Osmundson, and Fire Chief Aker. One item was pulled from the Consent Agenda, Item 4.f. Kelley Trust Prairie Acquisition and moved to Item 8.c. for discussion. No further changes were made to the agenda, however some additional infonnation for clarification was added to the Clerk's File; a revised Keystone Development Agreement, a revised resolution for access on Highway 3, and revised minutes of Fcbnrary 21, 1995. Senior Planner Mack has been active in following House File 385 which is in support of the "remote runway option" that Metropolitan Airport Commission has showed interest. Kevin Carroll also attended the public hearing for H.F. 385 and noted that Rosemount is mentioned many times and the University of Minnesota land in Rosemount when speaking of location. It seems that the metropolitan area is attempting to move their noise problem with the airport down to Rosemount. S.O.A.R. is against remote runways in Rosemount as are many surrounding cities in Dakota County. If no further public hearings are set for this, H.F. 385 will likely die. Council thanked Carroll and Mack for their involvement and requested updated information when it is available. Ed Howard, from the Fire Task Force, presented four recommendations: 1) a minimum of two fire facilities are necessary for current and future fire needs of the city; 2) construct a new functionally designed and equipped facility that will last at least 50 years that should not exceed 14.000 square feet at a cost of approximately $1.7 million based on architectural projections and current costs. The location should be on the North East corner of Shannon Parkway and Dodd Blvd. This facility should contain six bays, administration area, general areas, support areas and assimilate with the surrounding neighborhood; 3) build a fire facility on the eastern side of the community as soon as it is feasible and until that tune maintain the current fire facility on Brazil Avenue; and 4) City Council should start the process of planning a referendum for the fall of 1995 and select an architect to begin finalization of plans as soon as possible. Councilmember Busho asked if the Fire Task Force was prepared to support and "sell" the fire station recommendations. Howard confirmed he and the group support the building of a fire station and they would like to keep involved when the architectural drawings are finned up and a marketing plan is ready. Mayor McMenomy thanked Ed Howard, the four members present, and all the remaining Fire Task Force members for their direction and told them the City Council wants and appreciates their future involvement in the process for purchasing and building the fire station. City staff will keep them advised. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 1995 Karen Griffin, 3786 145th Street West, spoke in support of the fire station. Griffin said she had visited several fire stations and found by saving two minutes in the response time much property damage and often lives can be saved. The location proposed is near 145th Street West and Shannon Parkway and study showed that two minutes would be saved in response time. She urged City Council to accept the recommendations of the Fire Task Force. MOTION by McMenomy to approve the Consent Agenda without Item 4.f. Kelley Trust Prairie Acquisition. Second by Wippennann. Ayes: Wippennann, McMenomy, Staats, Busho, Anderson. Nays: None. Item 4.f. Kelley Trust Prairie Acquisition was discussed. Councilmember Busho felt that the "other donations" should be confirmed for the funding. The area is 15.6 acres north of Carrolls Woods which would connect with Schwarz Pond Park to the east. MOTION by Busho to authorize an offer of $200,000 for the purchase of a 15.6 acre parcel of Kelley Trust property, $100,000 from park improvement funds, $50.000 from the grant, and pending documentation of other donations. Second by Wippennann. Ayes: McMenomy, Staats, Busho, Anderson. Wipperniann. Nays: None. Mayor McMenomy called for a short break at 7:57 p.m. The meeting was reconvened at 8:00 p.m. for three public hearings. Mayor McMenomy opened the Public Hearing for Lance Johnson Mineral Extraction Permit Renewal for 1995. The recording secretary noted that the affidavits of posted and mailed notice were on file. Mayor McMenomy reviewed the public hearing process for comments. Assistant Planner Pearson presented Lance Johnson's request for renewal of a Mineral Extraction Permit in which the operator will continue to be Friedges Landscaping, Inc. An additional condition is recommended for placement of temporary fencing around any processing equipment in use for a safety barrier. The location is approximately 1.5 miles north of CSAH 38 and three eights of a mile west of CSAH 71. The City has not received any complaints or calls on this operation. The Planning Commission and staff recommend approval. MOTION by Busho to close the Public Hearing for the Lance Johnson Mineral Extraction Permit Renewal for 1995. Second by Staats. Ayes: Staats, Busho, Anderson, Wippennann, McMenomy. Nays: None. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE 1995 MINERAL EXTRACTION PERMIT RENEWAL FOR THE LANCE JOHNSON PROPERTY. Second by Wippennann. Ayes: Busho, Anderson, Wippennann, McMenomy, Staats. Nays: None. Mayor McMenomy opened the Public Hearing for Solberg Aggregate Mineral Extraction Permit Renewal for 1995. The recording secretary noted that the affidavits of posted and mailed notice were on file. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 1995 Assistant Planner Pearson presented Loren Howard's request for Solberg Aggregate, Inc. to renew the 1995 Mineral Extraction Permit. It is located on Koch Refining property just south of the flare towers on the west side of TH 52. There have not been any complaints filed regarding this permit. On January 24. 1995 the Planning commission reviewed the permit renewal request and recommended its approval. MOTION by Anderson to close the Public Hearing for Solberg Aggregate Mineral Extraction Permit Renewal for 1995. Second by Staats. Ayes: Anderson, Wippennann, McMenomy, Staats, Busho. Nays: None. MOTION by Wippernrann to adopt A RESOLUTION APPROVING THE 1995 MINERAL EXTRACTION PERMIT RENEWAL FOR SOLBERG AGGREGATE INC. Second by Staats. Ayes: Wippennann, McMenomy, Staats, Busho, Anderson. Nays: None. Mayor McMenomy opened the Public Hearing for Mallard Pond Administrative Plat. The recording secretary noted that the affidavits of posted and mailed notice were on file. Assistant Planner Pearson reviewed the mapped area described as Mallard Pond. Rezoning is not necessary given the balanced density of the two lots at the one per ten acre agricultural residential density. Mr. Winkler has meet with staff and agreed to move the septic system to the north or east for correct drainage and held discussion for wetland easements. A lot division in 1988 for this property has complicated the plat preparation and further research is needed to properly address this natter. MOTION by Wippennann to close the Public Hearing for Mallard Pond Administrative Plat. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippenmann. Nays: None. MOTION by Busho to table action on the Mallard Pond Administrative Plat subject to resolving underlying property parcel inforniation. Second by Anderson. Ayes: Staats, Busho, Anderson. Wippennann, McMenomy. Nays: None. Public Works Director /City Engineer Osmundson gave an update of the Wachter 186A Outlet. City Project 257. This is the storm dram overflow outlet for the Carrollton 4th Addition east of Colorado Avenue and adjoining areas west of Cimarron Avenue. Staff has been trying to acquire an easement from the Chippendale 42 Partnership, south of CSAH 42 so that the project can go forward. Any future agreement will be brought to City Council for approval. Dan Hanscom. 14866 Colorado Avenue, represented Carrollton IV Neighbors and thanked Osmundson for helping to find a solution. The Neighbors requested to meet with the contractor who will he doing the work before the work is started. Community Development Director Wasmund presented the redevelopment contract between Ron and Rich Carlson of Keystone Properties, Inc., and the Rosemount Port Authority. Council discussed points in the contract. This development would provide a 25.000 square 3 1 1 1 foot hotel and a family style restaurant in Phase I and additional commercial improvements in Phase II. MOTION by Anderson to approve the contract between Keystone Properties, Inc. and the Rosemount Port Authority for private redevelopment on land owned by Keystone. Second by Wippennann. Ayes: Busho, Anderson, Wippermann, Staats. Nays: None. Abstain: McMenomy. Public Works Director /City Engineer Osmundson researched and recommends the City consider entering into a Municipal Services Partnership. a division of Honeywell Corporation for an energy audit. The initial procedure includes Honeywell personnel surveying each building, including all park and well house facilities and analyzing the efficiency of the motors. lights. windows, insulation and anything that will improve the efficiency of the building. A list of recommended improvements will he collected for Council and budget review. A savings of 30% is usually realized. Erik Froehlich from Honeywell Corporation, Municipal Service Partnership, explained the energy efficiency survey. reporting, maintenance agreement, and that 30 other cities, counties. and school districts have used this approach to save energy and money. There is no cost to the City now and in the long term there maybe hard savings. MOTION by McMenomy to send a letter of authorization for Honeywell Corporation to proceed with the Municipal Services Partnership. Second by Staats. Ayes: Anderson, Wippemiann, McMenomy, Staats, Busho. Nays: None. Community Development Director Wasmund presented Bob Guetschoff and Ron Carlson's request for City Council's help in trying to obtain direct access to Highway 3 with a private drive from the Minnesota Department of Transportation(MNDOT). Staff at MNDOT has denied direct access on Highway 3 on three different occasions based on the safety and function of the highway. City Administrator Burt noted that access onto Highway 3 will be limited and it would be appropriate to have a comprehensive study for the area on Highway 3 from CR 42 to lhOth Street to see where the best placement of an access may be for all businesses. Councilmember Staats inspected Highway 3 and the theater area and said there is a blind spot on the curve and that safety should he a prune factor. Council consensus was to direct staff to do a comprehensive study of Highway 3 from County Road 42 to 160th Street and give MNDOT a message that Rosemount is growing and additional accesses may be necessary. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: Wippennann, McMenomy, Staats, Busho, Anderson. Nays: None. The meeting was adjourned at 9:10 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 1995 1 1 Respectfully submitted, The City Council Agenda Packet is Clerk's File 1995 -7. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 1995 Linda Jentink, Recording Secretary Mayor McMenomy led the group in the Pledge of Allegiance. ROSEAIOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 21, 1995 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 Busho. Staats and Wippennann present. Also present were City Attorney LeFevere, Administrative Assistant Walsh, Community Development Director Wasmund, Senior Planner Mack, Parks and Recreation Director Topitzhofer, Assistant Planner Pearson, Civil Engineer Doug Litterer, and Fire Chief Aker. Engineering Consultant David Simons was also present. Consent Agenda, Item 4.k., Rejecting Bids, Biscayne Avenue Street and Utilities Improvement, City Project 249 was pulled for discussion under the Department Heads Report. Councilmember Busho added Item 7.b. New Charitable Games Ordinance. Some additional information for clarification was added to the Clerk's File; Attorney Cook for Richard Knutson Incorporated prepared a memo, state code book information, and affidavits for Item 4.k.; and charitable gambling infonnation gathered by the City Clerk. Fire Chief Scott Aker presented the Fire Department Annual Report to the City Council. Membership is down and another eight firefighters are scheduled to he added this year. The equipment is old but well maintained. The last vehicle to be replaced was replaced ten years ago. Fire and emergency calls are up by nearly 300% since 1982. Firefighters are required to respond to 30% of all calls which they have readily done. The Rosemount Volunteer Fire Department continues to educate their staff and have continued to be a highly motivated and dedicated group. MOTION by McMenomy to accept the Fire Department's Annual Report. Second by Wippennann. Ayes: Wippennann, McMenomy. Staats, Busho. Nays: None. Council commended the Fire Department and Chief Aker for their fine job protecting the City of Rosemount. Community Development Director Wasmund reported that there was an irregularity in the bids received for the Biscayne Avenue Street and Utilities Improvement. City Project 249. Richard Knutson Incorporated (RKI) is the apparent low bidder and Ryan Construction is the second low bidder. Attorney Tim Cook of Moore, Costello and Hart, representing RKI noted that the City Council has the right to waive any irregularity at their discretion. The Addendum that was not addressed by RKI was recognized as a clarification clause that did not add quantity or cost to the project. The concern of staff was for any potential delay of the project since outside developers are dependent on the utilities improvements for building as soon as possible. If litigation would follow a bond could be required for any damages from an injunction. If all bids were rejected now an additional 21 days for re- advertisement would be required. Wasmund recapped three options for Council: 1) reject all bids, re- advertise, May 2 contract award: 2) table action; or 3) award the hid to RKI. Engineering Consultant Dave Simons of SEH Engineering said that the irregularity was minor and not material in nature. ROSEMOUNT CITY PROCEEDINGS REGULAR MIEETLNG MARCH 21, 1995 Mayor McMenomy called for a five minute break at 8:25 p.m. to allow legal council to complete a motion for Council action. The meeting was reconvened at 8:35 p.m. MOTION by Busho to award the contract for the Biscayne Avenue Improvements to Richard Knutson Incorporated, subject to the following contingencies: 1) The contract would not be executed until at least April 11, 1995. 2) The City receives an agreement, executed by appropriate officers of Richard Knutson Incorporated, authorizing the City unilaterally to rescind the contract award if the City Council should decide, in its absolute and sole discretion, that there is reason to be concerned about delay of the project due to a bid protest. This agreement shall he in a form acceptable to the City Administrator and the City Attorney. 3) Receipt of State Aid approval. Pollution Control Agency and Health Department permits, a Chicago Northwestern Railroad permit. and acquisition of necessary easements or rights of entry. Additionally. staff is directed to prepare a resolution awarding the contract for consideration by the City Council at its next regular meeting and is further directed to send notice to all bidders as soon as possible of the City's award of the contract and intent to execute a contract with Richard Knutson Incorporated. Second by Wippennann. Ayes: Staats, Busho, Wippennann. Nays: None. Abstain: McMenomy. MOTION by McMenomy to approve the Consent Agenda with the removal of 4.k. Second by Wippennann. Ayes: Staats, Busho, Wippennann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for Rezoning of Dodd /Shannon /145th Street Undeveloped Land. The recording secretary noted that the affidavits of posted and mailed notice were on file. Assistant Planner Pearson reviewed the rezoning of the land at Dodd /Shannon /145th Street which would bring it into conformance with the Comprehensive Guide Plan. This would lower the density of the housing in this area to six units per acre. The Planning Commission approved this rezoning. Sheila Klassen, 12430 Canada Court, spoke in favor of the rezoning. Klassen is a member of the Rosemount Partnership Program which works with families and youth in this area to deter crime and create positive activities for youth. Dick Carroll, one of the land owners, was not in favor of the rezoning. Carroll stated that the rezoning would lower the value of the R -3 land rezoned and said that he was not contacted in a timely manner by city staff. Councilmember Wippermann noted that it is a goal of the City Council to bring land into conformance with the Comprehensive Guide Plan. Wippermann noted that the agriculturally zoned land, the larger portion of it, would have its land value increased becoming R -2. Also Senior Planner Mack said the Green Acres program would not he interrupted by the change in rezoning and could continue until future development happens. MOTION by McMenomy to close the Public Hearing for the Rezoning of Dodd /Shannon /145th Street Undeveloped Land. Second by Staats. Ayes: Busho, Wippennann, McMenomy, Staats. Nays: None. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 1995 MOTION by Wippermann to adopt ORDINANCE NO. 51 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE for the rezoning of vacant property located between Dodd Boulevard. Shannon Parkway, and 145th Street from AG Agriculture and R 3 Multiple Family Residential to R -2 Single Family Attached. Second by Busho. Ayes: Wippermann. McMenomy, Staats, Busho. Nays: None. Community Development Director Wasmund reviewed the septic system concern at 2636- 2637 132nd Court. Staff agreed to return the deposit money to Mr. Laxman Sundae and requested further soil borings for evaluation. Laxman Sundae. 2636 -2637 132nd Court, and his son, Alex, agreed to the soil testing if one of them is present. Laxman Sundae noted that interest accrued from his deposit would be $683 and requested that amount be returned as well. Council consensus was to return the deposit to Laxman Sundae without interest and to direct staff to further test the septic system for public safety and report back to City Council. Administrative Assistant Walsh requested the hiring of a Part-time Secretary Aide for the Public Works Department /Utilities. Screening and interviews took place the week of March 13th. The position's hours would be 25 hours per week. The interview committee recommends hiring Ms. Julie Kaufman-Boom. MOTION by Busho to authorize the hiring of Ms. Julie Kaufman -Boom as Part -time Secretary Aide in the Public Works /Utility Department. Second by McMenomy. Ayes: McMenomy, Staats, Busho, Wippermann. Nays: None. Assistant Planner Pearson presented the renewal of the Interim Use Pennit for Splatball, Inc. for 1995 and 1996 for an outdoor recreational use. Staff finds Spaltball, Inc. in compliance and recommends expanding the permit to two years. The manager, Mr. Lathrop, is in agreement and it is understood that intermittent inspections may take place. MOTION by Busho to adopt A RESOLUTION APPROVING THE 1995 -1996 SPLATBALL INC. INTERIM USE PERMIT WHICH SETS OUT THE CONDITIONS FOR OPERATION OF THE PAINTBALL RECREATIONAL USE IN THE AGRICULTURAL DISTRICT. Second by McMenomy. Ayes: Staats, Busho, Wippenmann, McMenomy. Nays: None. Councilmember Busho requested that a Gambling Ordinance be drafted for the City of Rosemount. Research showed that most surrounding cities have an ordinance in place. Busho recommended that the ordinance regulate the number of organizations allowed per business, insure the majority of funds would he spent in Rosemount, give priority to local organizations rather than out of town organizations, require reporting yearly to the city, and a two year permit fee of $100. 1 1 1 Attorney LeFevere noted that the gambling license is required by the State, but the city can set forth regulations which can be enacted immediately or phased in at an appropriate tine. Staff was directed to draft an ordinance for council review. MOTION by Wippennann to adjourn the meeting. Second by Staats. Ayes: Busho, Wippennann, McMenomy, Staats. Nays: None. The meeting was adjourned at 10:50 p.m. Respectfully submitted. Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1995 -8. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 1995 Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 4, 1995 at 7:32 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councihnembers Anderson, Busho, and Wippennann present. Councilmember Staats was absent. Also present were City Attorney LeFevere, City Administrator Burt, Community Development Director Wasmund, Senior Planner Mack, Parks and Recreation /Community Center Director Topitzhofer. Assistant Planner Pearson, Community Development Department Intern McKnight, Public Works Director Osmundson, and Police Chief Knutsen. The City's Risk Management consultant, Mr. Simicek, was also present. Parks and Recreation /Community Center Director Topitzhofer submitted a corrected Ordinance X11.14 relating to snowmobile operation in Rosemount. No changes were made to the agenda MOTION by Wippennann to approve the Consent Agenda. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: None. Assistant Planner Pearson presented Wensmann 7th Addition Final Plat and Rezoning. Dakota County requested that the plat be divided into two additions, Wensmann 7th Addition and Wensmann 8th Addition. The 7th Addition would he for the single family housing and Wensmann 8th Addition would be for the townhouse development. No lot boundary changes will occur with the division, just minor name changes to the mylars and final plats. The Development Agreement is still being worked on and will be presented at the next City Council meeting. MOTION by Busho to adopt A RESOLUTION APPROVING THE WENSMANN SEVENTH AND WENSMANN EIGHTH ADDITIONS FINAL PLAT. Second by Anderson. Ayes: Wippermann, McMenomy. Busho Anderson. Nays: None. MOTION by McMenomy to adopt Ordinance No. B -52, AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE FOR THE REZONING OF PROPERTY TO ACCOMMODATE THE WENSMANN SEVENTH AND EIGHTH ADDITIONS. Second by Busho. Ayes: McMenomy, Busho, Anderson, Wippennann. Nays: None. Assistant Planner Pearson presented the final conditions for the issuance of a 1995 Interim Use Permit for the Adventure Zone. These conditions had been sent by certified mail to Mr. Brett Harvey, manager of the Adventure Zone. MOTION by Wippennann to adopt A RESOLUTION SETTING OUT THE CONDITIONS FOR ISSUANCE OF A 1995 INTERIM USE PERMIT FOR THE ADVENTURE ZONE. Second by Anderson. Ayes: Busho, Anderson, Wippennann, McMenomy. Nays: None. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MIEETLNG APRIL 4, 1995 Parks and Recreation /Community Center Director Topitzhofer presented an amendment to the Rosemount City Code Section 8 -3 -3 regarding snowmobile operation. The new ordinance was written by the Parks Recreation Committee, the Rosemount Snowtoppers club, and input from the Police Department. Topitzhofer compared snowmobile regulations from several cities around Rosemount. This Ordinance is very similar to Eagan and Lakeville's but without a curfew: however youth 17 and under must obey the Dakota County curfew limits as always. Police Chief Knutsen said complaints have been very low regarding snowmobiles out late at night. Disobeying the Ordinance would be a misdemeanor which is a maximum fine of $700 or 90 days in jail. MOTION by Wippermann to adopt ORDINANCE NO. XIL14, PERTAINING TO SNOWMOBILE OPERATION WITHIN THE LIMITS OF THE CITY OF ROSEMOUNT, AMENDING ROSEMOUNT CITY CODE SECTION 8 -3 -3. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: None. Community Development Department Intern Assistant McKnight presented the Building and Property Maintenance Ordinance. Residents petitions and complaints since 1990 had initiated the need for the ordinance. The ordinance is based largely on Apple Valley's and Mounds View's ordinances already in place. The ordinance details five public nuisances. The Chamber of Commerce and Dakota County Board of Realtors were included in discussions on preparation of the ordinance. After publication, in about two weeks, the ordinance will be in effect. Residents issued notices to improve their property will have 35 days to come into compliance. If no attempt is made to comply a citation is issued and it becomes a court case which could be charged as a misdemeanor. MOTION by Anderson to approve the ORDINANCE XVHI.9, BUILDING AND PROPERTY MAINTENANCE ORDINANCE. Second by Wippenmann. Ayes: Wippennann, IvteMenomy, Busho, Anderson. Nays: None. Parks and Recreation /Community Center Director Topitzhofer reviewed the liquor rules for Rosemount parks. At this time Erickson Park is the only park to allow any beer or wine with a permit. Topitzhofer said a substantial amount of business for the parks is going to neighboring city parks because no liquor is allowed. The revised ordinance would allow consumption of wine and 3.2 percent malt liquor. as defined in Minnesota Statues. Section 340A.101, in four Rosemount parks, Erickson, Schwarz, Connemara and Jaycee parks. A permit would be required which would require the hosts' homeowers insurance policy. MOTION by McMenomy to adopt ORDINANCE NO. XVI.30, PERTAINING TO THE CONSUMPTION AND POSSESSION OF LIQUOR IN CITY PARKS, AMENDING ROSEMOUNT CITY CODE SECTION 4 -3 -10. Second by Busho. Ayes: McMenomy, Busho, Anderson, Wippenuann. Nays: None. Parks and Recreation/Community Center Director Topitzhofer noted that Teen Night was attended by 350 plus middle school age youth. Music was held in the banquet center and everyone had fun. The department is looking forward to more programs with additional chaperons. Also, staff is looking at housing the Senior Program at the Community Center. 1 1 1 MOTION by McMenomy to go into a Closed Session for the City Administrator's yearly evaluation. Second by Busho. Ayes: Busho, Anderson, Wippennann, McMenomy. Nays: None. The meeting reconvened at 9:50 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 1995 MOTION by Busho to adjourn the meeting. Second by Wippennann. Ayes: Anderson, Wippenmann, McMenomy, Busho. Nays: None. The meeting was adjourned at 9:54 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 1995 -9. Linda Jentink, Recording Secretary Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 18, 1995 at 7:35 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 LeFevere, City Administrator Burt, Administrative Assistant Walsh, Community Development Director Wasmund, Parks and Recreation/Community Center Director Topitzhofer, Assistant Planner Pearson. Community Development Department Intern McKnight, Public Works Director Osmundson, Finance Director May, Police Chief Knutsen and Fire Chief Aker. Councilmember Anderson requested that Consent Agenda Item 4. i. Fire Department Pay Increases be pulled for discussion at New Business (9.a.). The finance payroll clerk. Jane Gilb, submitted her resignation on April 17, 1995. Staff is requesting Council's acceptance of this resignation and authorization for posting and advertising for her replacement. The Mayor placed this as Item 4. m. Administrative Assistant Walsh submitted additional information for the Fire Department Pay Increases. Finance Director May submitted a written resignation for consideration. MOTION by Wippermann to approve the Consent Agenda after pulling Item 4.i. Fire Department Pay Increases and adding Itemm 4.m. Receive Resignation of Payroll Clerk/Authorize Posting and Advertising of Position. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson. Wippennann. Nays: None. City Administrator Burt reviewed the process used for the Requests For Proposals on the proposed fire station. Eight architectural firms replied and four were selected for interviews. The Fire Chief, Public Works Director, Community Development Director and City Administrator conducted interviews on April 3, 1995. Staff recommended Vetter Johnson Architects, Inc. which had past experience with referendum proceedings and fire stations. The Minnesota Senate has issued a tax freeze which may restrict proceeding with a referendum. Vetter Johnson Architect, Inc. will be directed to begin immediately, charging an hourly rate not to exceed $9000. If the referendum is approved the architect would receive 7.5% of the construction costs for their fee. The Fire Service Task Force will be involved with the referendum process. MOTION by McMenomy to authorize the Mayor and City Administrator on behalf of the City to enter into an agreement with Vetter Johnson Architects, Inc. for architectural services for a new fire station. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann. McMenomy. Nays: None. Mark Vetter of Vetter Johnson Architects, Inc. thanked Council and staff for selecting their fine for the proposed fire station. Vetter said they look forward to working with the residents and that they will be good listeners. They plan a kick off session and will get perimeters arranged early for presentations to the community. Council consensus was in favor of the Graffiti Ordinance. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 1995 Public Works Director /City Engineer Osmundson discussed the White Lake Acres outlet in which the water level has been rising for several years. Dan Lockler, Mr. Manseau, and Mr. Erdrich attended the meeting and agreed with the findings of Osmundson. Residents gave permission to have a survey taken to determine the original water flow plan. The water flow seems to have changed since the construction of Bicardi Avenue built in the late 1960's. Necessary easements and /or Rights Of Entry will be determined and the information brought back to Council in a month. Community Development Director Wasmund presented the Graffiti Ordinance for discussion. Wasmund noted that vandalism has made it necessary to develop this ordinance. Quick removal seems to be the only deterrent and so helps control the wide spread vandalism. Education of youth and the public of the consequences of unlawful graffiti is included with this ordinance. A police investigation would be included, cleanup, restitution, and court proceedings. Police Chief Knutsen reported that in the past month the middle school, high school, a cemetery, and a homeowner have had graffiti damage Earlier the railroad bridge on Hwy 3 near 160th Street had graffiti damage. Councilmember Staats asked for wording changes which would include "intent" with possession of materials used for graffiti damage. City Attorney LeFevere agreed. Mayor McMenomy opened the Public Hearing for the Kuznia -Ped Bituminous Roadways 1995 Mineral Extraction Pennit Renewal. The recording secretary noted that the published, posted, and mailed affidavits were on file. Assistant Planner Pearson reviewed the renewal request of Gregg Dambroten, Project Manager for Bituminous Roadways, Inc. on the property of Otto Ped and Grace Kuznia property. Staff updated the agreement. The Planning Commission recommends its approval. There were no public comments offered. MOTION by Wippermann to close the Public Hearing for the Kuznia -Ped Bituminous Roadways 1995 Mineral Extraction Permit Renewal. Second by Anderson. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. MOTION by Wippennann to adopt A RESOLUTION APPROVING THE 1995 RENEWAL OF THE MINERAL EXTRACTION PERMIT FOR PED- KUZNIA/BITUNHNOUS ROADWAYS. Second by Staats. Ayes: Anderson, Wippennann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy opened the Public Hearing for the Fast Track Ordinance Text Amendment. The recording secretary noted that the published, posted, and mailed affidavits were on file. Assistant Planner Pearson explained the Fast Track Ordinance Text Amendment. This would encourage new commercial development and expansion of existing businesses by speeding up the planning process by about 45 days and it guarantees higher building standards. The 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 1995 Planning Commission unanimously recommended its approval. There were no public comments offered. MOTION by Busho to close the Public Hearing for the Fast Track Ordinance Text Amendment. Second by Staats. Ayes: Wippennann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by Anderson to approve ORDINANCE NO. B -53 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE BY PROVIDING FOR AN ACCELERATED REVIEW PROCESS AND BUILDING AND SITE PLANS AND ESTABLISHING ADDITIONAL SITE AND BUILDING DESIGN STANDARDS FOR THE BP BUSINESS PARK DISTRICT and the Summary Publication of the Ordinance as provided for by state law. Second by Busho. Ayes: McMenomy. Staats, Busho, Anderson, Wippermann. Nays: None. Assistant Planner Pearson said that City Attorney LeFevere, the Planning Commission, and the Parks and Recreation Committee worked with Parks and Recreation /Community Center Director Topitzhofer to clarify the language and make the Park Dedication Ordinance more user friendly. No increases were recommended. The language was put into conformance with state statutes. All the above mentioned groups recommend its approval. MOTION by Wippermann to close the Public Hearing for Park Dedication: subdivision Ordinance (Ord. XVII.4) Text Amendment. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippennann. Nays: None. MOTION by Wippermann to adopt ORDINANCE NO. XVH.103 AN ORDINANCE AMENDING ORDINANCE NO. XVII.4 RELATING TO PARK DEDICATION. Second by Staats. Ayes: Busho, Anderson, Wippennann, McMenomy, Staats. Nays: None. Councilmember Anderson noted that discussion was requested on the Fire Department pay increases because of budget restraints now and since the agreement was for five years Anderson voiced concerns of pledging amounts that far in the future. Administrative Assistant Walsh said she appreciated Councilmember Anderson's concerns. Walsh provided additional infonnation on surrounding city's fire department pay. Each fire department is organized differently so comparisons can be difficult. The salary plan was proposed and recommended by Fire Department membership. It would allow the fire department to have an increase for 1995 and the 1995 salaries would not increase for the next four years. Fire Chief Scot Aker infornied the Council that the proposed salary plan would be a cost savings over the next five years as opposed to possibly asking for annual adjustments on a yearly basis. Council asked for clarification on several issues by the Fire Chief and City Attorney. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 1995 MOTION by McMenomy to approve the fire department pay increases which will not be increased prior to the year 2000. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: Anderson. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. The meeting was adjourned at 8:45 p.ni. Respectfully submitted, The City Council Agenda Packet is Clerk's File 1995 -10. Linda Jentink, Recording Secretary Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. May 2. 1995 at 7:31 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. Also present were City Attorney LeFevere. City Administrator Burt, Parks and Recreation Community Center Director Topitzhofer, Community Development Department Intern McKnight, Public Works Director Osmundson, Finance Director May, and Police Chief Knutsen. Mayor McMenomy led the group in the Pledge of Allegiance. Consent Agenda Item 4.k. was pulled for discussion under Old Business. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 1995 Public Works Director Osmundson introduced National Drinking Water Week and asked the Mayor to proclaim the week of May 7 through May 13, 1995, as such. Osmundson noted several facts about water to help us appreciate its value. The earth's water supply has not increased since the beginning of time. 97% of the earths water is in the oceans and seas leaving only 3% as usable for human consumption. In the United States there are 59,000 community public water systems with over 1 million miles of water pipelines. Rosemount will need to plan for a new well in about four years. The average household uses 107,000 gallons of water per year. Mayor McMenomy read the proclamation. MOTION by McMenomy to approve the Consent Agenda after pulling Item 4.k. Receive Bids /Award Contract, Wachter 186A Drainage Outlet Improvements, City Project 257 for discussion. Second by Staats. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: None. Public Works Director Osmundson reviewed the bidding process for City Project 257, Wachter 186A Drainage Outlet Improvements. The project will require easements to be made with an agreement with the land owner. If for some reason it cannot he obtained, the condemnation process may be used. Staff would like to proceed with negotiations before the contract is awarded. MOTION by McMenomy to receive bids on the Wachter 186A Drainage Outlet Improvements, City Project 257. Second by Wippermann. Ayes: Wippennann, McMenomy, Staats, Busho. Nays: None. Parks and Recreation /Community Center Director Topitzhofer and Jamie Steckart Resource Coordinator presented information on a proposed Family Service Center and a grant application to the McKnight Foundation. They requested City Council's support of the concept. Council was concerned with the funding obligations this might cause. Grants may not be able to cover the entire expense. Topitzhofer explained how each item is inter related and that the aim of this is prevention of crime and chemical abuse especially for youth. Staff agreed to write a cover letter to further explain the City Council's position for the grant application. Sheila Klassen, 12430 Canada Court, representing Rosemount Partnership Program (RPP) offered to have a meeting with City Council and City Commissions so that questions could be answered and details could be explained on the Family Service Center. Because of the progress being made and the grant application attention has been gained from a Rochester newspaper and other ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 1995 surrounding cities interested in the concept of prevention and organizations working with city government. Klassen stated that the City of Rosemount is doing ground breaking work here. MOTION by Busho to approve the RESOLUTION CONFIRMING SUPPORT AND USE OF THE PROPOSED FAMILY SERVICE CENTER and to instruct staff to fax a copy of the resolution to the McKnight Foundation no later than May 5, 1995, including a cover letter. Second by McMenomy. Ayes: McMenomy, Staats, Busho, Wippennann. Nays: None. Senior Planner Mack reviewed the Mallard Pond Administrative Plat. Planning Commission recommended approval of the subdivision on February 14, 1995. The developer is Winkler Development. City Council conducted a public hearing on March 7, 1995, however action was tabled due to a recorded lot split in 1988. The lots have now been replatted and in addition include easements requested by the city engineer. MOTION by Wippennann to adopt A RESOLUTION APPROVING THE MALLARD POND ADMINISTRATIVE PLAT. Second by Staats. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. Finance Director May discussed the personnel changes in the Finance Department. This is an opportunity to review the value of the Deputy Registrar's office. Revenues have remained fairly consistent since 1985 even though the population has doubled. Figures indicate that only about 30% of the people using this office are residents of Rosemount. It is a service to the residents which costs roughly $10,000 per year. Council requested feedback from residents. Staff was directed to put out a press release. MOTION by McMenomy to accept the resignation of Nancy Vandergon, Deputy Registrar Clerk. Second by Wippermann. Ayes: Busho, Wippennann, McMenomy, Staats. Nays: None. City Administrator Burt announced the resignation of Jeff Moser from the Port Authority due to work related changes. Staff will check his term length and determine how to proceed. Public Works Director Osmundson reviewed information with several residents affected by the Wachter 186A Drainage Outlet Improvements, City Project 257. Osmundson noted that pipe would likely be laid in June in their backyards with a three week construction period. Dan Hanscom thanked Osmundson and asked City Council and the Utility Commission for their help with the possible assessment. MOTION by McMenomy to adjourn the meeting. Second by Busho. Ayes: Wippennann, McMenomy, Staats, Busho. Nays: None. The meeting was adjourned at 8:27 p.m. Respectfully submitted, Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1995 -11. 2 Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 16, 1995 beginning at 7:37 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Wippermann, Staats Busho, and Anderson present. Also present were City Attorney LeFevere, City Administrator Burt, Parks and Recreation/Community Center Director Topitzhofer, Public Works Director Osmundson, Senior Planner Mack, and Police Chief Knutsen. Agenda Item 8.c. was added under Old Business by Public Works Director Osmundson, Award Contract for Wachter 186A Outlet Improvements, City Project 257. City Administrator Burt reviewed a request by residents for a four -way stop at the corner of 153rd Street and Darjeeling Path. The Police Department did a speed survey showing an average of 28 mph. There were no residents present to speak on the topic; discussion was deferred to the end of the meeting. MOTION by Wippennann to approve the Consent Agenda with a name correction to the May 2, 1995 City Council minutes on page two. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. City Administrator Burt explained the benefits of a construction manager for the proposed fire station. This often reduces the number of change orders, helps keep the project on time, and reduces costs. There will be no cost to the City for the construction manager unless the referendum endorsing the fire station is approved. MOTION by McMenomy to authorize the Mayor and City Administrator to enter into an agreement with AMCON CM for Construction Management and inspection services of the proposed Fire Station. Second by Wippermann. Ayes: Wippennann, McMenomy, Staats, Busho, Anderson. Nays: None. Port Authority Commissioner Jeff Moser has presented his formal resignation due to conflicts with his employment. City Administrator Burt reconm]ended advertising to fill the position which runs to 1998. MOTION by Wippermann to accept the resignation of Jeff Moser from the Port Authority Commission. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson, Wippernnann. Nays: None. MOTION by Wippermann to direct staff to advertise for the Port Authority position and appoint a new member as soon as possible with a tern] to run to 1998. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Public Works Director Osmundson reviewed City Project 257. Wachter 186A Outlet Improvements. Easements were just obtained today from the primary land owner. The total cost will be approximately $110,000. Council discussed possible assessments. Osumntlson noted that funds have been obtained from the Storm Water Utility Fund. City Attorney ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 1995 LeFevere noted that proof of benefit would have to be proven and a public hearing held to assess property owners. MOTION by Wippermann to receive bids and award the contract for Wachter 186A Drainage Outlet Improvements, City Project 257. Second by Staats. Ayes: Busho, Wippermann, Staats. Nays: Anderson, McMenomy. Mayor E.B. McMenomy opened the Public Hearing for the Off -Sale Liquor License Application for Rosemount Liquors, Inc. at 15070 Chippendale Avenue. The recording secretary noted that the affidavits of posted and mailed notice were on file. City Administrator Burt said that staff had researched the background of the applicant, Mr. Rishi Mohabir and found no reason to deny the liquor license. Mr. Mohabir was in the audience to answer any questions. Council questioned the Police Chief and City Attorney about what activities would be grounds not to grant a liquor license. MOTION by Wippermann to close the Public Hearing for Rosemount Liquors Inc.. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by Wippermann to approve issuance of an Off -Sale Liquor License to Rosemount Liquors, Inc. effective through December 31, 1995 subject to the City Clerk receiving a Certificate of Insurance for liquor liability insurance. Second by Busho. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Mayor McMenomy opened the Public Hearing for Diamond Path Trunk Watermain Improvements, City Project 267. The affidavits of posted and mailed notice were on file. Public Works Director Osmmndson reviewed City Project 267 and noted that it complied with the 1988 Comprehensive Potable Water System Plan for the City of Rosemount which recommended that this line be installed due to water supply concerns in the southwest corner of Section 30. Approximately 1,500 feet of twelve inch watermain from 152nd Street and Diamond Path to the intersection of Delft and Dodd Boulevard. This will insure that in case of a home fire the Fire Department would have enough water flow and residents would be able to continue normal usage. MOTION by McMenomy to close the Public Hearing for the Diamond Path Trunk Waternain, City Project 267. Second by Anderson. Ayes: McMenomy, Staats, Busho, Anderson, Wippennann. Nays: None. MOTION by Anderson to ADOPT A RESOLUTION FOR THE APPROVAL OF THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR: DIA&IOND PATH TRUNK WATERMAIN, CITY PROJECT 267. Second by Wippenuamt. Ayes: Staats, Busho, Anderson, Wippenmann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for the Rechtzigel Agricultural Lot Division. The affidavits of posted and mailed notice were on file. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 1995 Senior Planner Mack reviewed the Rechtzigel Agricultural Lot Division request for 90 acres on the southwest corner of CSAH 42 and TH 52. The Planning Commission recommended denial of the request based on denied variances necessary to support the lot division. Mr. and Mrs. Rechtzigel indicated that they would appeal the decision from the Board of Appeals and Adjustments to City Council on June 6th, 1995. Therefore staff is recommending a continuance on the lot division until Council hears the varience appeal. MOTION by McMenomy to continue the Public Hearing for the Rechtizigel Agricultural Lot Division until June 6. 1995. Second by Staats. Ayes: Busho, Anderson, Wippennann, McMenomy, Staats. Nays: None. Police Chief Knutsen reviewed the Cops Fast grant program promoted by President Clinton. It allows Rosemount to receive $75,000 over a three year period which can allow an additional officer to cover juvenile school liaison (D.A.R.E.) position and an investigator position. Additional funds will be sought from Independent School District 196. Todd Winters, currently Rosemount's Community Service Officer. is recommended for the full time police officer position. MOTION by McMenomy to accept the Cops Fast Grant, to promote Todd Winters as a police officer subject to a successful physical and psychological examination, and to fill the vacant community service officer position. Second by Wippennann. Ayes: Anderson, Wippen nann, McMenomy, Staats. Nays: None. Present: Busho. The proposed Capital Improvement Program for Dakota County was given to staff to review. Public Works Director /City Engineer Osmundson noted the main projects in Rosemount are County Road 73 to be reconstructed from Cliff Road in Inver Grove Heights to County Road 42 in 1997; County Road 38 from Highway 3 to Akron Avenue in 1998; and 160th Street from Apple Valley to Highway 3. City Council suggested that a library be requested and staff recommended the improvement of the intersection of County Road 42 and Highway 52. MOTION by McMenomy to authorize staff to send a letter to Dakota County stating the City's position on the Dakota County Capital Improvement Program with the addition of a library and improvements to the intersection of County Road 42 and Highway 52. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. City Administrator Burt requested City Council to change their first regular July meeting due to the July 4th holiday. MOTION by Wippernnann to reschedule the first regular City Council meeting to July 5, 1995. Second by McMenomy. Ayes: McMenomy, Staats. Busho, Anderson, Wippermarm. Nays: None. City Administrator Burt received a petition from neighbors for a four -way stop at the corner of 153rd Street and Darjeeling Path. The Police Department did a speed survey showing an average of 28 mph. In December of 1993 city staff completed an investigation of this area. In order to be consistent and place signs where needed staff would like to follow the warrants 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 1995 as set out in the "Minnesota Manual on Uniform Traffic Control Devices Studies have shown that when there are too many signs they are often ignored and when added stops are made drivers speed up to make up the lost time. To avoid this situation staff would like to conduct another investigation. MOTION by McMenomy to install a stop sign. Due to lack of a second the motion was dropped. Discussion followed. MOTION by McMenomy to receive the petition and direct staff to conduct a traffic study to determine warrants for traffic control. Second by Wippermann. Ayes: Staats, Busho. Anderson, Wippermann, McMenomy. Nays: None. Mayor McMenomy requested planning staff to work with the developer on cleaning up the northwest corner of Shannon Parkway and 160th Street. Councihnember Wippermann questioned a Parks and Recreation Committee agenda item which suggested a joint meeting with the Parks and Recreation Committee and Rosemount Partnership Program to be called by the City Council. All though the communication idea is good, the perception that City Council is conducting the meeting would not be valid. The City Attorney advised that the "Open Meeting Law" should be considered here. City Council decided not to take any action for a formal meeting to be called. Staff was directed to prepare a letter to the Parks and Recreation Committee that City Council decided that a park referendum is not appropriate because of the financial conditions at this time. MOTION by McMenomy to adjourn the meeting. Second by Wippennann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. The meeting was adjourned at 9:50 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 1995 -12. Linda Jentink, Recording Secretary Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 6, 1995 beginning 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 Wippemtann, Staats Busho, and Anderson present. Also present were City Attorney LeFevere, City Administrator Burt, Administrative Assistant Walsh, Parks and Recreation /Community Center Director Topitzhofer, Public Works Director Osmundson, Community Development Director Wasmund, Senior Planner Mack, Assistant Planner Pearson, and Finance Director May. Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 1995 The Consent Agenda was amended by removing 4.q. Keystone Addition Concept Planned Unit Development and Preliminary Plat: Set Public Hearing and moving 4. 1. Leprechaun Days Service Agreement to New Business, Item 11.e., for discussion. Penny Butler, Rosemount's representative for Dakota Alliance for Prevention (DAP) gave an overview of DAP's goals and programs. It is a 25 member partnership in Dakota County working off a 5 year grant which will run out in December of 1996. The City Council's support and interest is very important to keep this program on- going. Part of DAP's goals are to educate and motivate and raise public awareness. Kids need to be aware of healthy choices especially when it involves drugs or violence. Prevention is nearly always a long term goal and can't be achieved in just a few years. Council thanked Ms. Butler for her involvement and good work. Public Works Director Osmundson reviewed a meeting with Minnesota Department of Transportation (MNDOT) for accesses onto Highway 3 between County Road 42 and 160th Street. GTI Theaters had requested an access onto Highway 3 from their parking lot which was denied by MNDOT because of safety due to the curve and railroad bridge. An access near CR42 would be allowed on the south property line of Carlson's Tractor, Inc., and it would require both a right and left turn lane off of Highway 3. An extension of Canada Avenue would need a railroad crossing so both cost and liability would be high. An access near 160th Street near Johnson Welding would be allowed only if Canada Avenue is not extended across Highway 3. This would also require turn lane construction. Accesses to the east will be considered as development occurs. MOTION by Wippermann to approve the Consent Agenda with a change to page 4 of the City Council minutes of May 16, 1995 and having two Items pulled: Items 4.1 Leprechaun Days Service Agreement and 4.q Keystone Addition Concept Planned Unit Development and Preliminary Plat: Set Public Hearing. Second by Busho. Ayes: Staats, Busho, Anderson, Wippennann, McMenomy. Nays: None. Item 4.1. was moved to New Business for discussion and Item 4.q. will be on the next City Council agenda. Administrative Assistant Walsh explained the first draft of the Charitable Gambling Ordinance and responses that were received from organizations and businesses. One regulation of the proposed ordinance will require charitable gambling organizations to expend annually 80% of 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 1995 its donations within Rosemount or in cities contiguous to Rosemount's boundaries. Discussion was held on how the organizations could substantiate this requirement and what reports should be filed with the City Clerk. The Charitable Gambling Ordinance will be brought back to City Council at the next regular meeting. Mayor McMenomy opened the Public Hearing for the Solberg Aggregate Mineral Extraction Pennit Renewal for 1995. The recording secretary noted that the affidavits of posted and mailed notice were on file. Assistant Planner Pearson reviewed the renewal of the Solberg Aggregate Mineral Extraction Pennit. The Planning Commission recommended its approval subject to conditions. Marlin Rechtzigel, 14727 Clayton Avenue, asked about the setbacks for the extraction pit on the Solberg property which are 25 feet to Highway 55 on the west side and 30 feet on the north side. MOTION by McMenomy to close the Public Hearing for the Solberg Aggregate Mineral Extraction Permit Renewal for 1995. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. MOTION by Wippermann to adopt A RESOLUTION APPROVING TILE SOLBERG AGGREGATE 1995 MINERAL EXTRACTION PERMIT WITH CONDITIONS. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy opened the Public Hearing for JoAnn and Marlin Rechtzigel Appeal of Board of Appeals Variance Denial at 14727 Clayton Avenue. The recording secretary noted that the affidavits of posted and mailed notice were on file. Assistant Planner Pearson reviewed the Rechtzigel request to divide their farmstead into a 10 acre parcel with the home and one out building and an 80 acre parcel intended to he farmed by their son. This would cause three variances: the lot width frontage is 200 feet rather than 300 feet and two side yard setback variances in order to keep the one out building with the house. The size of the 10 acre lot allows the owner to maintain the green acres tax reduction program. JoAnn Rechtzigel, 14727 Clayton Avenue, noted that three generations have farmed this area for 43 years and they desire to have their son continue. The surrounding land use is farming and this lot split would not change any accesses or neighboring lot lines. Mrs. Rechtzigel requested a waiver of the $100 variance fee. Dennis Ozment, 3275 145th Street East, a neighbor of Mr. Rechtzigel, commented in favor of the lot split noting that keeping it agricultural is consistent with the land use. Staff said that the lot width frontage was changed when the on ramp to Highway 55 from County Road 42 road improvement was made. This could be considered a hardship and justify that variance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 1995 Otto Ped, 4992 145th Street East, a neighbor of' Mr. Rechtzigel, commented in favor of the lot split noting that they should be able to continue the Agriculture Preserve Policy. Mark DeBettignies, 2733 Upper 138th Street West, a Rosemount Planning Commissioner, reminded City Council that they would be voting only on the three variances tonight. MOTION by McMenomy to close the Public Hearing for JoAnn and Marlin Rechtzigel Appeal of Board of Appeals Variance Denial at 14727 Clayton Avenue. Second by Wippermann. Ayes: Wipperrnann, McMenomy, Staats, Busho, Anderson. Nays: None. Wippermann said that the goals noted in the Comprehensive Guide Plan are to continue long term agricultural use and have agricultural use on lands having a future commercial/industrial zoning possibility such as Rechtzigel's land. The frontage issue is clearly a hardship due to the Highway 55 on ramp. The building variances are internal to the property and do not affect any neighbors. The Planning Commission followed the Zoning Ordinance correctly and did their job well. Now the City Council has the opportunity to be more flexible and examine the individual specifics to this appeal. City Attorney LeFevere noted the support of the variances needs to be listed in a "finding of facts" so a precedent is not set. The hardships need to be articulated. MOTION by McMenomy to direct the City Attorney to prepare findings of fact to support granting the variances for JoAnn and Marlin Rechtzigel, 14727 Clayton Avenue, agricultural lot subdivision request. Second by Wippermann. No poll was taken. Discussion ensued. The motion was amended to: MOTION by McMenomy to direct the City Attorney to prepare findings of fact to support granting the variances for JoAnn and Marlin Rechtzigel, 14727 Clayton Avenue, agricultural lot subdivision request including conditions. Second by Wippermann. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: Anderson. Mayor McMenomy opened the Public Heating for JoAnn and Marlin Rechtzigel Agricultural Lot Subdivision Request (14727 Clayton Avenue). The recording secretary noted that the affidavits of posted and mailed notice were on file. Assistant Planner Pearson noted that in light of the motion just made on the Rechtzigel lot subdivision there should be some conditions attached to the approval possibly including payment of two units of park dedication, dedication of cross access easements for shared use of existing driveways, and approval of the subdivision by the Dakota County Plat Commission, and a G.I.S. fee of $50.00 per lot. Staff recommends tabling the public hearing until the conditions can be negotiated with the Rechtzigels. MOTION by Wippermann to close the public hearing for the JoAnn and Marlin Rechtzigel Agricultural Lot Subdivision Request (14727 Clayton Avenue). Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. 3 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 1995 MOTION by Wippermann to table action on the public hearing for JoAnn and Marlin Rechtzigel Agricultural Lot Subdivision Request (14727 Clayton Avenue) pending variance conditions. Second by Staats. Ayes: Anderson, Wippermann. McMenomy, Staats, Busho. Nays: None. Assistant Planner Pearson reviewed the request by Hampton Development Corporation for a Planned Unit Development, preliminary plat and rezoning for Shannon Pond East Development. Jim Allen and Gary Bergquist have planned 77 single family lots on a 38 acre parcel on the northeast corner of Shannon Parkway and 160th Street. Osmundson noted that easements are needed into the ponding area since this is not a city owned pond. The development is planned in phases with the first beginning in the northwest comer of the parcel with 20 to 30 homes. Bill Deane, 15670 Crestone Court, commented that the land is quite low for building. Osmundson noted that grading will raise the area to the level necessary. Gary Bergquist, Hampton Development Corporation, said that homes should be valued at $152,000 to $190,000. Bergquist commented on the large amount of waste concrete discovered that is being hauled away. MOTION by McMenomy to close the Public Hearing for Shannon Pond East Residential Planned Unit Development, Preliminary Plat and Rezoning. Second by Wippenmann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE SHANNON POND EAST PLANNED UNIT DEVELOPMENT WITH CONDITIONS AND PRELIMINARY PLAT AND AUTHORIZING THE EXECUTION OF A PLANNED UNIT DEVELOPMENT AND MASTER SUBDIVISION DEVELOPMENT AGREEMENT. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by Busho to table action regarding the rezoning to R -1 Single Family Residential Detached until approval of a final plat for each applicable phase of the Shannon Pond East Planned Unit Development. Second by Staats. Ayes: Staats, Busho, Anderson, Wippernann, McMenomy. Nays: None. Mayor McMenomy called for a five minute break. The meeting was reconvened at 9:23 p.m. Mayor McMenomy opened the Public Hearing for Shannon Meadows Residential Planned Unit Development Concept Review. The recording secretary noted that the affidavits of posted and mailed notice were on file. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 1995 Assistant Planner Pearson reviewed the Planned Unit Development for Shannon Meadows located near Hawkins Pond and 145th Street and Shannon Parkway. Developer Jack Gassner is requesting smaller lot areas and width standards but providing open space and three ponds. Kevin Reidelandall, RLK and Associates, noted that the home styles offer a wide variety of homes. Mr. Gassner noted that covenants have not yet been discussed and that home values should be about $125,000 to $155,000. John Hawkins, 4173 145th Street West, will be a neighbor to the Shannon Meadows Development. He was in favor of the plat. Hawkins would like the larger pond near by to be treated with a seal filler in order to have the pond retain water better. MOTION by McMenomy to close the Public Hearing for the Shannon Meadows Residential Planned Unit Development Concept Review. Second by Wippermann. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. The City Council voiced some concerns on the lot width and density and indicated they would be in favor of the subdivision but with larger lots. Renee Stevenson, 14600 Cameo Avenue, said that many people do not want a large lawn to take care of. It is a new concept, but probably a good one. City Attorney LeFevere advised it would be best to revert the concept plan for Shannon Meadows back to the Planning Commission for changes to reduce variances. MOTION by McMenomy to table the Shannon Meadows Residential Planned Unit Development Concept Review and refer this back to staff and the Planning Commission to revise the lot size and to reduce the number of variances after which it will be retumed to the City Council for consideration. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Finance Director May further reviewed the operations of the Deputy Registrar office in City Hall and still recommends closing that office due to the budget restraints and staff reduction. Councilmember Busho requested the Deputy Registrar office remain open because of the service it provides for the residents. Once it would be closed the State has said that the City of Rosemount would not be permitted to ever have another deputy registrar office. Busho would like to see extended hours to better serve the residents. MOTION by McMenomy to authorize the posting and advertising for the replacement of the Deputy Registrar Clerk. Second by Wippermann. Ayes: Wippermann, McMenomy, Busho, Anderson. Nays: Staats. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 1995 MOTION by Busho to authorize staff to apply for the Oak Wilt Suppression Program Grant. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by McMenomy to adopt A RESOLUTION SUPPORTING CONTINUED BUDGETING FOR THE ROSEMOUNT WASTEWATER TREATMENT PLANT EXPANSION PROJECT. Second by Anderson. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to move Item 11.d. Overlay Project Discussion to the next regular City Council meeting for discussion. Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Administrative Assistant Walsh reviewed the Leprechaun Days Service Agreement. City Attorney LeFevere noted that this will allow organizations, businesses and individuals to receive favorable tax treatment from their donations. Councilmember Busho is on the Leprechaun Days Committee and so abstained from voting. MOTION by Wippermann to approve the Service Agreement between the City of Rosemount and Leprechaun Days authorizing the Mayor and City Clerk to execute the Agreement. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats. Nays: None. Abstain: Busho. Otto Ped, 4992 145th Street East, asked to express his concern for the speeding cars on County Road 42 and the frequent occurrence of passing on the right even though this is a bike lane. Councilmembers Staats and Wippermann have noted the same thing on McAndrews Road. Staff was requested to send letters to the county and state to possibly increase signage (i.e. No passing on shoulder, Bike Lane) and further enforce vehicle laws. Council discussed whether to extend the deadline for accepting port authority commissioner applications or to set interviews for the June 20, 1995, meeting. Councilmembers agreed that if no other applications are received, the deadline should be extended to June 23, 1995. If more applications are received, the interviews should be scheduled to be held before the city council meeting on June 20, 1995. If a port authority meeting is held that evening, then the interviews should be scheduled after the city council meeting. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. The meeting was adjourned at 11:15 p.m. Respectfully submitted, Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1995 -13. 6 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 20, 1995, 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 City Administrator Burt, Public Works Director Osmundson, Community Development Director Wasmund, Parks and Recreation Director Topitzhofer, Senior Planner Mack, Assistant Planner Pearson, and City Attorney LeFevere. Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 1995 The consent agenda was amended by adding McAndrews speed limit under new business and pulling item 4.G. "No Parking" on 130th Street for discussion under new business. Public Works Director Osmundson explained that because of a number of complaints on the disrepair of sidewalks in the older part of Rosemount, funds have been encumbered for a repair project this year. Staff has identified the areas to be repaired and has estimated that the project will cost approximately $20,000. Requests for contractor quotations will be sent out. Osmundson requested that council consider the fact that some of these sidewalks will be replaced during the Cameo Avenue reconstruction project next year and advised that it may not make sense to repair those sidewalks this year. Staff assured the city council that the Cameo Avenue project was a number one priority in the 1996 budget and should take place. Council directed staff to repair the Cameo Avenue sidewalks in -house with asphalt patching and replace the other sidewalk panels identified as needing repair. MOTION by Wippermann to approve the consent agenda with the removal of item 4.G. SECOND by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: O. Assistant Planner Pearson reviewed staff correspondence regarding the 30 -lot Shannon Meadows Concept PUD/Preliminary Plat. Councilmembers discussed the need to study whether a small easement can be obtained for a trail between some of the lots to Hawkins Pond. Staff advised that the Parks and Recreation Committee will be asked to study this issue for recommendations. Also discussed was whether the detention pond designated on the grading plan is sufficient to support flooding, concerns regarding maintenance of Block 3, Lot 3 with its panhandle design, and whether the PUD will regulate fences on the double fronted lots. MOTION by McMenomy to approve the concept for Shannon Meadows Residential Planned Unit Development subject to: 1) relocation of utilities and approval of grading and utility plans by the City engineer, 2) granting approval of the minor variances to lot dimensional standards in accordance with findings established in Section 12.2D of the City of Rosemount Zoning Ordinance; 3) conformance with the City of Rosemount Zoning Ordinance requirements for final development plan review for Planned Unit Development per Section 12.2; and 4) conformance with the City of Rosemount Subdivision requirements for preliminary and final plat. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 1995 Mayor McMenomy called for a three minute recess. Meeting reconvened at 8 p.m. Mayor McMenomy opened the Public Hearing for the Eastbridge PUD Amendment Request. The recording secretary advised that the affidavits of posted and mailed notice were on file. Senior Planner Mack provided an overview of CMC Heartland's request to amend the Eastbridge PUD condition requiring execution of an agreement with CP Rail to relocate their spur line to Greif Brothers. Because most of the other conditions listed in the PUD have been met, this amendment would allow CMC to proceed with final platting of their project. Mack explained that the majority of the Planting Commission felt that this agreement is critical to the overall PUD project design and therefore the amendment should be denied. Staff also recommended retaining the condition as a means of ensuring that the spur line relocation issue will be resolved. Statements were heard from the following audience members: Harry Willcox, 14674 Danville Avenue West, requested clarification regarding the size and zoning classification of Outlot E on the preliminary plat and voiced concern that the city should not get in the middle of the conflict between CMC Heartland and the Soo Line Railroad. Renee Stevenson, 14600 Cameo Avenue, questioned whether the spur line would be relocated at CMC's expense or with city assistance, specifically TIF assistance. Glen Sexton, Director of Construction for CMC, presented arguments for the approval of the PUD amendment. Larry Adelson, General Counsel for CMC, explained CMC's relationship with the Soo Line. John Lamoureaux, Project Manager for CMC, explained that CMC has completed a preliminary report analyzing the noise levels near the spur line at Greif Brothers. Mr Lamoureaux advised that the noise levels are well below MPCA standards. Mr Lamoureaux also showed pictures of other developments near railroad tracks. Arlyn Cope, 14700 South Robert Trail, commented on the train traffic and noise levels behind his business. Rich Stauder, Assistant Plant Manager for Greif Brothers, refuted rumors that Greif Brothers has not been cooperative Gerald Mattson, 15335 Danbury Avenue, stated that the city should put business interests first and should consider the need of Greif Brothers Marie Jensen, 14325 Cameo Avenue (representing SOS Machine Company, Inc.), expressed the company's concern on the impact the development could have on Greif Brothers. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 1995 Reid Hansen, 12490 Canada Court (legal counsel representing CMC) reviewed conditions set out for the PUD and presented arguments for approving the PUD amendment. MOTION by McMenomy to close the Public Hearing. SECOND by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: 0. Mayor McMenomy called for a three minute recess. The meeting reconvened at 9:14 p.m. After council discussion, a majority concurred that approval of the final plat needs to be contingent upon an agreement in place that the railroad spur be relocated. MOTION by Anderson directing the City Attorney to prepare findings of fact consistent with denial of the request to amend the Eastbridge PUD Final Development Plan approval condition requiring execution of an agreement with the CP Rail providing for the relocation of the railroad spur. SECOND by Busho. Ayes: Busho, Anderson, Wippermann. Nays: Staats, McMenomy. Public Works Director Osmundson informed the council that streets in the Motz Addition have begun alligator cracking and are in need of a structural overlay, which would be in lieu of sealcoating or total construction. The estimated cost of the project is approximately $25,000 to $30,000. Osmundson recommended that the improvements be done, but requested that council direct staff on how to pay for the project. It was explained that the Assessment Policy stipulates that 75 percent of the cost of such a project should be assessed to the residents in the area of the project. After discussion, council concurred that 75 percent was too high and after reviewing other cities' policies regarding assessments, agreed that 35 percent was a more realistic figure. Staff was directed to figure an appropriate maximum amount of assessment and make a recommendation at the next meeting. Osmundson advised that staff would also present the feasibility report, plans and specs, and a recommendation to set the public hearing for July 18, at the next meeting. Parks and Recreation Director Topitzhofer advised that the Rosemount Historical Preservation is requesting approval to relocate the old Baptist church to the northeast portion of Schwarz Park and lease the land that it sits on from the city. Once relocated the church will be refurbished and used as a chapel, historical information center, and will display historical relics. Topitzhofer explained that the historical society is expecting to raise funds for the project but would like some city staff assistance, i.e. technical support. Council favored the project but voiced concerns regarding the amount of staff time used for the project, assurance that safeguards will be built into the lease agreement to address maintenance responsibility of the facility, and the timing of sewer and water to the building. Staff was directed to work with legal counsel and the Rosemount Historical Preservation on a lease agreement and present it to the Parks and Recreation Committee. Councilmember Wippermann advised that he has been contacted by McAndrews Road residents regarding the recent speed limit change from 50 m.p.h. to 55 m.p.h. and explained that they are 3 dissatisfied with the change. Wippermann questioned staff on what recourse the city has to ask the county to revert back to the old speed limit. Staff advised that the county has done speed studies which justified the speed limit change. When staff inquired about changing back to the original speed limit, county staff was not open to the suggestion. City Administrator Burt recommended that a letter from the mayor be sent to Commissioner Loeding requesting that the speed limit be changed. Council agreed that the letter should request that the speed limit be reduced to 45 m.p.h. Councilmernber Staats request that "No Parking" signs be posted on the west side of Bolivia Avenue, 150 feet north of 130th Street along with the other signs on 130th Street. MOTION by Anderson to adopt an amended resolution directing placement of Parking" signs along 130th Street between Trunk Highway 3 and Bolivia Avenue and the west side of Bolivia Avenue 150 feet north of 130th Street. SECOND by Staats. Ayes: Busho, Anderson, Wippermann, McMenonty, Staats. Nays: None. MOTION by Busho to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. Meeting adjourned at 10:28 p.m. The City Council Agenda Packet is Clerk's File 1995 -15 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 1995 Respectfully submitted, Wukai\-, Deborah Widstrom Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING .JUNE 20, 1995 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Tuesday, June 20, 1995, at 6:00 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 Wippennann present. Staff present included City Administrator Burt. The purpose of the meeting was to hold interviews for the port authority commissioner vacancy left open by the resignation of Jeff Moser. City Council interviewed the following applicants: Ken Ingram, Alvin Meyer, Robert Thompson, and Jeff Casper. MOTION by Anderson to offer the position of Port Authority Commissioner to Jeff Caspar. Second by Wippennann. Ayes: 5. Nays: 0. MOTION by Busho to adjourn. Second by Wippermann. Ayes: 5. Nays: 0. Meeting adjourned at 7:00 p.m. The City Council agenda packet is Clerk's File 1995 -14. Respectfully submitted, 1 Thomas D. Burt City Administrator Mayor McMenomy lead the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Wednesday, July 5, 1995 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. Staff present included: City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Senior Planner Mack, Assistant Planner Pearson, Finance Director May, Conununity Development Director Wasmund, and Administrative Assistant Walsh. The agenda was amended by Mayor McMenomy adding Item 8.d. National Guard Invitation for Rosemount Day and Councilmember Busho adding Leprechaun Days under ANNOUNCEMENTS, Item 9. Additional information was handed out to councilmembers for Item 8.a. 1995 Bond Issue Authorizing Issuance and Setting Bond Sale (1995A) an updated resolution for Item 7 a. Rechtzigel Agricultural Subdivision Variance Appeal Findings of Fact and Conditions of Approval a resolution for the Keystone Development Planned Unit Development, Item 5. Public Hearing, and Attorney Reid Hansen submitted a CMC version of Findings of Fact for CMC Heartland Partners Eastbridge Planned Unit Development, Item 7.b. MOTION by Wippermann to approve the Consent Agenda. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Assistant Planner Pearson reviewed the Rechtzigel Agricultural Subdivision Variance Appeal Findings of Fact and Conditions of Approval citing a reduction in the requirement for park dedication fees from two units to one. Marlin Rechtzigel, 14727 Clayton Avenue, said he felt he should not pay any park dedication fee since there would not be a change to the number of residents due to his lot division. MOTION by Wippermann to adopt A RESOLUTION IN REAPPLICATION OF JOANN AND MARLIN RECHTZIGEL MAKING FINDINGS AND ORDER GRANTING OF VARIANCE. Second by Busho. Ayes: Wippermann, McMenomy, Staats, Anderson, Busho. Nays: None. MOTION by Wippermann to adopt A RESOLUTION APPROVING AN AGRICULTURAL SUBDIVISION OF 90 ACRES IN THE AGRICULTURE DISTRICT LOCATED AT 14727 CLAYTON AVENUE IN ROSEMOUNT. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Senior Planner Mack discussed the CMC Heartland Partners Eastbridge Planned Unit Development Findings of Facts and noted that they had submitted at the beginning of the ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1995 meeting their own Findings of Fact which they wanted to be considered. Staff recommended tabling action until the next City Council meeting. MOTION by McMenomy to table CMC Heartland Partners Eastbridge Planned Unit Development Findings of Facts for staff review. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Finance Director May presented the Bond Sale, Series 1995 A, for street and utility improvements to Biscayne Avenue. Bids would be taken on August 1, 1995, for the negotiated sale of 51,900,000 General Obligation Improvements Bonds. This is the only public improvement project planned for 1995 for the City. MOTION by McMenomy to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,900,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Finance Director May presented a letter of resignation from Diana Korpela, Accounts Payable Clerk. Diana Korpela has been with the city since 1983 and staff will greatly miss her. MOTION by Staats to accept the resignation of Diana Korpela, Accounts Payable Clerk, and authorize staff to proceed with replacing the Accounts Payable Clerk position. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. City Administrator Burt requested a special meeting with City Council for a budget workshop. Council discussed availability and time for the meeting. MOTION by McMenomy to call a special meeting for the purpose of reviewing the 1996 proposed budget on July 19, 1995 at 6:00 p.m. at a location to be determined. Second by Staats. Ayes: Wippermann, Mclvlenomy, Staats, Busho, Anderson. Nays: None. Mayor McMenomy acknowledged receiving an invitation by the National Guard, Red Bull Division, to participate in "Rosemount Days" where City Council and staff would be invited to Camp Ripley for a tour. Many people showed interest in attending, but due to recent legislative changes City Administrator Burt and City Attorney LeFevere advised them they should not participate. Councilmember Busho invited the Mayor and City Councilmembers to attend the Leprechaun Days Parade on Saturday, July 29th and to respond by July 18, 1995. City staff was also invited to participate by riding in the parade with a city vehicle. Mayor McMenomy noted the procedure used for public hearings. Mayor McMenomy removed himself from the meeting at this point and turned the meeting over to Acting Mayor Wippermann. 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1995 Acting Mayor Wippermann opened the Public Hearing for the Keystone Development Concept Planned Unit Development and Preliminary Plat. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Assistant Planner Pearson reviewed the hotel and restaurant planned for the location at the corner of County Road 42 and State Highway 3, now known as Carlson's Tractor and Equipment Co. The Planning Commission has recommended approval of the concept plan for Keystone Development. Subsequently, the plan had been modified consistent with the Planning Commission discussion to include two lots for a motel and restaurant and leave one large lot undeveloped which could be divided at a later time. One access will be provided for on State Highway 3. MOTION by Wippermann to close the Public Hearing for Keystone Development Concept Planned Unit Development and Preliminary Plat. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann. Nays: None. Absent: McMenomy. Renee Stevenson, 14600 Cameo Avenue, asked if there was any conflict of interest with staff and the Keystone Development. Council indicated there was none. Mr. Ron Carlson was asked also and he reported there is none. Tom Heiberg, Land' Sake, reported that the hotel franchise is Country Inn, through Central Group Companies MOTION by Wippermann to adopt A RESOLUTION APPROVING A CONCEPT FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT FOR KEYSTONE PROPERTIES LLC as indicated on the drawing of July 5, 1995, with the combination of the southerly lots and conditions 1, 3, and 4 on the resolution. Second by Busho. Ayes: Staats, Busho, Anderson, Wippermann. Nays: None. Absent: McMenomy. MOTION by Busho to adopt A RESOLUTION APPROVING THE PRELIM1NARY PLAT AS PRESENTED JULY 5, 1995 FOR KEYSTONE DEVELOPMENT with the combination of the southerly lots. Second by Anderson. A friendly amendment was made to the motion to add "and with the elimination of condition number 4." MOTION by Busho to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT AS PRESENTED JULY 5, 1995 FOR KEYSTONE DEVELOPMENT with the combination of the southerly lots and with the elimination of number 4. Second by Anderson. Ayes: Anderson, Wippermann, Staats, Busho. Nays: None. Absent: McMenomy. Acting Mayor Wippermann turned the meeting back to Mayor McMenomy at 8:35 p.m. 3 Mayor McMenomy opened the Public Hearing for the Wayne Transport Minor Comprehensive Plan Amendment, Rezoning, Concept Planned Unit Development and Preliminary Plat. The recording secretary noted that the Affidavits of Published and Posted Notice were on file. Senior Planner Mack reviewed a proposal by Wayne Transport for a truck terminal and office by Koch Refining. The Planning Commission approved the concept plan with two conditions: alignment of the proposed west STH 52 frontage road and its point of future connection with County Road 42 and authorization to obtain a temporary driveway access permit to County Road 42 until such time as the frontage road is developed. Staff reconunended a continuance of the Public Hearing to August 1 so that the Planning Commission can work with the applicant on access to water, sewer, and County Road 42. Myran Napper, 3381 145th Street East, noted how many times Dakota County has changed their plan. Ken Agerman, owner of the duplex at 3377 145th Street East, said he thought the project would be good for Rosemount by creating jobs and using services. Agerman would like to have his property bought by Koch Refining. MOTION by McMenomy to continue the public hearing for Wayne Transport Minor Comprehensive Plan Amendment, Rezoning, concept Planned Unit Development and Preliminary Plat. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by McMenomy to direct staff to prepare a letter to Dakota County appealing the Dakota County Board's decision to deny access to County Road 42. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Wippermann. The meeting was adjourned at 8:53 p.m. Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1995 -16. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1995 Respectfully submitted, 4 1 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 18, 1995 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 Anderson, Wippermann, Staats, and Busho present. Staff present included: City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson. Assistant Planner Pearson, Community Development Director Wasmund, Administrative Assistant Walsh, and Parks and Recreation/Community Center Director Topitzhofer. Mayor McMenomy lead the group in the Pledge of Allegiance. Two items were added to the Consent Agenda: 4.m. Set the Public Hearing for Wensmann Homes, Inc. Concept Residential Planned Unit Development and Preliminary Plat and 4.n. Set a Public Hearing for Dakota County HRA Concept Residential Planned Unit Development, Comprehensive Guide Plan Amendment, Preliminary Plat and Rezoning. MOTION by Wippermann to approve the Consent Agenda with the addition of Items 4m. and 4.n.: Set the Public Hearing for Wensmann Homes, Inc. Concept Residential Planned Unit Development and Preliminary Plat and Set a Public Hearing for Dakota County HRA Concept Residential Planned Unit Development, Comprehensive Guide Plan Amendment, Preliminary Plat and Rezoning Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Public Works Director Osmundson lead a discussion on burying overhead Northern States Power lines in the area around the businesses from the Kurt Walter- Hansen building then south to 145th Street to the Standard Amoco Station on Highway 3 and 145th Street West and then east to City Hall. Parks and Recreation/Community Center Director Topitzhofer confirmed that Erickson Community Square proposed to have the powerlines buried in a future phase. Osmundson noted it would be more economical to have all lines buried at the same time. Funding alternatives will have to be examined. City Administrator Burt noted that the Downtown Plan included buried powerlines which look much better and Councilmember Anderson said it modernizes the City. Further information will be gathered by staff. Public Works Director Osmundson reviewed the possibility of a watering sprinkling ban. Right now if any one well had a mechanical breakdown the City wells could not keep up with the water demand. A sprinkling ban helps remind residents to conserve and could prevent any resident from having to go without water. Council consensus was to call for an emergency sprinkling ban only if mechanical failure causes the city to lose a well. Mayor McMenomy called for a break at 7:52 p.m. prior to the public hearings. The meeting was reconvened at 8:03 p.m. Mayor McMenomy noted the procedure used for public hearings. Mayor McMenomy opened 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 1995 the Public Hearing for the Overlay Project Improvements, City Project 268 for the milling and overlaying of 143rd Street, Upper 143rd Street and 144th Street, from Chili to Cantata, plus Cantata from 143rd to 144th Streets. The recording secretary noted that the Affidavits of the Published and Posted Notice were on file. Public Works Director Osmundson gave a brief overview of the proposed project noting that most of the streets were 30 to 35 years old and need more than just patching. This area is referred to as the Motz Addition. The cost per resident would be approximately $159 with St. John's Lutheran Church being charged for four residential lots. It would take five to seven days to complete the project in late August or early September. John Soderholm, 3310 Upper 143rd Street, asked why the project stopped at Cantata Avenue and did not continue further east on 144th Street West. Osmundson noted that three water main breaks have occurred between 144th Street and Canada Avenues and it would be replaced in the near future. Paul Yanish, 3350 144th Street, was in favor of the overlay. He asked staff if any other projects in the next three years would require the street to excavated. It is not planned at this time. Approximately five residents were present and they indicated they were in favor of the street improvement. MOTION by McMenomy to close the Public Hearing for the Overlay Project Improvements, City Project 268. Second by Wippemiann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by Anderson to adopt A RESOLUTION TO APPROVE THE PROJECT AND AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS, 1995 BITUMINOUS OVERLAY AND APPURTENANT WORK IMPROVEMENTS, CITY PROJECT 268. Second by Wippermann. Ayes: Busho, Anderson, Wippernann, McMenomy, Staats. Nays: None. MOTION by Anderson to adopt A RESOLUTION TO APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BID, 1995 BITUMINOUS OVERLAY AND APPURTENANT WORK IMPROVEMENTS, CITY PROJECT 268. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy opened the Public Hearing for Buffalo Bituminous Mineral Extraction Permit Request. The recording secretary noted that the Affidavits of Posted and Published Notice were on file. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 1995 Assistant Planner Pearson reviewed the request by Bruce Arntson of Buffalo Bituminous for the mineral extraction permit and temporary asphalt plant necessary for overlay project for TH55. The pit is west of Fischer Avenue and cannot be viewed from the road. He would remove up to 10,000 cubic yards which would take two to four weeks depending on the weather. The Planning Commission recommended approval of the permit with the suggested condition of partially enclosing the pit area with a temporary fence and the City Council recommended operation hours from 9 a.m. to 11 p.m. No inquiries were made to the Planning Department from any residents. MOTION by McMenomy to close the Public Hearing for Buffalo Bituminous Mineral Extraction Permit Request. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by Staats to approve the mineral extraction permit for Buffalo Bituminous for 1995 subject to the attached conditions of operation with a modification to the conditions list to extend the hours of operation from 9 a.m. to 11 p.ni. subject to reasonable complaints. Second by McMenomy. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by McMenomy to move to a Closed Executive Session for discussion of the 1995 1996 LELS Union Agreement and the ASFCME Union Agreement. Second by Anderson. Ayes: Staats, Busho, Anderson, Wippennann, McMenomy. Nays: None. Attorney LeFevere noted that the Closed Executive Session is being held per the authority of the Open Meeting Law which allows for decision of labor negotiation in a closed meeting. The regular meeting was resumed at 8:56 p.m. MOTION by McMenomy to approve the 1995 -1996 Labor Agreement between the City of Rosemount and ASFCME and to accept the Uniform Settlement form. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by Anderson to approve the 1995 -1 996 Labor Agreement between the City of Rosemount and LELS and to accept the Uniform Settlement Form. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by McMenomy to adjoum the meeting. Second by Wippermann. The meeting was adjourned at 8:59 p.m. Respectfully submitted, Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1995 -17. 3 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 19, 1995 Pursuant to due call and notice thereof a special city council meeting of the city of Rosemount was held on Wednesday, July 19, 1995, at 6:00 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Wippermann, and Busho present. Councilmember Staats was absent. Staff members present were City Administrator Burt, Administrative Assistant Walsh, Finance Director May, Public Works Director Osmundson, Police ChiefKnutsen and Community Center/Parks Recreation Director Topitzhofer. City Administrator Burt provided an overview of a proposed 1996 operating budget by reviewing departmental budgets and projected revenues for 1996. The proposed budget without capital improvement items would result in a decrease to the city's portion of property taxes of approximately 8.50 percent to the average $110,000 property. Burt commented the reduction is the result of conservative budgeting of expenditures and a very good year in tax base growth for 1996. City Administrator Burt then presented four scenarios for capital improvement projects for 1996 and the affect of each of these scenario on property taxes. Following discussion, Council reached a consensus that the 1996 levy should include street reconstruction and utilities improvements of Lower 147th Street from Highway 3 to Canada and Cameo from Lower 147th Street to 145th Street West. This project would cause less than a one percent increase to property taxes of a $110,000 home. The administrator informed the city council of a state mandate to remove or replace the city's underground storage tanks for gasoline by December, 1997. The projected cost for new underground storage tanks is estimated to be $80,000. The underground tanks at the Dakota County maintenance facility in Rosemount will also have to be replaced, and the city administrator advised he is discussing with county officials ajoint venture in meeting this requirement. City Administrator Burt and Police Chief Knutsen requested city council approval to apply for a Community Oriented Police Service Universal grant from the U.S. Department ofJustice. If approved by the federal government, the city would receive $75,000 for an officer's salary over the next three years. Chief Knutsen estimated the city would receive approval of this grant this fall. MOTION by McMenomy to direct staff to apply for the COPS Universal grant. Second by Wippermann. Ayes: Anderson, Wippermann, McMenomy. Nays: None. Present: Busho. City Council agreed with the city administrator's recommendation to hold another budget workshop in August, 1995. MOTION by McMenomy to adjourn. Second by Wippermann. Ayes: 4. Nays: 0. Respectfully submitted, .GGa Susan M. Walsh, Administrative Assistant City Council agenda packet is Clerk's File 1995 -18. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 1, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 1, 1995 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 Anderson, Wippermann, Staats, and Busho present. Staff present included: City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Community Development Director Wasmund, Assistant Planner Pearson, Finance Director Jeff May, and Parks and Recreation/Community Center Director Topitzhofer. Finance Consultant Dan O'Neill was also present. Mayor McMenomy lead the group in the Pledge of Allegiance. There were no changes to the agenda. Finance Director May introduced Al Heinen from Boeckermann Heinen Mayer, P.A. which conducted the annual audit for the City of Rosemount. Heinen stated that he had the highest regard for staff and their cooperation and that the finances for the City are at a healthy and comfortable level. MOTION by Wippermann to adopt A RESOLUTION ACCEPTING THE 1994 AUDITED FINANCIAL STATEMENTS. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. City Administrator Burt noted that after discussions with CMC Heartland Partners they have decided to withdraw their request for a Planned Unit Development Amendment. The rail line relocation will be negotiated with Soo Line soon. Staff anticipates that Phase I of the development named "Eastbridge" will be proceeding after this negotiation. MOTION by Wippermann to approve the Consent Agenda Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Finance Director May reported that the bid opening for General Obligation Improvement Bonds, Series 1995A was held August 1st, today, at 11:30 a.m. The City received a very good interest rate of 4.9081% from FBS Investment Services. Dan O'Neill from Springsted Inc. answered questions from the Council. MOTION by McMenomy to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,900,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A AND PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR TILE PAYMENT THEREOF. Second by Anderson. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 1, 1995 Public Works Director Osmundson reported on the traffic study conducted in July for the Wensmann Additions near 152nd and 153rd Streets and Darjeeling and Danbury Avenues. A report on the number of accidents in the area was researched and OSM Traffic Engineering was asked to investigate the area. The study showed there is an increase in traffic since 1993 and there have been very few accidents. Warrants for four way stop signs were not met as followed from the Minnesota Manual on Uniform Traffic Control Devices. City Administrator Burt said that the Police Department would focus on this area in the future to enforce speeding in the neighborhood. Council requested that a letter be sent to the neighborhood alerting them of this police focus. City Administrator Burt asked for acceptance of a letter of resignation from Ron Wasmund, Community Development Director effective August 4, 1995. Ron has accepted the Building Official position with the city of Edina. The Brimeyer Group was chosen to assist in the selection of another Community Development Director. It is a highly visible position which will be difficult to fill. Council thanked Ron for his ten years with the City and said that his hard work and respected opinions will be missed. MOTION by Busho to accept the resignation from Ron Wasmund effective August 4, 1995 and to approve the recommended hiring process. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Councilmember Busho extended a thank you to everyone who participated in Leprechaun Days and for all the additional work that city staff did. Parks and Recreation staff was extremely helpful and very key to the success of the many events. City Administrator Burt told City Council of an electrical fire at the Community Center/National Guard Training Center last Friday night, July 28th. A wedding party was inconvenienced but continued out in the parking area when power could not be immediately restored. Temporary repairs have made power available to the building and final repairs will be made after the cause of the fire can be determined. Mayor McMenomy called for a break at 7:55 p.m. The meeting was resumed at 8:00 p.m. Mayor McMenomy noted the procedure used for public hearings. Mayor McMenomy opened the Public Hearing for the Wensmann Residential Planned Unit Development Concept Review. The recording secretary noted that the Affidavits of the Published and Posted Notice were on file. Assistant Planner Pearson reviewed the 18'/ acres concept plan for attached single family housing between Dodd Boulevard, Shannon Parkway and 145th Street West. The proposal includes 111 residential units consisting of 61 three story townhouses called "deck homes" and 50 single level 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 1, 1995 units arranged in quads. It provides for a 11/2 acre city park which the Planning Commission recommends as open green space and the Parks and Recreation Committee recommends as a neighborhood park with buildings and/or playground equipment. Parks and Recreation/ Community Center Director Topitzhofer noted that grant money may be applied for in order to purchase additional land for this park. Council asked questions and discussion ensued. Renee Stevenson, 14600 Cameo Avenue, asked about the option for a future fire station to be placed on the Weissmann property. Staff noted that land is not reserved for the fire station. The land owner has the right to develop the land. However. they are aware of the possibility of a fire station and are willing to negotiate. MOTION by McMenomy to close the Public Hearing for the Wensmann Residential Planned Unit Development Concept Review. Second by Wippermann. Ayes: Staats, Busho, Anderson, Wippernann, McMenomy. Nays: None. MOTION by Anderson to adopt a modified resolution, eliminating number 4. on A RESOLUTION APPROVING TICE CONCEPT FOR THE WENSMANN PROPOSED PLANNED UNIT DEVELOPMENT KNOWN AS "THE TRIANGLE Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy opened the Public Hearing for the Dakota County Housing and Redevelopment Authority (HRA) Concept Residential Planned Unit Development, Comprehensive Guide Plan Amendment, Preliminary Plat, and Rezoning. The recording secretary noted that the Affidavits of the Published and Posted Notice were on file. Community Development Director Wasmund presented the Dakota County HRA Senior Project concept which includes a Minor Comprehensive Guide Plan Amendment, rezoning, Planned Unit Development, and Preliminary Plat. This is to be located on the west side of Cameo Avenue, south of 146th Street West and north of Lower 147th Street West. The Planning Commission held a Public Hearing on July 25 where many residents attended, asked questions and made comments. The age group of the housing is geared to those 55 years of age or older. Steve Heimer, 3135 Lower 147th Street, said he supports the plan and it will be an improvement to the neighborhood. He felt he was one of the remaining homes most affected by the building and would like more of a buffer zone. He would like to see a 30' buffer from the property line and 60' from the parking lot. Jerry Stoffel, 3100 146th Street West, said this is a bad location, he was unhappy with the planning process, and the three story height of the building will leave him no privacy which will bring his property value down. Stoffel said there is not enough room for the rain run off or parking, or any future expansion. Stoffel would like to be bought out by the City or HRA. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 1, 1995 Renee Stevenson, 14600 Cameo Avenue, did not want a three story building and did not like the chosen location Stevenson felt her rights had been violated because the process does not allow for enough opportunity for input by residents. She noted that the HRA could sell some of their other properties in order to buy more property around the Cameo site. Stevenson asked if other locations had commercial property next to residential and still had the property value raise. Nordquist from the HRA replied that in Hastings this is the case and property value has gone up. Mayor McMenomy encouraged staff to work with the developer to incorporate improvements on behalf of the neighborhood. John Oxborough, 14690 Cameo Avenue, asked consideration be taken for the safety and health of the neighborhood and future senior residents. Diane Nordquist of the Housing and Redevelopment Authority (IIRA) spoke to the neighbors concerns. The duplex is owned now by the IIRA and will be torn down this November. More landscaping funding is available for creating a better buffer zone. Seven properties were acquired and there is no further funding to acquire any more. Nordquist conducted a survey of property values around senior housing which showed the values to gradually rise. Kirk Pullaski HRA, commented that the tuck -under garage would be under ground with the first floor residences at natural grade. MOTION by McMenomy to close the Public Hearing for the Dakota County FIRA Concept Residential Planned Unit Development, Comprehensive Guide Plan Amendment, Preliminary Plat and Rezoning. Second by Staats. Ayes: Anderson. Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by McMenomy to direct staff to prepare the recommended action by resolution and ordinance as appropriate and return them to the next meeting, August 15, 1995, for formal approval. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Staats. The meeting was adjourned at 8:55 p.m. Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1995 -19. 4 1 1 ROSEMIOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 15, 1995 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. Staff present included City Attorney LeFevere, City Administrator Burt, Senior Planner Mack, Assistant Planner Pearson. Police Chief Knutsen, Lieutenant Kuhns, Finance Director Jeff May, and Parks and Recreation%Community Center Director Topitzhofer, and Administrative Assistant Walsh. Mayor McMenomy lead the group in the Pledge of Allegiance. Two items were added to the agenda: Consent Agenda. 4.m. Temporary 3.2% Beer License for Rosemount American Legion and New Business, 7 c Telephone Contract. Additional information was handed out for clarification on the August I, 1995 City Council Minutes. 1996 Budget Memorandum, Expenditure Approval from Donation Account Leprechaun Days, and the Dakota County I -IRA final drafts for Ordinance B -54 with two Resolutions. Kevin Carroll represented S.O.A.R. and gave an update on the relocation proposals for the Twin Cities International Airport. The Remote Runway proposal was denied due mainly to the estimated cost of4.2 billion dollars. The Metropolitan Airport Commission has requested additional money for airport issues and S.O.A R. feels it will be necessary to have funds to keep people aware of the issue. Carroll said complacency can be the greatest enemy of this issue and S.O.A.R. would like the City Council to consider setting aside funds in the 1996 budget to S.O.A.R. Metropolitan Council could start to require land banking or have land use restrictions in the southeast portion of Rosemount inhibiting development There will be a fiord raiser Pig Roast on Sunday, September 17, 1995, 1 la.m. to 4 p.nt. in Hastings at the Knights of Columbus Hall on Highway 6l in Hastings. MOTION by Wippermann to approve the Consent Agenda Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. City Administrator Burt recommended that City Council reconsider the current license fees in effect for pawnshops and pawnbrokers. Burt recommended that the fees be based on an escalating scale based on the average number of daily business transactions. He recommended the minimum annual license fee be set at $1500. He stated that this minimum amount is based on the cost of police department staff verifying a minimum number of daily business transaction by pawnbrokers. Juanita Bohn, owner of Rosemount Pawn, requested that Council consider an annual fee of $750 and also expressed her concerns of having to deposit a S1500 investigation fee. She provided copies of letters from the Dakota County Sheriffs Department which noted the help of her Hastings pawn shop business in identifying stolen property. She felt the 51500 license fees were out of line in comparison to other smaller cities' fees. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 1995 Following discussion by members of the City Council, a general consensus was reached that the recommended fees were appropriate and that the investigation fee should remain the saute. City Administrator Burt noted that Rosemount Pawn is currently without a license. The Council directed staff to pursue the application process with the owner. MOTION by Anderson to adopt A RESOLUTION ESTABLISHING AN ANNUAL LICENSE FEE FOR PAWN SHOPS AND PAWN BROKERS Second by Wippermann. Ayes: Wippennann, McMenomy, Busho, Anderson. Nays: Staats. Mayor McMenomy noted the procedure used for public hearings. Mayor McMenomy opened the Public Hearing for the Zoning Ordinance Text Amendment Setback and Lot Dimension Standards. The recording secretary noted that the Affidavits of the Published and Posted Notice were on file. Assistant Planner Pearson reviewed the proposed amendment to the City of Rosemount Zoning Ordinance. The setbacks and lot dimension standards had been discussed three years ago when housing was proposed adjacent to highways and railroads. Natural barriers are favored over fencing for noise, sightline reduction, and useable yard areas This revision would not affect current developers with approved preliminary plats. The Planning Commission recommend these revisions as a proactive approach to problems or complaints. Councilmember Wippermann noted that the Planned Unit Development process would allow for exceptions to be made. These amendments are being placed here for the safety of the land owners and allows for usable backyard space. Wippennann believed the pipeline easements need not be changed from the state regulations. However, setbacks on the major arterial streets and railroad would improve property for homeowners. Glen Sexton, Director of Constnrction for CMC, noted that increased setbacks will only lower sound about 2 or 3 decibels. Alternates may be used as stone and concrete walls which will cut noise even more and which would be adequate even for a 15' easement. Many times people buying townhomes do not want a large berm to maintain. Sexton requested the City Council not to adopt the amendment. Renee Stevenson, 14600 Cameo Avenue, noted that a deadline should be required for completion of this revision. Attorney Reid Hansen commented that the State has a model ordinance for pipeline easements and that the City does not need to be stricter than that. Mayor McMenomy noted that this revision complicates matters. Developers want their projects to appeal to customers so easements will be considered, but this will cause many more variances that will have to be considered. There are federal and state regulations on pipelines that apply. The Mayor could not support the amendments to the zoning of Cl, C3, or C4. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 1995 Councilmember Staats noted that easements don't always locate the pipeline in the center so this would allow the distance to he 30' to 60' of the owners property. This restricts all types of development by the homeowner. Assistant Planner Pearson suggested removing the references to the pipeline and keep the remainder of the Ordinance. Councilmember Anderson agreed City Attorney LeFevere was asked about the wording clarification on item 6.h. Direction was given to have staff reword the Zoning Amendment Ordinance Text Atendment and remove reference to the pipeline and present this at the next meeting. MOTION by McMenomy to close the Public Hearing for the Zoning Ordinance Text Amendment Setback and Lot Dimension Standards. Second by Wippermann Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Police Chief Knutsen presented the Juvenile Curfew Ordinance which would have the same regulations as the Dakota County Curfew Ordinance. Police Chief Knutsen recommended its approval by repealing the existing ordinance and adopting Dakota County Ordinance No. 122 by reference. It will be presented again on the next City Council agenda. Parks and Recreation and Community Center Director Topitzhofer recommended utilizing a permanent part-time receptionist for 25 hours per week opposed to a temporary position which can only work for three months. This will give this highly visible position more continuity within the department. This position has been introduced into the 1996 Budget MOTION by McMenomy to approve posting and advertising the position of permanent part-time receptionist for 25 hours per week at a rate of $9.09 per hour. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Administrative Assistant Walsh presented a Telephone Contract with Frontier Communications. A ten year agreement was reached allowing the City to save overall on equipment and services at about $500 a month. City Attorney LeFevere helped negotiate this contract and recommends its approval. MOTION by Wippermann to approve the Agreement for Centrex Services between Frontier Communications and the City of Rosemount. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Under announcements, it was noted that there is a meeting for "Livable Communities" on Thursday, August 17, 7 p.m.. in Apple Valley. Also Minnesota Valley Transit Authority opened its new offices and has some meetings coming up August 17th and 23rd Parks and Recreation and Community Center Director Topitzhofer said they had an open house for the Limerick Way RPP community group. About 150 people carne which gave a good start to the program. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 1995 City Administrator Burt advised that the Fire Task Force has started meeting to plan for the Fire Station Referendum Updates will be provided. At this time the City Council reviewed a third draft of the proposed 1996 operating budget. City Administrator Burt reviewed some of the changes made to the budget since the July 19. 1995, City Council Budget Workshop. In addition, City Administrator Burt advised it may be feasible to look at allowing individual haulers to pick up recyclables since he has been notified by Knutson Services of their intention to charge the City for city -wide recycling. Council and staff also discussed the possibility of designating funds for cable broadcasting City Council meetings and S O.A.R. activities but that the operating budget should not be increased for these two items. Finance Director May advised that City Council needed to select the dates for the 1996 Budget Public Hearing and this information will then be directed to Dakota County After discussion Council selected November 29th for the first Public Hearing and December 8th if the Public Hearing is reconvened. At this time the 1996 Budget would cause an estimated increase of $6.00 to a home valued at $110,000. A resolution will be presented at the next meeting to set the preliminary budget and public hearing dates. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. The meeting was adjourned at 10 p.m. The City Council Agenda Packet is Clerk's File 1995 -20. Respectfully submitted, Linda Jentink Recording Secretary 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 5, 1995 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, and Busho present. Councilmember Staats was absent. Staff present included: City Attorney LeFevere, City Administrator Burt, Senior Planner Mack, Code Enforcement and Administrative Intern McKnight. Finance Director Jeff May, Parks and RecreationIConununity Center Director Topitzhofer, Public Works director /City Engineer Osmundson. and Fire Chief Aker. Mayor McMenomy lead the group in the Pledge of Allegiance. Item 4 d. Expenditure Approval from Donation Account for Community Center was pulled from Consent Agenda for discussion under New Business. MOTION by Wippermann to approve the Consent Agenda with the removal of Item 4.d. for discussion. Second by Anderson. Ayes. Busho, Anderson, Wippermann, McMenomy. Nays: None. City Administrator Burt and Finance Director May presented a resolution to formally adopt the 1996 preliminary levy and to set the budget hearing dates required under truth in taxation laws. These hearing dates were discussed at the August 15, 1995 City Council meeting along with details of the 1996 budget. The public hearing dates are November 29, 1995, at 7 p.m. and, if continued, December 8, 1995, at 7 p.m. MOTION by McMenomy to adopt A RESOLUTION SETTING THE PRELIMINARY 1996 GENERAL FUND OPERATING BUDGET, THE 1996 C.I.P. BUDGET, THE 1996 INSURANCE BUDGET AND THE 1996 LEVY REQUIRED BY THE CITY" OF ROSEMOUNT. Second by Busho. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: None. Public Works Director /City Engineer Osmundson said that Dakota County staff and the Commissioners have held various meetings with surrounding communities regarding County Road 46 and its alignment. The County Board agrees that County Road 46 should continue on 160th Street and is requesting the City's support to present to the University of Minnesota who has control of much of the property on 160th Street. Osmundson noted that federal funding which the County is going to apply for may be available for this project in 1998. MOTION by Wippermann to adopt A RESOLUTION TO SUPPORT THE 160TH STREET ALIGNMENT OF COUNTY ROAD 46 BETWEEN TRUNK HIGITWAY 52 AND CSAH 31, PILOT KNOB ROAD. Second by Anderson. Ayes: Wippermann, McMenomy, Busho, Anderson. Nays: None. Senior Planner Mack presented the Zoning Ordinance Test Amendment for Setback and Lot Dimension Standards. References to pipelines have been eliminated and revisions were made with the assistance of the city attorney to clarify certain portions. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 1995 Reid Hansen, Attorney for CMC Heartland, noted that he felt the language was still not clear and that many more variances for setbacks would be required when developments occur. Council asked for additional input from other developers. Mayor IblcMenomy noted that he thought the setbacks were excessive. Staff will report back to City Council at a future meeting with additional information. City Administrator Burt introduced Mark Vetter of Vetter Johnson Architects and Todd Christopherson of AMCON who have been working with staff and the Fire Service Task Force on the proposed tire station. Vetter presented architectural drawings of the proposed fire station which has been scaled down in size from past plans. The site plan on Shannon Parkway and Dodd Boulevard added some design difficulty to overcome but resulted in a clear egress design. The fire truck bays can be loaded from both sides of the building. It will be a one story building with basic training areas small kitchen, apparatus room, locker room, and hose tower It will be approximately 15,000 square feet with a cost of $88 per square foot and will be adequate for the 45 volunteer firefighters. Christopherson said that all costs for the building will be 1.337 million dollars and that additional funds will be needed for the referendum, bond costs, survey, site tests, land purchase. furniture and equipment purchases in the total amount of 1.75 million dollars. Fire Chief Aker noted that the fire department is supporting this proposed fire station and the fire department members have been kept up to date on its progress. Council discussed ways to inform the public which should highlight that it is a "bare bones" fire station. Renee Stevenson, 14600 Cameo Avenue, a member on the Fire Service Task Force, said that the proposed fire station had been reviewed closely by the committee and they felt it was a very good "bare bones' facility. A fire station is normally needed in a community with every 10,000 people population growth and that Rosemount is certainly planning for the future at the right time. MOTION by Anderson to adopt A RESOLUTION CALLING FOR AN ELECTION ON $1,750,000 GENERAL OBLIGATION PUBLIC FACILITY BONDS. Second by Wippermann. Ayes: McMenomy, Busho, Anderson, Wippermann. Nays: None. Code Enforcement and Administrative Intern McKnight reviewed the moratorium placed on the Adult Establishment Ordinance. Research has continued since October of 1994 in order to develop this ordinance. City staff has been working with the city attorney and maps have been developed showing the areas where this type of use would be permitted A review and recommendation by the Planning Commission will be required before final action by the City Council on the proposed requirements. City Attorney LeFevere advised that these activities do not constitute criminal behavior, but the negative secondary effects may be controlled due to these four findings: 1) an adult use cannot be regulated on the basis of the materials they sell or the entertainment provided, but only on the effect that such businesses have on the surrounding area; 2) a municipality must conclude that such adult businesses create adverse secondary effects such as neighborhood blight, diminished propertv values and increased crime; 3) municipalities need not conduct their own adverse secondary effects studies, they can rely on studies performed by other cities, provided that the studies are reasonably related to the problem that the city is trying 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 1995 to address: and 4) either dispersal or concentration regulations may be utilized, in either case, the City must allow a reasonable opportunity area in the city for adult uses to locate Obscenity is criminal and is restricted now by state law. This ordinance will be more restrictive than the current city ordinances. The City may decide to extend the moratorium for an additional six months. Further discussion time will be possible at the next City Council meeting. Mayor McMenomy requested discussion of the expense to the Community Center water drainage problem because he felt it was a design flaw that should have been handled by the architect. Parks and Recreation Community Center Director Topitzhofer directed the concrete planter be removed because drainage from the roof directed into the planter was causing water damage to areas below ground level inside the building. A change order was carried out diverting half the water in the other direction, but the problem has still persisted. The consensus was to correct the problem as soon as possible before permanent damage occurred. MOTION by McMenomy to approve the expenditure of $730.00 for cement work at the Community Center, and to approve amendments to the budgets as indicated on the attached donation revenue worksheet. Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy. Nays None. Councilmember Busho announced an open house celebration of the MVTA (Minnesota Valley Transit Authority) office building in Burnsville on Thursday. September 14, 1995 at 6 p.m. for City Council and Saturday, September 16, 1995 from 10 a.m. to 4 p.m. for the public. MOTION by McMenomy to adjourn the meeting. Second by Wippermann.. Ayes: Anderson, Wippermann, McMenomy, Busho. Nays: None. The meeting was adjourned at 9:10 p.m. X/z( Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 1995 -21. Respectfully submitted, 3 1 ROSEMOUNI' CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 1995 Mayor McMenomy called the meeting to order with Councihnembers Anderson, Wippermann, Staats and Busho present. Also present were City Attorney LeFevere, Administrative Assistant Walsh, Parks and Recreation /Community Center Director Topitzhofer, Assistant Planner Pearson, and Public Works Director Osmundson. 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 19, 1995 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy led the group in the Pledge of Allegiance. Additional information was handed out for the Wensmann Public Hearing, an updated resolution, and corrections on City Projects 245 and 253 on Consent Agenda for setting public hearings. Parks and Recreation /Community Center Director Topitzhofer spoke for the Violence Prevention Initiative of Dakota County for Healthy Communities. It is sponsoring October as designated "Violence -Free Minnesota Month" and "Domestic Abuse Awareness Month." October 12 is nationally recognized as "Turn Off the Violence Day." The goal is to promote safe and secure homes, schools, work places, public places and communities. The theme in our area is "Building Bridges...Peace by Peace and the Rosemount Partnership Program is dedicating a Teen Night to violence prevention in October. A candle light vigil will be observed October 12 by placing boats in the ponding area by the Rosemount Community Center. MOTION by McMenomy to adopt A RESOLUTION BUILDING BRIDGES...PEACE BY PEACE. Second by Staats. Ayes: Anderson. Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by Wippenuann to approve the Consent Agenda. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Senior Planner Mack reviewed the airport relocation issue and introduced Kevin Carroll, a member of S.O.A.R.. Carroll noted that Dakota County will be having an important meeting on September 20, 1995 in which further discussion will be held regarding study of the relocation of the Minneapolis /St. Paul International Airport. Carroll encouraged council, staff, and residents to stay alert to this issue. A fund raiser hog roast was held in Hastings with a response of nearly 500 people. MOTION by Wippermann to approve a resolution as requested by S.O.A.R. reaffirming the City of Rosemount's opposition to any possible relocation of the Minneapolis /St. Paul International Airport. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Public Works Director Osmundson reviewed Keystone Developments' request for a variance of county right -of -way requirements from 100 feet to 70 feet with a 15 foot wide trail easement. This type of variance must be requested from the City. Rosemount Market Square on County Road 42 was granted the same variance resulting in the same amount of right -of -way. Tom Heiberg, from Keystone Developers, spoke in favor of the variance. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 1995 MOTION by Anderson to authorize staff to send a letter to Dakota County requesting a variance from Dakota County right -of -way guidelines for the Keystone Addition. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Mayor McMenomy called for a five minute break at 7:55 p.m. The meeting was reconvened at 8:00 p.m. Mayor McMenomy opened the Public Hearing for the Wensmann Homes, Inc., Mixed Use Townhouse Development Project Final Planned Unit Development (PUD) and Preliminary Plat. The recording secretary noted that the published, posted. and mailed affidavits were on file. Assistant Planner Pearson reviewed the 18 1 acre development proposed by Wensmann Homes for 111 units of townhouses and deck homes, a 1.4 acre park, a ponding area, and a possible public use of 2.75 acres for a fire station. The Planning Commission recommends approval of the final concept plan for Wensmann's Ninth Addition. Renee Steveson, 14600 Cameo Avenue, noted that access to the park may be a problem. Children like to take the shortest path, so with no trail through the homes it is not likely they will use the streets. Terry Wensmann, the developer, has checked the future assessments of Dodd Boulevard, the park dedication fee, and other expenses and has found that the costs are higher than anticipated. Wensmann would like to continue to negotiate with city staff. Parks and Recreation/Community Center Director Topitzhofer reviewed the park dedication fonnula. The park land designated by Wensmann 9th is not on the Parks Master Plan, but the Parks and Recreation Committee decided because of the population density in this area, a park would be appropriate. MOTION by McMenomy to close the Public Hearing on Wensmann Homes, Inc. Mixed Use Townhouse Development Project Final Planned Unit Development and Preliminary Plat. Second by Staats. Ayes: Busho, Anderson, Wippenmann, McMenomy, Staats. Nays: None. Councilmember Staats would like to see that an option to purchase the land now for a future fire station in the conditions. Mayor McMenomy agreed that even if funding is not available now, that a fire station could be planned for in stages. City Attorney LeFevere advised City Council that the city park dedication fee policy is presumed to be a reasonable amount, however the City Council has the authority to depart from those regulations. Discussion continued. The draft resolution was changed approving the Wensmann 9th concept plan but removing language setting conditions for development of property for public use. Staff was directed to negotiate Outlot C at the same time as the Development Agreement. MOTION by Anderson to approve A RESOLUTION APPROVING THE WENSMANN NINTH ADDITION FINAL CONCEPT PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT with the addition of condition 9. Developer shall provide a timing and phasing plan for approval by the City Council at the time of approval of the Final Planned Unit Development Agreement and removal of the entire NOW, THEREFORE, BE IT FURTHER RESOLVED section. Second by Busho. Ayes: Anderson, Wippermann, Staats, Busho. Nays: McMenomy. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: Wippermann, McMenomy, Staats. Busho, Anderson. Nays: None. The meeting was adjourned at 9:15 p.m. Respectfully submitted, (f) Linda Jentink, The City Council Agenda Packet is Clerk's File 1995 -22. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 1995 cording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 3, 1995 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 LeFevere, City Administrator Burt, Administrative Assistant Walsh, Parks and Recreation /Community Center Director Topitzhofer, Senior Planner Mack, Assistant Planner Pearson, and Public Works Director Osmundson. Mayor McMenomy led the group in the Pledge of Allegiance. Parks and Recreation/Community Center Director Topitzhofer added an item to the agenda under New Business, 9.b. Mighty Ducks Ice Arena Grant Application. Councihnember Anderson pulled Consent Agenda Item 4.h. for separate consideration. MOTION by McMenomy to approve the Consent Agenda excluding Item 4.h. Set Public Hearing for AAA Auto Salvage General Industrial Planned Unit Development. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson, Wippennann. Nays: None. MOTION by Mclvienonry to schedule a public hearing to hear testimony regarding the proposed General Industrial Planned Unit Development for AAA Auto Salvage at 8:30 p.m. or as soon thereafter as possible on November 7, 1995. Second by Wippermann. Ayes: Staats, Busho, Wippermann, McMenomy. Nays: None. Abstain: Anderson. City Administrator Burt reviewed with City Council a request from employee Rich Lonnquist who asked that he be given credit for longevity and vacation for the period of time from January 2, 19976 to September 4, 1990. During this period of time Mr. Lonnquist worked for the city as a maintenance worker and suffered an injury which eventually resulted in him being retrained as an engineering technician. Burt advised that when Lonnquist was hired as an engineering technician in 1993, he entered into an agreement with the city which addressed vacation pay and sick leave but not longevity. Members of the council asked questions of Lonnquist and city staff. Following discussion by the council, a consensus was reached by the Council that the agreement should not be amended. Mayor McMenomy opened the Public Hearing for the Carrollton Addition Replat Preliminary Plat. The recording secretary noted that the published, posted. and mailed affidavits were on file. Assistant Planner Pearson reviewed the Carrollton Addition Replat Preliminary Plat. This is 3.6 acres developed into seven single family lots located on the northwest corner of 145th Street West and Chili Avenue. Discussion was held on the park dedication and landscape credit for the large trees on Lot 1. Staff was advised to change the resolution for clarification. MOTION by McMenomy to close the Public Hearing for Carrollton Addition Replat Preliminary Plat. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1995 MOTION by Wippermann to adopt A RESOLUTION APPROVING THE CARROLLTON ADDITION REPLAT PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy opened the Public Hearing for CMC Heartland Partners I: Eastbridge Townhomes Concept Planned Unit Development. The recording secretary noted that the published, posted, and mailed affidavits were on file. Assistant Planner Pearson requested Council's action on the concept plan for Eastbridge Townhomes. CMC presented two choices; one with 110 units, and one with 72 units and a commercial area on CR 42. Planning Commission recommends the second choice with commercial area. Discussion followed. Glen Saxton, Director of Construction for CMC Heartland, noted that there is not a viable market now for commercial development in this area. His company would prefer the concept plan for all townhomes. Renee Stevenson, 14600 Cameo Avenue, asked about park size for this project. Stevenson felt that the commercial area would be a better transition and better tax base in the future. Mark Mooney, Greif Brothers, 2750 145th Street West, had concerns about the railroad spur and fencing. Jeff Wilcziek, 12800 Bacardi Avenue, noted the added expense in servicing and maintaining the park area and undeveloped outlot which could add to the tax burden. Maureen Bouchard, 3130 W. 145th Street, reminded Council of the number of children this development will add to the already over burdened school system. Bouchard did not want development now. MOTION by McMenomy to close the Public Hearing for CMC Heartland Partners I: Eastbridge Townhomes Concept Planned Unit Development. Second by Staats. Ayes: Wippemann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE CONCEPT FOR THE EASTBRIDGE TOVVNIIOMES AND MIXED USE PLANNED UNIT DEVELOPMENT with the exclusion of the pedestrian crossing of the rail spur. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Mayor McMenomy opened the Public Hearing for Mallard Pond Replat: Administrative Plat. The recording secretary noted that the published, posted, and mailed affidavits were on file. Assistant Planner Pearson presented a modification to the Mallard Pond plat that was originally ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1995 approved on May 2, 1995. Bart Winkler, representing the estate of Richard Winkler, has requested the replat of Mallard Pond which consists of a five -acre lot. a fifteen acre lot, and an outlot of 145 acres. The change results in a 5 acre lot, a 20 acre lot and 140 acre outlot. No additional lots will be created so no additional park or right -of -way dedication will be required. The Planning Commission recommends its approval with conditions. Council recommended a fifth point in the conditions making a restrictive covenant for overall lot density. MOTION by McMenomy to close the Public Hearing for the Mallard Pond Replat: Administrative Plat. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE REPLAT OF MALLARD POND ADMINISTRATIVE PLAT. Second by Wippermann. Ayes: Staats, Busho, Anderson, Wippennann, McMenomy. Nays: None. Parks and Recreation /Community Center Director Topitzhofer prepared an application to the Mighty Ducks Ice Arena Grant. The installation of power factor equipment would result in an energy cost savings of $2,400 per year. Matching funding from U.S.P.C.I. will be requested. MOTION by Anderson to adopt A RESOLUTION FOR THE MIGHTY DUCKS ICE ARENA GRANT REQUEST FOR PROPOSAL. Second by Staats. Ayes: Busho, Anderson, Wippennann, McMenomy, Staats. Nays: None. Announcements were made for: October 12, 1995, 6:30 p.rn. a Candlelight Vigil at the Community Center; October 9, 1995, 6:30 p.m. at the Community Center a Regional Meeting, Southeast Metro Area Tour; and October 14, 1995, the National Guard will provide 100 men for buckthorn removal at Carrolls Woods. MOTION by McMenomy to adjourn the meeting. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. The meeting was adjourned at 9:45 p.m. The City Council Agenda Packet is Clerk's File 1995 -23. Respectfully submitted, X neeez.-- Linda Jentink, Recording Secretary 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 17, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 17, 1995 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, and Staats were present. Councilmember Busho was absent. Also present were City Attorney LeFevere, City Administrator Burt, Senior Planner Mack, Assistant Planner Pearson, and Public Works Director Osmundson. Mayor McMenomy led the group in the Pledge of Allegiance. No changes were made to the agenda. The Wensmann Development Agreement was presented to City Council at the start of the meeting. MOTION by Wippermann to approve the Consent Agenda. Second by Staats. Ayes: Staats, Anderson, Wippermann, McMenomy. Nays: None. City Administrator Burt presented an amendment to the Solid Waste Ordinance, City Code Section 5 -1 -7. This amendment would incorporate the requirement by garbage haulers to recycle for residents Staff would also like to coordinate pick up days so that garbage is not commonly seen daily around the City. Bins will likely be here at City Hall for new residents. This will be effective January 1, 1996, if approved. Council was asked to review this amendment and consider it at the next council meeting. Senior Planner Mack discussed the Livable Communities Act and a resolution supporting the participation by the City of Rosemount in the Metropolitan Livable Communities Act and the Local Housing Incentives Program. It includes a comprehensive housing plan using the idea of "clustering" and working jointly with the Dakota County Housing and Redevelopment (HRA). This will encourage a variety of housing opportunities for seniors, detached and attached with long range plans and funding. The Planning Commission has reviewed this resolution and recommends its approval. MOTION by McMenomy to approve A RESOLUTION ELECTING TO PARTICIPATE IN THE METROPOLITAN LIVABLE COMMUNITIES ACT AND THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM for the CALENDAR YEAR 1996. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats. Nays: None. Assistant Planner Pearson presented the Wensmann Ninth Addition Planned Unit Development Agreement. Council suggested adding grading and seeding for the park. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE WENSMANN NINTH ADDITION FINAL PLAT and, further, to authorize execution of the Wensmann Ninth Addition Development Agreement. Second by Staats. Ayes: Wippemiann, McMenomy, Staats, Anderson. Nays: None. Mayor McMenomy opened the Public Hearing for the 145th Street Improvements, Chili Avenue to Cameo Avenue, Assessment Hearing, City Project 245. The recording secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 17, 1995 noted that the published, posted, and mailed affidavits were on file. The Mayor reviewed the Public Hearing process and noted that audience input would be requested following each presentation. Public Works Director Osmundson reviewed the improvements for 145th Street, Chili Avenue to Cameo Avenue, City Project 245. Funding was received from the Minnesota State Aid, the Water and Sanitary Sewer Core Funds, and Capital Improvement Project Funding. Only 8% of the total project was assessed to property owners most being $1,500 per lot over a ten year period. Osmundson commended Engineering Technician Rich Lonnquist who was the inspector on the project and helped it run smoothly. Dick Heinen, 3110, 3120, 3130 145th Street West. complimented the great job the City did and gave a special thanks to Rich Lonnquist who worked with the residents and their concerns. MOTION by McMenomy to close the Public Hearing for 145th Street Improvements, Chili Avenue to Cameo Avenue, Assessment Hearing. City Project 245. Second by Staats. Ayes: McMenomy, Staats, Anderson, Wippermann. Nays: None. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, 145th STREET RECONSTRUCTION, CHILI AVENUE TO CAMEO AVENUE, CITY PROJECT 245. Second by Anderson. Ayes: Staats, Anderson, Wippermann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for the 1995 Bituminous Overlay and Appurtenant Work Improvements, Assessment Hearing, City Project 268. The recording secretary noted that the published, posted, and mailed affidavits were on file. Public Works Director Osmundson reviewed the bituminous overlay and appurtenant work improvements for City Project 268 for portions of 143rd Street West and 144th Street West. 66 residential lots were assessed $136 each. Residents were pleased with the results. MOTION by Wippermann to close the Public Hearing for the 1995 Bituminous Overlay and Appurtenant Work Improvements, Assessment Hearing, City Project 268. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats. Nays: None. MOTION by Anderson to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, 1995 BITUMINOUS OVERLAY AND APPURTENANT WORK IMPROVEMENTS, CITY PROJECT 268. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Anderson. Nays: None. Mayor McMenomy opened the Public Hearing for 0'I Pary's Hills 7th and 8th Addition Street Utility Improvements Assessment Hearing, City Projects 253 and 254. The recording secretary noted that the published, posted, and mailed affidavits were on file. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 17, 1995 Public Works Director Osmundson reviewed City Projects 253 and 254: O'Leary's Hills 7th and 8th Addition Street and Utility Improvements, Assessment Hearings. These had trunk sewer which will benefit other areas of the city. O'Leary's Hills 7th Addition has 32 lots and O'Leary's Hills 8th Addition has 33 lots. MOTION by McMenomy to close the Public Hearings for O'Leary's Hills 7th Addition Street and Utility Improvements, Assessment Roll, City Project 253 and O'Leary's Hills 8th Addition Street and Utility Improvements, Assessment Roll, City Project 254. Second by Wippermann. Ayes: McMenomy, Staats, Anderson, Wippermann. Nays: None. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, O'LEARY'S HILLS 7TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 253. Second by Staats. Ayes: Staats, Anderson, Wippermann, McMenomy. Nays: None. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, O'LEARY'S HILLS 8TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 254. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy opened the Public Hearing for the West Ridge 5th Addition, City Project 242 and Shannon Pond 3rd Addition Street and Utility Improvements, Assessment Hearing, City Project 248. The recording secretary noted that the published, posted, and mailed affidavits were on file. Public Works Director Osmundson reviewed the Assessment Hearings for two developments near Jaycee Park, West Ridge 5th Addition Street and Utility Improvements, City Project 242 and Shannon Pond 3rd Addition Street and Utility Improvements, City Project 248. Osmundson thanked his staff, Cindy Dorniden, Mark Fremder, and Rich Lonnquist, for the additional work needed to complete the several improvement projects. MOTION by Wippermann to close the Public Hearing for West Ridge 5th Addition and Shannon Pond 3rd Addition Street and Utility Improvements, Assessment Hearings, City Projects 242 and 248. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Anderson. Nays: None. MOTION by Wippennann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, WEST RIDGE 5TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 242. Second by Staats. Ayes: McMenomy, Staats, Anderson, Wippernann. Nays: None. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, SHANNON POND 3RD ADDITION STREET AND UTILITY IMPROVEMENTS, CITY 3 PROJECT 248. Second by Staats. Ayes: Staats, Anderson, Wippermann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for the Appeal to Variance Decision for Ralph Hanson Petition. The recording secretary noted that the published, posted, and mailed affidavits were on file. Assistant Planner Pearson noted he had been contacted by Gene Bartel explaining that the surrounding neighbors wished to purchase the lot rather than see it developed. Attorney Tom Louis, representing Gus Hanson, the land owner, withdrew the appeal for this Public Hearing. MOTION by Wippermann to close the Public Hearing for the Appeal to Variance Decision for Ralph Hanson Petition. Second by Anderson. Ayes: Anderson, Wippennann, McMenomy, Staats. Nays: None. MOTION by McMenomy to accept the withdrawal of the Appeal to the Variance Decision for Ralph Hanson, PID 34- 01610 016 -55. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Anderson. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Anderson. Ayes: Wippermann, McMenomy, Staats, Anderson.. Nays: None. The meeting was adjourned at 8:25 p.m. The City Council Agenda Packet is Clerk's Pile 1995 -24. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 17, 1995 Respectfully submitted, Linda Jentink, Recording Secretary 4 Mayor McMenomy led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 7, 1995, at 8:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Busho, Staats, and Wippermann present. Staff present included City Administrator Burt, City Attorney LeFevere, Public Works Director Osmundson, Parks and Recreation Director Topitzhofer, Senior Planner Mack, Assistant Planner Pearson, and Building Official Heimkes. Councilmember Anderson advised that she would not be taking part in the public hearing discussion regarding AAA Auto Salvage's Concept Planned Unit Development for General Industrial Mixed Use. City Administrator Burt advised that the public hearings would begin at 8:30 p.m. instead of 8:00 p.m. as noted on the agenda. MOTION by Wippermann to adopt the consent agenda with the exception of Item 4.7. which will be pulled for discussion. SECOND by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: 0. MOTION by Busho to hire Dan Rogness as the city's Community Development Director with a starting salary of 552,000 a year plus benefits. SECOND by Anderson. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: 0. Building Official Heimkes reviewed the newly revised septic system ordinance that now includes the Metropolitan Council's mandated septic system maintenance provisions for existing system maintenance and upgrades. Discussion ensued and council generally felt that the two year inspection requirement is excessive. Heimkes explained that the Met Council is very set on this requirement and will not consider changing it. Council directed staff to put together additional information including cost of permits, cost of inspection and pumping, possible costs of modifying existing systems to pass inspections, and information on what other communities are doing. Heintkes offered to have a Metropolitan Council soils engineer attend a future meeting. City Administrator Burt requested that council consider entering into an option agreement to secure land for the new fire station. The agreement calls for the city to pay $1.00 to hold the land until January 1, 1996. Burt explained that this would be subject to the referendum outcome. but suggested that council consider this regardless of the referendum results because a future fire station needs to be considered a priority. MOTION by McMenomy to approve the Option Agreement for purchase of land for a proposed fire station for the cost of $1.00 effective until January 1, 1996. SECOND by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 1995 Councilmember Wippermann voiced concern regarding the proposed zoning ordinance text amendment regarding public hearings. Wippermann felt that by moving all public hearings to the planning commission level it would restrict access and public comment to the city council and also the fact that the 5:30 start time of the planning commission would limit the number of people able to make the meetings. Council also questioned how concerns raised in those public hearings at the planning commission meetings would be communicated to the city council. Council agreed that more discussion was needed before the public hearing. City Administrator Burt advised that it would be added as a discussion item on the November 2Ist city council meeting. Mayor McMenomy opened the public hearing regarding the Chippendale Partners Review of Concept Mixed Use Planned Unit Development. The recording secretary advised that the published, posted, and mailed affidavits were on file. The mayor reviewed the Public Hearing process and noted that audience input would be allowed following staff and developer presentations. Staff advised that a public hearing is required for the review of the concept for a mixed use planned unit development proposed for the undeveloped property south of County Road 42 between Chippendale Avenue and Shannon Parkway. Public Works Director Osmundson and Assistant Planner Pearson provided an overview of the proposal explaining that the mixed use proposal includes retail and service commercial, office, and attached residential. Mayor McMenomy suspended the public hearing so that City Clerk Susan Walsh could declare the election results. Cathy Busho was elected Mayor, and Dennis Wippermann and Kevin Carroll were elected councilmembers. The fire station referendum passed with 1,350 "yes" votes to 1,203 "no" votes. MOTION by McMenomy to adopt a resolution declaring results of the election. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: 0. Mayor McMenomy called for a five minute recess at 8:53 p.m. The regular meeting reconvened at 9:00 p.m and the public hearing continued. The developer and members of the development team were introduced. John Voss, the projects planning consultant from Urban Planning and Design, commented on the proposal. Public testimony was heard and the following people offered comments: Dan O'Dowd, 15032 Derby Circle, voiced concern regarding Walgreens and its close proximity to Wensmann addition, safe access to area, lights, and trash receptacles. Anne Aune, 14850 Crandall Avenue, stated that both developers of her addition showed her plans with residential in the area. Greg Drehmel, 15039 Derby Circle, was told that the area could not be developed commercial because it was zoned agriculture and that it would be residential all around. Ron Bennett, 3966 Upper 149th St. W., comp plan should be re- evaluated. Keith Maletta, 3751 152nd St., more studies need to be done and look at re -doing comp plan. Kim Shoe Corrigan, 14866 Crandall Avenue, was told land would never be commercial Pedestrian friendly commercial was suggested. Steve Bunda, 3571 152nd St. W., traffic studies should have been done first. Told by developer that area would be residential. Kelly Sampo, 3589 152nd St. W., asked for explanation of comp guide plan, would like to know where park will be located, need to do market and traffic studies first, dead -end Claret Avenue. Claire Bunda, 3571 152nd St. W., requested staff meet with neighborhood. Mark DeForrest 3642 152nd St. W., put development at corner of Highway 3 and County Road 42. Carol Conway, 2736 152nd St. W., safety issues with ponding areas Emmett McKenzie, 15023 Derby Circle, requested council delay action, need to be more sensitive to buffer zones to the west of development. Chris Maletta, 3751 152nd St. W., issue with mosquito control of holding ponds. Kelly McGivern, 15173 Claret Avenue, traffic issues. Joan Jensen, 3931 153rd St. W., concern over valuation of proposed townhomes, do not want to back up to commercial. Linda Temple, 15284 Columbary Circle, concerned that weeds around holding ponds will never get mowed Brad Zaboz, 14936 Colorado, table proposal until more information is received. Phyllis Newman, 15125 Derby Circle, concern over loading dock areas. Bill Day, north side of Shannon Parkway and County Road 42, concerns with traffic, keep commercial at Highway 3 and County Road 42, requested that setbacks from C.R. 42 be considered. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 1995 Sue Larson, 3556 152nd St. W., concern that price range of townhomes in the buffer area would not be in the same price range as their homes, no commercial past 151st Street. Will Couillard, 15257 Claret Avenue. MOTION by Anderson to close the public hearing SECOND by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: 0 Discussion ensued and councilmembers offered their comments. MOTION by McMenomy to table action on the Chippendale Partners Review of Concept Mixed Use Planned Unit Development. SECOND by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: 0. Mayor McMenomy called for a break at 12:00. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 1995 The meeting reconvened at 12:05 a.m. Councilmember Anderson did not return to her seat. Mayor McMenomy opened the public hearing regarding the AAA Auto Salvage, 2595 160th Street West, Concept Planned Unit Development for General Industrial Mixed Use. The recording secretary advised that the published, posted, and mailed affidavits were on file. Assistant Planner Pearson reviewed staff correspondence regarding AAA Auto Salvage's request to develop an adjacent 10 acres to the east and combine it with their current site. This will allow for the construction of a 30,000 square foot building that will house several tenants. Pearson advised that at their September 26, 1995, the Planning Commission recommended approval with a modification to the landscaping plan. Pearson explained that the proposed building treatments comply with zoning standards. There were no comments from the audience. MOTION by Busho to close the public hearing. SECOND by Staats. Ayes: Busho, Wippermann, McMenomy, Staats. Nays: 0 MOTION by Busho to adopt a RESOLUTION APPROVING THE CONCEPT FOR THE AAA AUTO SALVAGE GENERAL INDUSTRIAL MIXED USE PLANNED UNIT DEVELOPMENT WITH CONDITIONS. SECOND by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho. Nays: 0. Councilmember Anderson returned to her seat and reminded council of the upcoming Dakota County League of Government meeting being held on November 8, 1995, at city hall. Mayor McMenomy advised that he will be resigning from the Koch Refining Task Force. 4 MOTION by McMenomy to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. The meeting adjourned at 12:22 a.m. The City Council agenda packet is Clerk's File 1995 -25. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 1995 Respectfully submitted, 01a Deborah Widstrom Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEIIIBER 21, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 21, 1995 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 LeFevere, City Administrator Burt, Senior Planner Mack, Assistant Planner Pearson, Parks and Recreation/Community Center Director Topitzhofer and Public Works Director /City Engineer Osmundson. Mayor McMenomy led the group in the Pledge of Allegiance. Two items were added to the Consent Agenda: I) Approve Hiring of Community Center Receptionist and 2) Accept Resignation of Community Development Secretary and Authorize Posting and Advertising; Administrator Burt added a Executive Closed Session for the Kelly Trust Special Assessment; and Councilmember Busho added to Old Business, Fire Station Property Discussion. City Administrator Burt gave an update on the neighborhood meetings regarding the Chippendale Partnership Mixed Planned Unit Development proposed by Mr. McNamara near Shannon Parkway and County Road 42. The neighborhood groups were well organized and very positive. They had concerns about a large commercial area so close to their homes They requested a larger buffer area of residential homes, a park, keeping the cul -de -sac on Claret Avenue, and additional landscaping buffer area such as berms. The commercial lighting was also a concern. One common complaint was that when purchasing homes in this area residents were told by the developer that the northern land area would be townhomes. Councilmembers discussed the traffic studies, market studies, and recent changes proposed by the developer. Staff will continue to work with the developer and the residents MOTION by Wippermann to approve the Consent Agenda with the two added items: Approve Hiring of Community Center Receptionist and Accept Resignation of Community Development Secretary and Authorize Posting and Advertising. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, and Wippermann. Nays: None. Senior Planner Mack reviewed the Cope Planned Unit Development for property located at 14760 South Robert Trail. Mr. Cope and AVR, Inc. Pension Plan and Trust would be required to enter into a Planned Unit Development and Subdivision Agreement stipulating responsibilities for improvements. Some of these improvements include curbing, paving, landscaping, directional signage, drainage improvements and pavement striping which would be made in two phases. MOTION by Wippermann to adopt a resolution APPROVING THE FINAL PLANNED UNIT DEVELOPMENT AND FINAL PLAT FOR THE COPE ADDITION. Second by Busho. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Mayor McMenony opened the Public Hearing for the Shannon Meadows Preliminary Plat, Planned Unit Development Plan and Rezoning. The recording secretary noted that the published, posted, and mailed affidavits were on fde. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 1995 Assistant Planner Pearson gave a review of the Shannon Meadows proposed development. It is a 12.8 acres of property west of Shannon Parkway and north of 145th Street West. It will contain 28 lots which will require only six variances. Rezoning from Agriculture to Residential -1 should occur when the final plat is approved. A new street, Dallara Court, will run north and south with a cul -de -sac on the south end. A sidewalk will be recommended along 143rd Street West. Council discussed sanitary sewer, storm water requirements, walking trails and property description. Roger Getsby, 3999 West 144th Street, was concerned about the pond storm water pipes traveling underground through the cul -de -sac area to Hawkins Pond and their ability to move the water fast enough Getsby noted that a sidewalk would be a good safety factor. MOTION by Wippermann to close the Public Hearing for Shannon Meadows Preliminary Plat, Planned Unit Development Final Development Plan and Rezoning. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE SHANNON MEADOWS FINAL RESIDENTIAL PLANNED UNIT DEVELOPMENT AND SHANNON MEADOWS PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL. Second by McMenomy. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. MOTION by Wippermann to table the rezoning of the Shannon Meadows Final Residential Planned Unit Development. Second by Anderson. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Mayor McMenomy opened the Public Hearing for the Mike Mickelson Rezoning Petition. The recording secretary noted that the published, posted, and mailed affidavits were on file. Assistant Planner Pearson noted that Mr. Mickelson had requested a building permit to construct a house on five parcels which do not front on a public street. The rezoning would be from Agriculture to Rural Residential and is consistent with the Comprehensive Guide Plan land use designation of the property. MOTION by McMenomy to dose the Public Hearing for the Mike Mickelson Rezoning Petition. Second by Wippermann. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by Wippermann to adopt an ordinance providing for the rezoning of property in the northwest quarter of Section 18, Township 115, Range 19, owned by Mike Mickelson from AG Agriculture to RR Rural Residential. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. 2 1' 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 1995 Councilmember Busho requested further information on justification of the land price for the new fire station. Staff was requested to have a preliminary appraisal report done. City Administrator Burt said that five sites had been identified by the Fire Service Task Force. The first choice would be the corner lot of Shannon Parkway and Dodd Boulevard. MOTION by McMenomy to have staff do a preliminary appraisal not to exceed $3,000 from Council Designated funds. Second by Busho. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Public Works Director Osmundson reviewed the appeal request of Markos Chouliaris from TOPS Pizza for the Metro SAC Charges and the City SAC Charges after the expansion of his restaurant. Chouliaris appealed first to the Utility Commission who offered to lower the SAC charge from two units to one unit. Chouliaris had paid the Metro SAC Charges in full and he was advised that those charges have no appeal process. Discussion ensued. MOTION by McMenomy to uphold the decision of the Utilities Commission to lower the City SAC charge from two units to one unit for Markos Chouliaris, TOPS Pizza 14533 Dodd Boulevard. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Public Works Director Osmundson proposed a change to the STAC (Storm Sewer Access Charges) that the City presently collects with building permits. Osmundson suggested splitting the cost between the developer and the builder. This change will allow the city to have funding up front for the trunk costs for storm water facilities in a project area. Council consensus was in agreement, but no action was taken. Parks and Recreation/Community Center Director Topitzhofer introduced a grant resolution for the Americorp, Learn and Serve America, Service Learning/Work -based Learning Grant Proposal. Community Resource Coordinator Jamie Steckart will supervise this project with in- kind and cash resources supplied by the Minnesota Department of Education's Crime Reduction Grant. Support from the City Council was requested. MOTION by Anderson to authorize Jim Topitzhofer, Parks and Recreation/Community Center Director, to be the authorized representative for the Learn and Service grant application, entitled Youth Service Team during the period from January 1, 1996 to December 31, 1996. Second by Busho. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Assistant Planner Pearson reviewed the history of the public hearing process for zoning and subdivision ordinances through the Planning Commission and the City Council. The intent is to provide opportunity for public comment earlier in the review process. Council would also like to see signs announcing a public hearing date posted on any property affected by a zoning change. MOTION by McMenomy to schedule a public hearing for 8:00 p.m. or as soon thereafter as possible on December 5, 1995 to hear testimony regarding the proposed Subdivision and Zoning 3 1 1 The meeting was resumed at 10:03 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 1995 Text Amendments for public hearings. Second by Busho. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by McMenomy to enter an Executive Closed Session for the Kelly Trust Special Assessment. Second by Anderson. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Busho. Ayes: Wippermann, McMenomy, Staats, Anderson. Nays: None. The meeting was adjourned at 10:05 p.m. The City Council Agenda Packet is Clerk's File 1995 -26. Respectfully submitted, G Linda Jentink, Recording Secretary 4 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 29, 1995 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Wednesday, November 29, 1995 at 7:00 o'clock p.m. in the Council Chambers at Rosemount City Hall. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Wippermann, Staats, and Busho present. City staff present were City Administrator Burt, Administrative Assistant Walsh, Police Chief Knutsen, Community Development Director Rogness, Public Works Director Osmundson, Finance Director May, Parks Recreation/Community Center Director Topitzhofer Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy opened the public hearing to consider the proposed '19996 operating budget and tax levy. City Administrator Thomas Burt advised the audience the proposed 1996 operating budget was the result of several staff meetings and three city council workshop meetings held over the past several months. The preliminary budget was approved by the City Council on September 5, 1995. City Administrator Burt explained how property taxes are calculated in Dakota County and how a change in market valuation of a home can affect property taxes. He also briefly reviewed how property taxes will be increased because of the passing of the recent fire station referendum and school district referendum. City Administrator Burt reviewed the expected 1996 revenues for the City, and explained what contributed to certain departments within the City to have an increase in their budgets for 1996. The total operating budget increased from 1995 to 1996 is 5.52% Members of the audience had several questions for the City Council and staff MOTION by Staats to close the public hearing. SECOND by McMenomy. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy announced the resolution to approve the 1996 budget and levy to be certified to Dakota County will be adopted at the December 5, 1995 regular meeting. MOTION by McMenomy to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. The City Council Agenda Packet is Clerk's File 1995 -27. Respectfully submitted, Susan M. Walsh Administrative Assistant ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 5, 1995 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 LeFevere, City Administrator Burt, Community Development Director Rogness, Senior Planner Mack, Assistant Planner Pearson, Public Works Director /City Engineer Osmundson and Fire Chief Aker. Mayor McMenomy led the group in the Pledge of Allegiance. The two public hearings were pulled from the agenda because the Public Notices did not get published in the official city paper, the Rosemount Town Pages. These public hearings were: 1) Eastbridge Townhomes Planned Unit Development Final Development Plan, Preliminary Plat and Rezoning and 2) Zoning and Subdivision Ordinance Text Amendment (on revising the public hearing process). One item was added to Old Business: Fire Station Property. A letter was received from Peter J. Coyle, from Larkin, Hoffinan, Daly Lindgren, Ltd. regarding the Concept Plan Approval for the Chippendale /42 Partnership Project. A petition was received from residents of O'Leary Hills 5th Addition stating concerns for the Chippendale /42 Partnership Project. City Administrator Burt requested direction from the City Council on the choice of selection process for the city councilmember position open January 2, 1996. After Mayor -elect Busho is sworn in on January 2, 1996, a councilmember vacancy will be created. State law dictates that this position will be filled by appointment by the Mayor and three remaining city councilmembers.. In the case of a tie, the mayor would have the deciding vote. Concensus was to advertise in the local paper, application forms would not be required initially, and a list of interested persons would be assembled. This list will be reviewed some time after the January 2, 1996 meeting. Mayor McMenomy introduced the new Community Development Director Dan Rogness. Rogness started a week ago and is welcomed by City Council and staff to the City of Rosemount. Rogness was formerly Community Development Director for the City of Northfield. MOTION by McMenomy to approve the Consent Agenda. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. The Chippendale Partners requested their agenda item be considered later in the meeting while they wait for additional staff to arrive. Mayor McMenomy agreed. Senior Planner Mack reviewed a Housing Goals Agreement Metropolitan Livable Communities Act. This agreement sets out the principles and goals of the Act that are specific to Rosemount. It sets benchmark percentages for affordablity, life cycle, and density; and authorizes the Dakota County FIRA to serve as facilitator for Rosemount in the county wide "Cluster Plan" for implementation of the Goals Agreement. Tracie Chamberlin from the Dakota County Housing and Redevelopment Authority explained that she is working with eleven cities to help set comprehensive goals, standardize language, and establish what resources are available to complete the five year action plan for the Housing Goals Agreement. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 1995 MOTION by Anderson to approve entering into the Housing Goals Agreement under the Metropolitan Livable Communities Act. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Assistant Planner Pearson reviewed the Zoning Ordinance Text Amendment: Increased Setbacks Along Major Streets, Highways, and Railroads. Staff realized the need for this change after recent residential development on County Road 42. The Planned Unit Development process would allow for variations of setback criteria in exchange for higher standards of design and creativity. The Planning Commission felt that this was one opportunity to maintain some of the rural character of Rosemount with added safety. Glen Sexton, CMC Heartland Partners, commented on the proposed Text Amendment. Sexton felt that the sideyard setbacks were too large, but the rearyard setbacks were good. Ten feet is standard for sideyards. Also, commercial development near a railroad should be allowed to build on the easement line. Sexton felt the amendments could make it more difficult for businesses to build in Rosemount. Assistant Planner Pearson noted that six developers had been contacted for input. Three responded positively and there was no response from the other three. Also a study was done of five surrounding cities and their setbacks. Council made several comments. This will be presented to Council again at a future meeting. Mayor McMenomy noted that the Public Hearing for Chippendale Partners Mixed Use Planned Unit Development Concept Review was held November 7, 1995. Council is aware of the concerns of neighbors and McMenomy urged those making comments not to repeat unnecessarily the same concerns. Presentations for the Chippendale Partners Mixed Use Planned Unit Development Concept Review were made by the City and the developer updating all present with the new changes to the concept plan. Peter J. Coyle, from Larkin, Hoffman, Daly Lindgren, Ltd. noted they have worked with the City Council and staff in good faith and made several design changes complying with the Comprehensive Guide Plan and the Mixed Planned Unit Development process. John Voss noted the added three acre park, the realignment of 151st Street, removal of the "big box" and service station, and not allowing a 24 hour drugstore. Developers indicated they were aware of the six conditions set forth in the recommended agreement. A traffic study and market study will be done if approved. The full development of this land is not expected until the year 2020. Jim Johnson, P.E. for Bolten -Men an engineer for the developer, commented on the developer's proposed full access on Shannon Parkway by County Road 42. He proposed a preliminary lane layout with an access approximately 350 feet south of CS AH 42, which in his opinion, would allow adequate stacking space and smooth traffic flow. Phyllis Newman, from the Wensmann development, wanted to know the impact on December Trail's traffic between the two parks. Newman indicated that speed is a problem now and she felt it would increase the danger to pedestrians. City Administrator Burt said that if speed is a 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 1995 problem the Police Department can increase patrols in the area now and that a traffic study will give specific answers to traffic flow problems. Kelly Sampo, 3589 152nd Street West, submitted a petition from O'Leary's Hills 5th Addition residents showing seven concerns. They felt additional changes could be made by the developer. Ted Peterson, of Derby Circle, thought the west side of Shannon Parkway should be improved to protect it from the commercial area. The developer stated that they could not promise any ntodigications to the development on the west side of Shannon, since that land is not in the development, however, he indicated more landscaping and berming could be incorporated on the east side of Shannon and help block the commercial area view. Steve Werner, 3864 Upper 149th Street, noted that the sweep of headlights from the accesses on County Road 42 would not be favorable for the neighbors on the north side of County Road 42. Werner thought that there was not enough consideration for the hones to the north. Staff assured him these homes had been talked about and other neighbors to the north did comment at earlier meetings. Ron Bennett, 3966 Upper 149th Street, did not like that the space for a large department store could still be a possibility. MOTION by Mayor McMenomy to approve A RESOLUTION APPROVING A CONCEPT FOR CHIPPENDALE PARTNERS MIXED USE PLANNED UNIT DEVELOPMENT AND SETTING OUT THE CONDITIONS FOR A FINAL DEVELOPMENT PLAN. Second by Staats. Ayes: McMenomy, Staats, Anderson. Nays: Busho, Wippermann. Motion was passed. It was noted that a four /fifths vote would be required when rezoning is requested for this project. Council noted that the market study and traffic study will have to help convince at least four councilmembers at that point that this development is good for Rosemount. Mayor McMenomy called for a ten minute break. The meeting was resumed at 9:30 p.m. City Administrator Burt presented the appraisal results for the fire station site located on the corner of Shannon Parkway and Dodd Boulevard. The appraised value for the site is $172,620 and the sellers price is $189,424. Mr. Herb Wensmann was contacted and indicated he would agree to split the price difference if the land sale is before January 1, 1996. Discussion ensued by Council. MOTION by Busho to purchase Outlot B, 2.9 acres, from the Wensmann 9th Addition development for the new fire station in the amount of $181,022. Second by Wippermann. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Councilmember Busho commented that the fire station site price was justified, alternate sites were considered, and the City saved $8,000. City Administrator Burt confirmed that if additional funds 3 are needed to build the fire station it will have to be budgeted into the Capital Improvement Project funds or continent funds Mayor McMenomy requested Council to appoint a member to the MCA/Koch Refining Task Force. The purpose of the committee is to design and review research activities to determine whether Koch Refinery is a health risk to neighboring communities. An elected official typically serves on this committee. MOTION by Anderson to appoint Kevin Carroll, Councilmember- elect, to represent the City of Rosemount on the Minnesota Pollution Control Agency/Koch Refining Task Force. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Councilmember Anderson displayed a plaque awarded to the City of Rosemount at its annual meeting for its program, "Partners in Progress." Rosemount was recognized for the new commercial/industrial business park which will soon be home to several quality businesses. City Administrator Burt confirmed that two sites in Rosemount, by the University of Minnesota Agriculture property and Koch Refining, are being considered for a truck -train terminal. The terminal would probably cover about 165 acres and would cost at least $150 million for on -site development. One other site is also being considered in Cottage Grove. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. The meeting was adjourned at 9:45 p.m. The City Council Agenda Packet is Clerk's File 1995 -28. Respectfully submitted, Linda Jentink, Recording Secretary 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 1995 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 19, 1995 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 LeFevere, City Administrator Burt, Community Development Director Rogness, Senior Planner Mack, Assistant Planner Pearson, Public Works Director /City Engineer Osmundson and Administration Intem Lotter. Mayor McMenomy led the group in the Pledge of Allegiance. One item was added to the Consent Agenda, 4 m. Budget Amendments for Donations Received Previously; and a Closed Session was added to discuss the Kelly Trust Assessment Agreement. Kevin Carroll gave an update on S.O.A.R. which will be having a rally on December 20th in Vermillion at 5 p.m. Arnie Carlson, Governor of Minnesota, gave his support this week announcing opposition to any relocation of the Twins Cities International Airport. Ted Mondale, DFL indorsed, is authorizing a bill that deals with these same issues and would restrict Metropolitan Council from land banking for an airport. The Governor is calling for all airport related reports to be completed very soon and have the entire issue come to a close. Another organization, A.S.A.P. (Association for Sensible Airport Planning) which had a low profile before has decided to actively pursue the Governors platform. A Public Hearing will be January 17, 1996, at 7 p.m., at Hastings Senior High School and also a Public Hearing will be held January 18, 1996, 7 p.m. at Washburn High School in Minneapolis. The Machinists' Union has also stated that it is against any moving of the Twin Cities International Airport. This Union has 25,000 members with 11,000 of them working in the Twin Cities area. Councilmember Wippermann made presentations to Mayor E.B. McMenomy and Councilmember James "Red" Staats in appreciation for their last four years of public service in the City of Rosemount. Each received a wall plaque and the appreciation of staff city council, and residents. The Consent Agenda was discussed. MOTION by McMenomy to approve the Consent Agenda with the addition of 4.m. Budget Amendments for Donations Received Previously and a change to the December 5, 1995 Regular City Council minutes with the addition of the word "initially" to the fourth paragraph, fourth sentence. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Community Development Director Rogness directed that the city's financial advisor noted new legislative laws that could restrict city funds of Tax Increment Districts, specifically, TIF District No. 1 -2. Rosemount has the option of changing the previously required LGA /HACA penalty to a "local contribution" of 7.5 percent of the actual annual tax increment. If further changes occur in the legislature this will allow the city to change back to LGA/HACA, but if the option of local contribution is not made the city must remain in the LGA/HACA program even if it is not beneficial. This is basically a protection which allows the city more choices to better direct its financing. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1995 MOTION by Wippermann to approve a RESOLUTION PLEDGING A CONTRIBUTION OF UNRESTRICTED FUNDS IN SUPPORT OF A TAX INCREMENT FINANCING PROJECT that will amend the penalty in TIF District No. 1 -2 from LGA/HACA to a local contribution from unrestricted funds. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. City Administrator Burt noted that Lisa Jost announced plans to accept a position with the City of Maple Grove as Community Center Manager. Lisa worked for the City for twelve years in the Parks and Recreation Department. She is a very dedicated employee. Both staff and residents will certainly miss her. The City will host an open house on December 20, 1995, 4 p.m. to 6 p.m. for Lisa at the Community Center. MOTION by McMenomy to accept the resignation of Lisa Jost, Recreation and Community Center Manager, effective January 2, 1996. Second by Anderson. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Public Works Director /City Engineer Osmundson gave an overview of the 1996 street and utility reconstruction improvement project, City Project 266. The area affected is Cameo Avenue from 145th Street to Lower 147th Street, Lower 147th from Canada Avenue to Burma Avenue, and Burma Avenue from Lower 147th Street to 146th Street. The reconstruction will include total street reconstruction, water, sanitary sewer, storm drain, sidewalk, some electrical relocation, and possible street light replacement. The total project cost is estimated at 2.6 million dollars and the proposed assessment per single family lot is 52,500. An informational meeting will be held December 21, 1995 at 6:30 p.m. at City Hall. The public hearing is scheduled for January 16, 1995, at 8:00 p.m. MOTION by McMenomy to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT /SET PUBLIC HEARING, 1996 STREET AND UTILITY RECONSTRUCTION IMPROVEMENT PROJECT, CITY PROJECT 266. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy noted that the public hearings would proceed and the recording secretary noted that the published, posted, and mailed affidavits were on file for each Mayor McMenomy opened the Eastbridge Townhomes Planned Unit Development Final Development Plan, Preliminary Plat and Rezoning. Assistant Planner Pearson reviewed the plat of Eastbridge Townhomes by CMC Heartland Partners showing 72 townhomes. The Planning Commission carefully placed eight conditions on the approving resolution, two of which CMC had objections to. They were: 1) relocation of the rail spur consistent with the design of the site plan dated 10/27/95 prior to approval of a final plat; and 2) provision of a cross access circulation easement with Lot 15, Auditor's Subdivision No. 1 (quonset hut site) prior to approval of a site plan for commercial development. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1995 Council discussed avoiding land locking Lot 15 and provisions for such. City Attorney LeFevere developed verbiage to trigger an easement, but not until such time as it is needed. Glen Sexton, representing CMC Heartland Partners said it would be an incompatible use to have 18 wheelers crossing a commercial parking lot. Council consensus changed condition #6. as follows: "provision of a cross access circulation easement with Lot 15, Auditor's Subdivision No. 1 (quonset hut site) prior to approval of a site plan for commercial development; such easement (which shall be provided in lieu of a dedicated public road) shall not become effective until: 1) zoning of Lot 15 is changed to a commercial district consistent with the Comprehensive Plan; 2) the use of Lot 15 is changed to a use permitted in the commercial zoning district in effect after such rezoning; and 3) access to Lot 15 is not permitted by a competent legal authority to either Highway 3 or County Road 42." Council decided not to change the railroad spur condition. Renee Stevenson, 14600 Cameo, thought that this would be an undue hardship for the existing business on Lot 15 MOTION by McMenomy to close the Public Hearing for Eastbridge Townhomes Planned Unit Development: Final Development Plan, Preliminary Plat and Rezoning. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by McMenomy to adopt an amended RESOLUTION APPROVING THE EAST BRIDGE TOWNHOMES FINAL MIXED USE PLANNED UNIT DEVELOPMENT AND EAST BRIDGE TOWNHOMES PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. MOTION by Wippermann to indefinitely table the rezoning from EP Industrial Park to R -2 Single Family Attached Residential and C -4 General Commercial with approval of final plat, subject to submission of a written request from the developers. Second by Busho. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for the Zoning and Subdivision Ordinance Text Amendments for Planning Commission Conducted Public Hearings Assistant Planner Pearson explained that the amendment to the zoning and subdivision ordinances would shift public hearings from the City Council to the Planning Commission meetings. This would allow public input at an earlier point in development and streamline the process. The Planning Commission meetings will be the second and fourth Tuesdays of each month at 6:30 p.m. and all public hearings will be at 7:00 p.m. MOTION by McMenomy to close the Public Hearing for the Zoning and Subdivision Ordinance Text Amendments for Planning Commission Conducted Public Hearings. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1995 MOTION by Busho to adopt a Zoning Ordinance Text Amendment that will shift public hearings from the City Council to the Planning Commission for planned unit developments and ordinance amendments. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Buhso. Nays: None. MOTION by Busho to adopt a Subdivision Ordinance amendment that will shift public hearings from the City Council to the Planning Commission for preliminary plats. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. Mayor McMenomy opened the Public Hearing for the Mineral Extraction Permit Renewal for Lance Johnson and Freidges Landscaping. Assistant Planner Pearson reviewed the Mineral Extraction Permit renewal for Freidges Landscaping. The ongoing sand and gravel extraction has been in operation many years and the City has not received any complaints as a result of the 1995 operating season. The Planning Commission recommended its approval on November 28, 1995. MOTION by McMenomy to close the Public Hearing for the Mineral Extraction Permit Renewal for Lance Johnson/Freidges Landscaping. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. MOTION by Wippermann to approve the renewal of the mineral extraction permit for Lance Johnson/Freidges Landscaping subject to the attached conditions for 1996. Second by Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None. Mayor McMenomy opened the Public Hearing for the Mineral Extraction Permit: 1996 Marley Danner, 4594 145th Street East. Assistant Planner Pearson explained the request of Marley Danner of Danner, Inc. for a mineral extraction permit and an asphalt plant if needed for the property owned by Richard and Ramona Cordes at 4594 145th Street East. The 75 acre lot is on the south side of SCAH 42, about one mile east of STH 52. They anticipate extraction of 100,000 cubic yards material each year for nine years. One objection was voiced to planning staff regarding the asphalt plant from the adjacent property owner to the east. The Planning Commission did recommend approval of the permit with the asphalt plant on November 28, 1995, emphasizing safety and fencing. Frank Knoll, 4322 145th Street East, was against another mineral extraction company in his neighborhood. Knoll objected to more trucks and noise in his area and especially to smells from an asphalt plant. MOTION by McMenomy to close the Public Hearing for the Mineral Extraction Permit: 1996 for Marty Danner at 4594 145th Street East. Second by Staats. Ayes: Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. MOTION by Busho to approve the mineral extraction permit excluding the asphalt plant for 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1995 Danner, Inc. subject to the sited operating conditions for 1996. Second by Wippermann. Ayes: Busho, Anderson, Wippermann. Nays: McMenomy, Staats. Motion passed. MOTION by McMenomy to adjourn to the two Closed Executive Sessions for Kelly Trust Assessments and the City Administrator's Performance Evaluation and adjourn the regular City Council meeting. Second by Anderson. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. The regular meeting was adjourned at 9:40 p.m. The City Council Agenda Packet is Clerk's File 1995 -29. Respectfully submitted, Linda Jentink, Recording Secretary 5 ROSEMIOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 1996 Administrative Assistant/City Clerk Walsh performed the oath of office for Mayor Cathy Busho, Councilmember Dennis Wippermann, and Councilmember Kevin Carroll Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 2, 1996 at 7 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson. Wippermann, and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, Administrative Assistant/City Clerk Walsh, Community Development Director Rogness, Assistant Planner Pearson, Public Works Director /City Engineer Osmundson and Parks and Recreation/Community Center Director Topitzhofer. Mayor Busho led the group in the Pledge of Allegiance. City Clerk Walsh introduced Marty Forseth from Healtheast Ambulance Service and Dani Paulson of the American Heart Association who presented plaques to Firefighter Joe Gerrits. the Rosemount Fire Department (received by Chief Aker), and the Rosemount Police Department (received by Chief Knutsen) for the life saving procedures used on July 7, 1995 to save Mr. Kelly from a heart attack. These Distinguished Service Awards prove the "Chain of Survival which is "early recognition, defibrillation, and rapid intervention" is a life saving procedure. Rosemount squad cars now each carry a defibrillator kit so this procedure might be available when needed. Mr. Kelly gave Gerrits a big embrace and thanked him for his quick thinking. One item was added to the Consent Agenda, 4.i. Payment #10 Final, Rosemount Business Park, Phase IA, City Project #256. Councilmember Carroll thanked his family, parents, wife, and daughter for their help during his election campaign. He noted how proud he was to represent the citizens of Rosemount and hoped to demonstrate how participating in city government is a positive contribution. Councilmember Wippermann thanked his family and residents for their part in his re- election. Mayor Busho said she remains committed to the City of Rosemount and thanked all who helped in her campaign. Two items were pulled from the Consent Agenda for separate polling, Item 4.g. Gambling Premises Permit Renewal for Rosemount Jaycees and Item 4.a. Minutes of December 19, 1995 Regular City Council Meeting. These items were placed under Old Business. MOTION by Wippermann to approve the Consent Agenda pulling Item 4.a. and Item 4.g. for separate polling and adding Item 4.i. Payment #10 Final, Rosemount Business Park, Phase 1A, City Project #256. Second by Anderson. Ayes. Anderson, Wippermann, Busho, Carroll. Nays: None. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 1996 City Administrator Burt requested an appointment of a trustee to the USPCI Rosemount Community Trust. Cathy Busho had served for the past three years and expressed interest in continuing. MOTION by Wippermann to adopt A RESOLUTION FOR APPOINTMENT OF CATHY BUSHO AS TRUSTEE TO THE U.S.P.C.I., INC. ROSEMOUNT COMMUNITY TRUST. Second by Carroll. Ayes: Wippernann, Carroll, Anderson. Nays: None. Abstain: Busho. MOTION by Anderson to approve the December 19, 1995 Regular City Council meeting minutes. Second by Wippermann. Ayes: Busho, Anderson, Wippermann. Nays: None. Abstain: Carroll. MOTION by Anderson to approve the Gambling Premises Permit Renewal for the Rosemount Jaycees. Second by Wippermann. Ayes: Carroll, Anderson, Wippermann. Nays: None. Abstain: Busho. Parks and Recreation/Community Center Director Topitzhofer presented some reorganization to the department upon the resignation of Lisa Jost, Recreation and Community Center Manager. The most pressing need now is to have the phones covered and he suggested having ajob share receptionist whereby they would rotate in a two week schedule, three days, then two days. This would be a regular part-time position without benefits. MOTION by Carroll to approve advertising and posting for a part-time receptionist at the Community Center. Second by Wippermann. Ayes: Anderson, Wippermann, Busho, Carroll. Nays: None. Community Development Director Rogness reviewed the Tax Increment Financing Policy which was recommended by the Port Authority. The policy should be reevaluated once a year and will be helpful when negotiating with companies. Council discussed a revision to page 2 of 5, IV a.. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE TAX INCREMENT FINANCING POLICY as recommended by the Rosemount Port Authority with the suggested modifications. Second by Carroll. Ayes: Wippermann, Busho, Carroll, Anderson. Nays: None. Mayor Busho opened the Public Hearing for the Sather Addition Administrative Plat at 4063 145th Street West. The recording secretary noted that the Affidavits of Posted, Mailed. and Published notice were on file. Assistant Planner Pearson noted that Gordon Sather wished to create two lots on the property formally owned by Olga Strese at 4063 145th Street West. The lot widths would be 80 feet and 135 feet for residential use. No variances were required and the Planning Conunission recommends its approval. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 1996 MOTION by Busho to close the Public Hearing for the Sather Addition Administrative Plat request. Second by Anderson. Ayes: 4. Nays: None. MOTION by Anderson to approve the administrative plat for the Sather Addition subject to 1) provision of a ten foot wide drainage and utility easement along the northern property line; 2) payment of one unit of Park Dedication; and 3) payment of a GIS Fee. Second by Busho. Ayes: Carroll, Anderson, Wippermann, Busho. Nays: None. Administrative Assistant /City Clerk Walsh updated the Council on the applicants for commission/committee appointment and for the councilmember vacancy. Meeting dates for interviews for each were discussed. Fifteen minutes would be allowed for commission interviews and twenty minutes for councilmember interviews. Kimberly Shoe- Corrigan's application was received one day late and staff requested council's opinion whether to include it with the others. The consensus was to include it, but not to receive any others after today. January 2nd. An application form is to be sent to councilmember applicants which will include educational background. MOTION by Anderson to set Special City Council meetings for interviews on January 10th, Wednesday at 6:00 p.m. for commissions and January 30, Tuesday at 6:00 p.m. for selection ofa councilmember. Second by Wippermann. Ayes: Anderson, Wippermann, Busho, Carroll. Nays: None. Administrative Assistant/City Clerk Walsh presented the 1996 Fee Resolution showing some increases. Council questioned staff on specific charges. MOTION by Carroll to adopt A RESOLUTION ESTABLISHING RATES AND FEES FOR 1996. Second by Busho. Ayes: Wippermann, Busho, Carroll, Anderson. Nays: None. Administrative Assistant/City Clerk Walsh related that in February, 1994 the Federal Omnibus Transportation Employee Testing Act of 1991 extended its rules to include local government employees. The City is required to have a policy in place by January 1, 1996. This policy is directed at the public works maintenance employees who are all required to have a commercial drivers license. MOTION by Wippermann to approve the City of Rosemount Policy implementing the Federal Omnibus Transportation Employee Testing Act and related regulations. Second by Busho. Ayes: Busho, Carroll, Anderson, Wippermann. Nays: None. Administrative Assistant/City Clerk Walsh also recommended adopting a policy for all city employees for drug and alcohol testing. It is written in accordance with Minnesota Statutes Chapter 181 and the Federal Drug Free Workplace Act. It prohibits employees from being under the influence of any drug or alcohol while working for the City. Random testing of employees is not included in this policy. This will dictate procedures in the event a situation would arise. City Administrator Burt noted that the cost is prohibitive to test all employees. 1 1 Council noted that all employees should receive a copy of the policy and it should be mentioned on the job applications as well. MOTION by Carroll to adopt A City of Rosemount Drug and Alcohol Testing Policy. Second by Anderson. Ayes: Carroll, Anderson, Wippermann, Busho. Nays: None. An announcement was noted for a February 13, 1996 Joint Planning Commission and City Council meeting at 5:30 p.m. to review the Bus Survey for MVTA on future transportation planning. MOTION by Busho to adjourn the meeting. Second by Carroll. Ayes: 4. Nays: None. The meeting was adjourned at 8:47 p.m. The City Council Agenda Packet is Clerk's File 1996 -01. Linda Jentink, Recording Secretary Respectfully submitted, ROSEMOU F CITY PROCEEDINGS REGULAR \IEETLNG JANUARY 2, 1996 1 ROSEMOLTNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 10, 1996 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Wednesday, January 10, 1996 at 6:00 p m. in the Council Chamber at City Hall, 2875 145th Street West. Acting Mayor Wippermann called the meeting to order with Councilmembers Anderson and Carroll present. Mayor Busho entered later. Also present was City .administrator Burt. The purpose of the meeting was to interview applicants for open commission and committees positions. MOTION by Anderson to appoint commissioners Kevin Carroll and Norm Miller to the Port Authority: John Howard and Kelly Sampo to Parks and Recreation: and Mark DeBettianies and Kimberly_ Shoe Corrigan to Planning. Second by Wippermann. Ayes. Anderson, Wippermann, Carroll, Bush. Nays: None. Discussion of alternates took place as part of the decision process. The Utilities Commission position is undecided until a final applicant is interviewed This will be arranged prior to the January 16, 1996 regular City Council meeting.. City Administrator Burt will contact selected commissioners. MOTION by Kevin to adjourn. Second by Wippermann. Ayes: 4. Nays: None. The meeting was adjourned at 10:12 p.m. Respectfully submitted, Thomas D. Burt, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 16, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 16, 1996 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann, and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, Community Development Director Rogness, Senior Planner Mack, Public Works Director /City Engineer Osmundson, Civil Engineer Litterer and Parks and Recreation/Community Center Director Topitzhofer. Councilmember Anderson led the group in the Pledge of Allegiance. Two items were pulled from the Consent Agenda for discussion, Item 4.p. Amend Ordinance XII.13, Snow Removal on Sidewalks Trails and Item 4.r. Vermillion River Watershed Commission Appointment. These items were placed under New Business. MOTION by Wippermann to approve the Consent Agenda pulling Item 4.p. and Item 4.r. for discussion. Second by Carroll. Ayes: Wippermann, Busho, Carroll, Anderson. Nays: None City Administrator Burt noted that an additional special meeting should be called for interviewing applicants for the vacant councilmember position.. There were eleven applicants. MOTION by Anderson to set a Special Meeting of the City Council for the purpose of interviewing applicants for the vacant Councilmember position on January 27, 1996, at 9:00 a.m.. Second by Carroll. Ayes: Busho, Carroll, Anderson, Wippermann. Nays: None. Senior Planner Mack gave an update on the Airport Dual Track Process and Council consensus was to send support to the Governor for the completion of the study which would bring about an end to the planning of a new airport site. MOTION by Carroll to approve A RESOLUTION REQUESTING A LEGISLATIVE DECISION IN 1996 TO END THE DUAL TRACK AIRPORT PLANNING PROCESS. Second by Wippermann. Ayes: Carroll, Anderson, Wippermann, Busho. Nays: None. Public Works Director /City Engineer Osmundson reviewed the amendments to the "Snow Removal on Sidewalks and Trails. The Ordinance was amended to include trails without reference to material type. Also a fee was discussed of $60 for snow removal when required. MOTION by Carroll to adopt ORDINANCE X1116, AN ORDINANCE AMENDING TITLE 4 PERTAINING TO SNOW REMOVAL ON SIDEWALKS TRAILS. Second by Anderson. Ayes: Anderson, Wippermann, Busho, Carroll. Nays: None. MOTION by Carroll to adopt A RESOLUTION SETTING FEES FOR SNOW REMOVAL ON SIDEWALKS TRAILS; therefore be it resolved, the City Council of the City of Rosemount has set a fee of $60.00 for removal of snow from sidewalks. Second by Anderson. Ayes: Wippermann, Busho, Carroll, Anderson. Nays: None. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 16, 1996 Public Works Director /City Engineer Osmundson explained that the Vermillion Watershed Management Organization notified the City that it needs to select a delegate to select commissioners for vacancies expiring on December 31. 1995. Osmundson has served as a commissioner and his term is up. However, Osmundson may be appointed to help select a delegate at this point and the actual selection will take place after candidates have been identified. Osmundson suggested Joseph Walsh as a candidate. Walsh has served 15 years on our Utilities Commission. The river development is an important area and the City of Rosemount needs to be kept aware of the progress of the project. MOTION by Anderson to appoint City Engineer Bud Osmundson to serve as a delegate for the Vermillion River Watershed Management Organization. Second by Wippennann. Ayes: Busho, Carroll, Anderson, Wippermann. Nays: None. Mayor Busho called for a two minute recess prior to the eight o'clock public hearing. Mayor Busho opened the public hearing for the 1996 Street and Utility Reconstruction Improvements, City Project 266. The affidavits of mailed, posted. and published notice were on file Public Works Director /City Engineer Osmundson gave a presentation of City Project 266, The 1996 Street and Utility Reconstruction Improvements. The project will replace street, underground utilities such as water mains. sanitary sewer, storm sewer, and sidewalks. The proposed assessment was 52,500, but Council did not set the final assessment amount. The audience asked questions of staff. A letter was received by Council from Eldon and Dorothy Stauffer, 3190 Lower 147th Street West, stating that the assessment amount should not be over $2,000. Bernie Szczesniak, 3195 Lower 147th Street West, did not feel the property value would be raised by the curb and gutter improvements. Szczesniak also commented that the larger watermain would benefit fire fighting in the downtown area but these businesses will not be assessed for that improvement. Osmundson explained that a utility core fund which is gathered from all residents is paying for the majority of the cost of the project. Gerry Fluegel, Fluegel Elevator Inc., asked how his business assessment was estimated. Osmundson explained that a normal business process was followed to arrive at the assessment. Renee Stevenson, 14600 Cameo Avenue, wondered why the appraisals on sample lots included the inside of the house and how that helped determine the assessment. Stevenson was not willing to pay 52,500. Joel Schallehn, 3160 Lower 147th Street West, purchased his home August, 1994 and he noticed that this project does not include as many improvements as were made on 145th Street West between Cameo and Chili Avenues. Schallehn would like to see the street remain at 36 feet wide. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 16, 1996 Matt Dowell, 3150 Lower 147th Street West, would like to see buried powerlines. Dowell noted that the curb and gutter would not increase his property value. Dowell said that speed is already a problem and he is concerned for small children. City Administrator Burt said he would report this to the Police Department and additional squad coverage would be provided. Dowell asked about the Methodist Church's assessment and Osmundson said they will be assessed for one lot. Bernie Szczesniak, 3195 Lower 147th Street West, said he thought the Dakota County Senior Housing Project on Cameo should be completed before any street improvements are done because of the heavy equipment needed. Osmundson noted that it is very common to do the street improvements at the same time leaving the final bituminous overlay to be done one year later. Renee Stevenson, 14600 Cameo Avenue, asked what the proposed assessment is to the Dakota County Housing and Redevelopment Authority. Osmundson said their assessment would be about $20,000 Fran Szczesniak, 3195 Lower 147th Street West, commented on the 7 foot boulevard and 5 foot sidewalk and asked how they determined that and how tree replacement would be handled. Osmundson commented on the boulevard placement and that trees and brush would be replaced by the contractor However, large trees could not be replaced in like size, but a well established tree would be planted in its place. Colleen Oxborough, 14690 Cameo Avenue, stated she wanted a 36 foot wide street. Oxborough asked about their specific lot's assessment. It has two driveways on different streets, so the assessment policy calls for a double assessment. Osmundson said they, or any resident, could appeal the assessment amount once it is set. Paul Osborne, 14670 Cameo Avenue, asked about the sidewalks. Osborne did not feel the replacement of sidewalks would increase his property value MOTION by Busho to close the public hearing for the 1996 Street Utility Reconstruction Improvements, City Project 266. Second by Wippermann. Ayes: Four. Nays: None. City Council discussed street width for City Project 266. The consensus was to have the street 36 feet wide. Discussion was held on the concerns of the residents. Assessment amounts were discussed and it was decided to wait until the Assessment Hearing in 1997 before setting the amount. MOTION by Wippermann to adopt A RESOLUTION FOR THE APPROVAL AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 1996 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT 266. Second by Anderson. Ayes. Four. Nays: None. MOTION by Wippermann to adjourn the meeting. Second by Carroll. Ayes: 4. Nays: None. The meeting was adjourned at 9:47 p.m. I Respectfully submitted, Y F� 1 1 The City Council Agenda Packet is Clerks File 1996 -04. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 16, 1996 Linda Jentink, Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 16, 1996 Pursuant to due call and notice thereof a Special Meeting of the Rosemount City Council was duly held on Tuesday, January 16, 1996 at 7:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann, and Carroll present. Also present was City Administrator Burt The purpose of the meeting was to conduct additional interviews for commission openings. David Waldoch, 4125 137th Street West, was interviewed for Utilities Commission Discussion was held following the interview regarding the choice for Utilities Commissioner. Joseph Walsh had been interviewed at a prior meeting. Both candidates were very good MOTION by Anderson to appoint Dave Waldoch to the Utilities Commission position. Second by Carroll. Ayes: Four. Nays: None. Council suggested Joseph Walsh would be a good commissioner for the Vermillion Watershed Management Organization Mayor Busho noted that she appreciated the new application forms used for the City Council appointment and would like to see this used in the future for commission applications. MOTION by Wippermann to adjourn the meeting. Second by Carroll. Ayes: 4. Nays: None. The meeting was adjourned at 7:22 p.ni. Respectfully submitted, 0 Y Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1996 -03. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 27, 1996 Pursuant to due call and notice thereof a Special Meeting of the Rosemount City Council was duly held on Saturday, January 27, 1996 at 9:00 a.m. at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann, and Carroll present. City Administrator Burt was also present. The purpose of the meeting was to conduct interviews for the vacant city councilmember seat. Three applicants were interviewed: John Howard, Kelly Sampo, and John Edwards. The remaining seven were set to be interviewed at a special meeting on January 30, 1996 MOTION by Carroll to adjourn the meeting. Second by Anderson. Ayes: 4. Nays: None. The meeting was adjourned at 10:15 a.m. The City Council Agenda Packet is Clerk's File 1996 -05. Respectfully submitted, Thomas D. Burt, City Administrator Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 30, 1996 Pursuant to due call and notice thereof a Special Meeting of the Rosemount City Council was duly held on Tuesday, January 30, 1996 at 6:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmernbers Anderson, Wippermann, and Carroll present. Also present was City Administrator Burt. The purpose of the meeting was to conduct interviews for the vacant city councilmember seat. Seven interviews were scheduled. The six interviews that were conducted were for Jeff Caspar, Sheila Klassen, Bill Droste, Mark DeBettignies, Ed Barloon and Keith Knautz. Applicant Debbie Johnson did not attend MOTION by Busho to appoint John Edwards as City Councilmember to fill the seat vacated by Mayor Busho which will be a two year term Second by Kevin Carroll. Ayes: Four. Nays: None. MOTION by Wippermann to adjourn the meeting. Second by Anderson. Ayes: 4. Nays: None. The meeting was adjourned at 9:20 p.m. Respectfully submitted, Thomas D. 13u .tty Administrator Recording Secretary The City Council Agenda Packet is Clerk's File 1996 -06. 1 1 ROSEMOUNT CI l' PROCEEDINGS REGULAR MEETING FEBRUARY 6, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. February 6, 1996, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Carroll, Edwards, and Wippermann present. Staff present included City Administrator Burt, Public Works Director Osmundson, Community Development Director Rogness, Parks and Recreation Director Topitzhofer, Senior Planner Mack, Building Official Heimkes, Community Development Intern Lotter. and City Attorney LeFevere. City Administrator Burt performed the oath of office for new councilmember John Edwards. Mayor Busho welcomed Mr Edwards to the council. Councilmember Edwards led the group in the Pledge of Allegiance. Additions to the agenda included 5. B. Pending Airport Legislation, 3. B. Septic Ordinance Update, and 6 D LCM1IR State Grant. Community Development Intern Dean Lotter reviewed staff correspondence regarding designating days for garbage and recyclable material collection. The purpose of designating certain days is the growing concern over public safety issues. Lotter advised that a survey had been sent to local rubbish haulers to detemtine which days could be designated causing the least disruption to the citizens of Rosemount. Councilmembers were comfortable with the resolution as proposed, which designates Monday and Tuesdays as collection days. Lotter advised that the resolution would be brought back to a future council meeting where residents will be able to comment before council approval. Building Official Heimkes introduced Mr. Jim Larson an engineer with the Metropolitan Council Mr. Larson and Mr. Heimkes provided an overview and answered questions on the Met Council's policy regarding the updating and maintenance of private septic systems in the city. Comments and suggestions were received from the council including concerns that the two year pumping requirement is excessive, requiring residents to incur expense to update systems that are functioning properly, and that enforcing the new policy could be time consuming for staff. MOTION by Carroll to proceed with the existing preliminary draft ordinance and recommend staff to proceed with the public informational mailings and meetings and initiate the process for adoption through regular planning commission and council hearings. SECOND by Edwards. Ayes: Anderson. Wippermann, Busho, Carroll, Edwards. Nays: 0. Mayor Busho advised that she has received Commissioner Edwards' written resignation from the port authority due to parliamentary procedure regarding his seating on the council. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 1996 Councilmember Wippermann requested that Items 4. J. and 4. 0 be pulled from the Consent Agenda for discussion. Mayor Busho placed them under New Business. MOTION by Anderson to approve the Consent Agenda as amended. SECOND by Wippermann. Ayes: 5. Nays: 0. Parks and Recreation Director Topitzhofer introduced Mr. Michael Molenda and Ms. Joyce Sauter of the Rosemount Lions Club. Mr Molenda gave a brief overview of the organization's activities and their request to name the park located in Wensmanns 8th Addition, "Lions Park MOTION by Carroll to name the existing park located in Wensmanns 8th Addition, "Lions Park." SECOND by Wippermann. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: 0. Parks and Recreation Director Topitzhofer reviewed staff correspondence regarding the hiring of a Building Supervisor and the reorganization of the Parks and Recreation/Community Center Department. Topitzhofer explained that the hiring and reorganization is a result of the vacancy in the Community Center/Recreation Manager position and the redistribution of the workload of that position The new Building Supervisor will be responsible for rental and cleaning operations at the Community Center and will supervise the Rental Coordinator, Managers on Duty, and Building Attendants. Topitzhofer also advised that because there are qualified people employed in- house. the position will be posted internally only. MOTION by Wippermann to approve the internal posting for the position of Building Supervisor. SECOND by Busho. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: 0. Community Development Director Rogness briefly explained the proposed rezoning of the 2.8 acres purchased for the new fire station. The property is currently zoned R -2 and should be rezoned to PB Public which permits all major public and institutional uses of the property. Rogness advised that the Planning Commission recommended approval after holding a public hearing on January 23, 1996. MOTION by Wippermann to adopt ordinance B- rezoning Outlot B, Wensmann Ninth Addition to PB Public from R -2 Single Family Attached Residential. SECOND by Carroll. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: 0. Councilmember Carroll requested that LCMR State Grant be discussed at the upcoming goal setting session. 2 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 1996 Councilmember Carroll requested that councilmembers and interested citizens lobby state legislators to make a decision on the dual -track airport process this legislative session Staff was directed to draft a letter to the legislators directly involved in the airport issue stating the council's support of making a decision this session. MOTION by Busho to change the Tuesday, March 5, 1996, council meeting to Wednesday, March 6, 1996 SECOND by Edwards. Ayes: 5. Nays. 0. MOTION by Anderson to rescind Resolution 1996 -09 as approved on January 16, 1996. SECOND by Wippermann. Ayes 5. Nays: 0. The resolution is being rescinded in order that the public hearing date can be changed from March 5, 1996, to March 6, 1996. MOTION by Busho to approve A RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR ITS REDEVELOPMENT PROJECT AND THE CREATION OF THE ROSEMOUNT BUSINESS PARK TAX INCREMENT FINANCING DISTRICT. SECOND by Edwards. Ayes: 5 Nays: 0. Councilmembers agreed to set a special city council meeting for Friday, March 8, 1996, at 9:00 a.m. at the Rosemount Community Center. The meeting will be a goal setting session. Councilmembers requested that the special meeting date be placed on the next meeting's Consent Agenda for announcement purposes. City Administrator Burt reminded council of the joint Planning Commission/City Council special meeting on Tuesday, February 13, 1996, at 5:30 p.m. Burt advised that the city has been cleared of all charges in the Bechtold case. Mayor Busho announced that a Mayor's/Business breakfast meeting will be held on Thursday, February 15, 1996, at 7:30 a.m. in the Council Chambers and invited councilmembers to attend. MOTION by Carroll to adjourn. SECOND by Edwards. Ayes: 5. Nays: 0. Meeting adjourned at 9:25 p.m. The City Council Agenda Packet is Clerk's File 1996 -07. 3 Respectfully submitted, ,Q. lilusfrisii-- Deborah Widstrom Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL JOINT MEETING FEBRUARY 13, 1996 Pursuant to due call and notice thereof a special joint meeting of the Rosemount City Council and Rosemount Planning Commission was duly held on Tuesday, February 13, 1996 at 5:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho was present along with Councilmembers Wippermann, Edwards and Carroll and Planning Commissioners DeBettignies. Droste, Shoe Corrigan, McDermott. and Tentinger. City staff and Bob Thisel of Springsted, Jan Weisner of Weisner Associates, and Beverly Miller, the executive director of the MVTA, were also present. Mayor Busho called the worksession to order at 5:30 p.m. She introduced Bob Thisel (Springsted) and Jan Weisner (Weisner Associates) to the City Council. Planning Commission and City Staff who were in attendance. Mr. Thisel related that the purpose of this joint meeting was to help the Minnesota Valley Transit Authority (MVTA) ascertain their long term strategic goals. He related that the MVTA sent out surveys to the parent bodies (6 cities, the Dakota County Board, and the Scott County Board) and is now in the process of meeting with each group to brainstorm on the direction that MVTA should take in the future. Mr. Thisel introduced Beverly Miller, the executive director of the MVTA. who related the history of the MVTA in Dakota County Ms. Weisner then initiated the discussion with the City Council, Planning Commission and City Staff. Some issues and suggestions which were raised during this discussion include the following: 1. Send surveys to riders of the busses so that they can evaluate the service. 2. Increase public awareness of the MVTA through newsletters, commercials on local cable stations. bus benches, etc 3. Bus schedule is not flexible to work schedules. Possibly ridership would increase if more bus stops were created in Rosemount. 4. Start a shuttle van service running from the Park Rides in Rosemount to the larger Park Rides in neighboring communities. 5. Create Park Rides along CSAH 42 (possibly at the church located at Diamond Path Road or in Knowlans parking lot.) 6. Create "express routes" to minimize the perception that it takes longer to ride the bus than it does to drive your car. 7. Create more inter community routes that would hook up with hubs. The financing options for MVTA improvements were also discussed at length. City Administrator Burt mentioned that the survey which was completed by the City of Rosemount was stairs opinion only and did not include input from the City Council or Planning Commission. Ms. Weisner concluded that, in summary, 1) there was a barrier in that the public is not aware of the MVTA service, routes and stops; 2) a barrier exists in that the bus schedules and routes are not flexible to accommodate work schedules; and 3) that the City of Rosemount would be 1 1 interested in increasing transit service in the community but not necessarily interested in funding this increased service. MOTION by Wippermann to adjourn the Special Joint Meeting with the City Council, Planning Commission and the Minnesota Valley Transit Authority. Second by Busho. Upon unanimous decision, this meeting was adjourned at 6:35 p.m. The City Council Agenda Packet is Clerk's File 1996 -08. Respectfully submitted, Kelli Grund, Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL JOINT MEETING FEBRUARY 13, 1996 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR NIEETING FEBRUARY 20, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 20, 1996 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann, Edwards and Carroll present Also present were City Attorney LeFevere, City Administrator Burt. Administrative Assistant /City Clerk Walsh, Administrative Intern Lotter, Community Development Director Rogness, Senior Planner Mack. Public Works Director /City Engineer Osmundson and Parks and Recreation/Community Center Director Topitzhofer. Councilmember Kevin Carroll led the group in the Pledge of Allegiance. No changes were made to the Agenda. Additional information was given to Council regarding the Encumbrance of 1995 Budget Items Forward to 1996 and the contract for Public Buildings and Parks Garbage and Recycling for 1996 Fire Chief Scott Aker presented the Rosemount Fire Department Annual Report to the City Council. Aker highlighted many points in the report including that there are now 33 members and there are plans to add five more members: the equipment is in good condition other than the aerial truck; the number of emergency calls has increased. about two- thirds are medical calls; and Aker noted that the Fire Educational Trailer has been very successful and used by 3,829 children. Council asked for some clarification on the ambulance services used. Mayor Busho thanked Chief Aker and all the firefighters for the excellent services provided. MOTION by Carroll to accept the Rosemount Fire Department's Annual Report Second by Wippermann. Ayes: Five. Nays: None. Public Works Director /City Engineer Osmundson presented Council with a framed Certificate of Recognition from Governor Arne Carlson. This was in recognition of partnership efforts in the joint bidding by several cities in Dakota County for street maintenance materials to provide quality products at a lower cost. Public Works Director /City Engineer Osmundson updated City Council on the planning for City Well #9. The Comprehensive Water Plan denoted that this well would need to be on line by 1997 The recommended location is either in Jaycee Park or on the outlot owned by the City approximately two blocks north on the east side of Shannon Parkway. There will not be a water tower with this, it will be a low profile well station which may require a small building for controls. Public Works Director /City Engineer Osmundson gave a update on City Project #266 which is the 1996 Street and Utility Reconstruction Project. This is roughly a L" shaped area from Cameo 147th Street east to Burma, and then north to Erickson Park. Staff is now gathering right -of -entry forms from all property owners. There are about twenty right -of- entries left to receive. They have received two letters of request and staff now recommends the process of eminent domain at an additional cost to be assessed back to the project area to assure that the schedule is not delayed. 1 1 Mayor Busho called for a five minute break at 10:00 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 1996 MOTION by Anderson to approve the Consent Agenda. Second by Carroll. Discussion was held. Ayes: Five. Nays: None. Fire Chief Scott Aker requested authorization to proceed with the purchase of an aerial platform fire truck. The current aerial fire truck did not pass the ladder certification test in August of 1995. Repair cost were estimated at $30,000. This vehicle has had chronic mechanical problems and a lot of money has already been invested into it In order for Rosemount to maintain its good insurance rating (ISO) which saves taxpayer's dollars, an elevated water source, a ladder truck, and increased pumping capacity is needed. City Council discussed the need for continued dependable service, the possible ways to finance such a large amount, and possible participation by surrounding cities. The Fire Department estimated the cost of the fire truck at_$500. It was understood that the amount for the fire truck was not to exceed $500,000. MOTION by Carroll to authorize the fire department and staff to seek bids on the possible purchase of an aerial platform fire truck. Second by Edwards. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Senior Planner Mack reported on the Metropolitan Airport Public Hearing. The financial analysis predicted that the cost for an expansion airport was $4.9 billion and a totally new airport $6 billion without land and utility costs and $5.8 billion and $8 billion with land and utility costs. Councilmember Carroll noted that a group called Minnesota Public Lobby has written currently about the "Rosemount Option" which refers to remote runways on the University of Minnesota property in Rosemount. Staff will keep you advised. Parks and Recreation/Community Center Director Topitzhofer reviewed funding through the Legislative Commission on Minnesota Resources (LCMR) to acquire a portion of the Kelley property for purposes of prairie restoration and preservation. Uses of the park include environmental education, passive recreation, conservation, and preservation. MOTION by Wippermann to proceed with a Request For Proposal with the stated criteria for Legislative Commission on Minnesota Resources funding of the Kelley prairie acquisition. Second by Busho. Ayes: Five. Nays: None. Administrative Assistant /City Clerk Walsh presented the City of Rosemount Personnel Policy. This will replace the policy from 1976 and includes many policies recently implemented such as the Drug and Alcohol Testing Policy, the Federal Omnibus Transportation Employee Testing Act and Related Regulation, and Workplace Harassment Policy. The City Attorney has reviewed the document and found it acceptable. MOTION by Carroll to adopt the City of Rosemount Personnel Policy. Second by Anderson. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 1996 Mayor Busho announced that she composed a letter nominating Koch Refining for a Pollution Prevention Award with the State of Minnesota. Council consensus was to go ahead and send the letter. The Mayor's Breakfast was attended by about 30 business people. Another Mayor's Breakfast is scheduled in six weeks. Tomorrow, February 21, there is a Septic System Informational meeting. D.A.R.E. graduations will be soon. Parks and Recreation Committee has an orientation meeting at 6:30 p.m. on February 26. The Goal Setting Workshop is March 8, 1996, at 9 a.m. MOTION by Edwards to go to Closed Session for the purpose of discussion on the Starks and Fields Lawsuit which is under attorney /client confidentiality. Second by Carroll. Ayes: Five. Nays: None. Council retired to the Council Lounge at 10:34 p.m. Council returned to the Council Chambers to adjourn. MOTION by Busho to adjourn the meeting. Second by Carroll. Ayes: Five. Nays: None. The meeting was adjourned at 11:15 p.m. The City Council Agenda Packet is Clerk's File 1996 -09. Respectfully submitted, submitted, i Linda Jentink, Recording Secretary 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Wednesday, March 6, 1996, at 7:33 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann, Edwards and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, Community Development Director Rogness, Public Works Director /City Engineer Osmundson and Assistant Planner Pearson. Boy Scout Troop 295 led the group in the Pledge of Allegiance. No changes were made to the Agenda. Additional information was given to Council regarding the list of residents for Eminent Domain on City Project 266, Item 6.a. and a revision to the Zoning Ordinance amendment regarding supplementary yard regulations, Item 7.c. The February 20, 1996 minutes were clarified slightly on page one and two. MOTION by Edwards to accept the agenda as printed. Second by Anderson. Ayes: Five. Nays: None. MOTION by Wippermann to approve the Consent Agenda. Second by Carroll. Ayes: Five. Nays: None. Public Works Director /City Engineer Osmundson gave an overview of the progress of City Project 266. Eminent domain process is requested for any property owner not signing a right -of- entry form. Only six properties remain unsigned at this time. Osmundson felt most would be willing to sign once contacted. Mayor Busho offered to attend with Rich Lonnquist, Engineering Technician/Project Coordinator meetings with the residents involved before April 1, 1996. Osmundson noted that only 8% of the total cost of the project would be assessed back to the residents affected. Councilmember Edwards felt the legal expense of eminent domain was excessive and required extra resource and staff time. MOTION by Carroll to adopt A RESOLUTION DIRECTING CONDEMNATION OF LANDS NEEDED TO ALLOW THE REPLACEMENT OF UTILITY SERVICES TO CERTAIN PROPERTIES IN ROSEMOUNT FOR CITY PROJECT #266. Second by Edwards. Ayes: Edwards, Carroll, Anderson, Wippermann, Busho. Nays: None. Public Works Director /City Engineer Osmundson requested approval of the plans and specifications for City Project 266 and to order the advertisement for bids. The bid opening date would be March 29 at 10:00 a.m. at City Hall. The contract could be awarded on April 2. If everything continues on time, the project would be finished by September with the final overlay on the street being done the summer of 1997. MOTION by Wippermann to adopt A RESOLUTION RECEIVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR THE 1996 RECONSTRUCTION PROJECT, CITY PROJECT 266. Second by Anderson. Ayes: Carroll, Anderson, Wippermann, Busho, Edwards. Nays: None. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 1996 Assistant Planner Pearson reviewed a request by Spectro Alloys to replat their site after a right of -way vacation and cul -de -sac street improvements. The Planning Commission recommends approval of the administrative plat. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE ADMINISTRATIVE PLAT FOR SPECTRO ALLOYS ADDITION, 13220 DOYLE PATH with the two conditions as noted. Second by Carroll. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Assistant Planner Pearson presented Carrollton Fifth Addition Final Plat for eight single family lots located on 145th Street West and Chili Avenue and 144th Street West. Pearson reported that there were no variances. the larger trees will be saved, all utilities are stubbed in, and no development contract was required. City Administrator had checked old city records and no record was made showing that park dedication had been paid on that property. Pearson noted that Mr. Carroll, though not present, objects to paying park dedication. Mayor Busho noted that Mr. Carroll could appeal the park dedication to the City Council. MOTION by Carroll to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR CARROLLTON FIFTH ADDITION. Second by Wippertann. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Assistant Planner Pearson presented the Zoning Text Amendment to increase lot dimensions and setbacks along arterial highways and railroads. The Amendment in part says, "a. Residential principal structures shall be set back a minimum of thirty feet from any easement boundary on a lot or a parcel of land that abuts or is traversed by an easement intended for or containing high voltage transmission lines. b. Residential lot dimensional standards and principal structure setbacks shall be increased on the side adjacent to freeways, arterial and collector streets, and railroad rights -of -way or easements. Driveways, surface parking and accessory structures shall have increased setbacks adjacent to freeways and arterial highways. c. No accessory or principal structure shall be constructed within any easement." The Planning Commission held a public hearing on this proposal and recommended its approval. Staff was directed to continue addressing commercial setbacks. MOTION by Anderson to adopt ORDINANCE B -57 AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B REGARDING SUPPLEMENTARY YARD REGULATIONS. Second by Busho. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Mayor Busho opened the Public Hearing for the Rosemount Business Park Tax Increment Finance Plan/District. Community Development Director Rogness gave an overview of Tax Increment Financing (TIF) as a financing tool allowing cities to use property tax revenues generated by a development to finance some of the costs of that development. It is intended to enable private development that might not otherwise occur. When TIF district's costs have been paid, no more than eleven years, 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 1996 or the district is decertified, the property tax proceeds revert back to the local taxes with approximately 50% to the school district, 25% to the county and 25% to the city. Rosemount has 4.1% of tax capacity captured in tax increments; while 5% to 10% would be considered average. Mayor Busho confirmed with the recording secretary that the Affidavits of Posted and Published Notice were on file. Mayor Busho called for public input Kim Shoe Corrigan, 12990 Shannon Parkway, voiced concerns if tax increment financing is really needed at this time. Rogness responded that the "but -for" criteria was applied to the Cannon Equipment proposal and staff felt they would not have chosen Rosemount unless tax increment financing was used as other communities were competing for their development. Cannon will bring about 200 jobs to this area and this will be good for Rosemount's economy. Other business development proposals within the Rosemount Business Park will not automatically receive TIF benefits. Staff and Council hope that getting a business in the park will increase the interest of others to come to Rosemount. MOTION by Wippermann to close the Public Hearing for the Rosemount Business Park Tax Increment Financing Plan/District. Second by Busho. Ayes: Five. Nays: None. MOTION by Edwards to approve the RESOLUTION APPROVING A TAX INCREMENT FINANCING PLAN FOR THE ROSEMOUNT BUSINESS PARK TAX INCREMENT FINANCING DISTRICT. Second by Wippermann. Ayes: Edwards, Anderson, Wippennann, Busho, Carroll. Nays: None. Assistant Planner Pearson reviewed the revised preliminary plat and final development plan for Shannon Meadows. It is a 12.8 acre development with 29 single family lots on the northwest corner of Shannon Parkway and 145th Street West. Many of the large trees were saved and a more effective use of the land was made with revisions adding a cul -de -sac and shifting the alignment of an east /west street. The Planning Commission held a public hearing and recommended its approval. Discussion was held. A long narrow strip, noted as the "pan handle attached as an outlot to Lot 14, Block 2 which runs parallel to Shannon Parkway ending on 145th Street West was a concern, but no clear solution was imminent. Kevin VonReidl, consultant for RLK Associates Limited, said that the "pan handle" ofLot 14, was offered as free land to the adjoining land owner but he would have to pay legal expenses. He was not agreeable to that offer. Further negotiations may take place. MOTION by Anderson to adopt A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT AND FINAL DEVELOPMENT PLAN FOR SHANNON MEADOWS ADDITION. Second by Carroll. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 1996 Assistant Planner Pearson reviewed the request for a mineral extraction permit from Tom Furlong, the land owner, and Ken Kuhn of Cemstone Inc. in an agriculture zoned area south of TH55 and west of Fischer Avenue. The operator would be sorting and washing aggregate materials. The operation is expected to be long term, about 8 to 10 years. Mayor Busho reminded the operator that this permit must be renewed every year. MOTION by Busho to approve the request for the Furlong/Cemstone Inc. Mineral Extraction Permit including sorting and washing of aggregate material in the indicated location subject to the attached draft conditions of operation for 1996. Second by Carroll. Ayes: Wippermann. Busho, Carroll, Edwards, Anderson. Nays: None. Assistant Planner Pearson reviewed the request for two mineral extraction permits from Solberg Aggregate, Inc. in the IG, General Industrial District. Both permits are renewals of on -going operations. Neither operation has received any complaints in the past year MOTION by Wippermann to approve the renewal requested for the Solberg/Koch mineral extraction permit subject to the conditions of operation for 1996. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. MOTION by Wippermann to approve the renewal request for the Solberg site mineral extraction permit subject to the attached draft conditions of operations for 1996. Second by Edwards. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Councilmember Carroll announced a special meeting about the airport relocation issue on March 14, 1996, at 4:00 p.m. at Mears Park. Mayor Busho reminded Council about the Goal Setting Workshop on March 8th. The School District requested comments on the site rezoning for a new school, please give your comments to the City Clerk. Honors will be given to the fireman, Mike Reese, and policeman, Mark Robideau, of the year at the American Legion on Saturday, March 9th. at 5:00 p.m. There will be a Septic System Informational Meeting on March 14th. The Shamrock Award Dinner will be March 16th. MOTION by Busho to adjourn the meeting. Second by Anderson. Ayes: Five. Nays: None. The meeting was adjourned at 9:15 p.m. The City Council Agenda Packet is Clerk's File 1996 -10. Respectfully submitted, d 4 Linda Jentink, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING NIARCH 8, 1996 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Friday, March 8, 1996, at 9:00 a m. at the Rosemount Community Center. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann, Carroll and Edwards present. The following city staff members were present City Administrator Burt, Administrative Assistant Walsh. Public Works Director Osmundson, Finance Director May, Community Development Director Rogness, Police Chief Knutsen, Fire Chief Aker and Parks Recreation %Cotmnunity Center Director Topitzhofer The purpose of the special meeting was to conduct a goal setting session for city council and staff members. City Administrator Burt reviewed issues and goals that were discussed at a 1994 goal setting session It was also noted that goals set by city councils in years prior to 1994 did not differ greatly from current issues and goals. The following issues and goals were discussed at the meeting: Economic Development: (a) MIRTS. Rosemount is now considered the best location. Positive reasons for having the business are: (1) use of nonproductive land on U of TvM property; (2) possible increase in tax base and employment opportunities; (3) possibly eliminate downtown railroad lines; (4) possible reconstruction of 160th Street; (5) container fees city would receive. Council directed staff to continue this project, explore positive and negatives of the project; and to estimate costs for providing city services to the site. (b) Business Park Development: Discussion was held on the Cannon project and other companies who lace indicated interest in the business park Discussion was also held on expanding the business park, and whether the city should be involved in future buying and selling of land for business park properties. Downtown Redevelopment: Within the next few weeks, Council will be provided with time lines for implementing and completing redevelopment of the downtown area. Staff recommended that a consultant be hired to put together the plan. Items that can be identified in the plan are streetscapes, lighting. reducing access points, off street parking or close off streets, parkways or a possible theme Some of the funding could be through utility franchise fees or street light fees The Council agreed the plan needs to be completed as soon as possible, utility franchise fees are a viable way to help fund the project and implementation should begin in the near future Council was opposed to any extreme theme styles for the downtown and felt more traditional styles would be the most appropriate. 1 ROSENIOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING MARCH 8, 1996 Airport Relocation: City Council unanimously reinforced their opposition to the relocation and land Nanking. Responsive Government: City administrator was directed to put together costs for providing recorded meetings to the residents by cable. Concerns were expressed that in the very near future cable will be outdated City staff is working on developing a homepage on the Internet. It was the general consensus of the city council that customer service at city hall has greatly improved. Fiscal Responsibility: City staff is working on obtaining a certificate of achievement for the city's financial statements. Staff has begun working on a ten year CIP and financial forecast. Finance Director May explained a proposed restructuring of the following funds: severance and retirement fimd; paid -up debt service bond fund; and CIP fund. Managed Growth: Discussion was held on the cost for expanding MUSA to industrial areas. Water towers and infrastructure would be expensive. Council agreed expansion of MUSA for industrial development would have to be weighed against cost for providing city services. Discussion was held on the Kelly Trust property and the need to have it rezoned from AG to residential. Council agreed this area should he developed with more expensive or "executive" priced homes, and minimum lot standards need to he reviewed in the near future. Code Enforcement Council agreed that code enforcement of home and businesses need to be done on a uniform basis throughout the city. New businesses need to he informed of code regulations. Discussion was held on the sign ordinance, and the need for it to be updated. Public Safety: Police Chief Knutsen updated the city council on the department's emphasis on community policing, continued participation in the East Local Collaborative program and continued participation in the Safe and Sober Program. Council concurred the recently adopted policy on use of city vehicles was appropriate. City Elections: Discussion was held on changing the city's election from odd year to even year. The advantages are cost savings, staff time, voter convenience and higher voter turnout. Disadvantage is the possibility of the voters not being aware of the city election during state and presidential elections and not being prepared to vote for city offices. Scenarios were reviewed on how the transition from odd year to even year could be accomplished. Discussion was also held on changing the mayoral terns from two years to four years. Council requested additional information. Special Events: Discussion was held on funding and stafftime allocated to the various special events, i.e Leprechaun Da■s, Taste of Rosemount, Share the Spirit. Haunted Woods. Halloween Party, Easter Egg Hunt, Spring Clean -up, Sand Box Days, Miss Rosemount Pageant, etc. The question was raised as to which events are city sanctioned events and which are not. It was noted ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING MARCH 8, 1996 that a great deal of staff time, including overtime pay, and use of city equipment are involved with most of the events Requests have been made from organizations to have fees waived or reduced for community- related events at the community center. Council agreed that the organizations sponsoring events need to be notified of the cost involved and it was suggested that the city begin phasing out its assistance, when appropriate, in these events. Assessment Policy: Council agreed a special work session should be held to review the existing policy and to look at possible revisions Staff will prepare options for consideration. Sidewalks: Council generally agreed that sidewalks should not be installed on every new street but certainly on the main streets. Staff should continue following the parks master plan for bike and hiking trails. Parks: Council reconfirmed their decision to pursue acquisition of the Kelly property for the prairie area Council agreed the park structure at Erickson Community Square should be a shelter but more upscale because of its location to city hall Discussion was held on a family resource center in the triangle area of Shannon, I4Sth Street and Dodd. The proposed site was identified, and it was suggested that staff look at other sites in the area. Concerns were expressed about future funding for maintaining the facility. It was felt that over time. the city should phase out of operating or maintaining the center. Citizens' Opinion Survey: It has been several years since a public survey on city services was done. Council agreed a survey should be done. Septic System Ordinance: informational meetings for owners of septic systems are being conducted, and staff will present the final ordinance for council adoption in the near future. Revise Zoning Subdivision Ordinances: Discussion was held on the need to update the two ordinances. The current zoning ordinance does not include the conditional use process. Council was in favor of incorporating the conditional use process in the zoning ordinance Although the subdivision ordinance is older than the zoning ordinance, Council felt that the zoning ordinance should be revised first. Upgrade of Software: Council were informed of the need for the city's financial software to be updated The current software is out of date and designed for smaller cities Staff has reviewed LOGIS software which several cities in the metropolitan area use Staff will continue to contact software companies. Space Needs: Staff has begun looking at the appropriate use of the current fire station. It was agreed the facility needs study is a good tool for determining the city's space needs. By a unanimous vote of the city council, the meeting was adjourned at 6:00 p.m. Respectfully submitted, S san M. alsh. City Clerk City Council Agenda Packet is Clerk's File 1996 -11. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR NIEETING MARCH 19, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 19, 1996, at 7.30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Wippermann, Anderson and Carroll present Also present were City .Attorney LeFevere, .Administrative Assistant Walsh, Senior Planner Andrew Mack. Public Works Director /City Engineer Osmundson, Parks and Recreation/Community Center Director Topitzhofer. Brownie Troop 1245 led the group in the Pledge of Allegiance with a flag ceremony. Cub Scout Den 9. Troop 295 and Boy Scout Troop 270 were also in attendance No changes were made to the Agenda. MOTION by Wippermann to approve the Consent Agenda. Second by Anderson. Ayes Five. Nays: None. Senior Planner Mack gave an update on the Dual Track Airport Planning. Since 1989 many volumes have been written about this. Now both the Metropolitan Airport Commission and Metropolitan Council have voted to recommend against relocation of the airport. Senator Mondale has written a bill that would end site preservation (land banking) in Dakota County but this has not been passed yet Councilmember Carroll reported on a hearing on this bill on March 15th where it was explained that it will be passed to another committee, the Senate Transportation Committee. Senator Carol Flynn is chair for this committee and delays could continue it to 1997 Updates will continue as needed. Public Works Director /City Engineer Osmundson introduced the request by American Portable Telecommunications (APT) to place antennas on the Connemara Water Tower No. 2. The Utilities Commission reviewed and approved this request Glenn Wolff and John Barstow gave a presentation showing the size and appearance of the antennas APT requested a fifteen year agreement for the purpose of a new personal communication service similar to cellular phones with added features. Osmundson showed a site plan for the blacktop and fenced area required for ground receptors Osmundson noted that further negotiations are needed and requested no action he taken tonight. Utilities Commissioner Mulhurn and Osmundson noted that water towers are a high maintenance facility and requested that the fiends received from any antenna fees be placed back into the water tower maintenance fund. Councilmember Wippermann expressed concern if it would be appropriate to designate funds to specific items and asked for further discussion on this. Councilinernber Carroll requested that surrounding home owners be notified of the possibility of antennas on the water tower. Osmundson agreed. There were no announcements for upcoming events. Mayor Busho thanked the Brownies, Boy Scouts and Cub Scouts for attending and participating in the meeting. 1 MOTION by Wippermann to adjourn the meeting. Second by Carroll. Ayes: Five. Nays: None. The meeting was adjourned at 8 p.m. The City Council Agenda Packet is Clerk's File 1996 -12. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 1996 Respectfully submitted, z 6 Linda Jentink, Recording Secretary Brett Weis from WSB and Assoc. led the group in the pledge of allegiance. ROSEIIMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 2, 1996, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Carroll, Edwards, and Wippermann present. Staff present included City Administrator Burt, Public Works Director Osmundson, Community Development Director Rogness, Parks and Recreation Director Topitzhofer, Senior Planner Mack, Administrative Assistant Walsh, and City Attorney LeFevere. Mayor Busho advised that an open house to recognize volunteers will be planned and held at the Community Center in conjunction with Volunteer Recognition week, April 21 -27, 1996. Busho will present thank -you certificates to those who have volunteered for the many different committees and organizations. Dates and details will be provided at the next city council meeting. MOTION by Busho to proclaim April 21 -27, 1996, to be "Volunteer Recognition Week." SECOND by Wippermann. Ayes. 5. Nays: 0. MOTION by Wippermann to approve the consent agenda with the noted changes to the March 8, 1996, meeting minutes. SECOND by Edwards. Ayes: 5. Nays: 0. MOTION by Carroll to adopt a resolution receiving bids and awarding contract for the fire station repair improvements to Northfield Construction Company in the amount of $132,875. SECOND by Anderson. Ayes Anderson, Wippermann, Busho, Carroll, Edwards. Nays: 0. MOTION by Anderson to adopt a resolution receiving bids and awarding contract for the 1996 street and utility reconstruction improvements, City Project #286 to Arcon Construction Co.. Inc. in the amount of $1,617,512 02 SECOND by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: 0. Councilmember Carroll provided an update on the airport bill and its status in the house and senate. Discussion ensued regarding SOAR's request for $5,000 to help offset recent expenditures of their 1996 lobbying efforts. Attorney LeFevere commented on the need to have a contract with SOAR, written or oral, explaining what services the money will be expended on. MOTION by Edwards to approve funding in the amount of $5,000 for SOAR activities and direct staff to prepare the appropriate documents. SECOND by Anderson. Ayes: Busho, Edwards, Anderson, Wippermann. Nays: 0. Abstain. Carroll. Parks and Recreation Director Topitzhofer reviewed staff correspondence regarding revisions to the Community Center Fee Policy. Topitzhofer explained that the Parks and Recreation Committee has discussed a new fee policy addressing rental fees for community events such as Rosemount Halloween Party, Leprechaun Days, Share in the Spirit, Miss Rosemount Scholarship ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1996 Pageant, and the Shamrock Awards Dinner. They are recommending that room fees be waived for these events with the exception of costs to cover set -up and clean -up. Mayor Busho expressed a concern that Miss Rosemount is not participating in enough community events. In response to council questioning, Topitzhofer advised that the new fee policy would become effective April 3, 1996 and would not impact previously scheduled events. MOTION by Carroll to adopt the attached revision of Community Center Fee Policy. SECOND by Wippermann. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: 0. Administrative Assistant Walsh reviewed staff correspondence regarding the concept to hold city elections on even numbered years instead of odd to coincide with federal and state elections. If elections were held on even numbered years, the city would eliminate the election costs and staff time that is incurred when holding just city elections. Walsh also introduced changing the mayoral term from two years to four years. Council discussed the need to send a survey letter out to the community and to start promoting the proposed changes through the press. Staff was directed to bring back more information regarding transition options and a sample of a survey letter. Senior Planner Mack briefly reviewed staff correspondence regarding Bituminous Roadways /Otto Ped's request to renew their mineral extraction permit. Mack advised that no complaints were received by either the Planning Department or the Police regarding mineral extraction activities on the property in 1995 The Planning Commission recommended approval with the added condition of a gate placed at the driveway entrance that can be secured after hours. MOTION by Wippermann to approve the renewal of the mineral extraction permit for Bituminous Roadways, Inc. /Otto Ped subject to the attached operating conditions for 1996. SECOND by Busho. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: 0. City .Administrator Burt advised that the Minnesota Extension Service has invited the City Council and Planning Commission to attend a meeting at City Hall regarding the future planning of the University of Minnesota Experiment Station and Research Center. Since there is the possibility that at least three councilmembers will attend this meeting, a special meeting needs to be set. MOTION by Busho to call a Special Meeting for the City Council on Wednesday, April 10, 1996, at 7:00 p.m. at the City Hall Council Chambers with the understanding that the agenda will be limited to only receive input and information regarding the subject. SECOND by Wippermann. Ayes. 5. Nays: 0. Mayor Busho requested councilmember input in selecting a date for the next Mayor's Breakfast meeting where the topic of discussion will he residential and street projects for 1996 Consensus was reached to hold the meeting on Thursday, April 18, 1996, at 7:30 a in. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2. 1996 Community Development Rogness advised that he talked with Buzz Anderson of Koch Refining and was told that Koch's proposed co- generator facility had passed in both the House and Senate. City Administrator Burt advised that it does not appear the property tax freeze will pass this legislative session MOTION by Edwards to adjourn. SECOND by Anderson. Ayes: 5. Nays: 0. Meeting adjourned at 8:58 p.m. The City Council Agenda Packet is Clerk's File 1996 -13. Respectfully submitted, Deborah Widstrom Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 16, 1996, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Wippermann, Edwards and Carroll present. Also present were City Attorney LeFevere, City Administrator Bun, Administrative Assistant Walsh, Administrative Intern Lotter, Community Development Director Rogness, Public Works Director /City Engineer Osmundson, Finance Director May, Parks and Recreation/Community Center Director Topitzhofer, and Fire Chief Aker. The consultant from Vetter Johnson Architects, Inc., Mark Vetter was also present. Brownie Troop 1825 led the group in the Pledge of Allegiance and flag ceremony. Changes to the Agenda were made. Item 4.j. Arbor Day Proclamation was added to the Consent Agenda. Item 8 c Update for City Project 266 was added to New Business. The Resolution for Basic Builders, Inc. Concept Planned Unit Development was submitted with a change. Additional information was provided for the Storm Water Utility Fee discussion. Fire Chief Aker updated City Council on the plans for the new fire station to be built on Shannon Parkway and Dodd Boulevard. Mark Vetter of Vetter Johnson Architects presented the final floor plan and color schemes for the interior and the exterior of the building. Construction should start in June with completion expected in November. Council discussed exterior color and thanked Chief Aker for his update. MOTION by Wippennann to approve the Consent Agenda with the addition of the Arbor Day Proclamation. Second by Edwards. Ayes: Four. Nays. None. Administrative Assistant Walsh presented options to City Council for holding city elections on even numbered years and extending the mayoral term to four years. Council requested citizen input and discussed a survey that would be mailed to residents. Replies to that survey would be accepted until May 10, 1996, and the results reported back to City Council in June. MOTION by Carroll to authorize staff to mail the election process survey as modified to residents and to report the final results to the City Council by June 4, 1996. Second by Edwards. Ayes. Busho, Carroll, Edwards, Wippermann. Nays: None. Mayor Busho opened the Public Assessment Hearing for Shannon Hills 6th Addition Street and Utility Improvements, City Project 251. The Affidavits of Published, Posted, and Mailed Notice were on file. Public Works Director /City Engineer Osmundson reviewed the costs of City Project 251 which was under the estimated cost Thirty lots were assessed S11,256 each. The remaining amount was funded from the Storm Core Fund for the lift station and force main system that is the outlet for Copper Pond. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 1996 MOTION by Wippermann to close the Public Assessment Hearing for the Shannon Hills 6th Addition Street and Utility Improvements, City Project 251. Second by Edwards. Ayes: Four. Nays: None. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL FOR SHANNON HILLS 6TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #251. Second by Carroll. Ayes: Edwards, Wippermann, Busho, Carroll. Nays: None Mayor Busho opened the Public Assessment Hearing for Schwarz Pond Outlet Improvements, City project #259. The Affidavits of Published, Posted, and Mailed Notice were on file Public Works Director /City Engineer Osmundson reviewed the costs of City Project 259. The cost was $39,000 less than estimated A lift station was installed for the large drainage area. No appeals have been made. The school district did discuss the assessment with Osmundson. MOTION by Wippermann to close the Public Assessment Hearing for Schwarz Pond Outlet Improvements, City Project #259. Second by Edwards. Ayes: Four. Nays: None. MOTION by Carroll to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL FOR SCHWARZ POND OUTLET IMPROVEMENTS, CITY PROJECT #259. Second by Edwards. Ayes: Busho, Carroll, Edwards, Wippermann. Nays: None. Administrative Intern Lotter introduced an amendment to the adult use moratorium under the directive of the Planning Commission. The final draft of the Adult Use Ordinance is being examined by the City Attorney. MOTION by Wippermann to adopt AN ORDINANCE EXTENDING THE MORATORIUM ESTABLISHED BY ORDINANCE NO. XVI.32 ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF ROSEMOUNT UNTIL JULY 4, 1996. Second by Carroll. Ayes: Carroll, Edwards, Wippermann, Busho. Nays: None. Public Works Director /City Engineer Osmundson proposed a Storm Water utility fee rate increase as recommended by the Utilities Commission. The raise would be l 50 on the single family home rate and an equal percentage increase on all other categories. In the past four years the City has funded numerous Capital Improvements including Hawkins Pond, Valley Oak Pond Outlet, Wachter 186A Outlet, O'Leary's Hills, Schwarz Pond Outlet, Armory/Community Center pond, and storm sewer improvements for 145th St. West, Diamond Path Improvements, and Trunk Highway 3 Improvements. Staff continues to spend many hours on back yard drainage issues. More funds are being considered from developers for storm water drainage in the future. City Administrator Burt noted that this is a way to manage the debt the City has and if planned projects, such as Birger Pond in 1997, are to continue this increase in utilities is recommended. 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 1996 Council discussed property taxes and expenses to home owners compared to expected services from the City. Attorney LeFevere mentioned that a levy for special assessments could be done. MOTION by Carroll to adopt A RESOLUTION AMENDING THE FEE RESOLUTION REGARDING THE STORM WATER UTILITY FEES. Second by Edwards. Ayes: Edwards, Wippermann, Busho, Carroll. Nays: None. Public Works Director /City Engineer Osmundson requested Council consideration to approve staff's recommendation to hire a Water Resource Coordinator/Engineering Technician in the Public Works Department. The finds have been budgeted for this for three years. Fifty applications were received and eight people were interviewed. Keith Nelson. City Engineer in Lakeville was on the interview panel. Timothy Brown was selected. Brown has been employed with a metro area consulting firm since 1991. Brown has a Bachelors of Geological Engineering Degree and a Masters in Civil Engineering from the University of Minnesota. MOTION by Edwards to authorize the hiring of Mr. Timothy Brown as Water Resources Coordinator/Engineering Technician subject to the passing of the pre employment physical and Driver's License check. Second by Carroll Ayes: Wippermann, Busho, Carroll, Edwards. Nays: None Fire Chief Aker presented the bids made on April 8, 1996, for the new aerial platform fire truck. The Fire Department recommends accepting the bid from LTI Company. Financing options were considered with the bids and Council discussed this extensively. Repairs to the truck would be in Oseola, Wisconsin. The color of the fire truck is lime yellow, as are the other trucks in the department. Council noted that they appreciated the Fire Department's handling of all the details of purchasing a aerial platform truck and ladder. They were reasonable and sensible on the add ons to the tire truck and have kept the cost under the amount promised. There has not been any negative reaction by residents. MOTION by Carroll to accept bids and award the contract for a 75 foot aerial /platform fire truck to LTI with the preferred finance of LTI of ten years at 5.47% unless conditions change. Second by Edwards Ayes: Busho, Carroll, Edwards, Wippennann. Nays: None. Community Development Director Rogness presented the Basic Builders, Inc. Concept Residential Planned Unit Development for the property owned by John and Joan Hawkins. This will include 16 lots for single family detached houses. The Planning Commission held a Public Hearing for this on April 9, 1996 No comments pro or con were received from the audience. The Planning Commission approved the concept, but one commissioner did not vote in favor due to the number of variances. Council discussed the variances and noted they would not encourage this, but felt they were acceptable for this project. MOTION by Edwards to adopt A RESOLUTION APPROVING THE CONCEPT FOR THE RESIDENTIAL PLANNED UNIT DEVELOPMENT PROPOSED BY BASIC BUILDERS, INC. /HAWKINS PROPERTY subject to conformance with the requirements for PUD final development plan, preliminary plat and rezoning in conformance with the City of 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 1996 Rosemount subdivision and zoning ordinances. Second by Carroll. Ayes: Carroll, Edwards, Wippermann, Busho. Nays: None. City Administrator Burt reported on the special meeting held by the University of Minnesota Extension Service for the planning of the University of Minnesota property in and around Rosemount. Burt composed a letter to be sent to several U of M authorities to express appreciation for time for input and communication The land was suggested for a turf research center and golf coarse. Otto Ped requested a copy of that letter. Public Works Director /City Engineer Osmundson gave an update on City Project 266. There are four remaining outstanding right -of -entry forms. One resident asked that the assessment be set now to facilitate the selling of his house. City Attorney LeFevere noted that the assessment can be set any time after the City Project is ordered by City Council, however, the amount can not be changed or adjusted if there is a cost over -run or the cost is under the estimate. The appeal process is in place for anyone disputing the amount of the assessment_ Council consensus was to wait to set the assessment amount until costs are known. Most residents notified expect the assessment not to be billed until 1997. Councilmember Carroll reported that S O.A.R. has aided in having the finalized bill signed by Governor Carlson. The bills prohibits Metropolitan Council from acquiring land for the purpose of an airport. A reception will he held in Hastings on Thursday, April 25, 1996. Mayor Busho announced the Mayor's Breakfast will be April 18, 1996, 7:30 a.m., City Hall. Volunteer Recognition Night will be May 2, 1996, 7:00 p.m., Community Center; and Port Authority may hold a special joint meeting on Business Park Uses on April 30, 1996, 5:30 p.m City Hall. MOTION by Edwards to adjourn the meeting. Second by Busho. Ayes: Four. Nays: None. The meeting was adjourned at 10:45 p.m. The City Council Agenda Packet is Clerk's File 1996 -15. Respectfully submitted, 4 :1_61c, j >SL Linda Jentink, Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS JOINT WORK SESSION APRIL 30, 1996 Pursuant to due call and notice thereof a special joint work session of the Rosemount City Council, Port Authority, and Planning Commission was duly held on Tuesday, April 30, 1996, at 5 30 p m in the Council Chambers at City Hall, 2875 145th Street West In attendance were: Mayor Busho and Councilmembers Anderson, Wippermann, Edwards and Carroll, Port Authority Commissioners Miller, Caspar, Anderson, Wippermann, Edwards, and Carroll; and Planning Commissioners DeBettignies, Droste, Shoe Corrigan, McDermott, and Tentinger. Also present were City Administrator Burt, Community Development Director Rogness, and Senior Planner Mack. The purpose of the meeting was to re- examine the land usages allowed for the Business Park District zoning designation. Mayor Busho turned the meeting over to staff for discussion. The meeting was adjourned at 7:15 p.m. City Administrator The City Council Agenda Packet is Clerk's File 1996 -16. Respectfully submitted, Thomas D. Bu ecfit of ding Secretary