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HomeMy WebLinkAbout32907 - MAY 7, 1996 - JULY 1, 1997ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 7, 1996, at 7:35 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, City Administrator Burt, Administrative Intern Lotter, Community Development Director Rogness, Senior Planner Mack, Assistant Planner Pearson, Public Works Director /City Engineer Osmundson, Building Official Heimkes, and Parks and Recreation/Community Center Director Topitzhofer. Mayor Busho led the group in the Pledge of Allegiance. A change order to City Project 266 was added to New Business on the agenda. Minutes to the Special Joint Meeting April 30. 1996, was added to the Consent Agenda. MOTION by Anderson to approve the Consent Agenda with the addition of the minutes of April 30, 1996. Second by Edwards. Ayes: Five. Nays: None. Building Official Heimkes presented the final draft of the Individual Sewage Treatment System Ordinance, Section 14.6. Metropolitan Council has mandated compliance by all cities. The proposed ordinance was presented to residents at two informational meetings and several planning commission meetings. Residents showed an unwillingness to comply with the ordinance mainly due to the personal expense. Many septic systems will require a manhole opening which older systems do not have. This ordinance will help our community to retain potable water for future generations. Councilmember Wippermann noted that a more reasonable way should be found. City Council discussed frequency of septic system inspection, record keeping, loan assistance, enforcement, notice to septic system residents, and protection of well heads. Metropolitan Council told staff that the city must comply or other land requests would be denied. Since future development depends on MUSA change approvals, Council consensus was that Rosemount must go ahead with the septic system ordinance. Council agreed that they support correcting actual septic systems which are not functioning correctly. However, they did not agree with the method and frequency of inspections because of the cost to residents that have properly functioning systems. Councilmember Carroll deemed the ordinance "burdensome and punitive. Council requested staff to recommend inspections every three to five years to Metropolitan Council rather than the two year inspections now required. MOTION by Edwards to adopt, as mandated by the Metropolitan Council, the revised Zoning Code Ordinance, Section 14.6, Regulating Individual Sewage Treatment Systems and their maintenance. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Busho. Nays: Wippermann. MOTION by Busho to direct staff to send a letter to Metropolitan Council noting that the two year pumping requirement is excessive and encourage Metropolitan Council to go by State guidelines now in place. Second by Carroll. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 1996 MOTION by Edwards to adopt A RESOLUTION ESTABLISHING FEES FOR ON -SITE INDIVIDUAL SEWAGE TREATMENT SYSTEMS. Second by Carroll. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Roy Marvin, 2813 132nd Street West, asked if he would be notified if he needed to do improvements. Building Official Heintkes stated the inspections are done by private, not city inspectors. The private inspector makes a report to the county which informs the city and if there is need for improvements the resident would be notified. Parks and Recreation/Community Center Director Topitzhofer discussed placement of a Family Resource Center building on a 1.15 acre lot available near the Rosemount Green Apartments. Topitzhofer requested an appraisal for this lot which would be paid for from Park Dedication funds Dakota County Technical College students have volunteered to do the construction beginning in September, 1996. MOTION by Edwards to authorize an appraisal of the Rosewood Manor Outlot. Second by Wippermann. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Public Works Director /City Engineer Osmundson gave a report on the Dakota County Capital Improvement Projects for the next five years. There are four projects within Rosemount with each project costing the city more than $400,000. Staff recommends that two of these projects, one on County Road 38 (135th Street, east of Highway 3) and one on County Road 73 (Akron Avenue) be put into the "future projects" category due to lack of funding and higher priority projects within the City. Also. the City requests the support of the Federal Funding for the construction of County Road 46, along the 160th Street alignment. With the same project Diamond Path (CR 33) should be constructed from 160th to CSAH 42 Additionally, the City should request the County take over jurisdiction of 160th Street from Pilot Knob to Trunk Highway 3 inunediately due to the fact that it is a multi- jurisdictional road serving more as a county road than a city street. The City also requests 1997 funding for construction on CSAH 42 for turn lanes and urban section design between Shannon Parkway and Tnink Highway 3 in part due to the proposed Chippendale /42 Partnership project. The City's share will be assessed to the benetitting properties. Finally, the City should request the construction of a library in Rosemount as it has for the past several years Osmundson has contacted surrounding cities that are affected by these projects in the hope they will note their support in letters to Dakota County. MOTION by Carroll to authorizing staff to send a letter to Dakota County stating the City's position on the Dakota County Capital Improvement Project for 1996 through 2000. Second by Anderson. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Assistant Planner Pearson presented the final plat for Shannon Meadows Addition by Jack Gassner of International Development II. It is a twenty -nine lot single family detached residential development. The Planning Commission recommends its approval. City Attorney LeFevere requested item 7. of the resolution include the phrase, "as approved by the City Attorney." 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 1996 MOTION by Wippennann to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR SHANNON MEADOWS ADDITION. Second by Anderson. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. MOTION by Wippermann to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE which rezones the property from Agriculture to R -1, Single Family Residential (detached) for the Shannon Meadows Addition Second by Anderson. Ayes Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Assistant Planner Pearson reviewed the request by Richard Hanson, 12275 Cobblestone Court, to combine his lot with about ten acres just north of his property line. Staff and the Planning Commission recommended the platting of a sixty feet wide right -of -way on the eastern side of the ten acre lot After researching relevant case law, City Attorney LeFevere recommended the creation of an outlot in place of the right -of -way that will he retained by Mr. Hanson which may be acquired for public use at some future date. This recommended action was modified accordingly, from the original Planning Commission recommendation. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE ADMINISTRATIVE PLAT FOR THE HANSON ADDITION. Second by Edwards. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Donald Carroll is requesting that the Park Dedication requirement for the Carrollton Fifth Addition be waived on the basis that the requirement had been fulfilled with the acquisition of the land for Carroll's Woods Park. A document was submitted to the City Attorney at this meeting. City Attorney LeFevere requested additional time to review the document. The park dedication fee would be $6,080.00 based on the current fee resolution. MOTION by Busho to table the park dedication appeal by Donald Carroll for the Carrollton Fifth Addition until further examination by the City Attorney can be made to a newly submitted document. Second by Carroll. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. City Attorney LeFevere indicated later on in the meeting that further review would be required and that staff will revise the Carrollton Fifth Addition resolution if required and return the tabled park dedication appeal by Donald Carroll at the next City Council meeting. Assistant Planner Pearson reviewed the request of John Remkus, 13040 Akron Avenue, for a zoning text amendment for increased accessory structure square footage allowances in the Agriculture and rural residential district. Staff reviewed Rosemount's ordinance and studied surrounding cities' standards. Staff would like to eliminate the delineation line of east and west of Akron Avenue having different applications Staff would recommend a tiered system, with the exterior materials consistent with the house. The Planning Commission recommended increasing the total allowable accessory structure's square footage to 4,800 with a single structure maximum of 3,000 square feet. The current maximum is 1.200 square feet west of Akron Avenue and 2,400 square feet east of .Akron Avenue with no aesthetic requirements. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 1996 John Remkus, 13040 Akron Avenue, spoke regarding his usage of the existing buildings and his desire to have a large cold storage shed for farm equipment and hay. Remkus does not use any of the accessory structures for home business uses. He collects cars and his family has two horses. Hay is grown on some of the acreage for the horses, requiring the farm equipment. The Remkus family enjoys the rural atmosphere and had moved from Eagan partly because of the restrictive building ordinances there. Councilmember Wippermann expressed concern that many other residents may end up running businesses from their rural homes if such large structures are allowed. Discussion ensued noting that the 4,800 square feet may be excessive and that larger structures are allowed in the AG (Agricultural) district and smaller structures in RR (Rural Residential) districts Assistant Planner Pearson said staff could revise the ordinance with a proportionate scale for size and district to reduce the large differences in the thresholds and that the amendment could also exclude the rural residential element. MOTION by Carroll to table the zoning text amendment for accessory structures relative to the AG (Agriculture) and RR (Rural Residential) districts. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Assistant Planner Pearson presented an amendment to change the lot coverage standard in the General Industrial District and bring it into consistency with similar commercial and business park standards. Now maximum lot coverage there is 50% which includes all buildings and paved surfaces. Staff recommends 75% coverage if the site has sewer service or can accommodate and manage storm water run off on the site. The Planning Conmtission recommends this change. MOTION by Carroll to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE for lot coverage standards in the General Industrial District. Second by Wippermann. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Administrative Intern Lotter presented the Adult Use Ordinance and zoning amendment in order to regulate adult entertainment and its locations which are protected under the First Amendment (freedom of expression). The city attorney and staff have been working on this for the past two years with a moratorium in place restricting adult uses until the ordinance is in place. The City Code will contain regulations and directives for application, license fee, investigation fee, circumstances under which a license is granted, persons ineligible for a license, places ineligible for a license and penalties for violations. Adult Use Establishments create secondary negative effects and therefore can be regulated. The Zoning Code Ordinance B Amendment regulates location by requiring buffer areas of 500 or 1000 feet. The annual fee would be $3,000. There have not been any applicants to this point in time. MOTION by Edwards to approve AN ORDINANCE AMENDING THE CITY CODE THAT REGULATES ADULT USE ESTABLISHMENTS. Second by Busho. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. 4 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 1996 MOTION by Edwards to approve AN ORDINANCE AMENDING THE CITY ZONING CODE ORDINANCE B for Adult Use Establishments. Second by Wippermann. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. MOTION by Edwards to approve A RESOLUTION ESTABLISHING THE LICENSE FEE FOR ADULT USE ESTABLISHMENTS. Second by Anderson. Ayes: Wippermann. Busho, Carroll, Edwards, Anderson. Nays: None. Community Development Director Rogness presented the Cannon Equipment request that the City of Rosemount use Industrial Revenue Bonds as a permanent source of financing their proposed new building in the Business Park. The "inducement" resolution is not a formal approval of such financing; it essentially starts the time period that expenditures can be eligible for this financing. Industrial Revenue Bonds are a tax exempt financing vehicle issued annually by the State of Minnesota. MOTION by Anderson to approve A RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF ROSEMOUNT TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY. Second by Busho. Ayes. Busho, Carroll, Edwards, Anderson. Wippermann. Nays: None. Public Works Director /City Engineer Osmundson presented Change Order No. 1, on City Project 266, 1996 Street and Utility Reconstruction Project. This would allow the 300 foot segment of sanitary sewer that runs through the garden area from Shamrock Animal Hospital to the Polfus Equipment Property. This will allow the garden club time to schedule a plan to preserve plants to be replanted a short time later. This was preferred to leaving the stressed sewer system until a rupture occurs not allowing time to save the plants. It should take two days to complete this work with the large equipment now available. MOTION by Busho to authorize approval and necessary signature for Change Order #1 to the 1996 Street and Utility Reconstruction Improvements, City Project 266. Second by Edwards. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Councilmember Wippermann requested that when a Public Hearing is held, whether at the Planning Commission level or City Council, that the audience is adequately informed of the process in which they are participating so there is an understanding of the events and results. Most residents rarely participate in public hearings so an explanation is necessary. MOTION by Edwards to adjourn the meeting. Second by Wippermann. Ayes: Five. Nays: None. The meeting was adjourned at 10:15 p.m. The City Council Agenda Packet is Clerk's File 1996 -17. Respectfully submitted, Linda Jentink, Recorsing Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 21, 1996, at 8:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West. The start time of the meeting was changed due to school board elections. Mayor Busho called the meeting to order with Councilmembers Wippermann, Anderson, Carroll and Edwards present. Also present were City Attorney LeFevere_ City Administrator Burt, Administrative Assistant /City Clerk Walsh, Community Development Director Rogness, Senior Planner Mack, Fire Chief Aker, and Parks and Recreation/Community Center Director Topitzhofer. Manager Consultant Todd Christopherson from AMCON attended in regard to the new tire station plans. Councilmember Anderson led the group in the Pledge of Allegiance. Two items were added to the agenda: Consent 4.k. Assessment Agreement and New Business 7.e. ISTS Individual Sewage Treatment Systems Summary. Item 4 j. was pulled from the Consent Agenda for discussion which moved it to 7 d. Accept Resignation of Payroll Clerk and Authorize Replacement Process. MOTION by Wippermann to approve the Consent Agenda with the addition of 4.k. Assessment Agreement. Second by Busho. Discussion followed. MOTION by Wippermann to amend the prior motion to approve the Consent Agenda with the addition of 4.k. Assessment Agreement and removing 4.j. for discussion Second by Edwards. Ayes: Five Nays: None Mayor Busho opened the Public Hearing at 8:07 p.m. for Last Call Bar Grill Liquor Licenses Application. The affidavits of Published and Posted Notice were on file. Administrative Assistant/City Clerk Walsh presented the application from William Schnieder, president of Wilkat, Inc which now manages Last Call Bar Grill, located at 14550 South Robert Trail. Schneider has submitted the required fees, documents and certificate of insurance. Police Chief Knutsen concluded a background investigation of the applicant with a recommendation to approve the liquor licenses. William Schneider spoke in behalf of approval of the on -sale intoxicating liquor license and a Sunday liquor license. Schneider intends to have a good restaurant, good service and a sports bar atmosphere. Schneider is aware of the sentitivity to noise of the Senior High Rise next door and will continue to find ways to improve. They will continue to have charitable gambling. MOTION by Busho to close the Public Hearing for Last Call Bar Grill liquor licenses. Second by Wippermann. Ayes: Five. Nays: None. MOTION by Wippermann to approve issuance of an On -Sale Intoxicating Liquor License and Sunday On -Sale License to Wilkat, Inc. d/b /a Last Call Bar and Grill Effective June I, 1996. Second by Anderson. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 1996 Mayor Busho presented a proclamation for Missing Children's Day for Saturday, May 25, 1996. The City of Rosemount whole heartily supports the protection of children and their safe return and encourages parents and children to be aware of the threat of child abduction. The training tool to teach young children is run. yell, and tell! Parks and Recreation/Community Center Director Topitzhofer gave an update on Carrot's Woods Nature Area Prairie Acquisition. A formal presentation was made to the Legislative Committee on Minnesota Resources (LCMR). They were impressed partly because it was the only prairie acquisition restoration project to make application. State Representative Dennis Ozment and Senator Pat Pariseau offered supportive testimony. The committee did note that city funds would have to match the state funds which would require an additional $112,000. LCMR makes final decisions in August. City Administrator Burt requested three joint meetings with the Planning Commission for workshop sessions on two large land development areas. Dates were discussed The two developments were: 1) McNamara/ Chippendale Partners located south of County Road 42 between Shannon Parkway and Chippendale Avenue, and 2) Kelley Property, northwest of Shannon elementary school. Burt also requested additional time for CIP Budget discussion which Council agreed to hold following the regular City Council meeting June 18. MOTION by Edwards to set special joint meetings for Council Workshop Sessions which will be held on May 28, June 11, and June 25 at 5:30 p.m. to 6:30 p.m. for the purpose of reviewing information on the McNamara and Kelley land development. Second by Anderson. Ayes: Anderson, Wipperrnann, Busho, Carroll, Edwards. Nays: None. Fire Chief Aker explained there were thirty different bid packages for the construction of the fire station. The bid opening took place May 14, 1996 and Todd Christopherson from AMCON Construction Management provided a detailed explanation and request for accepting all but three of the bids. The total bids are $35,000 over budget but City Administrator Burt explained there is a contingency fund of $65,000. Mayor Busho asked that the placement of an outdoor warning siren be considered at the fire station site. Staff will look into that. MOTION by Carroll to accept bids and award contracts to bidders and construction packages as listed as accepted on the Contractor Bid Analysis by AMCON Construction Management dated May 21, 1996, except for Items 11. Millwork, Item 19. Tile Work, and Item 29 Mechanical for construction of a fire station on Dodd Boulevard and Shannon Parkway. Administrative Assistant /City Clerk Walsh presented the survey results on the election process. There were 328 responses returned. Over 4,000 were mailed to residents. The totals were as follows. preference for 2 year mayor term 60; preference for 4 year mayor term 255; preference for odd -year elections 43; preference for even -year elections 258; preference for extending terms by 1 year 222; and preference to 3 year terms and hold 1997 and 1999 elections 53. Other information considered from the League of Minnesota Cities was out of 847 cities 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 1996 surveyed, 737 hold even year elections and 93 hold odd year election; Rosemount and Lakeville are the only cities in Dakota County which have odd year elections; advantages of even year elections are cost savings, voter convenience, higher voter turnout; disadvantages of even year elections is that local election may get lost in federal and state election; advantages of 4 year mayor term are stability and continuity; and advantage of two year mayor term is that change can be good. Councilmember Carroll confirmed with City Attorney LeFevere that the state prohibits a referendum question dealing with this election issue unless it would be brought forth by petition. Council will consider any further input from residents and directed staff to write a new ordinance. Councilmember Wippermann noted that he doesn't like the change from odd year elections to even years because the city issues get lost in the business of the presidential and/or state process. MOTION by Carroll to direct staff to prepare an ordinance to implement the preferences expressed by the public in the recent survey. Second by Edwards. Ayes Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Community Development Director Rogness reviewed the Zoning Text Amendment for Accessory Structures which was tabled on May 7, 1996, Regular City Council meeting. An application by John Remlars was made for a zoning text amendment to increase maximum aggregate total for accessory buildings in rural residential areas thus allowing him to build a large structure for storage. The Planning Commission spent considerable time reviewing options and did recommend approval of some increases. The City Council however, was not comfortable with the increased allowable maximum aggregate. Following discussion and amendment to the recommendation, the following actions were taken. MOTION by Busho to adopt the zoning text amendment modifying the ordinance standards of accessory structures in the Agriculture and Rural Residential Districts. The motion failed due to lack of a second. MOTION by Carroll to adopt the zoning text amendment modifying the ordinance standards of accessory structures in the Agriculture and Rural Residential Districts with the following changes: that asterixs be added after the 2,400 sq. ft. and the 3,000 sq. ft and the notation for the would read, "The maximum area of any single accessory building shall not exceed 50%o of the maximum aggregate total for accessory buildings." The motion failed due to lack of a second. MOTION by Edwards to table the Zoning Text Amendment for Accessory Structures. Second by Busho. Ayes: Anderson, Wippennann, Busho, Carroll, Edwards. Nays: None. City Administrator Burt noted that City Council consensus was not in favor of the zoning text amendment but was favorable toward the increased architectural features and to allow on ten acres or greater when zoned in the Agricultural District a 2400 sq. ft. total aggregate for accessory buildings. Pole buildings would still be allowable in parcels of 20 acres or more. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 1996 Opinions of Councilmembers on the amendment for accessory structures were as follows: Councilmember Carroll noted he was in favor of abandoning the east -west designation of Akron Avenue for building regulations Carroll believed the amendment was too liberal as presented and would like design standards increased Structures not in the Agricultural District may eventually be next to residential hones, so increases in the exterior standards would be good. Perhaps an enforcement mechanism could be added to deal with the concern for home businesses starting up in rural residential districts. Carroll stated his impression of Mr. Remkus's situation was that it was inadvertent. not intentional. Councilmember Anderson liked the old ordinance the way it was since it allowed 2400 sq. ft. in the rural residential district. Anderson favored an increase in exterior standards but not lowering the Agricultural District aggregate total. Councilmember Wippermann had concerns for the increase. In 1988 Council addressed this issue and voiced concerns then for businesses being run from rural residential areas with large structures. Many residents have complied with the old ordinance in that time and have built structures accordingly. He would like to see enhancement to the building material for exterior of structures. Wippermann also felt the 2400 sq. ft. for agricultural district should he sufficient Councilmember Edwards noted that law enforcement had several years ago closed down an automobile "chop shop" which distributes stolen vehicle parts in the rural Rosemount area. This is the type of business that can be easily concealable in the rural residential area. However, the people with legitimate uses for storage, farm and animal structures should not be penalized. Edwards reiterated the need to do "what is best for Rosemount" and not just for a individual case. Mayor Busho said that the applicant deserves an answer to his request. Rogness and LeFevere noted that Remkus had given the City a letter extending the 60 day notice. Rogness estimated there were 45 days remaining. Busho noted she was not in favor of rounding off acreage to the nearest tenth for application of the ordinance. Busho favored increased exterior standards to maintain a residential atmosphere in the rural residential zoned area. Community Development Director Rogness noted that an increase in design standards does increase the cost of the structure significantly which often requires the builder to size down the structure, as h4r. Remkus indicated he would do. Mayor Busho directed comments to John Remkus in the audience to insure his understanding of the proceedings. The tabling of the zoning text amendment shows City Council's doubtful acceptance of it as recommended. Some changes may still happen, but apparently not enough for an acceptance of the structure Remkus proposed to build. John Remkus made comments of disappointment with City Council's decision. Remkus showed Council a photograph of his house, buildings, and land with Koch Refining in the background and a natural gas pipeline and a Williams Petroleum pipeline in the frontyard. His point being that esthetics should not be an issue for his land, all though the building he proposed would have an 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 1996 exterior to match the house. Remkus stated he did not intend to circumvent any regulations. He would like to buy more land, but Koch Refining is not willing to sell any. Remkus felt City Council left him with no alternative but to move out of Rosemount. City Administrator Burt presented the Fine Revenue Collection Program developed by Dakota County. Pilot programs in four cities in 1995 proved very beneficial with a significant reduction in overdue fines and an increase in fine revenues. This is a collection method called revenue recapture which enables the county to seize income tax reftmds, property tax refunds, renter's credits. and lottery winnings, as payment for delinquent fines. This is a joint powers agreement inviting most major cities in Dakota County to participate. MOTION by Wippermann to approve the Joint Powers Agreement for Enhanced Fine Revenue Collection Program for the City of Rosemount. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Senior Planner Mack presented the request to hire a consultant for design services for the Rosemount Commercial Center Streetscape and Urban Design Plan. The goal is to revitalize the commercial center area and identify broader objectives to create a design element linking street and public spaces. This will help guide and initiate improvements for the community. RLK Associates would provide: 1) a concept plan; 2) preliminary streetscape plan; and 3) a final Master Plan. Discussion followed. MOTION by Wippermann to approve a contract agreement with RLK Associates for Commercial Center Streetscape and Urban Design Plan Services. Second by Carroll. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Parks and Recreation/Community Center Director Topitzhofer proposed a full -time position to streamline scheduling and have more expertise in sophisticated building equipment and rental requirements. This would cover evenings and weekends, the "Wedding Shift Staff is required to have Council approval for all new full time positions. MOTION by Anderson to authorize posting and advertising of a full time Building Attendant. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Mayor Busho requested discussion on the resignation of the payroll clerk and authorizing the replacement process. Busho pointed out that exit interviews should be policy so that the City can gain from their knowledge. Busho noted disappointment that good key people choose to seek employment elsewhere. City Administer Burt assured Council that exit interviews are made although it is not written in policy form. MOTION by Edwards to accept the resignation of Linda Mortenson, Payroll Clerk, and to authorize staff to proceed with replacement of the payroll clerk position. Second by Busho. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Community Development Director Rogness noted that a legal summary of the On -Site Individual Sewage Treatment Systems, Ordinance No. B -61, was assembled for Council approval and then publication as required. The Ordinance was approved at the May 7. 1996, Regular City Council meeting. MOTION by Busho to adopt A RESOLUTION AND ORDINANCE SUMMARY AMENDING ORDINANCE B -61. (14.6) CITY OF ROSEMOUNT ZONING ORDINANCE RELATING TO THE DESIGN, INSTALLATION AND MAINTENANCE OF ON -SITE INDIVIDUAL SEWAGE TREATMENT SYSTEMS and to publish such summary in the Rosemount Town Pages. Second by Edwards. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None MOTION by Wippermann to adjourn the meeting. Second by Edwards. Ayes: Five. Nays: None. The meeting was adjourned at 10:55 p.m. The City Council Agenda Packet is Clerk's File 1996 -18. 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 1996 Respectfully submitted, Linda Jentink, Recording Secretary CITY OF ROSEMOUNT Everything's Coming Up Rosemount!! Chippendale /42 Partnership Presentation SIJMtvIARY OF JOINT WORKSESSION -MAY 28, 1996 CITY HALL 2075 145th Street west P.O. Box 510 Rosemount, MN 55068-0510 Phone: 612- 423 -4411 Fax: 512-423-5203 Mayor Cathy Busho and Planning Commission Chairperson William Droste called the joint worksession to order at 5:30 p.m. with all members of the City Council and Planning Commission present. Also present were Community Development Director Dan Rogness, Senior Planner Andrew Mack and Assistant Planner Rick Pearson. Community Development Director Rogness opened the joint worksession by explaining the purpose of this worksession and the worksession scheduled for June 11, 1996. Mr. Rogness then turned the meeting over to John Voss, Consultant for the Chippendale/42 Partnership project. Mr. Voss briefly reviewed the concept plan for this project. He mentioned that a resolution was passed by the City Council in December of 1995 requiring that the applicant have a market analysis and traffic analysis completed for this project. Ivfr. Voss then introduced Lloyd Graven of Graven Associates. Mr. Graven reviewed and summarized the market study that was completed by Graven Associates covering the following topics: retail market analysis, office market, impact of proposed development and potential alternative locations. He reviewed the process and assumptions that were used in preparing this market study analysis. Mr. Graven opened the floor to anyone who had questions on the market study. Various questions were raised including how the primary trade area was determined, the effect this prbject would have on the "downtown" area (businesses potentially relocating to this commercial area), and the effect an additional 1,000 residential units east of the railroad tracks would have on this study. Mr. Graven summarized that the type of commercial area that would most likely suit this area is a "neighborhood" store development which includes grocery stores, drug stores, hardware stores and other businesses that would be used on a daily basis. Jim Johnson, Civil Engineer for Bolton, Inc., reviewed the completed traffic study. He stated that the basis for the study used 1995 figures which included 16,000 vehicles a day on CSAH 42 and 4,000 vehicles a day on Chippendale Avenue and Shannon Parkway. Mr. Johnson then reviewed the short term (2001) and long -term (2016) recommendations in regards to roadway improvements that were stated in the study. Pursuant to a question, Mr. Johnson stated that pedestrian traffic was not considered in the traffic study. The worksession was closed at 6:35 p.m. n Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 4, 1996, at 7132 p.m. in the Council Chambers at City Hall, 2875 145th Street West Mayor Busho called the meeting to order with Councilmembers Anderson, Carroll and Edwards present. Councilmember Wippermann was absent. Also, present were City Attorney LeFevere, City Administrator Burt, Administrative Assistant /City Clerk Walsh, Community Development Director Rogness, Public Works Director /City Engineer Osmundson and Finance Director May. Finance Consultant Dan O'Neill from Springsted attended in regard to the bond sales. City Attorney LeFevere led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 4, 1996 The Consent Agenda was changed by pulling Item 4.f. Summary of Adult Use Ordinance XVL35 for Publication (the city attorney determined it would be better to publish the whole ordinance than to summarize it). Then, Item 4j. from the Consent Agenda was pulled for discussion under Old Business (Item 6.g.). It was noted that a revised ordinance with minor changes was given to City Council in regard to Old Business, Item 6.d. Election Ordinance IV.2. MOTION by Anderson to approve the Consent Agenda with the removal of Item 4.11 Summary of Adult Use Ordinance for Publication and Item 4.j. Zoning Text Amendment requested by John Remkus, 13040 Akron Avenue, for discussion under Old Business. Second by Edwards. Ayes: Four. Nays: None. Finance Director May presented the results of the General Obligation Bond Sales, 1996A, B, and C. These were obtained for the new fire station, storm water revenue for City Project 266, and water revenue for Well No. 9. Cronin Company received Bonds A and B and FBS Investments received Bond C. Interest rates were very near what was expected The City did maintain an "A" rating for all bonds. MOTION by Edwards to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,780,000 GENERAL OBLIGATION FIRE STATION BONDS, SERIES 1996A AND LEVY A TAX FOR THE PAYMENT THEREOF. Second by Carroll. Ayes: Edwards, Anderson, Busho, Carroll. Nays: None. MOTION by Busho to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,035,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1996B AND PROVIDING FOR THEIR ISSUANCE. Second by Anderson. Ayes: Anderson, Busho, Carroll, Edwards. Nays: None. MOTION by Carroll to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $500,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1996C AND PROVIDING FOR THEIR ISSUANCE. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson. Nays: None. Administrative Assistant Walsh presented the ordinance which would change the city's general election from odd year to even year and would extend the mayoral term from two years to four ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 4, 1996 years. It also sets out the transition plan which would extend council terms by one year. State law regulates that the ordinance would go into effect 240 days after adoption and publication. MOTION by Edwards to adopt AN ORDINANCE AMENDING TITLE 1, CHAPTER 5 OF THE CITY CODE PERTAINING TO ELECTIONS. Second by .Anderson. Ayes: Carroll, Edwards, Anderson. Busho. Nays: None. Community Development Director Rogness reviewed the Planning Commission's recommendation for changes of the permitted uses for the Business Park Zoning Districts. The long list of permitted uses was cleaned up to clearly present the purpose and intent of business parks in Rosemount. City Council had a work session with the Port Authority, Planning Commission, and staff. Councilmember Anderson complimented staff for the thorough review, going line by line, so all involved had knowledge of details needed to make good decisions. MOTION by Busho to approve AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE PROVIDING FOR REVISIONS TO THE PERMITTED USES WITHIN THE BP BUSINESS PARK DISTRICT. Second by Anderson. Ayes: Edwards, Anderson, Busho, Carroll. Nays: None. Community Development Director Rogness reviewed the Zoning Text Amendment for Accessory Structures. Councilmember Carroll noted some inconsistencies within the amendment. The consensus was to further revise the amendment. MOTION by Busho to table the zoning text amendment modifying the ordinance standards of accessory structures in the Agriculture District. Second by Anderson. Ayes: Anderson, Busho, Carroll, Edwards. Nays. None. Councilmember Carroll wished to discuss the findings of fact presented in a resolution denying John Remkus, 13040 Akron Avenue a zoning text amendment. Carroll specifically did not agree that in the sixth "whereas," the item listed as 3. "a large accessory structure may potentially foster a land use which is not permitted in either the Agriculture or Rural Residential Districts," was a proper basis for denial and Carroll did not agree with item 4. "that the amendment did not create appropriate standards by which large accessory structures might be regulated." MOTION by Anderson to adopt A RESOLUTION TO DENY THE ZONING TEXT AMENDMENT TO SECTION 7.2 ACCESSORY BUILDINGS OF THE SUPPLEMENTARY REGULATIONS OF ORDINANCE B as requested by John Remkus, 13040 Akron Avenue. Second by Edwards. Ayes: Busho, Edwards, Anderson. Nays: Carroll. Motion was passed. Mayor Busho discussed the transit tax levy. Previously, the Metropolitan Council collected the taxes utilized for regional transit. The creation of the Minnesota Valley Transit Authority (MVTA) and other opt -out transit agencies allowed for enhanced local service by the member's communities, but the funding was still provided by the Met Council. Tax revenues that were not spent went back to the Met Council to be used elsewhere in the region Recent legislation would 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 4, 1996 change this so that transit taxes would be levied by Rosemount, in our case. This will not impact local taxes. It will give Rosemount more control over the revenue via participation in the MVTA. MOTION by Busho to adopt A RESOLUTION APPROVING THE LEVY OF THE TRANSIT TAX in accordance with State Statute 473.388. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Busho. Nays: None. Mayor Busho opened the Public Hearing at 8:03 p.m. for the 1996 Bituminous Overlay and Appurtenant Work, City Project 274; Order Plans and Specifications, Approve Plans and Specifications. and Authorize Advertisement for Bid. The affidavits of Published and Posted Notice were on file. Public Works Director /City Engineer Osmundson described City Project 274 as a street overlay for the Carrollton Addition, west of Chili Avenue and north of 145th Street West. The streets were originally constructed in 1978 1979. Two seal coatings have been done since then. Much of the curb and gutter are sinking and in need of repair. The assessment is estimated to be $261 per lot. Sixty -five percent of the project will come from the 1996 General Fund and 35% is assessed to benefitting properties. The Assessment Hearing is scheduled for September 17, 1996 at which time residents can appeal their assessment if desired. Council discussed the regular repair and replacement of city streets noting this project was justified. Mayor Busho called for audience input. Mike Mielke, 3495 144 Street, questioned the wisdom of putting the overlay on before the seven new lots are built on 144th Street. There would be large machines and heavy traffic. Osmundson noted it is common to go ahead with street repair projects especially when there is no definite commitment for when the lots will develop. Marvin Friesen, 3499 I 43rd Street West, questioned the amount of the assessment and noted that it should be more fairly distributed. Mike Carlson, 3515 144 Street, commented on the timing of the project when the seven lots could cause construction soon. Councilmember Edwards noted that it could cost more if the City waits. Neighbors complained about the Carrollton Addition having hazards for children and weeds. City Attorney LeFevere said it may be a case of negligence, but no formal complaints came forward. MOTION by Busho to close the Public Hearing for the 1996 Bituminous Overlay and Appurtenant Work, City Project 274, Order Plans and Specifications/Approve Plans and Specifications /and Authorize Advertisement for Bid. Second by Anderson. Ayes: Edwards, Anderson, Busho, Carroll. Nays. None. MOTION by Edwards to adopt A RESOLUTION ORDERING THE PROJECT; ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS; APPROVE 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 4, 1996 PLANS AND SPECIFICATIONS AND AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR 1996 BITUMINOUS OVERLAY AND APPURTENANT WORK, CITY PROJECT 274. Second by Anderson. .Ayes: Anderson, Busho, Carroll, Edwards. Nays: None. Finance Director May explained the new aid program called Local Performance Aid (LPA) passed in the latest legislative session. It requires cities to have a performance measurement system in place to receive Homestead and Agricultural Credit Aid (HACA). Compliance is not required in 1997, but indication must be made that a process is beginning. Further property tax reform is expected in the next few years. MOTION by Anderson to adopt A RESOLUTION ACKNOWLEDGING LOCAL PERFORMANCE AID LEGISLATION and to file the necessary certification with the Minnesota Department of Revenue to receive our Local Performance Aid for 1997. Second by Busho. Ayes: Busho, Carroll, Edwards, Anderson. Nays: None. City Administrator Burt noted that the Performance Aid Legislation shows potential problems because cities' method's differ so greatly, they will not be comparing "apples to apples." Councilmernber Edwards noted that Phoenix did a pilot program with performance evaluation and much of the work was then given to private contractors. However, after several years, they found that wasn't working well. Mayor Busho noted some upcoming meetings: June 1 lth, 5:30 p.m. ajoint meeting with the Planning Commission on the McNamara Development. June 14th is Teen Night. Several Councilmernbers and City Administrator Burt will be attending the League of Minnesota Conference in Rochester, Minnesota, June 11 14. MOTION by Edwards to adjourn the meeting. Second by Carroll. Ayes: Four. Nays: None. The meeting was adjourned at 8:43 p.m. The City Council Agenda Packet is Clerk's File 1996 -19. Respectfully submitted, v/G Linda Jentink, Recording Secretary CITY OF ROSEMOUNT Everything's Coming Up Rosemount!! Chippendale /42 Partnership Presentation SUMMARY OF JOINT WORKSESSION -JUNE 11, 1996 CITY HALL 2875 145th Street West P.O. Box 510 Rosemount. MN 55068 -0510 Phone: 612423 -441 1 Fax: 512423 -5203 Mayor Cathy Busho called the joint worksession to order at 5:30 p.m. with City Council Member Joan Anderson, City Council Member John Edwards, Planning Chairperson Bill Droste, Planning Commissioner Mark DeBettignies and Planning Commissioner Kim Shoe Corrigan present. Also present were Community Development Director Dan Rogness, Senior Planner Andrew Mack, Assistant Planner Rick Pearson, Director of Public Works Bud Osmundson, Civil Engineer Doug Litterer, Director of Parks and Recreation Jim Topitzhofer and Intern Dean Lotter. Mayor Busho explained the procedure for this worksession and then turned the worksession over to Jim Johnson, Civil Engineer for Bolton, Inc Mr. Johnson reviewed the short-term (2001) and long -term (2016) recommendations in regards to roadway improvements that were stated in the traffic study He mentioned that the consultant who prepared the traffic study, WSB and Associates, was hired by the City. Mr. Johnson also briefly discussed various engineering issues such as drainage, water main service and sewer system access. Various Council and Commission members raised the following concerns and questions: possible U- turn problem on Chippendale Avenue if a median is constructed south of CSAH 42; the proposed time table for development on this site; who bears the cost of the recommended road improvements; does traffic flow match the information received in the market study; was the traffic report an unbiased report; pedestrian flow and trails; and ownership of the storm water drainage areas. Planning Commission Member Jay Tentinger arrived at 6:05 p.m. Jeff of Damon Fabor Associates reviewed the proposed landscape plan. He stated that they used landscaping to separate the various land uses on the site and incorporated pedestrian amenities (i.e. trash receptacles, benches, etc.) into their plan. Jeff commented that they have been working with a townhome association in order to provide buffering to the residential uses to the west. Wayne Hilbert of CNH Associates briefly reviewed the architectural design of the site. He stated that the design is consistent throughout yet there is some variety and brick will be used throughout. Wayne reviewed the streetscape as viewed from Shannon Parkway and also discussed proposed signage on the site. Pursuant to a request from Commissioner Tentinger, Wayne discussed the proposed color schemes for the entire site and more specifically, the Walgreens building. John Voss of Urban Planning Design mentioned that several meetings have either occurred or will occur with the neighboring homeowners associations in order to discuss this proposed concept plan. n ',cycled paw, 1 1 1 Joint Worksession June 11, 1996 Page 2 Mayor Busho opened the floor to questions from the audience in attendance. Questions were raised regarding the stacking distance required and proposed on Shannon Parkway from the Walgreens entrance/exit; pedestrian access throughout the site; and when the park is proposed to be developed. Council Member Edwards requested that City Staff review the costs and benefits associated with this particular development. The worksession was closed at 6:35 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 18, 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 Wippermann, Anderson, Carroll and Edwards present. Also, present were City Attorney LeFevere, City Administrator Burt, Community Development Director Rogness, Senior Planner Mack, Public Works Director /City Engineer Osmundson, Water Resource Coordinator Tim Brown, Police Chief Knutsen, Parks and Recreation/ Community Center Director Topitzhofer and Finance Director May. Police Chief Knutsen led the group in the Pledge of Allegiance. The Consent Agenda was changed by pulling Items 4.i. through 4. m. for discussion. Further, two items were put under the Department Heads Reports: Introduction of Tim Brown, Water Resource Coordinator and Item 6.b. Cops Universal Grant and Police Recruit Education Program. Police Chief Knutsen reviewed the grant program by the U.S. Department of Justice for hiring an additional officer granting Rosemount $75,000 over the next three years. Staff recommends seeking a candidate for the PREP Program as an alternative way to fill this position. MOTION by Edwards to accept the Cops Universal Hiring Grant. Second by Carroll Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. The motion was carried. MOTION by Edwards to authorize the Chief of Police to start the hiring process for a new officer candidate. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Public Works Director /City Engineer Osmundson introduced Tim Brown the city's new Water Resource Coordinator. Tim recently received his Professional Engineer degree. Brown has already worked with a stenciling program for the catch water basins involving youth from the area. Tim was welcomed by City Council. MOTION by Wippermann to approve the Consent Agenda with the removal of Items 4.i. through 4.m. Second by Anderson. Ayes: Five. Nays: None. The motion was carried. Community Development Director Rogness reviewed the facts for the lot division request by Debra Marthaler, 15100 Emery Avenue. Marthaler wishes to construct a single family residence on a 2.5 acre lot, leaving approximately 76 acres on the remaining parcel. The 2.5 acre lot would need to be rezoned from agriculture preserve to agricultural. MOTION by Anderson to adopt A RESOLUTION APPROVING THE AGRICULTURAL LOT DIVISION AND REZONING OF APPROXIMATELY 2.5 ACRES OF LAND FOR DEBRA L. MARTHALER with the addition of condition 3. A deed restriction must be recorded with Dakota County so that future subdivisions of the remanent parcel shall not exceed six (6) dwelling units until applicable zoning controls change. Second by Edwards. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. The motion was carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 1996 MOTION by Anderson to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE rezoning the 2.5 acre parcel to agriculture (AG) from Agriculture Preserve (AGP). Second by Wippermann. Ayes: Anderson, Wippermann. Busho, Carroll, Edwards. Nays None. The motion was carried. Police Chief Knutsen reported on the recommendation to renew the towing contract with Magnum Towing. The proposed addendum for City Council consideration will allow the contract to be terminated by either party with a sixty day notice. The new rates reflect a ten percent increase which staff feels is justifiable based upon inflation and current fuel prices. There were 276 tows last year. MOTION by Carroll to approve the addendum to the City's Vehicle Towing and Impounding Agreement and to authorize the necessary signatures. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. The motion was carried. Community Development Director Rogness reviewed the request by Bob Guetschoff of G.T.I. Theaters for a zoning ordinance amending the parking standards for movie theaters. G.T.I. Theaters would like to expand their theater and increase the parking spaces required. Planning Commission and staff did comparisons for surrounding cities and usage studies and felt comfortable changing the parking standard from three seats per parking space to four. MOTION by Carroll to adopt a Zoning Ordinance Text Amendment to Section 8.1, Ordinance B the Zoning Ordinance for movie theater parking requirements of one parking space per four seats. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. The motion was carried. Community Development Director Rogness presented the final plat for the Shannon Dodd Fire Station. The lot will be registered with the county in order to continue with the building process. Some minor changes may be made to the drainage and utility easements. Grading of the lot will begin this week. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR THE SHANNON DODD FIRE STATION. Second by Edwards. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays None. The motion was carried. Public Works Director /City Engineer Osmundson reviewed the Wetland Planning Challenge Grant which may provide $15,000 from Minnesota Board of Soil and Water Resources to complete the requirements in the City's Comprehensive Guide Plan. This will give Rosemount an organized and coherent source of city water policy for city planners, residents and developers. MOTION by Edwards to adopt A RESOLUTION AUTHORIZING THE MATCHING OF LOCAL FUNDING AND SIGNATURE OF CHALLENGE GRANT DOCUMENTS. Second by Anderson. Ayes: Edwards. Anderson, Wippermann, Busho, Carroll. Nays. None. The motion was carried. 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 1996 Administrative Intern Lotter reported that American Portable Telecom, a wireless communications service provider, has requested a zoning text amendment that would allow the construction of commercial use antenna towers in the agriculture district. The Federal Communications Act requires that cities must allow space for communication towers in their boundaries. Council consensus was to put towers in the Industrial Zones. Several changes were suggested in the ordinance. Staff was requested to obtain more technical and environmental information. City Attorney LeFevere cautioned that since this technology is very new, current laws and restrictions, such as co- location of multiple companies on the same tower, have not been tested in courts of law yet. Lotter noted that the zoning request has a 60 day limit and this would be the 42nd day so there will be time to bring this issue back to City Council. MOTION by Carroll to table the amendment to the City Zoning Code Ordinance B regulating commercial use of antenna towers. Second by Busho. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. The motion was carried. SKB Environmental requested a Zoning Ordinance Text Amendment to permit an expansion to their current landfill. The land this will effect is a strip 130 feet by 2300 feet just inside the northern boarder of Rosemount. They would maintain a fifty foot easement away from their property line, the minimum setback set by state law. A rezoning of the property from IG General Industrial to WM Waste Management would be required. The volume would be limited and a tipping fee would be paid per cubic yard of material. Planning Commission and staff recommend its approval. If the text amendment is approved staffrecomcnends that the rezoning be tabled until a satisfactory site plan and the Interim Use Permit application is submitted. MOTION by Carroll to approve a zoning ordinance text amendment providing for a construction demolition waste facility as a permitted interim use in the WM -Waste Management District. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards. Anderson. Nays: None. The motion was carried. MOTION by Carroll to table action on a rezoning for SKB Environmental from IG- General Industrial to WM -Waste Management District. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. The motion was carried. Community Development Director Rogness reviewed an amendment to the Wensmann Ninth Addition Planned Unit Development which would initiate a land swap for park land in the development with adjoining land, a Rosewood Manor parcel, to develop a family resource center. Terry Wensmann was agreeable to the arrangement as well as supporters of the family resource center. Barb Brown and T. J. Adams, perspective residents of the Wensmann Ninth Development, expressed their desire for a quiet, tranquil atmosphere of green open space rather than a park with a basketball hoop, parking lot, and meeting building. Parks and Recreation/Community Center Director Topitzhofer noted that the Parks and Recreation Committee has been working on a fancily resource center with local groups, Dakota 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 1996 County Human Services, and Community Action Council for the past two years. Grants have been obtained for much of the project and agencies have pledged money for operating expenses. Mayor Busho said this is certainly a "win/win" situation and thanked those involved for being cooperative. Sheila Klassen, from RPP (Rosemount Partnership Program) was pleased with the healthy community initiatives and thanked Penny Butler from DAP (Dakota Alliance for Prevention) and Angie Dickson from CAC (Community Action Council) for their support and involvement. Terry Wensmann was willing to do the land swap to maintain the quiet green space as was expected from future townhome owners. Councilmembers noted that "parks" can be interpreted differently to many people, but in the future clear communication should be made to all developers on what should be expected. Developers must likewise realize that community planning involves more than just the residents in their own development. MOTION by Edwards to approve the amendment to the Wensmann Ninth Addition Planned Unit Development subject to: 1) execution of an amendment to the Planned Unit Development agreement to secure the transfer of Outlot A, Wensmann Ninth Addition to the developer in return for the 1.23 acre Rosemount Manor outlot for public park development; 2) conformance with all applicable building, fire and zoning code standards relative to the five dwelling units; 3) incorporation of recommendations relative to grading, utilities and easement identified by the Public Works Department; 4) confonnance with requirements for the Planned Unit Development Final Plan and Final Plat relative to the development of Outlot A, Wensmann Ninth Addition. Second by Wippermann. Ayes: Carroll, Edwards, Anderson, Wippennann, Busho. Nays: None. The motion was carried. MOTION by Edwards to adjourn the meeting. Second by Busho. Ayes: Five. Nays: None. The meeting was adjourned at 10:45 p.m. The City Council Agenda Packet is Clerk's File 1996 -20. Respectfully submitted, Linda Jentink, Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL BUDGET WORKSHOP JUNE 18, 1996 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Tuesday. June 18, 1996, at 10:55 p.m. in the Council Chambers at City Hall, 2875 145th Street West The purpose of the meeting was to have a workshop on the Capital Improvement Projects and Budget for 1997. Mayor Busho called the meeting to order with Councilmembers Wippermann, Anderson, Carroll and Edwards present. Also present were City Administrator Burt, Public Works Director /City Engineer Osmundson, Police Chief Knutsen, Parks and Recreation/ Community Center Director Topitzhofer and Finance Director May. City Administrator Burt and Finance Director May discussed with City Council the upcoming priorities, funding issues and asked for direction within departments. Discussion covered many areas and staff was directed to further refine the budget to present to City Council at a later date. MOTION by Edwards to adjourn the meeting. Second by Busho. Ayes: Five. Nays: None. The meeting was adjourned at 11:55 p.m. The City Council Special Workshop is Clerk's File is 1996 -21. Respectfully submitted, City Adminis4ip r— o �s D. Burt Recording Secretary CITY OF ROSEMOUNT Everything's Coming Up Rosemount!! Planned Development Residential (Kelley Trust Property) SUMMARY OF JOINT WORKSESSION -NNE 25, 1996 Mayor Cathy Busho called the joint worksession to order at 5:35 p.m. with City Council Member Dennis Wippermann, City Council Member John Edwards, City Council Member Kevin Carroll, Planning Chairperson Bill Droste, Planning Commissioner Mark DeBettiw ies, Planning Commissioner Jay Tentinger and Planning Commissioner Kim Shoe Corrigan present Also present were City Administrator Tom Burt, Senior Planner Andrew Mack, Assistant Planner Rick Pearson, Director of Public Works Bud Osmundson, Director of Parks and Recreation Jim Topitzhofer and Intern Dean Lotter. Assistant Planner Pearson stated that the Kelley Trust property is approximately 520 acres, all of which will eventually be located in the 1vIUSA. He stated that this piece of land is a transitional area between urban residential and rural residential and contains many unique topographical features. Mr. Pearson then reviewed a base map of this area and the location of the topographical features. He mentioned that Staff has divided the Kelley Trust property into 3 separate development areas and he discussed net acreage and density for each area. Staff has concluded that the developer is entitled to 1,020 dwelling units pursuant to the Comprehensive Guide Plan. Mr. Pearson also reviewed possible street connections to each of the 3 separate areas. Mr. Pearson mentioned that the Planning Commission discussed this matter at a worksession on May 14, 1996, and that Staff was looking for further direction from the Planning Commission and City Council in regards to possibly transferring density from one area of the Kelley Trust property to another area of the Kelley Trust property in order to preserve some of the land for open space. Director of Public Works Osmundson stated that he had a telephone discussion with Tim Dwyer, a representative of the Kelley Trust, and that Mr. Dwyer stated that he is currently negotiating with 3 potential developers/buyers of the property. Ivlr. Osmundson mentioned that the area along Shannon Parkway has been assessed to the Kelley Trust property and therefore, the Kelley Trust is guaranteed to develop approximately 200 dwelling units. A short discussion on MUSA issues and timing concerns occurred CITY HALL 2875 145th Street West P.O. Sax 510 Rosemount, MN 55068 -0510 Phone: 6124234411 Fax: 512423-5203 Assistant Planner Pearson displayed an older map which showed the Kelley Trust property all developed as R -1 Single Family Residential (approximately 1,050 dwelling units). The majority of' the trees, ponds, slopes, etc. were eliminated with this proposal. A discussion took place regarding the following: (1) open space; (2) protected park area and trail system; (3) the possibility of transferring density from the area along Shannon Parkway to the Daly Farm area; (4) tree preservation; and (5) park dedication. n ann eel no ',vele pipe im u.r cr.nw enure.. 1 1 1 Joint Worksession June 25, 1996 Page 2 Council Member Wippermann stated that he has 2 objectives: (1) to preserve the natural resources and topography of this property; and (2) remain sensitive to the rural residential neighbors (need transitional area). He seeks to keep the density on all 3 areas as low as possible. Mr. Wippermann felt that 1,020 dwelling units on this site is excessive and the character of the land will be destroyed if this many units are allowed. He felt the City needed to challenge this number and develop another scenario to lower the dwelling units allowed. Council Member Edwards felt that the same issues were being discussed now in regards to this property as were being discussed 6 years ago when the Comprehensive Guide Plan was being redrafted. Mr. Edwards commented that the consensus was for lower density and downzoning. He requested that Staff design language consistent with this consensus and bring that back for discussion. Mr. Edwards stated that he needed to see something more tangible and believed that the City needed to act on this issue expeditiously to mitigate some of the timing issues. Planning Commissioner Shoe Corrigan stated that she was concerned with the future of the wildlife in this area if it were all to be developed. She mentioned that possibly the Kelley Trust would be open to conservation easements. She stated that this was the last open space area left in the western end of the City and would Like to see it stay open space (which does not include parks, ball fields, etc. but left as undeveloped land). Ms. Shoe Corrigan also requested that the community have some input in this issue. Planning Chairman Droste felt that the majority of the community would support open space in this area and commented that if this land were all developed as R -1 Single -Family Residential the natural features would be lost. It was concluded that Staff would: (1) schedule a bus tour in the near future to allow the City Council and Planning Commission to view clustering developments, multi family developments, etc.; (2) create draft language (with guidance from the City Attorney) for the City Council and Planning Commission to review in the near future; and (3) obtain acreage and total dwelling units of various developments in the City. The worksession was closed at 6:50 p.m. Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 2, 1996, at 7:31 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, City Administrator Burt, Conununity Development Director Rogness. Administrative Intern Lotter, Public Works Director /City Engineer Osmundson, and Parks and Recreation' Community Center Director Topitzhofer. Councilmenber Carroll led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 1996 An item was added to the Consent Agenda. It was number 4. o. Vehicle Retention Resolution. Additional changes were made to the agreements for Item 4. j Leprechaun Days Service Agreement and 4.111. Community Center Rifle Range Policy. A letter was also received by City Council from Thomas D Bisch of Heritage Development commenting on the Public Improvement Policy. City Administrator Burt requested City Council to consider a meeting time for a budget workshop. Council consensus was to call a special meeting on Tuesday, July 30, 1996, at 6:00 p.m. MOTION by Busho to set a budget workshop on Tuesday, July 30, 1996, at 6:00 p.m to be held in the Council Chambers at City Hall. Second by Edwards. Ayes Five. Nays None. Motion carried. MOTION by Wippermann to approve the Consent Agenda with the addition of4.o. Vehicle Retention Resolution and changes to agreements for 4.j. Leprechaun Days Service Agreement and 4.m Community Center Rifle Range Policy. Second by Carroll. Ayes: Five. Nays: None. Motion carried. Administrative Intern Lotter reviewed the changes to a Zoning Text Amendment allowing the constntction of commercial use antenna towers in the AG Agriculture and 1G General Industrial Districts Lotter introduced Glen Wolff of PCS, a property acquisition agent hired by American Portable Telecom (APT) to acquire tower property for a new personal communication service. Property obtained would be leased from the land owner and APT would pay any additional property taxes incurred because of the tower constniction. Councilntembers and the Mayor asked many technical questions clarifying the need for towers approximately two miles apart. Existing structures such as water towers can also be utilized. Because this is a new concept that is rapidly gaining acceptance. rules and fees have not been established City Attorney LeFevere cautioned Council to move slowly especially with franchise fees. Roseville has a court case pending with U S. West over a franchise fee regulation City Administrator Burt noted that this service is not an exclusive market like cable so franchise fees cannot apply at this point. Some facts that were established during the discussion were: towers are usually 130 feet to 200 feet high; the signals are tear drop shaped and reach about two miles; there is no negative 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 1996 environmental impact: the style of the tower would be a lattice tower; Koch Refining is not an acceptable site because it is not easily assessable; the Connemara Water Tower is an acceptable site, signals must have a clear `line of sight" to transmit; and signals cannot be intercepted to listen in on private conversations. Council consensus was that substantial portions of the Zoning Text Amendment had been changed and that another Public Hearing at the Planning Commission would be in order to provide opportunity for comment by the public. City Attorney LeFevere noted that the City has die initial right to an extension of sixty days when ample reason exists. This would be scheduled for the August 1 3th Planning Commission meeting with recommendations coming back to City Council on August 20th. Wolff requested City Council to reconsider the tabling of the zoning amendment because of the time delay and the desire of his clients to have their communication service working by late fall. Council consensus was to wait for a public hearing and send a sixty day extension letter. MOTION by Busho to table the Zoning Text Amendment regulating Commercial Use Antenna Towers until a public hearing can be heard at the Planning Commission and direct staff to send a sixty day extension letter to the TEA Group. representing .APT (American Portable Telecom) Second by Edwards. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried Community Development Director Rogness presented the preliminary plat for Biscayne Pointe being developed by Render, Prins and Putnam. This area is north of 1 45th Street West on the east side of Biscayne Avenue, north of the railroad tracks. There were no variances required. Because this area is not in the Metropolitan Urban Service Area (MTJSA) a Comprehensive Guide Plan Amendment twill be required to accelerate the expansion of the MUSA for sewer service to this development. MOTION by Wippermann to indefinitely table action regarding the preliminary plat and rezoning for the Biscayne Pointe residential proposal pending the implementation of a Comprehensive Guide Plan .Amendment to include the property in the MUSA as approved by the Metropolitan Council and completion of the preliminary plat requirements. Second by Carroll. Councilmember Edwards pointed out that the intention is not to "indefinitel" table and requested to strike it from the motion. Wippermann agreed to a friendly amendment to the motion. The motion was amended as follows: MOTION by Wippermann to table action regarding the preliminary plat and rezoning for the Biscayne Pointe residential proposal pending the implementation of a Comprehensive Guide Plan .Amendment to include the property in the MUSA as approved by the Metropolitan Council and completion of the preliminary plat requirements. Second by Carroll. .Ayes .Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 1996 MOTION by Anderson to direct staff to get a sixty day extension for the preliminary plat and rezoning request for Biscayne Pointe. Second by Carroll. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None Motion carried. Community Development Director Rogness reviewed Shannon Pond East Final Plat and Rezoning. The 1st Phase of the 38 acre site will have 40 single family residential detached lots. The developer is Jim Allen of Hampton Development. The Planning Commission recommended that Outlot A, a ponding area, he absorbed by the adjacent lots resulting in larger building pads and eliminating several variances. Staff and City Council agreed. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR SHANNON POND EAST ADDITION. Second by Busho. Ayes: Busho, Carroll, Edwards, .Anderson, Wippermann. Nays: None. Motion carried. MOTION by Wippermann to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE rezoning Shannon Pond East Addition from AG- Agriculture to R -I, Single Family Detached Residential. Second by Edwards Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried Public Work Director /City Engineer Osmundson introduced a Public Improvement Policy in which the City would require all developers to utilize the City Staff and its designated consultants to provide the engineering design and construction engineering of all newly installed public streets and utilities This will provide a higher quality control and prevent "six up" problems later on. It will also insure consistency with the existing utility systems and its comprehensive plans for storm sewer, sanitary sewer, water distribution and transportation systems. Council discussed options. Jim Allen, Hampton Development, noted that assuredly the developer does not like to give up any control, but the cost and liquidated damages will be the same for any contractor. City Administrator Burt said that better quality now will reduce repairs in the future which will be a long term savings. Edwards noted, "why not build it right the first time?" MOTION by Wippermann to adopt A RESOLUTION ADOPTING AN IMPROVEMENT POLICY FOR PUBLIC: INFRASTRUCTURE INSTALLATION. Second by Edwards. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll Nays: None. Motion carried. Mayor Busho reminded Council and audience of the .AMM Legislative Policy meeting on July 18; the Rosemount Fire Department will be at the Apple Valley 4th of July Parade; and remember to plan for events for our annual Leprechaun Days celebration July 21 28, 1996. Mayor Busho adjourned the meeting at 9:53 p.m. Sus M. Wal' Administrative Assistant /City Clerk The City Council Agenda Packet is Clerk's File 1996 -22. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 1996 Respectfully submitted, Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 16, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 16, 1996, at 7:35 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Carroll, Wippermann, Anderson, and Edwards present. Also, present were City Attorney LeFevere, City Administrator Burt, Administrative Intern Lotter, Public Works Director /City Engineer Osmundson, Finance Director May, and Administrative Assistant Walsh. Administrative Intern Lotter led the group in the Pledge of Allegiance. The Consent Agenda was changed by pulling Items 4.e Approve Sale of Old Aerial Fire Truck for discussion under Old Business and adding Item 4.j Accept Resignations from Employees Finance Director May introduced the City's Auditors Al Heinen and Dave Collins from the firm Boeckermann, Heinen. and Mayer, Certified Public Accountants. The audit report will he submitted for a Certificate of Achievement from the Government Finance Officers Association. This Certificate is for excellence in an audit report which reflects the City's financial statements. MOTION by Edwards to adopt A RESOLUTION ACCEPTING THE 1995 AUDITED FINANCIAL STATEMENTS. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. MOTION by Wippermann to approve the Consent Agenda with the addition of 4.j. Accept Resignations of Employees and removal for discussion of 4.e. Approve Sale of Old Aerial Fire Truck Second by Anderson. Ayes: Five. Nays: None. Motion carried. Public Works Director Osmundson reported on the American Portable Telecom (APT) Tower Lease Agreement, The Utilities Commission recommends approval of APT leasing space on the Connemara water tower with all costs needed for installation paid for by APT. Discussion ensued on the dedication of this revenue to utility improvements MOTION by Wippermann to approve the APT lease for the rental of space on the Connemara Water Tower and authorize necessary signatures. Second by Edwards Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Administrative Assistant Walsh noted that the highest bid had been withdrawn for the sale of the old aerial fire tntck Staff recommended rejecting all bids and negotiating a sale with whomever is interested or look into salvaging the fire truck. MOTION by Wippermann to reject all bids for the 60 foot aerial fire truck and direct staff to negotiate its sale Second by Carroll. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Public Works Director Osmundson reviewed the research conducted for the intersection of Shannon Parkway and Connemara Trail A request was received from the Country Hills Homeowners Association on June 1 1, 1996 to install four -way stop signs there. Traffic counts 1 1 1 and observations were made and the investigating of accidents at this intersection. Staff does recommend the four -way stop signs to improve the safety of both pedestrians and motorists at Shannon Parkway and Connemara Trail. Council agreed MOTION by Wippermann to adopt A RESOLUTION ESTABLISHING STOP SIGNS ON CONNEMARA TRAIL AT SHANNON PARKWAY. Second by Edwards. Ayes Wippermann, Busho, Carroll, Edwards, Anderson Nays. None Motion carried. City Administrator Burt reported on the challenge by U.S. West in a city's ability to manage their right -of -ways. The importance of this issue is a top priority for the League of Minnesota Cities and the League Board has asked all member cities to participate in helping defend our ability to manage the right -of -way land. Staff recommends participation. MOTION by Anderson to approve a payment to the League of Minnesota Cities for $796 to support the defense of cities to manage the right -of -ways. Second by Edwards. Ayes. Five. Nays: None. Motion carried City Administrator Burt announced that the police program "PREP" has been canceled, but that the recruitment of a new police officer will continue with the idea of diversity as a priority. Burt estimated thirty to ninety days before candidates will be chosen. Administrative Intent Lotter has received a position in the city of Sherburn. Minnesota as the administrator. Council and staff congratulated him Also, Deb W'idstrom, Port Authority Personnel secretary and Julie Kaufman -Boom, Public Works part-time secretary have found employment elsewhere. They will be missed by all. Council was invited to participate in the Leprechaun Days Parade, July 27th. A reminder was made to council of the upcoming Budget Workshop, Tuesday, July 30th. Mayor Busho called the meeting to a close. The meeting adjourned at 8:21 p.m. _eLey SusardM. Walsh,.t(dministrative Assistant /City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING: JULY 16, 1996 Respectfully submitted, The City Council Agenda Packet is Clerk's File 1996 -23 Linda Jentink, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 30, 1996 Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, July 30, 1996, at 6:00 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order. The purpose of the meeting was to discuss the proposed 1997 operating budget. Councilmembers present were Anderson, Wippermann, Carroll and Edwards. Staff members present were Administrator Tom Burt, Administrative Assistant Susan Walsh, Public Works Director Bud Osmundson, Finance Director Jeff May, Parks Recreation/Community Center Director Jim Topitzhofer, Fire Chief Scott Aker and Police Chief Lyle Knutsen. City Administrator Burt reviewed a draft of the 1997 operating budget and discussed the impact of the proposed budget and CIP budget on residents' property taxes. Part of this discussion was whether the city should levy the $343,371 for transit services that was earlier approved by the city council or whether this amount should revert back to the Metropolitan Council to levy for the city's portion for transit services. After much discussion the city council reach a consensus that the Metropolitan Council should be responsible for this levy, and the city council directed staff to advised the Metropolitan Council and the Department of Revenue of this decision. The city council agreed to have further discussion on the 1997 budget at a meeting in August 1996. By unanimous consent the meeting was adjourned at 7:50 p.m. Respectfully submitted, City Clerk's File 1996 -24 Susan M. Walsh, City Clerk Administrative Assistant Walsh led the group in the Pledge of .Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 6, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 6, 1996, at 7:40 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. Also, present were City Attorney LeFevere, City .Administrator Burt, Administrative Assistant Walsh. Community Development Director Rogness, Senior Planter Mack, Parks and Recreation/ Community Center Director Topitzhofer, and Civil Engineer Doug Litterer. The agenda was changed by removing Old Business: Item 5.a. Bid Award for Erickson Community Square which should be back on agenda in two weeks. Senior Planner Mack made a presentation on the Municipal Urban Service Area (MUSA) Expansion On July 25, 1996 staff met with Carl Schenk who is the Metropolitan Council's Sector Representative for Sector 3, including Rosemount. Staff was directed to gather data necessary to support the analysis of MUSA expansion. This would require identifying vacant parcels, current sewer service, and prioritizing development needs. The Empire Wastewater Treatment Plant is nearing its current design capacity. Metropolitan Council has plans to expand it, but are about two years away from a completion date. Costs and possible assessments for future improvements have to be examined also. The gathering of all this information is a very large task and will take some time. Growth forecasts from Metropolitan Council extend out to the year 2020 and do not connect with MUSA boundaries. Councilmember Carroll questioned the effect that the growth options would have one the proposal. Busho encouraged staff to keep in mind the need for industrial development in eastern Rosemount. Councilmentber Edwards requested clarification on Consent Agenda Item 4.e. Expenditure Approval from Donation Account Police Department. City Administrator Burt explained that the funds were used to repair and improve a four- wheeler all terrain vehicle for police use. Edwards noted that it would advantageous to have a policy for seized items that might suggest if additional costs will be required upon retention and use. MOTION by Edwards to approve the Consent Agenda. Second by Wippennann. Ayes: Five. Nays: None. Motion carried. Senior Planner Mack presented the SKB Environment Host Community Agreement. This property is located on the northern boundary of Rosemount with the majority of the landfill area in Inver Grove Heights. As part of the Interim Use Permit (IUP) the owner and the operator have negotiated a direct payment to the City in lieu of a landfill abatement fee as provided for under State Statute. The length of the IUP will be ten years with two payments of $50,000 due in 1996 and the second in 1997. The City Attorney has reviewed both the host community and IUP agreements and recommends approval with minor verbiage changes. MOTION by Carroll to adopt a RESOLUTION APPROVING A HOST COMMUNITY AGREEMENT BETWEEN SKB ENVIRONMENTAL, INC. and PAB ENTERPRISES 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 6, 1996 OF MINNESOTA, INC. AND THE CITY OF ROSEMOUNT subject to final review and incorporation of all changes by the City Attorney. Second by Edwards. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None Motion carried. At the June 18, 1996 City Council meeting, the City Council approved a request from SKB Environmental and PAB Enterprises for a zoning ordinance text amendment to allow a construction and demolition waste facility in a WM (Waste Management District) by a Interim Use Permit. Council at that time tabled action on the zoning amendment from IG General Industrial to WM Waste Management until the IUP request and Host Community Agreement could be presented. Council was now requested to act on both the rezoning and the IUP. MOTION by Carroll to approve an ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE, SKB ENVIRONMENTAL REZONING PETITION. Second by Anderson. Ayes Anderson. Wippermann, Busho, Carroll. Edwards. Nays: None. Motion carried. MOTION by Edwards to adopt a RESOLUTION APPROVING AN INTERIM USE PERMIT AND AGREEMENT FOR SKB ENVIRONMENTAL, INC. AND PAB ENTERPRISES OF MINNESOTA, INC. Second by Carroll. Ayes. Wippermann. Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Rick O'Gara, President of SKB Environmental, thanked staff and remarked how organized and easy it was working with them. Announcements included: National Clown Week. August 1 7; the Dakota County Fair is held in Farmington August 5 -12; Marcus Cable invited City Council to a meeting August 7th; and a reminder for the next regular meeting, August 20th. Mayor Busho called the meeting to a close. The meeting was adjourned at 8:40 p.m. Susdn \1. Wat"sh, City Clerk The City Council Agenda Packet is Clerk's File 1996 -25. Respectfully submitted, Linda Jentink. Recording Secretary Councilmember Wippermann led the group in the Pledge of Allegiance. There were no changes to the agenda. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 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 Carroll, Edwards, Wippermann and Anderson present. ,Aso, present were City Attorney LeFevere, City Administrator Burt, Community Development Director Rogness. Parks and Recreation/ Community Center Director Topitzhofer, Finance Director May, and Public Works Director/City Engineer Osmundson. MOTION by Wippermann to approve the Consent Agenda. Second by Edwards. Ayes' Five. Nays: None. Motion carried. City Administrator Burt presented Draft 3 of the 1997 Budget. A decrease in revenue was projected by Building Official Heiinkes for 1997 due to the number of buildable lots decreasing. City taxes will decrease 7.5% overall and the overall operating budget will increase only 1.5 Market rate growth is 8%, so taxes theoretically remain the same. Options were presented to City Council to add $100,000 (decrease city tax 4.7 or 5150,000 (decrease city tax 3.4 to the levy strictly for saving toward large future city projects, such as a future water tower and added or improved streets and utilities. Finance Director May noted that the City budget is in good shape. May said the Truth and Taxation notices from Dakota County will be issued early November with the estimated taxes to residents. Residents can come to a public hearing on the budget in early December if they desire. City Administrator Burt requested City Council to select public hearing dates for the 1997 Budget Review according to the available dates provided by Dakota County. Council directed staff to set up the meetings on December 11, a Wednesday with a possible continued public hearing on December 18th. The budget could then be approved at the December 17th regular meeting or a special meeting would be called before December 20th if needed. Council fitrther directed staff to proceed with Option #2 with the knowledge that it can be lowered if necessary. Parks and Recreation/Community Center Director Topitzhofer reviewed the results of the bid opening for the Erickson Community Square Shelter. The lowest bid was $30,000 higher than the construction budget due to the soil test results. The soil there is till material which is biodegradable and not suitable to support a slab type structure. The contractors recommended hauling out over 1000 dump truck loads. The Parks and Recreation Committee recommends rejecting the bids at this time, reducing the building size, windows size, restrooms size and make further changes to the heating system and brick application. Mayor Busho complimented Topitzhofer on the process used which involved the Parks and Recreation Committee and other community groups. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20, 1996 MOTION by Anderson to reject all bids on the Erickson Community Square Shelter and instruct the architect to redesign the shelter with possible options to the current budgeted amount. Second by Carroll. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Public Works Director /City Engineer Osmundson presented a draft of the Tower Antenna Application Policy. Council directed staff to broaden the policy to apply to "any" city owned property, not just towers. Revisions will be made and brought back to council. Community Development Director Rogness explained the CleanSoils, Inc. Planned Unit Development (PUD). Jack Poucher, President of CleanSoils, Inc. was present. This business "bakes" contaminated soil to remove petroleum products. It would be located on Continental Nitrogen Resources (CNR) property next to Koch Refining. There are restrictive permits required from Dakota County and Minnesota Pollution Control Agency (MPCA) which will provide many safeguards. The City's initial approval of the project is required for these permitting agencies to continue their investigation. The final PUD would be returned to City Council for approval before CleanSoils, Inc. would be allowed to construct its operation. City Attorney LeFevere advised there is no authorization for tipping fees on this kind of operation. Poucher indicated his company would he a good neighbor MOTION by Carroll to approve the CleanSoils, Inc. Continental Nitrogen Resources (CNR) Mutiple General Industrial Use Planned Unit Development subject to provision of documentation of required MPCA and County permits specifically for the CNR site. 2) approval of a grading permit as required by the Public Works Department. 3) Provision of a liner for the stockpile area including the internal side of the berm to contain run off from a 24 hour 100 year rainfall event in addition to the sedimentation basins indicated on the plan. 4) provision of a security in a form acceptable to the City Administrator for the purpose of site restoration to enable future General Industrial redevelopment. 5) conformance with all applicable requirements specified for Recycling Operations, Section 14.9 including such additional conditions as may be required to ensure compliance with Ordinance B, the Zoning Ordinance. 6) execution of a PUD agreement with the operator, property owner and the City to secure the conditions of operations, securities and responsibilities of the parties to the agreement Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Community Development Director Rogness presented the Tree Preservation Ordinance which would require a Tree Preservation Plan from any developer prior to site grading and plan development. Individual home owners would not have to comply with these stipulations. The Planting Commission recommends its approval. City Attorney LeFevere would like to make some language changes. Staff recommended further refining of the ordinance. Council agreed. Mayor Busho announced that the ground breaking for Cannon Equipment in the Rosemount Business Park was held on August 15, 1996. Building will start soon. Busho commended staff for its negotiations with Cannon Equipment. 1 1 Mayor Busho called the meeting to a close. The meeting was adjourned at 9:50 p.m. Susan M. WMh, City Clerk The City Council Agenda Packet is Clerk's File 1996 -26. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20, 1996 Respectfully submitted, Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 3, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 3, 1996, at 7:34 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, City Administrator Burt, Community Development Director Rogness, Senior Planner Mack, Assistant Planner Pearson. Parks and Recreation/ Community Center Director Topitzhofer, and Public Works Director /City Engineer Osmundson. City Administrator Burt led the group in the Pledge of Allegiance. Item 4.g. Tree Preservation Ordinance was pulled from the Consent Agenda for further changes. MOTION by Wippermann to approve the amended Consent Agenda. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Community Development Director Rogness presented a resolution to approve the co- location of a petroleum contaminated soil recycling plant 011 property in the General Industrial District. The Planning Commission conducted a public hearing on July 23, 1996 and recommends approval of Cleansoils Minnesota, Inc. locating on property at Continental Nitrogen and Resources (CNR). Council discussed the planned unit development. MOTION by Edwards to adopt A RESOLUTION TO APPROVE THE GENERAL INDUSTRIAL MULTIPLE USE PLANNED UNIT DEVELOPMENT FOR CLEANSOILS MINNESOTA, INC. Second by Carroll Ayes: Busho, Carroll, Edwards, .Anderson. Wippermann Nays: None. Motion carried Public Works Director /City Engineer Osmundson presented the Antenna Site Application Policy which had been revised in order to have it apply to any city property rather than just water towers. Council was pleased with the changes. MOTION by Anderson to adopt the Antenna Policy for Installation on city owned properties. Second by Wippermann. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Community Development Director Rogness reviewed the Dakota County Housing and Redevelopment Authority (HRA) Final Planned Unit Development plan and plat for the Senior Housing Development proposed for Cameo Avenue and Lower 147th Street. Kari Gill and Jay Nelson. Project Architects were present along with representatives from the Dakota County HRA to answer questions fiont Council and staff. Council thought highly of the design shown by the architectural rendering. The building will fit nicely into the neighborhood. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL PLANNED UNIT DEVELOPMENT PLAN AND PLAT FOR ROSEMOUNT SENIOR HOUSING. Second by Edwards. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll Nays: None Motion carried. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 3, 1996 Community Development Director Rogness reviewed the request by Jeff Nivala of Basic Builders for a revised preliminary plat, Planned Unit Development and the rezoning of the Hawkins Pond area to R -I, Single Family Detached Residential Discussion was held regarding the ponding area and Parks and Recreation Committee decision recommending not to have any trails around it. Public Works Director Osmundson said they will look into what can be done to aid the retention of water in the pond. John Hawkins, 4173 West 145th Street, commented that now children are seen by the pond two or three times a week and in the winter adults have used the area for snowmobiling. Hawkins noted that if he were a lot owner he would not want a public path around the pond. Council concurred that it would he best to keep the pond under private ownership and the owners will prevent other people from using the area. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL PLANNED KNIT DEVELOPMENT AND REVISED PRELIMINARY PLAT FOR HAWKINS POND. Second by Anderson. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. MOTION by Carroll to adopt AN ORDINANCE REZONING THE HAWKINS POND PROPERTY FROM AG AGRICULTURE TO R -1 SINGLE FAMILY RESIDENTIAL DETACHED. Second by Wippermann. Ayes: Wippermann. Busho. Carroll, Edwards, Anderson. Nays: None. Motion carried. City Administrator Burt recommended revising the organization charts for the Public Works Department and Community Development Department. This would entail eliminating two positions, one from each department. In the Public Works Department there are currently two supervisors for 15 fill time employees. It is recommended that one supervisor is sufficient. The Community Development Director is also a senior planner, so a separate senior planner position is not necessary. This will positively affect the 1997 Operating Budget. MOTION by Anderson to approve the reorganization of the Community Development Department and Public Works Department. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Authorized notice had been given to effected employees, Michael Widstrom and Andrew Mack, on August 29th, 1996 with a effective lay -off date of October 4th, 1996. City Administrator Burt noted that he had enjoyed working with these people and both will be mussed. MOTION by Edwards to approve the layoff of Andrew Mack and Mike Widstrom effective October 4, 1996 and to re- assign the duties of Public Works Supervisor Rick Cook. Second by Busho. Ayes: Carroll. Edwards, Anderson, Wippermann, Busho Nays: None. Mayor Busho announced that the Planning Commission meeting start time was changed to 8:00 p m. because of the State Primary Election on September 10, 1996 1 1 1 Mayor Busho called the meeting to a close. The meeting was adjourned at 8:15 p.m. i�� Susan M. Wa City Clerk The City Council Agenda Packet is Clerk's File 1996 -27. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 3, 1996 Respectfully submitted, Linda Jentink, Recording Secretary Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 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 Wippermann, Anderson, Carroll and Edwards present. Also present were City Attorney Steve Bubui. City Administrator Burt, Community Development Director Rogness, Parks and Recreation/ Community Center Director Topitzhofer, Public Works Director /City Engineer Osmundson, and Civil Engineer Litterer. City Attorney Bubul led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 1996 The Consent Agenda had two items pulled for future consideration; Item 4.k. Receive Feasibility Report, Approve Project/Plans and Specifications, Order Ad for Bid for Hawkins Pond Addition, City Project 275 and Item 4. m. Receive Request /Order Speed Study on Shannon Parkway, South of County Road 42. Parks and Recreation Community Center Director Topitzhofer announced that Northern States Power Foundation has awarded Rosemount Partnership Program a $10,000 grant for the purchase of play structure equipment for the future site of the Family Resource Center. Representatives from Northern States Power were Melinda Marson, Manager of Corporate Contributions, and Patrick Kline, Community Service Manager. Ms. Marson presented the gift to Mary Ajax, Executive Director of Community Action Council and commended the wonderful grass roots program. The Rosemount Parks and Recreation Department has been working with the Rosemount Partnership Program in establishing a resource center to promote self sufficiency, school success, violence and crime prevention, youth resiliency, and personal responsibility. A temporary family center is now located in Kidder Townhomes, in the heart of Rosemount's high density and low income neighborhood. Mayor Busho thanked Parks and Recreation Community Center Director Topitzhofer for applying for the grant and supporting this positive program. The Mayor and Councilmembers proceeded into the audience to congratulate all parties and thank Northern States Power Foundation. City Administrator Burt explained the effort of southern suburbs to build a four -plex ice arena. This would have four sheets of ice primarily for practice time of youth hockey teams. Lakeville is interested but other communities have not yet committed to the idea. There is a new high school planned in ISD 196 which may change boundaries for athletic clubs and therefore down size the already existing Rosemount Area Hockey Association (RAHA). RAHA is reluctant to commit or back this proposal. Girls hockey has become very popular and additional ice time would be anticipated. Springsted is doing the financial research for the project. Mayor Busho noted that Rosemount would not like to see a loss of revenue at the Community Center Ice Arena. Staff will continue to follow the progress of this proposed ice arena. City Administrator Burt introduced Bill Morris of Decision Resources who conducted a city wide survey in 1988, which was the last survey taken for the City. Staff proposes that a new survey be conducted to provide useful information to guide future direction and a check and balance of how the City is doing. Morris recommended a telephone survey of 400 residents which would provide 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 1996 information with a 5% accuracy rate. There is no list of standard survey questions. Each city is unique and requires questions specific to the area. Council, staff and some residents would meet to "brain storm" to come up with effective questions concerning Rosemount Burt noted that over the next few weeks a work session will be scheduled and the survey would be taken after November 5 and before November 28. Funding for the survey was provided by U.S.P.C.I. Community Trust Fund MOTION by Wippermann to direct the City Administrator to enter into an agreement for services with Decision Resources Ltd., to conduct a resident survey Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Item 4.k and 4.m. were pulled from the Consent Agenda. Discussion on 4.m. noted that a speed study could actually cause the miles per -hour to be raised rather than lowered. Staff was asked to review. MOTION by Anderson to approve the Consent Agenda without Item 4.k. Receive Feasibility Report, Approve Project/Plans and Specifications, Order Ad for Bid for Hawkins Pond Addition, City Project 275 and Item 4. m. Receive Request /Order Speed Study on Shannon Parkway, South of County Road 42. Second by Wippennann Ayes: Five. Nays: None. Motion carried. Community Development Director Rogness reviewed the CMC Heartland Partners Concept Residential Planned Unit Development on 226 acres of land north of 145th Street and CSAH 42, east of Biscayne Avenue and south of the railroad tracks. The concept includes 634 dwelling units arranged in four distinct neighborhoods. The creative curval -linear arrangement of lots is intended to provide quiet friendly streets and slower traffic. Trails and open space would combine mainly on the outer boundaries connecting to a 17 acre park. There are many variances proposed; smaller lot size, narrower streets, and the right -of -way is reduced. Engineering staff has indicated concerns regarding these variances and the utility design. There are 70 acres in the Metropolitan Urban Service Area, and the remaining acres would need to be added. The Planning Commission recommends approving the concept with conditions. Council discussed several options. Paul Wrolstad, 14545 Biscayne Way, noted concern for children walking to downtown on 145th Street West, which he has done with his family. This is a dangerous walk because of a lot of truck traffic and having to walk on the side of the road. Rick Pagenkoph, 14620 Biscayne Way, believes there is a market for smaller low maintenance lots Constoff had concems for children near the railroad track which is a natural draw to kids. He also noted that a bike trail to town would be needed for safety. The developer noted that there is a steep grade around the railroad tracks that provide a natural barrier. For the most part the tracks can not be seen from the development. Parks and Recreation Director Topitzhofer noted that tunnels and bridges were considered, but in reality the children would still cross the railroad tracks where it is not safe Park and Recreation Committee agrees that a bike path would be appropriate off the road along 145th Street West. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 1996 The Council tonight is asked to approve, deny or make suggestions on this planned unit development. Council noted draw backs of restrictive parking, many variances, potential traffic problems. narrow streets, garages in front, changes to collector streets, and the gas pipeline easement issue Attorney Reid Hansen, representative for CMC Heartland requested Council not to deny the planned unit development, but to table it to allow design changes that would be closer to Council's liking. Staff indicated that an extension letter had been received from Mr. Hansen for public review by October 15, 1996. Councilmember Carroll encouraged the developer on his creative ideas which has a valid underlying philosophy with unique features. This is the first extensive discussion City Council has had on this development and he would like to see what changes the developer might offer. MOTION by Edwards to table action regarding the concept for CMC Heartland Partners `B Site" to enable the developer to revise the concept to eliminate or reduce the required conditions of approval. Second by Anderson. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Community Development Director Rogness reviewed the Concept Residential Planned Unit Development for Basic Builders for a nixed housing proposal including cottage homes, townhouses and twinhomes. The PUD is located on outlots B C, University Addition, between Biscayne Way and CSAH 42. The combined property consists of 36 acres and is just beyond the Metropolitan Urban Service Area. It has proposed to build 126 units at a density of 3.5 units per acre. Council concluded that this would be an appropriate use. Refinement to the development should include moving the street to match the CMC street across Biscayne Avenue, grading and utility changes, and further separation.buffernig from the homes on Biscayne Way. Rick Cook, 14655 Biscayne Way, representing Biscayne Way residents noted concerns of neighbors on the northern border of the property and an easement on that property line. Ena Cisewski, 14675 Biscayne Way, voiced concern for the large grove of trees and realignment of the street. Paul Wrolstad, 14545 Biscayne Way, asked about homes on slabs and ifa storm shelter might be required for protection. Staff noted that a shelter is not required. MOTION by Anderson to adopt A RESOLUTION APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT FOR BASIC BUILDERS, INC, UNIVERSITY ADDITION, residential uses on Outlots B and C. Second by Edwards. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Mayor Busho called the meeting to a close. The meeting was adjourned at 11:03 p.m. 3 S n M. s h, City Clerk The City Council Agenda Packet is Clerk's File 1996 -28. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 1996 Respectfully submitted, o Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 1, 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. Also, present were City Attorney LeFevere, City Administrator Burt, Community Development Director Rogness, Senior Planner Mack, Assistant Planner Pearson, Parks and Recreation/ Community Center Director Topitzhofer, Public Works Director /City Engineer Osmundson and Police Chief Knutsen. Dakota County Attorney James C. Backstrom led the group in the Pledge of Allegiance. Mayor Busho introduced Jim Stark and Scott Grant from the Metropolitan Mosquito Control District Mr. Grant gave an overview of the activities to prevent mosquito larvae and adult mosquitoes from interrupting everyone's life style. There were only 2 -3 hatchings this year when usually there would be 6 9 hatchings. About 330 areas were treated in Rosemount including many of the parks and the city for Leprechaun Days. This agency also picks up many of the auto tires left in ditches, about 500 to 800 in Rosemount this year, so that breeding grounds are not encouraged. Mr. Stark distributes public information for the Metropolitan Mosquito Control District. Television, radio, and newspapers are used to get the message out on prevention and aid for mosquito borne diseases and annoyances. Mayor Busho thanked them for the good job they have done. Dakota County Attorney James C. Backstrom updated the City Council on prevention of crime and violence. Backstrom commended Rosemount for being a leader in this area by approaching his office last year to start a grass roots group to help reduce violence and crime. Beatrice Battalia from Dakota Alliance for Prevention, Sheila Klassen of Rosemount Partnership, and John Edwards, the Justice Department have been active participants to help prevent violence and gang activity. Item 4.1. Tree Preservation Ordinance was pulled from the Consent Agenda for further changes. MOTION by Wippermann to approve the amended Consent Agenda. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Mayor Busho opened the Public Assessment Hearing for the 1996 Bituminous Overlay and Appurtenant Work, City Project 274 The recording secretary noted that the affidavits of posted and published notice were on file. Public Works Director /City Engineer Osmundson reviewed City Project 274, the overlay and repair in the area bordered by 144th Street West, Chili Avenue, 143rd Street West and Cimarron Avenue. The Assessment Policy requires 35% of the total cost to be assessable to the benefitted area which is $213 per lot. The project cost was less than the original estimate. Patrick McDermott, 3496 Upper 143rd Street, asked if the lots just developed on 144th Street were required to pay the assessment. Staff noted that those lots were assessed the same amount. 1 No further comments were made from the audience. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 1996 MOTION by Carroll to close the Public Assessment Hearing for 1996 Bituminous Overlay and Appurtenant Work, City Project 274. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, 1996 BITUMINOUS OVERLAY AND APPURTENANT WORK IMPROVEMENTS, CITY PROJECT #274. Second by Anderson. Ayes: Wippermann. Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. City Administrator Burt updated the City Council on the Western Dakota Ice Arena and their request to have the City of Rosemount commit to 1/4 of a sheet of ice. This group has asked Council to take action tonight because of the deadline for the Mighty Ducks Fund application. RAHA, Rosemount Area Hockey Association, expressed concern over the cost of the contribution of S125,000 and their ability to raise that much. Mayor Busho also expressed concerns on the affect this four -plex ice arena might have on usage of ice time at the Rosemount Community Center Ice Arena. Staff can not recommend participation at this time. MOTION by Edwards to deny participation in the Western Dakota Ice Arena at this time. Second by Anderson. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Mayor Busho moved New Business agenda Item 7.a. Chippendale/42 Partnership Mixed Use Planned Unit Development to follow Item 7.c. Proposed Rezoning Twin Home Lots from R -1A to R -2 in the Edwin Rahn Addition. Assistant Planner Pearson presented a staff initiated rezoning of the duplexes along Chili Avenue, 148th Street West and Charleston Avenue. They were rendered non conforming in 1989 with the adoption of the updated zoning ordinance. Previously, two family residential uses were permitted in the R -1 District via a Planned Unit Development or platting appropriately sized lots. This request to rezone is precipitated by the tire damage of one of the duplexes and the property owner's inability to obtain a building permit to rebuild. On September 24, 1996 the Planning Commission conducted a Public Hearing where about 30 residents stated concerns which were related to code enforcement and housing maintenance issues. These residents were not in favor of' the rezoning Staff noted that the rezoning is a "use" issue rather than the enforcement of codes. The home owner did not want to build a single family resident but rebuild the duplex and continue to use it as a rental property. Attorney Michael Broback represented the home owner. City Attorney LeFevere noted that a variance is not allowed by state statutes due to the land use issue. A zoning amendment might be used to change the land uses. City Administrator Burt noted that if the City Council would deny the rezoning then the owner would have to remove or till the foundation and a vacant lot would result. Neil Jacobson, 3370 Upper 147th Street, noted concerns about renters and property owners that don't take care of their property. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 1996 Henry G. (Hank) Broback, owner of the duplex, noted that the other duplex units weren't going anywhere. It could be many years before this housing would be old enough to remove. He suggested that the City and landlords get together to do something about the up keep and appearance in the area. MOTION by Carroll to adopt an ordinance rezoning the two family residential Tots of Rahn's Seventh Addition from R -1A Single Family Residential to R -2 Single Family Attached Residential. Second by Edwards. Discussion ensued. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Council consensus was that a non conforming use status may discourage other owners from maintaining what they do have. Also reasoning that an empty lot in the middle of the twin homes would not tend to change the neighborhood. City Administrator Burt commented that the Housing Maintenance Code could put home owners into compliance with debris, garbage and parking issues. The Police Department will start to issue such violations and preform code enforcement. Staff can also review measures to tighten maintenance codes. Community Development Director Rogness summarized the process used for the Chippendale /42 Partnership Mixed Use Planned Unit Development, Final Development Plan, Preliminary Plat and MUSA Amendment. Since December 5, 1995 the concept plan has changed with more definite information available now. Attorney Peter Coyle of Larkin Law Firm noted the Market Study shows Rosemount can support this development and will generate growth in the core area. Although the Chippendale /42 Partners are willing to work with the City, they would note excess requests in Exhibit B Item 4. with street expenses and page 3 6.d. the expense of the watermain. Michael McNamara, a partner in Chippendale /42 Partnership reviewed his connections with family and the City of Rosemount and his land purchase in 1978. Rosemount National Bank purchased the northeast corner of the property in 1982. McNamara noted that this development has taken great effort, time and money. Councilmetnbers asked many questions of the developers which were clarified. Street alignment, landscape screening, lighting, and the building design of Walgreens were discussed. Ted Peterson, represented the Board of Directors for Wensmann Townhomes. Peterson discussed the benning and screening with regard to headlights disturbing homes across the street from Walgreens. Ron Bennett, Upper 149th Street West, wondered if the market study really supported the idea of another drug store in Rosemount? Bennett thought signage could distract from the quality of life and he felt more trees should be added on the north side of Walgreens. Steve Worner, 3864 Upper 149th Street West, agreed that more landscaping should go on the north side with an ash tree every 20 feet. Hours of business operation should be set now. There 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 1996 will be more traffic, but he felt a stop light on CSAH 42 and Claret Ave. would make more noise with starts and stops. Community Development Director Rogness reviewed the process of requesting Metropolitan Urban Service Area (MUSA) expansion from Metropolitan Council. MOTION by Anderson to approve the request to amend the City's Comprehensive Guide Plan and direct staff to prepare a MUSA expansion submission to the Metropolitan Council for the 30 acres adjacent to CSAH 42. Second by Carroll. Ayes: Edwards, Anderson, Busho, Carroll Nays: Wippermann. Motion carried. Councilmember Wippermann noted that he had concerns about the hours of operation, the screening on the north side and starting the development on the west side, and so he would not show support for the project MOTION by Anderson to adopt A RESOLUTION TO APPROVE THE MIXED USE PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT AND FIRST PHASE SITE PLAN FOR THE CHIPPENDALE /42 PARTNERSHIP as amended to include signal Tight expenses and street improvements on Claret Avenue and CSAH 42 which would be born by the developer when time warrants it. Second by Carroll. Ayes: Anderson, Busho, Carroll, Edwards. Nays: Wippermann. Motion carried. Senior Planner Mack explained the Environmental Assessment Worksheet required before the final plat MOTION by Anderson to direct staff to initiate the formal review process for the Environmental Assessment Worksheet. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Mayor Busho deferred the Mini Storage Zoning Ordinance Text Amendment to the next meeting because of the hour. Mr. Tony Vavoulis spoke briefly describing the storage industry and answered several questions. Senior Planner Mack had prepared a draft Zoning Ordinance Text Amendment which defines mini- storage, permits the use in appropriate zoning districts and creates applicable standards. Councilmember Wippermann expressed concerns about the Brockway Glass land to be used for this use due to its existing IG District. City Administrator Burt suggested a work session to discuss the long range zoning placements for mini- storage. Mayor Busho called the meeting to a close. The meeting was adjourned at 12:30 p.m. Susan Walsh, ity Clerk The City Council Agenda Packet is Clerk's File 1996 -29. 4 Respectfully submitted, 1 Linda Jentink, Recording Secretary Assistant Planner Pearson lead the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 15, 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, Wippermann, and Anderson present. Also, present were City Attorney Bubul, City Administrator Burt, Community Development Director Rogness, Assistant Planner Pearson, Parks and Recreation/ Community Center Director Topitzhofer, Public Works Director /City Engineer Osmundson, and Finance Director May. Changes were made to the agenda. Two items were pulled for separate polling from the Consent Agenda, Item 6.g. Appointment of Election Judges and Item 6.k. AAA Auto Salvage Administrative Plat. New Business added Item 11. a. 1. Receive Petition/Order Plans Spec's for Wensmann 10th Addition Utilities, City Project 277. Additional information was received for Item 6.k. AAA Auto Salvage Administrative Plat naming it Highstone Development and revisions to Item 11.c. Snowplow Policy, and SEH recommendations for Item 11.d. Receive Bids /Award Contract for Underground Storage Tank Replacement. Mayor Busho called attention to Item 5.b. Rahn Addition Petition which had been presented to City Council. Mayor Busho received the petition for the record. The petition stated, "We petition that you rethink your decision on the rezoning of the Rahn Addition. We are displeased with the Board's decision to zone this area as a multi- family housing area. We feel it should remain zoned as a single family housing area. Please honor the Planning Committee's recommendation not to rezone this area. We also feel that we were not properly notified of the Board's meeting that took place Tuesday, October 1, 1996. We should have been notified of the Board's intent to vote on this matter. We feel that we were not adequately represented." There were 79 signatures on the petition. Mayor Busho opened the floor to public comment. It was apparent that many people were in attendance for the Rahn Addition Petition. Those interested in commenting were asked to approach the podium one at a time and then state their name and address for the record. Monica Oehjen, 3427 Upper 147th Street, noted they had taken photographs of the area to show code violations and to show that homes in the area are not kept up. Oehjen stated that pride of ownership seems to help keep homes in better shape and that renters tend not to do as well. Oehjen and some neighbors did a survey and found that single homes were better kept than twin homes. Neil Jacobson, Upper 147th Street, was surprised that the Planning Commission decision didn't carry more weight with the City Council. Jacobson said to note the number of people in attendance, about 40, and Council should realize their decision was unfair. John Doeslven, 3275 148th Street, has lived in Rosemount for 22 years in a single family home. When he bought he asked city staff if all the homes in the area would be single family and he was 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1996 told yes. This has not turned out to be true. The twin homes have brought crime including drugs to his neighborhood. Marcia Nelson, 3295 148th Street, felt that the integrity of the zoning laws were in jeopardy. If this area can be rezoned what would stop any other area from changing? Nelson noted that multi- family housing needs to be accountable. Pat Jacobsen, Upper 147th Street, noted the illegal activity, general eye -soar, and graffiti are a detriment to property value and safety of the residents. Mr. Oehjen, 3427 Upper 149th Street, agreed with each complaint and felt Council should not rezone the Rahn Addition property. Diane Haze, Upper 149th Court, questioned the process and why the Planning Commission held the Public Hearing. Steve Frezel, 148th Street and Chili Avenue, felt the zoning should remain the same as R -1. He told Council to over look the few for the many. Attorney Mike Broback, representing Henry Broback, spoke in his behalf Attorney Broback noted that if non conforming uses were to continue the neighborhood would find more rundown homes and worse conditions. He reasoned that the new twin home will be all new material, in effect, a new building, therefore improving the neighborhood. Broback agreed that code conformance should be improved and suggested that the city and neighborhood work together. Jerry Goodrich, 148th Street, noted that there have been problems for decades with R -1 and multi family housing Mayor Busho closed the public comment. Busho noted that most of the complaints are still for housing code violations. This is, as it should be, a land use issue. Busho agreed that there have been growth pains with rental property, but that City Council after careful consideration determined that the rezoning from R -I A to R -2 would be appropriate. Councilmember Edwards asked Assistant Planner Pearson to review the history of the rezoning in the Rahn Addition which is near Chippendale and 147th Street Pearson noted that the property was zoned R -1 which before 1989 included twin homes In 1989 the Comprehensive Guide Plan was updated and changed. At that time R -2 was created to include twin/town homes, so the R -1 zoning no longer allowed for twin homes, so the twin homes there became non conforming uses. The approved rezoning would put the twin homes back in- conformance and allow Henry Broback to rebuild his twin home that was damaged by a tire. Councilmember Carroll complimented the quality of the discussion held this evening. Council agrees with the concerns of 1) violation of state law, ie. drugs, trespassing; 2) violations of building and maintenance codes; and 3) empowerment through continued talk with neighbors and 1 ROSEMOUNI' CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1996 working together. Carroll encouraged the residents to continue with positive steps and working with city staff. Councilmember Wippermann thanked the audience for their attendance it demonstrated their care for their community and the need for additional enforcement of maintenance codes. Councilmember Anderson maintained the decision of the City Council to rezone but encouraged staff to mandate code enforcement. City Administrator Burt noted that the Police Department will begin helping with code enforcement by issuing violation citations. This will mean that these code laws will be applied fairly and consistently through out the City of Rosemount. If you as a resident witness a code violation or breaking of a state or city law, the Police Department needs to be made aware of it at the time of the incident. Mayor Busho said that each resident can be a part of the solution. MOTION by Edwards to approve the amended Consent Agenda. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to approve the Appointment of Election Judges. Second by Wippermann. Ayes: Four. Nays: None. Present: Edwards. Motion carried. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE ADMINISTRATIVE FINAL PLAT FOR HIGHSTONE DEVELOPMENT conditionally for AAA Auto Salvage. Second by Edwards. Ayes: Wippermann. Busho, Carroll, Edwards. Nays: None. Abstain: Anderson. Motion carried. Mayor Busho opened the Public Hearing for John Remlcus Appeal of Variance Denial, 13040 Akron Avenue. The recording secretary noted that the affidavits of posted and published notice were on file. Assistant Planner Pearson reviewed the Remkus Appeal of Variance Denial of a 540 square foot shed constructed without a building permit which was beyond the allowed 2,400 square foot allowance for accessory structures. Planning Commission, staff, and City Council have considered this variance and confer that it does not create hardship for the owner and that conformance with the zoning conditions are necessary. John Rentkus, 13040 Akron Avenue, explained that the shed is for his daughter's and wife's horses. The shed has no foundation, no water, no electric, and is solely for shelter. Rendcus presented a petition signed by 52 neighbors in support of the shed. Koch Refining the largest property owner neighboring his property gave him a letter of support for the shed. Remkus noted that the shed does not detract from anyone else's property as it is behind his pole barn shop building Beth Bergacker, 13080 Akron Avenue, supported the Remkus variance. Bergacker noted that the shed was a three sided lean two and most of the surrounding land was owned by Koch 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1996 Refining which would not be bothered by this small building. Bergacker saw no reason not to grant the variance. Councilmember Carroll commented in favor of the variance. Carroll noted no malice was intended toward the Remkus family. Council understood that the building permit omission was an oversight by the contractor employed and on hind sight could have been avoided. Common sense applied here could allow this variance since it is not close to the roadway and no neighbor came forward to complain. Council consensus was that the zoning ordinance and building codes should be upheld. MOTION by Busho to close the public hearing for the John Remkus Appeal of Variance Denial, 13040 Akron Avenue. Second by Edwards. Ayes: Five. Nays: None. MOTION by Edwards to uphold the decision of the Board of Appeals and Adjustments regarding the variance requested by John Remkus for 13040 Akron Avenue. Second by Anderson. Ayes: Edwards, Anderson, Wippermann, Busho. Nays: Carroll. Motion carried. Mayor Busho opened the Public Hearing for the Birch Street Vacation, west of Cameo Avenue. The recording secretary noted that the affidavits of posted and published notice were on tile Community Development Director Rogness reviewed the history of Birch Street which is currently used as a partial alley behind the homes on 147th Street between Cameo Avenue and Canada Avenue. The portion of Birch Street ending at Cameo Avenue was vacated in the 1970's after the old Baptist Church was built. The portion requesting vacation now is adjacent to that portion and is now owned by the Dakota County Housing and Redevelopment Authority for the building of a senior housing project. This vacation will be required before construction can begin on that project. The description of the unused street is as follows: That part of Birch Street lying north of the center line thereof and east of the southerly extension of the west line of Lot 8, Block 2, and that part of said Birch Street lying south of the centerline thereof and east of the northerly extension of the west line of the east 8.00 feet of Lot 41, Block 3. and which lies west of a line drawn from the southwest corner of Lot 2, Block 2 to the northwest corner of Lot 1, Block 3, all in the plat of Rose Park Addition to the Village of Rosemount, according to the recorded plat thereof, Dakota County, Minnesota. MOTION by Wippermann to close the public hearing for the Birch Street Vacation. Second by Anderson. Ayes: Five. Nays: None. Motion carried. MOTION by Anderson to adopt A RESOLUTION TO VACATE THAT PART OF BIRCH STREET WITHIN LIRA PROPERTY. Second by Wippermann. Ayes: Edwards, Anderson, Wippennann, Busho, Carroll. Nays: None. Motion carried. Mayor Busho opened the Public Hearing for the Hanson Easement Vacation, Lot 5, Block 2 of Chelsea Woods Estates. The recording secretary noted that the affidavits of posted and published notice were on file. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1996 Public Works Director/City Engineer Osmundson presented the request for vacation of an easement along the north lot line of Lot 5 in Chelsea Woods which was reserved for a possible future pipe easement from the Outlot which was to be a future road extension. This location would no longer be feasible for a future storm water pipe. Therefore staff is recommending the City vacate this easement. MOTION by Wippermann to close the public hearing for the Hanson Easement Vacation. Second by Carroll. Ayes: Five. Nays: None. Motion carried MOTION by Wippermann to adopt A RESOLUTION TO VACATE A DRAINAGE AND UTILITY EASEMENT ON LOT 5, BLOCK 2, CHELSEA WOODS ESTATES. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Community Development Director Rogness presented the CMC Heartland Partners Concept Planned Unit Development with changes as directed by Council's comments at the September 17, 1996 meeting. Rogness rioted that because of the number of changes a motion to table action and have time to review the concept at a work session would be advisable. Council discussed lot size, number of multi family dwellings, street arrangement, and Metropolitan Urban Service Area (MUSA) expansion. City Administrator Burt noted that recently it has been brought to his attention that MUSA expansion requests may be difficult to obtain dependent on the area in the future guide plan of Metropolitan Council. Now our City Comprehensive Guide Plan allows for one unit per ten acres. The City cannot guarantee that sewer usage will be available and should not suppose it can promise that to developers. At this time, Burt recommends that staff no longer accept plans for high density development. Also Council should remember than when development occurs on the eastern side of Rosemount, a fire station will have to be planned. Burt recommended to deny the request and ask CMC to reapply after Metropolitan Council plan is presented on MUSA in November or December of 1996. Tosh Neminsky and John Uban gave a presentation for CMC Heartland pointing out advantages to the revised concept plan Councilmember Carroll noted the CMC changes made significant improvements consistent with what City Council was looking for. Carroll was concerned by the increased number of duplexes. Council consensus was to wait for the MUSA guide plan. City Attorney Bubul advised staff to record findings of fact on the denial in the minutes. The City had received a letter from CMC Heartland extending the time period of the request to November 19, 1996 in a letter dated October 15, 1996. MOTION by Edwards to direct staff to prepare findings of fact for denial of the Planned Unit Development and all plans of CMC Heartland Partners by November 19, 1996. Second by Anderson. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. 5 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1996 City Administrator Burt noted that a work session will be needed to discuss the overall city, not one project at a time in regard to the MUSA outcome. Planning Commission should also be invited. Assistant Planner Pearson reviewed the Wensmann Tenth Addition Preliminary Plat and Final Planned Unit Development. The conditions were discussed. The Planning Commission held a public hearing for Wensmann Tenth and recommends its approval. MOTION by Carroll to adopt A RESOLUTION APPROVING THE FINAL PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT FOR WENSMANN TENTH ADDITION and authorize the execution of a Planned Unit Development Agreement. Public Works Director /City Engineer Osmundson reviewed the request for public improvements from the Wensmann Tenth Addition. Wensmann will pay the costs up -front foregoing the use of the Chapter 420 procedures of feasibility report and public hearing. This is a smaller project which will be advertised for ten days and then bids opened on November 18. 1996 and awarded on November 19th. The project will likely be done in the spring of 1997. MOTION by Wippennann to adopt A RESOLUTION RECEIVING PETITION AND ORDERING PLANS AND SPECIFICATIONS FOR WENSMANN 10TH ADDITION UTILITY IMPROVEMENTS, CITY PROJECT 278. Second by Carroll. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Mayor Busho called for a ten minute break. The meeting resumed at 10:12 p.m. Assistant Planner Pearson updated Council on the Mini- Storage Zoning Ordinance Text Amendment. At this time mini- storage is not noted in any usage area in the City and staff would recommend placing it in BP -2, Business Park 2. Wintz Trucking, the old Brockway Glass Factory property, would not be considered appropriate for mini storage and rezoning would be recommended. The Planning Commission will hold a Public Hearing on October 22, 1996 on this. Council concurred. Finance Director May reported that the public will have a chance to comment on the City Budget on December 11, 1996 at 6:00 P.M. Council had left the option of placing $150,000 for future improvements in the 1998 Budget. This year three full time positions were eliminated balancing out the increase overall. The average homeowner will see a $33 increase in taxes next year. Council confirmed with staff to keep the $150,000 to plan for future expenditures. Public Works Director /City Engineer Osmundson reviewed City Project 277 to reconstruct and improve the street and utilities in the area of 144th Street from Canada Avenue to Cameo Avenue, plus Canada from 145th Street to 144th Street and a short segment of 144th Street west of Canada Avenue. A 6" inch watermain will be replaced with a 12" trunk water line which will complete a loop between Highway 3 and 145th Street. The project will entail total reconstruction of the street, sanitary sewer, storm sewer and watermain in most of the area. WSB Associates are the engineering consultants on the project. The work is scheduled for beginning in May, 1997. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1996 MOTION by Anderson to adopt A RESOLUTION ORDERING A FEASIBILITY REPORT FOR 1997 STREET AND UTILITY RECONSTRUCTION IMPROVEMENT PROJECT FOR CAMEO AVENUE, 143RD STREET, 144TH STREET AND CANADA AVENUE, CITY PROJECT 277. Second by Wippermann. Ayes: Anderson, Wippermann, Carroll, Edwards. Nays: None. Present: Busho. Motion carried. Public Works Director /City Engineer Osmundson presented the City Snowplow Policy. The writing and adopting of a policy to guide the City's snow and ice control program can protect the City, help employees and inform the public. The policy identifies which streets will be plowed first, which sidewalks are plowed and addresses many of our most asked questions each year. It follows a League of Minnesota model policy. Staff recommends adoption. MOTION by Edwards to adopt A RESOLUTION ESTABLISHING A WRITTEN SNOW REMOVAL POLICY. Second by Anderson. Ayes: Five. Nays: None. Motion carried. Public Works Director /City Engineer Osmundson presented the bid results for removal and replacement of the underground storage fuel tanks. The low bidder was Minnesota Petroleum Services at $65,630 with an Alternate A bid of $6,040. This project was bid in 1993 resulting in all bids being rejected because they were high. If any contaminated soils are found additional costs may be forthcoming. MOTION by Carroll to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR UNDERGROUND STORAGE TANK REPLACEMENTS. Second by Busho. Ayes: Five. Nays: None. Motion carried. City Administrator Burt suggested that further work sessions would be beneficial on several topics soon to be before City Council. Burt suggested "Committee Of the Whole" meetings on a regular basis. After a brief discussion, the Monday prior to the first regular city council meeting of each month was decided upon. The start time of the Committee Of the Whole (COW) would be 6:30 p.m. MOTION by Edwards to begin on November 4, 1996 with Committee Of the Whole meetings to be held the Monday prior to the first regular city council meeting of each month at 6:30 p.m. Second by Busho. Ayes: Five. Nays: None. Motion carried. MOTION by Busho to set a Special Council meeting for October 21, 1996 at 6:00 p.m. for the purpose of discussing the Citizen's Survey. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. Note was made of an upcoming meeting on November 19, 1996 for the Dakota Economic Development Partnership and St. Paul Port Authority. 7 1 1 1 Mayor Busho called the meeting to a close. The meeting was adjourned at 11:20 p.m. ,1, /412 Su;<an M. WaYsh, City Clerk The City Council Agenda Packet is Clerk's File 1996 -30. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1996 Respectfully submitted, Linda Jentink, Recording Secretary 1 1 1 Pursuant to due call and notice thereof a special meeting of the City Council was held on Monday, October 21, 1996, at 6:00 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Wippermann, Edwards and Carroll present. Councilmember Anderson was absent. Also in attendance were City Administrator Tom Burt and Administrative Assistant Susan Walsh. Council went through a draft of the citizens survey which will be conducted by Decisions Resources in November 1996. Several changes were recommended by the City Council. City staff will incorporate the changes, provide a draft to Decision Resources for the consultants' input and then give members of the City Council a final copy before the telephone survey is conducted. By unanimous consent the meeting was adjourned at 8:15 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 1996 -31 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 21, 1996 san M. als SG h, Administrative Assistant 1 1 Mayor Busho called the meeting to order with Councihnembers .Anderson, Carroll. Edwards. Wippennarm present. Also present were City Administrator Burt and Public Works Director /City Engineer Osmundson. A. Holiday Lights Staff requested that the practice of installing holiday lights on the large trees at City Hall be discontinued. The consensus of the City Council was to only decorate the small trees on city hall property. B. MIRTS Staff updated the City Council on the progress of the proposed MIRTS facility and indicated staff would continue discussions with the Minnesota Department of Transportation, Metropolitan Council and Dakota County. C. Assessment Policy ROSEMOUNT CITY' PROCEEDINGS COMMITTEE OF THE WHOLE NOVEMBER a, 1996 Staff presented the existing policy and explained that the existing practice does not follow the policy on reconstruction projects. Council requested staff to prepare a proposed assessment policy that would follow the existing practice for reconstructed roads. The existing policy is, residential properties in a reconstruction area would be assessed 52.000. The consensus of the Council was to change the policy to the current process used which takes into account the street classification and front footage. Also, streets that do not have concrete curb and gutters will be assessed 50% of the added cost. The policy for all other property classifications will he to conduct an individual appraisal for the affected property and apply the appraised benefit to the property. New sidewalks in an existing neighborhood would also be assessed 50% of the cost of construction Staff will prepare an official sidewalk and trail map where this policy will apply. If the city receives a petition for a sidewalk in an area not on the official map they will be assessed 100% of the cost. The policy will also address current practice of street overlays. The existing policy is to assess 35% of the cost of the project. Respectfully submitted, Thomas D Burt City Administrator Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. November 5, 1996, at 8:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council members Anderson, Carroll, Edwards, and Wippermann present Also, present were City Attorney LaFevere, City Administrator Burt, Community Development Director Rogness, and Public Works Director/City Engineer Osmundson. The Webelo Cub Scouts Pack 293, from Diamond Path School, lead the group in a Flag Ceremony and the Pledge of Allegiance. Changes were made to the agenda. Consent Item 6(m) was added Premise Permit Application for Rosemount Jaycees. Consent Item 6(n) was added Bills Listings, computer printout of bills were included in the council packet but was not listed on the agenda Amended information was presented for Item 8(a) Allyn Cope PUD Agreement and Item 8(c) Commercial Antennas and Towers. There were no new public comments. There were no responses to previous public comments. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5, 1996 MOTION by Edwards to approve the amended Consent Agenda. Second by Anderson. Ayes: Five. Nays: None. Motion carried. MOTION by Wippermann to adopt a resolution for denial of the concept planned unit development requested by CMC Heartland Partners I based upon findings of fact. Second by Edwards Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None Motion carried. MOTION by Anderson to approve an ordinance amending Ordinance B City of Rosemount Zoning Ordinance providing for changes to the definitions, permitted Uses and Development Regulations for self- storage facilities (Mini Storage). Second by Carroll. .Ayes. Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. MOTION by Carroll to table any action on the proposed rezoning for Wintz Trucking/Brockway Golf Course until a legal description of the property is prepared for an ordinance. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Community Development Director Rogness reviewed the proposal for the rezoning of Lots 1 -4 Block 1: Lots 1 -5 Block 2 and Outlot B of the Broback Industrial Park. The request is to rezone the Lots 1 -4, Block 1 and Lots 1 -5, Block 2 from IP Industrial Park to R -I, Single Family_ Detached Residential and to rezone Outlot B to P. Public The rezoning excludes Lot 5, Block 1 which is the location of Rosemount Woods, a cabinet making shop currently zoned IP ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5, 1996 Councilmember Wippermann noted concerns with Lot 5, Block 1 retaining the zoning status of IP. Rogness explained that the rezoning application and legal notice did not include Lot 5. Council understood that the design of this subdivision included a service road with no individual accesses currently allowed on Diamond Path. MOTION by Carroll to adopt an ordinance rezoning Lots 1 -4, Block 1 and Lots 1 -5, Block 2 Broback industrial Parks to R -1, Single Family Detached Residential. and Outlot B to P, Public and Institutional Second by Edwards. Ayes: Carroll. Edwards. Anderson, Wippermann. Busho. Nays: None. Motion carried. Director Rogness presented the concept plan submitted by Heritage Development for the development of mixed residential uses on 39 acres of land at the northwest corner of Chippendale Avenue and 160th Street West. The plan includes 56 twin homes and 47 single family detached dwellings. The concept plan shows a realignment of the Chippendale /160th Street West intersection, which creates a remnant on the southeast corner of the parcel E. B. 1sAcMenomy, 15872 Chippendale Ave, stated that if a purchase agreement cannot be reached between himself and the developer for the remnant parcel, the he would not be in favor of this concept plan This plan would create a problem for access and road frontage available for his property Mr. Tom Bisch representing Heritage Development presented his concept of enhancements to the proposed development. They included trees on the boulevard every 40 feet. an entry monument berming, standardized mailboxes. and lamps and upgraded street lighting. These enhancements were necessary in order to gain the proposed density above the allowed 2.5 unit's per acre. Discussion ensued amongst the council members. It was council's opinion that the remnant created in the concept plan be designated as an outlot rather than identify it as appropriate for Business Park (BP). The council congratulated the developer for a excellent proposed development, including the enhancements to the property. MOTION by Wippermanm to adopt a resolution conditionally approving the Geronomie Pond concept planned unit development for residential use proposed by Heritage Development as amended to delete reference to BP for the remnant parcel Second by Edwards. Ayes Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Community Development Director Rogness informed the council that he had been contacted by Mr. Arlyn Cope regarding a change in the provision in the Subdivision and HID Agreement for the Cope Addition Mr. Cope was present in the audience to request that his agreement with the City be amended to allow him to expand Automobile service and repair uses to 49 percent of the total building square footage The council members expressed concerns over the initial reasons for the restrictions 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5, 1996 placed on the utilization of space. It was the consensus of the council that inadequate information was available. MOTION by Edwards to table action on the Arlyn Cope Planned Unit Development Amendment Second by Busho Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. The agenda was amended at this time to accommodate Mr. Steve Wallack representing SBA. Director Rogness presented a review of the proposed ordinance for commercial antennas and towers. Council continued discussion regarding tower heights and tower placements on property. Concerns were expressed as to who would certify structural plans of a commercial tower. MOTION by Carroll to adopt an ordinance that permits commercial antennas and towers in the General Industrial District with standards and with modification of paragraph 1(e) to read The structural plans of a Commercial Use .Antenna Tower shall be signed by a Structural Engineer registered in the State of Minnesota. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays None. Motion carried. Community Development Director Rogness presented Continental Nitrogen Resources Corp's request for approval of a planned unit development to construct a 22,450 square foot building on their property that will be leased to Barrel Reconditioning Industries Inc The temporary loading facility on the north side of the building was the main concern by the Planting Commission. Mayor Busho requested that adequate landscaping, berming and screening of the site be incorporated into their PUD agreement. MOTION by Anderson to adopt a resolution approving the multiple use PUD for Continental Nitrogen and Resources Inc. subject to conditions as amended to include screening on the north side Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Public Works Director Osnutndson reviewed with the Council the proposed changes to the water ordinance. The changes requested establish a permanent odd /even sprinkling system: a program whereby all new houses are connected with a phone read water billing system and a program to ensure that all fire hydrants are maintained properly. Council members raised questions regarding the validity of a phone read billing system. Staff was directed to survey other cities to do a comparison of programs and to bring item hack to next meeting for further discussion. 1 1 Mayor Busho called the meeting to a close. The meeting was adjourned at 11:08 p.m. irtil Susan M. WalsFV, City Clerk The City Council Agenda Packet is Clerk's File 1996 -33. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5, 1996 Respectfully submitted, -62 Maryann Stot2el, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 19, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 19, 1996, at 7:33 p rn. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmemberss Wippermann, Carroll, Edwards, and Anderson present. Also, present were City Attorney LeFevere, City Administrator Burt, Community Development Director Rogness, Public Works Director /City Engineer Osmundson, Water Resources Coordinator Brown, and Police Lieutenant Kuhns. Girl Scouts Troop 1858, Parkview Elementary School, lead the group in a Flag Ceremony, the Pledge of Allegiance, and the Girl Scout Promise Leader Debbie Olson and Co- Leader Jean Egelston were also in attendance. The Consent Agenda was amended by adding Item 6.1. Summary for Ordinance B -72 and additional information was submitted for Item 6. g. Receive Bids/Award Contract, Wensmann 10th Addition Utility Improvements, City Project 278. There were no new public continents and no responses to previous public comments. Todd Christopherson, AMCON Construction Manager for the new tire station reported the progress on the construction of the fire station building and parking lot. Christopherson noted how helpful Fire Chief Aker, Building Official Heintkes and Public Works Director/City Engineer Osmundson have been throughout the process and he thanked all staff. The Fire Department should be able to move into the fire station in mid- December. There have been several change orders, some are added items but they have remained within the contingency fiord amount and the project remains within the allotted budget. MOTION by Anderson to approve the Change Orders as presented by .AMCON for the Shannon/Dodd Fire Station. Second by Edwards Ayes: Busho, Carroll, Edwards, Anderson, Wipperntann. Nays: None. Motion carried. Public Works Director /City Engineer Osmundson and Water Resource Coordinator Brown reported that Rosemount has been awarded a grant of 515,000 from the Minnesota Board of Water and Soil Resources. This grant is to assist us in developing a wetland inventory, wetland plan and implementing a city ordinance. Brown had made the application for the grant in 1995. The money will be used to purchase about 54,000 worth of equipment and the remainder for labor Brown also displayed the new logo for the drain stenciling program which is a loon on a lake indicating that the water drains to lake water resources. Osmundson noted that the state legislature passed the Wetland Act of 1991 which requires cities to comply with the grant's objectives. MOTION by Edwards to adopt A RESOLUTION AUTHORIZING SIGNATURE OF BOARD OF WATER AND SOIL RESOURCES 1997 WETLAND PLANNING CHALLENGE GRANT DOCUMENTS. Second by Wipperntann. Ayes Carroll Edwards, Anderson, Wipperntann. Busho. Nays. None. Motion carried. 1 1 1 ROSEMOUNT CITY' PROCEEDINGS REGULAR MEETING NOVEMBER 19, 1996 MOTION by Wippermann to approve the amended Consent Agenda with the addition of Item 6.1. Summary for Ordinance B -72 and additional information for Item 6.g. Receive Bids /Award Contract, Wensmann 10th Addition Utility Improvements, City Project 278. Second by Anderson. Ayes: Five. Nays: None. Motion carried. Public Works Director /City Engineer Osmundson presented the Water Ordinance for its second reading. This ordinance will regulate the water and sewer systems in the City of Rosemount allowing for meter interface units and remote reading devices. Also being enacted is an odd/even sprinkling system which will conserve our potable water supply. MOTION by Busho to adopt revisions to the Water and Sewer Systems Ordinance, replacing Section 4 -IA -I through Section 4 -1A -7 and Section 4 -IB -1 through Section 4 -1B -8 and adding wording to implement the ordinance after publication Second by Edwards Ayes: :Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Community Development Director Rogness reviewed the Arlyn Cope Planned Unit Development (PUD) Amendment. This would allow a maximum of 49% of the building use for automobile service /repair. This was increased from the current Repairs, Inc use of approximately 20P :b Cope noted that the repair service would remain in the back half of the building with garage doors in the rear. Mi. Gene Peterson noted that many improvements have been made to the building and that negotiations are in progress for an auto parts store and a dry cleaning service Council consensus was to have the improvements outlined in the agreement, including signage and landscaping, completed six months after the agreement is signed. The Second Phase would include the rear of the building and provisions for storm water drainage to the northeast Council approved the original PUD on November 21, 1995; however, Mr. Fischer ofAVR, Inc. Pension Plan Trust did not sign the agreement MOTION by Carroll to amend Section 2 d. and 2.1 of the Subdivision and Planned Unit Development Agreement for the Cope Addition to limit the allowable area of automobile service /repair uses within the existing building to a maximum of 49 percent. Second by Anderson. Ayes: Busho. Carroll, Anderson. Nays: Wippermann Present Edwards Motion carried. Police Lieutenant Kuhns presented the Alarm Ordinance which was recommended because of the increase of false alarms in commercial and residential areas. In 1995 there were 414 false alarms with an average time expenditure of 23 minutes each This equates to one officer out of service for one month of each year. Also there is an additional risk to equipment and officers due to the expected rapid response. In order to educate residents and businesses and encourage corrections to detection equipment it is recommended to start requiring alarm permits Permit information would include a contact person and type of equipment which would help an officer shut down the alarm if necessary Council did not agree that a fee should be charged to all who have security systems. but that only those with excessive false alarms should be charged City Attorney LeFevere noted that cities cannot charge a fine due to lack of process by courts; however, a 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 19, 1996 permit fee is allowed. Consensus was to change the ordinance to allow excessive alarm user permits only. Staff will continue working on the new ordinance. Community Development Director Rogness reviewed the Rosemount Development Company's request that a 2.08 acre parcel of land located between Shannon Pond Planned Unit Development and Westridge Second and Third .Additions he rezoned from AG. Agriculture to R -1 Single Fancily Residential Detached The Planning Commission considered this November 12, 1996 and recommended its approval. MOTION by Carroll to adopt an ORDINANCE TO REZONE THE 2.08 ACRES OF LAND FROM AGRICULTURE AG TO R -1 SINGLE FAMILY DETACHED RESIDENTIAL in coin with the Comprehensive Guide Plan. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann Nays: None. Motion carried. Community Development Director Rogness and City Administrator Burt attended meetings and received information from the Metropolitan Council on its Regional Growth Strategy. Population growth for Rosemount was estimated in the year 2010 to be 23,700 and in the year 2020 to be 34,000 Consideration is being made on the availability of sewer capacity and what areas of land are expected to develop next. .A series of public hearings will he held in order that communities can respond to these projections. Council asked statT to return with changes to a proposed list of responses from Rosemount. Mayor Busho invited City Councilmembers to attend the parade for Share the Spirit and perhaps ride on the new fire truck. The permanent Rosemount Business Park sign has been completed. Council commented that they were pleased with it. .A local liquor establishment suggested that the City of Rosemount consider lowering the liquor liability insurance limits which are higher than required by the state Council consensus and the City Attorney's opinion was not to change the liability insurance minimum limits. Mayor Busho called the meeting to a close. The meeting was adjourned at 11:10 p.m. The City Council Agenda Packet is Clerk's File 1996 -34. Respectfully submitted, L n ti .r.PziL t om/ Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. December 3, 1996. at 7:32 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Wippermann, Carroll, and Edwards. Councilmember Anderson was out of town. Also present were City Attorney LeFevere, City Burt, Community Development Director Rogness, Public Works Director /City Engineer Osnwndson, Finance Director May, and Parks and Recreation/Conununity Director Topitzhofer Dick Howe attended regarding the proposed new Public Works Maintenance position .Administrator Burt lead the group in the Pledge of Allegiance. There were no public comments or responses to public comment at this meeting. Item 6.1. was added to the Consent Agenda, Port Authority Resignation and Public Works Director Osnwndson submitted additional information for Iteni 6 k Hiring of Maintenance Worker. John Anderson, Project Manager for Minnesota Intermodal Rail Terminal Study (MfRTS) gave a presentation to update the City Council on the planning process for this facility. A committee has been working in a partnership with three railroads, Minnesota Department of Transportation, Metropolitan Council, Dakota County, and other consultants. The freight industry has been growing and this facility would be to accommodate big containers which set on either a railroad car or a truck There were 18 sites under consideration and two of the final three are in Rosemount. One site is near Koch Refining and the other site is on University of Minnesota land near the old Gopher Ammunition Plant Now the scope, cost, and control issues will be considered. No land has been purchased yet and further investigation will continue so the planning process can proceed. Another update can be expected in March, 1997. MOTION by Wippermann to approve the amended Consent Agenda with the addition of Item 6 1. Port Authority Resignation of Norm Miller and staff recommendation for Dick Howe for a Maintenance Worker position. Also a correction to the November 19, N96 Minutes, page two, paragraph five, where the motion was made by Councilmember Carroll not Edwards. Second by Edwards. Ayes: Four. Nays: None Motion carried Finance Director May presented the 10 -Year Capital Improvement Plan (CIP) Working Program. In years past a one year or five year CIP have been used for city planning. This document is made to plan for the future. It is a working copy that can be changed or updated as time goes on. When the 1997 City Budget is approved then the 1997 CIP will also he set MOTION by Edwards to approve the 10 -Year Capital Improvement Plan Working Program for the City of Rosemount for the years 1997 through 2006 Second by Carroll. Ayes: Edwards, Wippermann, Busho, Carroll. Nays: None. Motion carried. Community Development Director Rogness reviewed the final proposed Tree Preservation Ordinance. The Planning Commission recommends its approval. Also two people from the Department of Natural Resources and one forester from the City of Apple Valley reviewed the 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 1996 ordinance and found it acceptable. An additional sentence was inserted in Item 9. for replacement procedures as recommended by the Planning Commission Mayor Busho noted that a forester should be on staff in order to comply with this ordinance. The Public Works Department does have a person trained in this field. MOTION by Wippermann to adopt AN ORDINANCE AMENDING THE CITY ZONING CODE ORDINANCE B ENHANCING EXISTING TREES BY PRESERVING SIGNIFICANT TREES AND WOODLANDS with the addition of a sentence in Article 9. Second by Carroll. Ayes: Wippermann, Busho, Carroll, Edwards. Nays. None. Motion carried. Community Development Director Rogness introduced the amendment to the City's sign regulations on "running and chasing' lights related only to movie theaters. The issue relates to the lighting impact on residential housing due to the brightness and flashing of lights. This brightness will be controlled by distance, set at 250 feet, and light intensity set at .5 lumens. Planning Commission held a Public Hearing and recommends its approval. MOTION by Edwards to adopt AN ORDINANCE AMENDING THE CITY ZONING CODE ORDINANCE B RELATED TO RUNNING AND CHASING LIGHTS FOR SIGNS AT MOVIE THEATERS. Second by Busho. Ayes: Busho, Carroll, Edwards, Wippermann Nays: None. Motion carried. Community Development Director Rogness reviewed the legal change of Outlot A. Wensmann Ninth Addition from public park use to a combination of private open space and five townhouse units. The acquisition of the Rosewood Manor property for public use replaces the land use of public park. The Rosewood Manor lot will be used for a family resource center. The Planning C ommission reviewed the final plat and recommends the approval of a development agreement and rezoning of Lot I, Bock 1 and Outlot A. in Wensmann Tenth Addition. MOTION by Carroll to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR WENSNIANN TENTH ADDITION and authorizing the execution ofa development agreement to secure public infrastructure, fees and park dedication. Second by Edwards. Ayes Carroll, Edwards, Wippermann, Busho. Nays: None Motion carried. MOTION by Carroll to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE rezoning Lot 1, Block 1 and Outlot A, Wensmann Tenth Addition to R -2, Single Family Attached Residential Second by Busho Ayes Edwards, Wippermann, Busho, Carroll. Nays. None. Motion carried. Conununity Development Director Rogness presented the renewal for the Lance Johnson/ Friedges Landscaping Mineral Extraction Permit. The property is located one third mile west of County Road 7l(Rich Valley Boulevard) and one mile north of County Road 38 (135th Street West). No complaints have been registered against this operation The Planning Commission conducted a public hearing and recommends its renewal. Mayor Busho commented that a gate is a requirement and that should be incorporated into the agreement 1 MOTION by Busho to renew the Mineral Extraction Permit for Lance Johnson Friedges Landscaping subject to conditions for 1997. Second by Carroll Ayes: Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Council noted that the amount required for a Surety Bond is now $2,000 and that amount should be looked at as it has been the same since 1987. Staff agreed. Mayor Busho noted several up coming events. December 5 at 6:00 p.m. is the Truth and Taxation Public Hearing, December 6 is the City Employee Holiday Dinner at the Community Center Banquet Room; and the National Guard Band will preform its Christmas Concert on Sunday, December 8 at 2:00 p.m. Mayor Busho called the meeting to a close. The meeting was adjourned at 8:50 p.m. Sus n M. Walsh, C Clerk The City Council Agenda Packet is Clerk's File 1996 -35. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 1996 Respectfully submitted, Linda Jentink, Recording Secretary 1 1 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Thursday, December 5, 1996, at 6:00 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Wippermann and Edwards present. Councilmembers Anderson and Carroll were absent. Also in attendance were City Administrator Burt, Administrative Assistant Walsh, Finance Director May, Public Works Director Osmundson, Fire Chief Aker, Police Chief Knutsen and Parks Recreation/Community Center Director Topitzhofer. Mayor Busho advised the purpose of tonight's meeting was to allow residents the opportunity to discuss and provide input on the city's 1997 budget and levy. Mayor Busho thanked the one resident in audience for attending the Truth in Taxation hearing. City Administrator Burt provided an overview of the 1997 operating budget. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 5, 1996 Keith Bester, 1697 145th Street East, advised he was present to protest to the increase of the market valuation of his property. Mayor Busho encouraged him to discuss this issue with county officials. MOTION by Busho to close the public hearing. Second by Edwards. Ayes: 3. Nays: 0 It was noted that adoption of the 1997 levy and budgets would be considered by the City Council at its December 17, 1996 regular meeting. MOTION by Busho to adjourn. Second by Wippermann: Ayes: 3. Nays: 0. The City Council agenda packet is Clerk's File 1996 -36. Respectfully submitt,d, Susan M. Walsh, Administrative Assistant ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 1996 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 17, 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, Carroll, and Edwards. Also present were City Attorney LeFevere, City Administrator Burt, Community Development Director Rogness, and Police Lieutenant Kuhns. Councilmember Anderson lead the group in the Pledge of Allegiance. There were no public comments or responses to public comment at this meeting. City Administrator Burt presented some clarification on the resolution for Item 6.n. Alarm Ordinance from City Attorney LeFevere. Councilmember Edwards asked to pull Item 6n. Alarm Ordinance for discussion. Mayor Busho agreed but suggested that it be tabled until the January 7 or January 21 regular City Council meeting. This would allow it to be discussed at a Committee of the Whole and a final resolution to be drafted. MOTION by Busho to table Item 6.n. Alarm Ordinance for discussion and place it back on City Council Agenda in January, 1997. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Wippermann to approve the amended Consent Agenda pulling Item 6.n. Alarm Ordinance. Second by Anderson. Ayes: Five. Nays: None. Motion carried. Community Development Director Rogness presented the Rechtzigel Raak Agricultural Lot Division. This would create a 12 5 acre parcel on the southeast corner of 140th Street West and STH 52. Mr. Gary Raak, owner of Twin City Feather Lite Trailers Company, approached Rechtzigel regarding purchase of this land. The lot split meets all requirements of the current AG zoning standards. Attorney Sheldon represented Mr. Raak at the meeting. The Minnesota Department of Transportation has not yet commented on the division. Rezoning will be addressed if and when necessary. The Planning Commission recommends approval. MOTION by Wippermann to adopt A RESOLUTION APPROVING AN AGRICULTURAL DIVISION REQUESTED BY MARLON JOANN RECHTZIGEL AND GARY RAAK contingent on continent from the Minnesota Department of Transportation. Second by Carroll. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays. None. Motion carried. Community Development Director Rogness reviewed the Comprehensive Guide Plan Amendment to change the land use designation from Agricultural to General Industrial for 54 acres between Pine Bend Trail and TH 55. Owner Dick Berger of Pine Bend Development Company commented that the land was not good for pasture or growing crops. This area is in the Mississippi River Corridor Area and has added restrictions due to the river bluff and wooded areas. Based on a site meeting with City Staff and the Department of Natural Resources, it would be feasible for a business to locate there. There are no public utilities available to this site; 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 1996 however, there is a railroad spur. The Planning Commission vote was 3 to 2 in favor of recommendation for the guide plan. Rogness explained that the 1990 Comprehensive Guide Plan guided this are for General Industrial. Staff speculated that the 1993 change to Agricultural was in order to concentrate more industrial development along the TH 52 Corridor. Leon Endres made the request for the Comprehensive Guide Plan Amendment. Endres Processing is currently in the City of Coates, employs 15 people, uses about 2000 gallons of water per day for a rinsing process which is then recycled and transferred off the property. This is a food compost facility. Although Endres is looking at the Pine Bend Trail area to relocate, there are no contracts or agreements at this time MOTION by Carroll to adopt A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE GUIDE PLAN TO CHANGE THE LAND USE DESIGNATION FOR 54 ACRES OF LAND BETWEEN PINE BEND TRAIL AND TH 55 FROM AGRICULTURE TO GENERAL INDUSTRLAL. Second by Edwards. Ayes. Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Community Development Director Rogness presented a grant application to the Metropolitan Council in connection with the Mississippi National River and Recreation Area (MNRRA) The program provides grants on a one to one match for eligible evaluation and planning activities during 1997. The City of Rosemount will be requesting $8,500 to identify and evaluate current Critical River Corridor ordinances in comparison to MNRRA's Comprehensive Management Plan and to study industrial uses within the Pine Bend Area. Current staff will be used to complete the in -kind work. MOTION by Anderson to approve A RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN FUNDING ASSISTANCE. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Community Development Director Rogness explained that the City of Rosemount is the regulatory government unit to determine if an Environmental Impact Statement (EIS) is needed for the proposed McNamara Chippendale /42 Mixed Use Planned Unit Development Project. After completing the Environmental Assessment Worksheet (EAW) and reviewing comments from various agencies, staff is recommending against the need for an EIS. Tim Brown, Water Resource Coordinator and staff have determined that the Clean Water Act and practices now in use related to erosion, storm water capacity and water quality will sufficiently protect the water resources in this development. MOTION by Carroll to approve A RESOLUTION MAKING A NEGATIVE DECLARATION OF AN ENVIRONMENTAL IMPACT STATEMENT (E.I.S.) FOR MCNAMARA ADDITION PLANNED UNIT DEVELOPMENT. Second by Edwards. Ayes. Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Developer Joe McNamara reported that much interest has been shown in the land and looks forward to a successful project. City Administrator Burt requested City Council to consider some dates for interviews for commissioner positions and a goal setting session. Consensus was to al ow additional time for applications to be accepted for the six open positions. The deadline for applications was placed on Januan' 17. 1996 with interviews on Tuesday, January 28, 1997 in the upper conference room. Stall indicated that if appoinunents were not complete by February 1, 1997, then the current commissioners would continue until a replacement could be appointed. MOTION by Edwards to set a Special City Council meeting for January 28, 1997 at 6:00 p.m. for the purpose of interviewing applicants for the six commission openings. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Council consensus for the goal setting session was to have it after results have been obtained from the up coming phone survey. This would be sometime in March, 1997. Review of work programs and long range goals could also be reviewed at Committee of the Whole meetings. Mayor Busho called the meeting to a close. The meeting was adjourned at 8:45 p.m. Respectfully submitted, te4 dn. de Susa Walsh, ty Clerk The City Council Agenda Packet is Clerk's File 1996 -37. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 1996 Linda Jentink, Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JANUARY 6, 1997 Mayor Busho called the meeting to order with Councilmembers Anderson, Edwards and Wippermann. Staff present were: City Administrator Burt, Assistant to the Administrator Walsh, Public Works Director Osmundson, Police ChiefKnutsen and Police Lieutenant Kuhns. A. Introduction of Will Branning, Dakota County Commissioner Commissioner Branning informed the City Council that he intends to meet with the Council every other month or when requested to assure open communication. The Mayor and City Council addressed concerns for issues that Commissioner Branning will be addressing in the near future that concern Rosemount. B. Assessment Policy Public Works Director Osmundson made a brief presentation that addressed City Council changes to the policy from the previous Committee of the Whole. The Mayor and City Council asked clarification questions and directed staff to schedule the policy at a future City Council meeting. C. Alarm Ordinance The Mayor and City Council asked Police Lieutenant Kuhns several clarification questions and directed staff to make changes to the proposed ordinance. Staff was directed to remove references to collection of information on who installed alarm systems and remove the section on exempting governmental agencies from the ordinance. Staff was directed to assemble informational material that will be distributed to individuals who have a false alarm. D. Dakota Central Partnership Waterline Agreement City Administrator Burt gave the history of the agreement the City and Dakota Central Offices Limited Partnership entered into in 1985. That Partnership would install a waterline to their building and at the time of future connections the City would be responsible to reimburse the Partnership. The City Council directed the Administrator to continue to negotiate a settlement amount. The meeting was adjourned at 920 p.m. with the start of the two scheduled Closed Special Meetings. Respectfully submitted, �i�lG7C 72 Thomas D. Burt City Administrator -c J Y Susab M. Walsh, ity Clerk The City Council Committee of the Whole Agenda Packet is Clerk's File 1997 -01. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 7, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 7, 1997 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, Carroll, and Edwards. Also present were City Attorney LeFevere, City Administrator Burt, Community Center Director Topitzholfer, Administrative Assistant Walsh, and Public Works Director /City Engineer Osmundson. Girl Scouts Troop 1858 led the group in the Pledge of Allegiance with a flag ceremony. There were no public comments or responses to public comment at this meeting. MOTION by Edwards to approve the consent agenda. SECOND by Wippermann. Ayes: Five. Nays: None. Motion carried. Public Works Director Osmundson modified the Assessment Policy. The policy will be reviewed on a yearly basis and additions will he added when needed. City Attorney LeFevere indicated no legal complications. MOTIONS by Wippermann to adopt the Assessment Policy. SECOND by Busho. Ayes: Five. Nays: None. Motion carried. Administrative Assistant Walsh presented the 1997 City Fee Resolution. Memorandums were provided from department directors explaining their reasons for amending certain fees. MOTION by Carrol to adopt A RESOLUTION ESTABLISHING RATES AND FEES FOR 1997. SECOND by Edwards. Ayes. Five. Nays: None. Motion carried. Public Works Director Osmudson presented the request to purchase a sweeper from McQueen Equipment at the 1995 state contract price. McQueen has offered to finance the sweeper at 5.98% interest with the option of paying the total cost plus one year's interest in 1998. The sweeper would move the roller, the skidsterloader, and 1 ton pickup into the "10 year Working CIP" from 1988 to 1999. MOTION by Anderson to authorize necessary signatures to purchase a street sweeper off the state contract through McQueen Equipment as detailed in the memo dated December 23, 1996 with the assumption that we use the low financing option. SECOND by Wipperman. Ayes: Five. Nays: None. Motion Carried. Public Works Director Osmundson presented the Feasibility Report for the 1997 Street and Utility Reconstruction Project, City Project #277. The project will include total street and utility reconstruction of Cameo Avenue from 145th Street to 143rd Street, 143rd Street from the school to Trunk Highway 3, 144th Street from Cameo Avenue to the west. The report also addresses the ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 7, 1997 replacement of utilities and an overlay on Canada Avenue from 145th to 144th Street and on 144th Street from Cantata Avenue easterly as necessary MOTION by Wipperman to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT /SET PUBLIC HEARING THE 1997 STREET AND UTILITY RECONSTRUCTION IMPROVEMENT PROJECT, CITY PROJECT #277. SECOND by Edwards. Ayes: five. Nays: None. Motion carried. Mayor Busho noted the January 28th Special Council Meeting for interviewing commission applicants was to be held at 6:00 p.m. in the Upper Conference Room/City Hall. Anderson reminded everyone of the Legislative Breakfast on Friday, January 17th from 7:30 a.m. to 9:00 a.m. at Drovers Inn in South Saint Paul. The breakfast is sponsered by the Dakota County League of Government. The meeting was recessed at 9:09 p.m. Council went into a dosed session then reconvened and adjourned at 9:20 p.m. The City Council Agenda Packet is Clerk's file 1997 -04. Respectfully submitted, 1tke Deb Check, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 21, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 21, 1997 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, Public Works Director /City Engineer Osmundson and Community Development Director/Rogness. Boy Scouts troop 259 led the group in the Pledge of Allegiance with leader Steve Toombs and Kevin Plain in attendance. There were no public continents or responses to public comment at this meeting. A change order to City Project #273B Well #9 Pumphouse was added to item 6 (t) on the consent agenda. The City has received a price for the additional cost from the Pumphouse contractor. The cost is mainly due to changing from a 1,000 gpm, 100 horsepower pump to a 1,600 gpm, 150 horsepower pump. This is a 60% increase in capacity of the well and the contractor has submitted a Change Order request for the amount of $8,574.30. They also have requested a time extension due to supplier /delivery time if needed, possibly up to 45 days. If all goes as desired, the original date of May 30th for Well No.9 to be functioning is possible. Public Works Director/ City Engineer Osmundson announced the interest rate for the sweeper purchased from McQueen will be 5.59% rather than 5.98% as originally thought. MOTION by Wippermann to approve the consent agenda. SECOND by Edwards. Ayes: Five. Nays: None. Motion carried. Community Development Director/Rogness reported on the public hearing for Knodt rezoning, held on January 14, 1997. The Planning Comission recommends approval for the division and rezoning of Knodt's farm resulted from the discussions. Acting as the Board of Appeals and Adjustment, three variances to accessory structure setback requirements were granted for outbuildings near the proposed lot boundaries. Mrs. Gerda Knodt is requesting approval of a metes and bounds agricultural lot division to create a 2.5 acre parcel for an existing house located on the Knodt farm. In addition, a rezoning from Agriculture Preserve to Agriculture is required because the new parcel will not be large enough to qualify for Agriculture Preserve status. Because of the delay caused by the variance requirements and the MnDOT response, the Planning Commission suggested that the Park Dedication Fee be prorated at the 1996 fee amount. MOTION by Busho to adopt A RESOLUTION APPROVING THE AGRICULTURAL LOT DIVISION FOR THE KNODT FARM. Second by Wippermann. Ayes: Carroll, 1 Edward, Anderson, Wippermann, Busho. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 21, 1997 MOTION by Busho to adopt an ordinance rezoning the 2.5 acre lot for the Knodt lot division from AG preserve to agriculture. Second by Wippermann. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Community Development Director/Rogness reported on the public hearing held on January 14, 1997 regarding the Hawkins Pond Revised Preliminary Plat, Guide Plan Amendment and Rezonings. The proposed preliminary plat combines the previously approved 17 lot preliminary plat for the Hawkins property with 20 3 acres owned by the First Baptist Church of Rosemount. The revision requires an amendment to the Comprehensive Guide Plan to change the land use designation of the church property from Public /Institutional to Urban Residential. The property involved in the plat will also be rezoned to R -1 Single Family Residential Detached. MOTION by Anderson to adopt A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT FOR HAWKINS POND. Second by Wippermann. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. MOTION by Wippermann to direct Staff to prepare the documentation required to amend the Comprehensive Guide Plan to redesignate 20.3 acres of the First Baptist Church of Rosemount to R -1 Single Family Residential. Second by Anderson. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. MOTION by Wippermann to table the rezoning of the 20.3 acres of the First Baptist Church of Rosemount to Urban Residential Second by Anderson Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion Carried. The Public Hearing for the 1997 Street and Utility Reconstruction, City Project 277 began at 8:10 p.m. Mayor Busho confirmed with the recording secretary that the Affidavits of Posted and Published Notice were on tile. Public Works Director/City Engineer Osmundson reported on the informational meeting held on January 15, 1997. The residents main issues were the width of Cameo Avenue. the sidewalk along Cameo Avenue and vehicles exceeding the speed limit on Cameo Avenue and 143rd Street West. Resident Steve Toombs approached the podium and expressed concerns regarding speeding motorist on Chili Avenue and 143rd Street. Another concern was motorist parking down hill on 143rd Street Although these are not issues in regards to the current project, staff will investigate. MOTION by Busho to close the public hearing regarding the 1997 Street &Utility Reconstruction City Project #277. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 21, 1997 MOTION by Edwards to adopt A RESOLUTION FOR THE APPROVAL AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR 1997 STREET UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT #277. Second by Wippermann. .Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Community Development Director Rogness reported on the public hearing regarding Zoning Text Amendment for Nonhazardous Waste Containment Facility. This amendment will allow a facility to operate under its current permit while the city or other agencies review a renewal. By unanimous vote the Planning Commission approved the recommendation. MOTION by Wippermann to Adopt an Ordinance Amending the City Zoning Code Ordinance B regarding the Issuance Standards for an Interim Use Permit for nonhazardous Industrial Waste Containment Facility. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Community Development Director Rogness presented to council the request from USPCI for the reissuance of the existing Interim Permit. The Interim Use Permit OUP) which expires March 18, 1997, would allow USPCI to continue operating the Nonhazardous Waste Containment Facility. Jeff Ub, a representative of Barr Engineering, reported on the reviews of the new application and has identified some modifications to the existing containment facility. Barr Engineering has not found any major environmental or engineering problems with the permit application. USPCI has concluded that an Environmental Assessment Worksheet (EAW) is needed for the disposal of Mixed Municipal Solid Waste (MSW) combustor ash, which will require a 60 -90 day review period. Therefore, the proposed reissuance of the 'UP will not include any approval for this type of ash disposal. Once the EAW process is complete, then Council can review those conclusions as a final approval to allow MSW ash disposal. Dakota County's permit allows 1 ash subject to Minnesota's Pollution Control Agency's approved permit modification and environmental review. The major changes to the existing permit include: 1. A proposed 4 -cell design in place of the existing 10 cell design. 2. A capacity increase from the existing 2.5 nullion to the proposed 6.1 million cubic yards. 3. An increase in the final grade berm height from 20 feet to the proposed 60 feet. 4. A change in final fill area with the removal of an interior site for future building activity. In addition, City Attorney Charlie LeFevere discussed other changes and modifications to the contract 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 21, 1997 Don Chapdelaine displayed to council pictures of the landscaping for the containment facility and around the proposed new cells. This information has been reviewed as part of a new computer enhanced picture taken from various vantage points. MOTION by Carroll to approve the Reissued Interim Use Permit (IUP) for USPCI, Inc., Subject to Final Approval of Dakota County and the Minnesota Pollution Control Agency; and contingent on legal and council changes. Second by Edwards Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Community Development Director Rogness presented the Preliminary Plat, Final PUD and Rezoning for Geronime Pond. On November 9,1996, the City Council conditionally approved the concept for Geronime Pond, a residential development for single family homes mixed with twin home. On December 10,1996 the Planning Commission conducted a public hearing for review of the preliminary plat, final PUD and rezoning. The primary issue was an apparent density bonus requested by the developer to help absorb the cost of acquisition and development. The concept approval gave the developer a choice between lowering the density to 91 units or enhance the landscaping to qualify for the bonus. The developer is entitled to 2.5 dwelling units per acre. The density of the preliminary plat is 2.77 dwelling units per acre for 101 units excluding the remnant parcel isolated with the anticipated relocation of Chippendale Avenue. The landscaping consist of an additional boulevard tree for each single family lot and increased evergreen screening along 160th Street West. The latter was a staff recommendation after review of the initial landscape plan submission. The revised landscape plan responds to the concerns identified by staff. In reviewing the grading plan, the City Engineer will approve 3:1 slopes instead of the standard 4:1 in order to achieve the highest possible berms along 160th Street West. E.B. McMenomy wanted to be on record for endorsing the project. He would like 160th Street West to be rebuilt before development. Council wants a petition, signed by him, for the intent to develop his property located across Chippendale Avenue to the east of the proposed Geronime Pond development. The petition would help coordinate the planned Chippendale Avenue relocation and the ultimate construction of County Road 46, to obtain the required easements and plan for the area's final grade. MOTION by Anderson to adopt A RESOLUTION APPROVING THE GERONIME POND PRELIMINARY PLAT AND FINAL PUD DEVELOPMENT PLAN. Second by Edwards. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. MOTION by Anderson to table action regarding the rezoning from Agriculture to R -1 and R -2, Single Family Attached and Detached Residential until final plat approval. Second by Edwards. Ayes: Edwards, Anderson. Wippermann, Busho. Carroll. Nays: None. Motion carried. 1 1 1 Mayor Busho reminded everyone of the Commission Interviews to be held on Tuesday January 28, 1997, in the Upper Conference Room of City Hall. Mayor Busho announced there will be a Partners in Progress Meeting on January 30, 1997, at the Royal Cliff from 4:30 -6:30 p.m. Bud Osmundson announced the City vehicles, except police and fire, will now have new logos on them, thanks to USPCI's contribution. City Administrator Tom Burt announced we are hooked onto the world wide web. The new web site address is www.rosemountmn.com City projects. auenda and minutes will be easily accessible to the citizens. We are still in the "infant" stage of this project. Tom Burt announced he is now serving on the board of Metro -East Council. The meeting was adjourned at 10:00 p.m. Sus js{ M. Walsl(City Clerk The City Council Agenda Packet is Clerk's File 1997 -05. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 21, 1997 Respectfully sub itted, Deb Check, Recording Secretary 1 1 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Tuesday, January 28, 1997, at 6:00 p.m. in the Upper Conference Room at City Hall, 2875 145th Street West. The purpose of the meeting was to interview applicants for openings on city commissions and committees. Mayor Busho called the meeting to order with Councilmembers Wippermann, Anderson, Carroll and Edwards present Also present was City Administrator Burt MOTION by Edwards to appoint the following people to the indicated position: Jay Tentinger Planning Commission Jeffery Weisensel Planning Commission Michael Baxter Port Authority Commission John Edwards Port Authority Commission Dan McCarthy Parks and Recreation Committee Shawn Mulhern Utilities Commission Second by Wippermann. Ayes: Five. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS SPECIAL CITY COUNCIL MEETING JANUARY 28, 1997 MOTION by Edwards to adjourn the meeting. Second by Busho. Ayes: Five. Nays: None. The meeting was adjourned at p.m. The City Council Special Workshop is Clerk's File is 1997 -6. Respectfully submitted, City Administra of T otttas D. Burt Recording Secretary The following items were discussed: ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE FEBRUARY 3, 1997 Mayor Busho called the meeting to order with Councilmembers Anderson, Edwards, Carroll and Wippermann. Staff present were: City Administrator Burt, City Planner Pearson, Community Development Director Rogness, and Public Works Director Osmundson. Also in attendance were Planning Commissioners Droste, Shoe Corrigan and Tentinger; and Parks and Recreation Committee Members Michael Eliason, Kelly Sampo, John Howard, and Janet Larson. A. Erickson Park/Civic Center Plan Staff presented a long range concept plan for the government center within Erickson Park. The concept plan was supported and staff will prepare an implementation plan The Erickson Park Master Plan was discussed and there was a reaffirmed commitment to the plan and consensus to look into the purchase of additional land. The proposed Erickson Park shelter was discussed and there was also continued support to bid the project in late February. B. Kelley Trust An overlay Planned Unit Development approach was compared along with a pre emptive zoning strategy with discussion and direction provided by the City Council. As a result, staffwill continue to work closely with the Kelley Trust as they explore development options. Zoning options will be available as needed to implement the policies of the Comprehensive Guide Plan. C. Octoberfest The Jaycees plan for Octoberfest was presented by staff whom expressed concerns for this event and future events. Staff will prepare a permit application for community events and present a draft at a future meeting. MOTION by Wippermann to adjourn the meet. Second by Edwards. The meeting was adjourned at 9:30 p.nt. Susan M. Walsh, C Clerk Respectfully submitted, Thomas D. Burt City Administrator The City Council Committee of the Whole Agenda Packet is Clerk's File 1997 -07. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 4, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 4, 1997 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, Carroll, and Edwards. Also present were City Attorney LeFevere, City Administrator Burt, Community Center Director Topitzhofer, Community Development Director Rogness and Administrative Intern Bonkowski. Reporter Deb Schewe was invited by the Mayor to lead the Pledge of Allegiance. There were no public comments or responses to public comment at this meeting. Staff added two items to the Consent Agenda. Item 6.i. Receive Petition/Order Feasibility Report for Geronime Pond Street and Utility Improvements, City Project 280; and Item 6. j. Joint and Cooperative Agreement for Suburban Transit Association. MOTION by Wippermann to approve the Consent Agenda with the addition of Item 6.i. Receive Petition/Order Feasibility Report for Geronime Pond Street and Utility Improvements, City Project 280; and Item 6. j. Joint and Cooperative Agreement for Suburban Transit Association. Second by Anderson. Ayes: Five. Nays: None. Motion carried. Community Development Director Rogness reviewed the proposed Comprehensive Guide Plan Amendment for the Metropolitan Urban Service Area (MUSA). The Comprehensive Guide Plan was approved by Metropolitan Council in 1993, which extended development out for twenty years in three phasing stages. The amendment would redefine the MUSA boundaries by combining Phase 1 and Phase 2 into a new Phase i MUSA (2005), and changing the Phase 3 into a new Phase 2 MUSA (2005 2010). This would allow more flexibility to plan as growth occurs by allowing development projects to be approved now rather than wait until the year 2000. There are currently 705 acres available for residential development within the existing Phase 1 MUSA. Approximately 65% of the total acreage within the current MUSA is owned by CMC Heartland Partners (165 acres) and Kelley Trust (290 acres). The existing Phase 2 shows 670 acres for residential and 700 acres for commercial /industrial during the years 2000 to 2005. Metropolitan Council has begun a phase -out plan for the Rosemount Treatment Plant by the year 2001. Councilmember Carroll commented on development northeast of City Hall referred to as the Minea Property Community Development Director Rogness suggested that "leap frog" development would not be advantageous and that the best approach in receiving approval from Metropolitan Council on this amendment was to keep the MUSA boundaries the same and only change the phasing schedule. City Administrator Burt noted that the cost of infrastructure to that area would be great and that the key argument toward approval is that there are only two major land owners. Mayor Busho noted that the Comprehensive Guide Plan is a changing document. MOTION by Carroll to adopt A RESOLUTION APPROVING AN AMENDMENT TO THE LAND USE PLAN OF THE ROSEMOUNT COMPREHENSIVE GUIDE PLAN 1 1 UPDATE 2000. Second by Anderson. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Community Development Director Rogness noted that the actual application will be submitted after an additional meeting with Metropolitan Council staff. Rosemount's area representative from Metropolitan Council is Carl Shenk and a meeting will be held Febntary 5, 1997. Mayor Busho announced the Rosemount Showcase to be held at the Rosemount Community Center, February 15, 1997 from noon to 5 o'clock. Area businesses will present their products and services to the public. There is no admission fee and there will be several door prize drawings for those who attend. The meeting was adjourned by Mayor Busho at 8:00 p.m. Susart M. Walsh, The City Council Agenda Packet is Clerk's file 1997 -08. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 4, 1997 Respectfully submitted, Linda Jentink, Recording Secretary 1 ROSEMIOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 18, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. February 18, 1997 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, Wipperrnann, and Edwards. Councilmember Carroll entered the meeting at 7:40 p.m Also present were City Attorney LeFevere, City Administrator Burt, and Public Works Director Osmundson Attorney LeFevere lead the group in the Pledge of Allegiance. There were no public continents or responses to public comment at this meeting. Staff added one item to New Business, Item 8.a Cable Television Memorandum of Understanding. MOTION by Edwards to approve the Consent Agenda. Second by Wippermann. Ayes: Four. Nays: None. Motion carried. Administrator Burt reported that the cities of Apple Valley, Farmington, and Lakeville have held discussions regarding the upcoming renewal of the cable franchise for each. The communities believe that their bargaining power will be increased as a group and that there will be less duplication of attorney fees and other costs. Lakeville had previous negotiations with Marcus Cable and has chosen to continue separately with the option to join in at a later date. Rosemount's franchise expires in 1999 and staff would recommend negotiating jointly with Apple Valley and Farmington by adopting a Memorandum of Understanding. MOTION by Wippermann to adopt the Memorandum of Understanding for the Cable Television Franchise Agreement renegotiations with Marcus Cable jointly with the cities of Apple Valley, Farmington, and Rosemount. Second by Anderson. Ayes: Anderson. Wippermann, Busho, Edwards. Nays. None. Motion carried. Mayor Busho noted that the Committee of the Whole meeting has proven to be helpful in allowing Councilmembers to fully study and understand issues regarding the City of Rosemount. One Councilmember has a conflict with the regular meeting day chosen so a different date will be considered. Discussion followed. The meeting would continue at the saute time, 6:30 p.m. MOTION by Anderson to change the Committee of the Whole meeting to the Monday before the second City C'ouncil meeting of the month effective April 14, 1997. Second by Busho Ayes: Wipperrnann, Busho, Edwards, Anderson Nays: None Present: Carroll Motion carried. Mayor Busho noted that a formal meeting with State Representative Dennis Ozment at his office will take place tomorrow, February 19, 1997. Councilmembers are invited to attend. City Administrator Burt and Mayor Busho will be attending an all day program on February 20th at the Dakota County Technical College. 1 Other upcoming events are: February 21, 3:10 p.m., the Youth Summit; March 8, the Firefighters Banquet and March 15 the Shamrock Awards. Mayor Busho adjourned the meeting at 7:46 p.m. Sus City Clerk The City Council Agenda Packet is Clerk's file 1997 -09. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 18, 1997 Respectfully submitted, Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MARCH 3, 1997 Mayor Busho called the meeting to order with Councilmembers Anderson, Edwards and Wippermann. Staff present were: City Administrator Burt, Community Development Director Rogness, and Public Works Director Osmundson. Also in attendance were Utility Commissioners Berg, Mulhem and Waldoch. The following items were discussed: A. Asphalt Plants in AG Zone. Staff presented background on the information and indicated there was a possible request corning to locate an asphalt plant in agricultural zoning districts. It was the consensus that asphalt plants should be limited to the general industrial zone. B. Shannon Parkway /Connemara Trail. StatT presented the idea of constructing a trail on the west side of Shannon Parkway from Dearborn Path and to Connemara Trail, and on the north side of Connemara Trail from Shannon Parkway to Daphne Lane. Council indicated the proposed trail should be considered at the time Connemara Trail is extended to the east. There was concern of the possible impact to existing residents along the proposed areas. C. Water /Sewer Rate Discussion. Public Works Director Osmundson reported that when the rates study was implemented in 1994, it was the consensus that the rates, and elimination of the sprinkler credit should be examined before 1999 Utility Commissioners expressed their desire to continue with the existing system until 1999 as was approved in 1994. The water and sewer rates will be reviewed again in 1999. D. Comprehensive Storm Water Management Plan. Public Works Director Osmundson gave a brief overview of the proposed plan. Osmundson explained the next step in the approval process would be to have the Metropolitan Council and Vermillion River Watershed Disrtict review the plan, make recommended corrections and then bring it to the City Council for formal approval at a future meeting. E. Comprehensive Water Plan. Public Works Director Osmundson gave an overview of the proposed plan. Osmundson explained the next step in the approval process would be to have the Metropolitan Council review the plan, make recommended corrections and then bring it to the City Council for formal approval at a later date. The meeting was adjourned at 8:30 p.m. Susan M. Walsh, Respectfully submitted, .nrie2-c 7 Thomas D. Burt, Qlt'Administrator The City Council Committee of the Whole Agenda Packet is Clerk's File 1997 -10. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 4, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 4, 1997 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilrnembers Edwards, Anderson, Wippermann, and Carroll. Also present were City Attorney LeFevere. City Administrator Burt, Public Works Director Osmundson. and Community Development Director Rogness. Girl Scout Troop 1858. Parkview Elementary School. with leader Debbie Olson and co- leader Jean Egelston lead the group in a flag ceremony, the Pledge of Allegiance, and the Girl Scout Promise. There were no public comments or responses to public comment at this meeting. A Closed Executive Session was requested by Councilmember Edwards for attorney client information on the Starks and Fields lawsuit appeal. MOTION by Anderson to approve the Consent Agenda. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Community Development Director Rogness reviewed information on the Chippendale /42 Partnership Planned Unit Development Agreement, the Final Plat, and the rezoning of two lots within die development from Agriculture (AG) to General Commercial (C -4). Councilmember Wippermann recalled a discussion on business operating time to be limited from 6:00 am to 10 p.rn. for the two commercial Tots along Shannon Parkway. Peter Coyle, attorney for the development. requested that the time for business operation remain from 6.00 a.m to 11:00 p.m. City Administrator Burt recalled that the Walgreens representatives agreed to the 10:00 p.m operating time. Discussion continued on the Chippendale /42 Partnership Planned Unit Development in regard to the traffic Clow and future private access to Shannon Parkway The wording incorporated in the agreement would allow the City to have the same control on Shannon Parkway as for any other City street. The private drive can be restricted based on documented traffic circulation or safety reasons at a future date. Both staff and the developer would like a full access onto County Road 42 for Claret Avenue. MOTION by Edwards to authorize the Mayor and City Clerk to execute the Planned Unit Development Agreement for the Chippendale /42 Partnership incorporating the change in the operation time from 11:00 p.m. to 10:00 p.rn. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Carroll. Nays: None. Present: Wippermann. Motion carried. MOTION by Carroll to approve A RESOLUTION APPROVING THE FINAL PLAT FOR McNAMARA ADDITION. Second by Anderson. .Ayes Edwards, Anderson, Busho, Carroll. Nays. None. Present: Wippermann. Motion carried. MOTION by Carroll to adopt AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE for LOTS 1 AND 2, BLOCK 1, McNAMARA 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 4, 1997 ADDITION. Second by Busho. Ayes: Anderson, Busho, Carroll, Edwards. Nays: None. Present: Wippermann. Motion carried. Mayor Busho opened the Public Hearing at 8:05 p.m. for the Hawkins Pond Street and Utility Improvements, City Project 275. The recording secretary noted that the Affidavits of Posted, Mailed and Published Notice were on file. Public Works Director /City Engineer Osmundson reviewed the Hawkins Pond Street and Utility Improvements, City Project 275. The 29 acres are proposed to have 69 single family homes in an area generally described as north of 145th Street between Diamond Path and Shannon Parkway. There are three single family home property owners adjacent to this development who will receive assessments for sewer improvements plus the connection charges. The assessments would be in 1999 and generally those assessed would be allowed ten years to pay and two years to connect. City Attorney LeFevere noted that when a property is sold generally all special assessments must be paid. Mayor Busho commented that because of the new Minnesota law on septic systems that some septic system owners may have large investments to upgrade their current system. Greg Goettsch, 4255 145th Street West, commented that he is still paying for the street improvements done on 145th Street a few years ago and that this additional assessment would cause him hardship. MOTION by Busho to close the Public Hearing for Hawkins Pond Street and Utility Improvements, City Project 275 as no further comments were presented. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Anderson to adopt A RESOLUTION APPROVING THE PROJECT AND ORDERING PLANS AND SPECIFICATIONS FOR HAWKINS POND STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 275. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Public Works Director /City Engineer Osmundson received a petition from the lot owners in the Broback Industrial Park to improve the street so that homes could be built there. The plat was approved in 1973 with the intention of developing a business or industrial park. All of the lots except two were recently rezoned from Business Park to Single Family Residential. These lots are unusually large, approximately 1.2 acres with 150 feet of frontage along the service road which is parallel to Diamond Path. The estimated assessments would be $15,855 for the 10 lots. Staff recommended that the assessment hearing be held prior to awarding the contract in order to accommodate any appeals This public hearing is recommended to be set on March 18. 1997. MOTION by Carroll to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND SETTING A PUBLIC HEARING FOR BROBACK INDUSTRIAL PARK STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 279. Second by Edwards. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 4, 1997 Public Works Director /City Engineer Osmundson received a petition from land owners of the Geronime Pond area on February 4. 1997 and a feasibility report was ordered. This would include streets, sanitary sewer, watermain, and storm sewer improvements. The developer requested that the project be divided into two phases. First the northerly half of the site and second the southerly half. Dakota County has plans for street improvements on County Road 46 or 160th Street next year. At that time Chippendale .Avenue will be realigned so that it is further from the railroad crossing. The proposed development has 101 single fancily residential and twin home units. The public hearing is set for March 18, 1997 MOTION by Wippermann to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT /SET PUBLIC HEARING FOR GERONIME POND ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 280. Second by Anderson. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. MOTION by Edwards for a closed executive session relating to the appeal of the Starks and Fields Lawsuit. Second by Wippermann. Ayes: Five Nays: None. Motion carried. The meeting was moved to a Closed Executive Session at 8:50 p.m. and then reconvened at 9:27 p.m MOTION by Wippermann to approve A RESOLUTION REQUESTING REPRESENTATION FROM THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST FOR APPEAL of the Starks and Fields Lawsuit Second by Anderson. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Council determined that the Committee of the Whole date would need to be changed in April because several members would not be able to attend. A consensus was reached to hold the meeting on Tuesday, April 15, at 5:30 p.ni prior to the Port Authority and City Council meetings and then if necessary the meeting could be extended after the City Council meeting has closed. Upcoming events were mentioned as follows: March 8, American Legion Awards (Jay Ford Fireman of the Year and Steve Beberg Policeman of the Year); March 11, 11:30 a.m. Governor Carlson; March 12. 6:00 p.ni. State Representative Ozment on TIF; and March 15. the Shamrock Award Dinner. Mayor Busho adjourned the meeting at 9:37 p.m. Susan Walsh, The City Counc ity Clerk Agenda Packet is Clerk's tile 1997 -11. 3 Respectfully submitted, Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 18, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 18, 1997 at 7:32 p. in. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Wippermann, and Carroll present Also present were City .Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson. Community Development Director Rogness and Fire Chief Aker. Chief Aker lead the group with the Pledge of Allegiance. 1 1 There were no public comments or responses to public continent at this meeting. Changes were made to the Agenda as follows. Item 6.k. Endres Properties Addition Administrative Plat was pulled from the agenda. Item 5.b. was added to the agenda, Petitions for Change of Width of Street on Reconstruction of Cameo Avenue. Under Item 10. Announcements, discussion on the meeting time of the Committee of the Whole meeting in April. Additional information was received for Item 6.e. Receive Bids /Award Contract for Street and Utility Reconstruction Improvements, City Project 277; a bid tabulation. And additional information was received for Item 7.b Public Hearing for Broback Industrial Park Street and Utility Improvements, City Project 28Q a letter from Severson, Sheldon, Dougherty Molenda, P.A. Fire Chief Aker presented the Annual Fire Department Report for 1996. Aker reviewed the overall operation of the Fire Department. The membership totals are lower than preferred but recruiting is going on with the need for daytime shift availability. All equipment is in good condition with future improvements in the ten year budget plan. The number of fire calls has increased. The Fire Education Trailer has been a great teaching tool and a very successful program. Many surrounding communities have also used the Fire Education Trailer. The Firefighter of the Year is Jay Ford. The award was presented by the Rosemount VFW and much appreciated. On December 23. 1996, the Fire Department moved from the old fire hall on Brazil Avenue to the new station at the corner of Dodd Avenue and Shannon Parkway. Chief Aker commended the volunteer firefighters and the good job that they have done. An open house will be held for surrounding tire departments and invited guests on April 12th. Mayor Busho thanked Chief Aker and all the firefighters for the great job and looks forward to the fire station open house for the public. MOTION by Wippermann to accept the Fire Department's Annual Report. Second by Edwards. Ayes Busho, Carroll, Edwards, Wippermann. Nays: None. Motion carried. Public Works Director Osmundson presented two petitions from a neighborhood on Cameo Avenue near 145th Street West one which requested the width street he narrowed, addition of grassy boulevards, and the other requesting no additional street light poles. Mayor Busho accepted the petitions for the Clerk's File. Osmundson suggested having a neighborhood meeting to detemtine overall consensus of the group and to review the changes and their 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 18, 1997 consequences. Mayor Busho requested Osmundson to report back to City Council with those findings. MOTION by Wippermann to approve the Consent Agenda with the removal of Item 6.k. Endres Properties Addition Administrative Plat Second by Carroll. Ayes: Four. Nays: None. Motion carried. Public Works Director Osmundson presented a resolution to be given to legislators to support the exemption of all county and city street projects from State Noise Standards. Noise mitigation barriers can cost up to $1,000,000 per mile for construction. Lakeville, Farmington and Apple Valley have been working on reconstruction of Pilot Knob Road from Diamond Path to Farmington which may require noise barriers. MOTION by Busho to adopt A RESOLUTION SUPPORTING EXEMPTIONS OF COUNTY AND CITY ROADWAYS FROM STATE NOISE STANDARDS. Second by Edwards. Ayes: Edwards, Wippermann, Busho, Carroll. Nays: None. Motion carried. Mayor Busho opened the Public Hearing at 8.00 p.m. for the Geronime Pond Street and Utility Improvements, City Project 280. The recording secretary noted that the Affidavits of Posted, Mailed and Published Notice were on file. Public Works Director Osmundson gave an overview of the Geronime Pond Street and Utilities Improvements, City Project 280. Development of 39 acres with 104 single family and twin homes would be located in the northwest quarter section of Chippendale Avenue and 160th Street. There would be two phases with the street realignment of Chippendale Avenue happening in the second phase. Ed McMenomy, 15872 Chippendale Avenue, commented that he would like to go ahead with the street alignment and waive the easement with a Petition of Waiver. This requires permission by all property owners and Mr. Dobs of Heritage Development was present and indicated he agreed. MOTION by Busho to close the Public Hearing for Geronime Pond Street and Utility Improvements, City Project 280. Second by Edwards. .Ayes: Four. Nays: None. Motion carried. MOTION by Wippermann to adopt A RESOLUTION FOR THE APPROVAL AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE GERONIME POND STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 280. Second by Edwards. Ayes: Busho, Carroll, Edwards, Wippennann. Motion carried. Mayor Busho opened the Public Hearing at 8:10 p.ni. for the Broback Industrial Park Street and Utility Improvements, City Project 279. The recording secretary noted that the Affidavits of Posted, Mailed and Published Notice were on file. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 18, 1997 Public Works Director Osmundson reviewed City Project 279 noting that the street had been dedicated in 1973 and that it would service ten lots connecting to County Road 33. Although this area is platted as an industrial park it is intended now to be divided into single residential units. The vacant lot owners petitioned to have the street improved. Chuck Stauffer, 14587 Delft Avenue, owns a lot east of the proposed development. Stauffer asked that the berm within the back yards of the lots be removed because it is difficult to maintain. A catch basin on the east side of Delft Avenue would improve storm water ponding on the street. The culvert of Upper 148th Street often needs to be unplugged and that should be remedied. Stauffer felt that Rosemount Wood Cabinet Shop, the only business lot developed, should not have to pay the assessment because the developer, Brobacks Inc., held up the original road improvements. Osmundson responded that the plugged culverts will be checked out tomorrow. Dakota County would now only allow one entrance onto County Road 33. In 1973 there were two entrance points. There are no plans to remove the berm with the grading. Diane Michalski, owner of Rosemount Woods Cabinet Shop, had concerns of having residential neighbors with light industrial noise and dust. The letter submitted indicated an appeal to the proposed special assessments by R. Duane and Diane Michalski, Property Identification Number 34- 15300- 050 -01. MOTION by Busho to close the Public Hearing for Broback Industrial Park Street and Utility Improvements, City Project 279 as no further comments were presented. Second by Edwards. Ayes: Four. Nays: None. Motion carried. Council discussed alternatives with City Attorney LeFevere and staff. There was consensus to not move any action at this time. Mayor Busho encouraged staff to attend the League of Minnesota Legislative Conference on March 20, 1997. The community has an Easter Egg Hunt planned at Erickson Park on March 22, at 10 a.m. There is a Fire Department Banquet on April 5th. Administrator Burt noted that the Committee of the Whole meeting on April 15th needed to have the start time changed due to the open house for Cannon Equipment Co. Consensus would be to begin at 3:00 p.nl. Burt will confirm that time with others expected to attend and report back to City Council. Mayor Busho adjourned the meeting at 8:38 p.m. Susan M. Wa 1 City Clerk The City Council Agenda Packet is Clerk's file 1997 -12. 3 Respectfully submitted, a Linda Jentink, Re rding Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 1, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 1, 1997 at 7:34 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Wippermann, Carroll, Edwards, and Anderson present. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Community Development Director Rogness, ,administration Intern Bonkowske, City Planner Pearson, Parks and Recreation Director Topitzhofer, and Finance Director May. Councilmember Anderson led the group with the Pledge of Allegiance. There were no public comments or responses to public comment at this meeting. The Agenda remained unchanged. City Administrator Burt requested Council to determine a date for goal setting review. Last year it was held on a Friday, March 8th and it lasted until 3:00 p.m. The results of the community wide phone survey have been received which will supply residents opinion on many issues. MOTION by Busho to set a special meeting for April 25, 1997 at 9:00 a.m. for the purpose of goal setting and to hold this meeting at the Community Center. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. MOTION by Busho to approve the Consent Agenda. Second by Edwards. Ayes: Five. Nays: None. Motion carried. City Planner Pearson presented the Endres Properties Administrative Plat. The Planning Commission had reviewed the property lot combination on March 11, 1997 and recommends its approval. The 51 acres are located on the north side of Highway 55 across from U.S.P C I. landfill and is partially in the Mississippi River Corridor The bluffs are protected by the Mississippi River Corridor Critical Overlay District and the Department of Natural Resources has reviewed and accepted the proposed building site plan. Endres representative pointed out that the correct name for the resolution would be Endres Properties Addition. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE ADMINISTRATIVE PLAT FOR ENDRES PROPERTIES ADDITION conditionally approving the administrative plat and reflecting the name correction. Second by Edwards. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays. None. Motion carried. City Planner Pearson reviewed the request by Henry Broback for replatting of the nine lots in the Broback Industrial Park to twenty -three lots. There are several owners which causes difficulty with blending the lots to redistribute the property lines. Eighteen of the lots would require variances due to the lower lot width. The Planning Commission held a public hearing and recommends denial of the request because of inconsistent with the surrounding neighborhood, the utilities alignment and expense, and concern for the existing cabinet shop so near to residential lots. These same concerns were voiced by City Council and some residents at the March 18, 1997 Public Hearing. 1 1 1 Mr. Broback was directed to contact staff for direction. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 1. 1997 MOTION by Edwards to direct staff to prepare findings in support of denial of the requested replat of the Broback Industrial Park. Second by Wippermann. Ayes: Wippennann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. City Planner Pearson briefly reviewed the Hawkins Pond Final Plat applied for by Basic Builders, Inc. It is located to the east of the First Baptist Church of Rosemount, west of Shannon Parkway and north of 145th Street West. The proposal is for 36 acres developed into 69 lots and is currently zoned Agriculture. The Planning Commission recommends its approval. MOTION by Anderson to adopt A RESOLUTION .APPROVING THE FINAL PLAT FOR HAWKINS POND with conditions. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. MOTION by Wippermann to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE rezoning Hawkins Pond to R -1, Single Family Residential Detached. Second by Carroll. Ayes. Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Mayor Busho opened the Public Hearing at 8:00 p.m. for the Endres Tax Increment District and Redevelopment Project No. 2 and the Tax Increment Financing Contract The recording secretary noted that the Affidavits of Posted, Mailed and Published Notice were on file. Community Development Director Rogness reviewed the Endres Tax Increment District and Redevelopment Project No 2. The Port Authority recommends its approval with a vote of six in favor to one opposed. Rogness recommended an amended budget for Secton 1 -10 of the TIF Plan to include $500,000 for land acquisition, site improvements, private utilities, local contribution and administrative costs. The proposed building would have 57,000 square feet of space and be located near the center of the property. Mayor Busho opened the floor to public comment. Joe Simons, 13273 Pine Bend Trail was concerned about the future zoning of the land between Endres proposed property and his. This parcel is zoned Agriculture now. Simons also asked about any odor, the height of the building, and how many trees might be removed. Endres replied that the building height will be 34 feet, no smell is anticipated, and because of the Mississippi River Corridor restrictions, no bluff trees will be removed, however, there will be some removed where the building is proposed. MOTION by Carroll to close the Public Hearing for the Endres Tax Increment District and Redevelopment Project No. 2 and the Tax Increment Financing Contract. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Carroll to approve A RESOLUTION ESTABLISHING REDEVELOPMENT 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 1, 1997 PROJECT NO. 2 AND ADOPTING THE REDEVELOPMENT PLAN THEREFOR; AND ESTABLISHING WITHIN REDEVELOPMENT PROJECT NO. 2 THE ENDRES TAX INCREMENT FINANCING DISTRICT AND ADOPTING THE RELATED TAX INCREMENT FINANCING PLAN THEREFOR with revisions as recommended by the Port Authority. Second by Wippenmann. Ayes: Anderson, Wippermann, Carroll, Edwards. Nays: Busho. Motion carried. Busho noted her vote was due to inconsistencies in finance amounts between the TIF Plan and Development Contract. Staff will negotiate further details in the Endres Contract which will be presented at the April 15, 1997 City Council meeting. Mayor Busho opened the Public Hearing at 820 p.m. for the Willner Sanitary Sewer Improvements, City Project 281. The recording secretary noted that the Affidavits of Posted, Mailed and Published Notice were on file. Public Works Director /City Engineer Osmundson reviewed the extension of the sanitary sewer for the purpose of serving a resident whose current septic system is failing It would be extending 410 feet and cost approximately $26,000. The two affected properties would be assessed $7,400 each. Easements will have to be acquired from the parent company of the Rosemount Woods Mobile Home Court which could take some time. Mayor Busho opened the meeting to public comment. Todd Franz, 13942 South Robert Trail, of South Metro Auto Broker, asked about the future development of the property south of him and if it would be assessed. Osmundson responded that that property is low and a lift station would most likely be required. Franz noted that his sewer system is in good working order and does not foresee any problems with it Franz asked about the difficulty of splitting his lot because of the non conforming use status. City Attorney LeFevere noted that in most cases a city would not allow the non conforming use lot to be split. LeFevere also noted that the assessment benefit is the increase in fair market value that will occur in the open market. Franz said he was not opposed to the project but would hope he will be able to maintain his business for several years at this location. Steve Willner, 13930 South Robert Trail, had questions on how the assessment was required to be paid back. Osmundson said that the assessment could be paid for up to ten years with a 7 or 8% interest rate. Willner noted that his septic system was failing and he would need this improvement. MOTION by Busho to close the Public Hearing for the Willner Sanitary Sewer Improvements, City Project 281. Second by Carroll. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION FOR THE APPROVAL AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE WILLNER SANITARY SEWER IMPROVEMENT, CITY PROJECT 281. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. 1 1 Staff noted that City Project 281 will be bid with alternates in the length of the sanitary sewer. Parks and Recreation Director Topitzhofer presented the first reading of the Special Events Ordinance. The purpose is to insure health, safety and welfare of large public gatherings, 500 or more) in city parkland. A Large Assembly License would be required sixty days in advance with a fee of $150. Also any city expenses, such as police or clean up would be charged hack to the applicant. Council indicated that they would like this broadened to include other property than just city parks. Staff will check on the penalty amount and if it is restricted by State law. Staff will revise the ordinance and bring, it back to the next City Council meeting. Administration Intern Bonkowske presented a Zoning Text Amendment for Sidewalk Signs. Now these signs fall under the portable sign definition and are allowed to be displayed only six times a year for a maximum of ten days per permit. City Attorney LeFevere indicated that the appearance or content of the signs is regulated by free speech rights. The consensus was to limit the sidewalk signs to only the adjacent business. Staff will revise the ordinance. Administration Intern Bonkowske presented a Zoning Text Amendment for Essential Services. This was initiated by staff in anticipation of a request from Northern States Power (NSP) for a substation in the General Industrial District. Public and private utilites will be permitted uses in all zones with the exception of electrical substations, which will be prohibited in (R) and (P) Districts. The Council was concerned about gas and petroleum facilities in residential areas. Council suggested including the phase "facilities" in the amendment title. Pat Kline, Community Service Area Representative from NSP, spoke briefly in support of staffs latest proposal. City Attorney LeFevere noted that there may be an advantage to have each utility request an amendment when necessary. Staff will make further revisions and return this to Council for review. Parks and Recreation Director Topitzhofer reported that 1400 children and parents gathered on March 29, 1997 for the yearly Egg Hunt at 10:00 a.m. at Erickson Park. By 10:20 a.m. the event was over and everyone went away smiling. Topitzhofer said it was a great event and would like to continue to sponsor it. Upcoming events are: April 5, 1997 Firefighters Banquet; April 8, 11:30 Chamber Luncheon Meeting at the Rosemount Community Center; and April 21, Dakota County 1-IRA Senior Housing Ground Breaking, 3.30 p.m. Mayor Busho adjourned the meeting at 9:25 p.m. Susa Walsh, tv Clerk The City Council Agenda Packet is Clerk's file 1997 -13. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 1, 1997 Respectfully submitted, Linda Jentink, R„ cording Secretary ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE APRIL 15, 1997 Mayor Busho called the meeting to order with Councilmembers Anderson, Carroll, Edwards, Wippermann present. Also present were City Administrator Burt, Public Works /City Engineer Osmundson, Community Development Director Rogness, City Planner Pearson, Park Recreation /Community Center Director Topitzhofer, and Intern Bonkowske A. CMC Heartland Partners Concept Plan. Staff presented the most recent version of the proposed concept plan for the 226 -acre site east of Biscayne Ave. Staff identified issues that needed City Council direction. North -South Collector: The placement of the street connection on County Road 42 should be shifted to provide better access to future roads to the south. It was also stated that the cost of the road would be at the developer's expense. East -West Collector: The number of homes having direct access will be reviewed and efforts should be made to limit them as much as possible. Any home having direct access to this road will be required to have a turn around on the lot so future residents will not have to back out onto this street. Park: The size and location of the park were acceptable; however, a trail should connect to the northern portion of the large pond as part of the plan. The City will not accept the narrow park over the pipe line or along County Road 42. All trails and sidewalks will be required to be within a right -of -way or easement. Housing Tvpes: Four types of housing were proposed, including single family, townhomes, twin homes and cottage homes. Concern was expressed on the percentage of multiple dwelling units. The City Council emphasized they would like to see more amenities and detail of housing types and designs. Posting a Security: City Council suggested that CMC be required to post securities to assure improvements they are proposing are completed. The security will cover all roads, parks, amenities and common space improvements. B. New Subdivision Ordinance. Staff presented a new draft subdivision ordinance which had been prepared over the course of several months. The draft excerpted or modified language from other cities including Apple Valley. Bloomington, Eden Prairie, Lakeville and Coon Rapids. Among other things, the new draft includes a "sunset provision" which creates an expiration process for approved but unused preliminary plats and "premature subdivision" criteria. The Council directed Staff to enhance the lapse and extension provision to guarantee clarity. The City Attorney will be asked to participate with the final draft. Staff also presented a "two out of three" idea with the intent of eliminating minor technical variances for non -PUD subdivisions. The general consensus was to continue to use the PUD process consistent with past practice. A May public hearing for the new subdivision ordinance is anticipated. Respectfully submitted, Thomas D Burt, ity dministrator 1 1 M. Walsh ity Clerk ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE APRIL 15, 1997 The City C ncil Committee of the Whole Agenda Packet is Clerk's File 1997 -14. 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 15, 1997 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, Carroll, Edwards, and Anderson present. Also present were City Attorney LeFevere, City Administrator Burt, Assistant to Administrator Walsh, Public Works Director Osmundson, Community Development Director Rogness, Administration Intern Bonkowske, and Recreation Director Topitzhofer. Councilmentber Edwards led the group with the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 15, 1997 The Agenda was changed by pulling Item 6.i. Receive Feasibility Report for the McNamara Addition, City Project 282; additional information was submitted for Item 6.h. Receive Bids /Award Contract for Hawkins Pond Street and Utility Improvements, City Project 275; an item was added to the Consent Agenda, Item 6,j. Minnesota Valley Transit Authority Joint Powers Agreement; and an item was added to Old Business, Item 7.c. Broback Findings of Fact. Public Comments was opened by Mayor Busho. Beth Giliuson, 3625 143rd Street West, advised the City Council of a parking issue near the Rosemount High School. During sporting events parking by students, parents, and spectators is occurring even where prohibited. This is putting pedestrians and drivers at risk. Often both sides of the street have parked cars not allowing a normal flow of traffic. The streets most affected are Chili Avenue with parking on the hill and 143rd Street just south of the ballfield. The school parking lot usually has parking room available but it is farther to walk. Giliuson has talked with many neighbors and they would like to have the yellow no- parking line extended near the street corners, put up signs with a similar phrase to no parking for ballfield events", and have school coaches tell teams and spectators to use the school parking lot. Mayor Busho thanked Ms. Giliuson and directed staff to research this parking issue. Public Works Director Osmundson discussed a corridor study for CSAH 42 and forming an advisory committee. Metropolitan agencies would like resident and business input. Council submitted three names of residents and suggested one planning commissioner and one representative from Cannon Equipment. The Committee should meet for the first time next month. Public Works Director Osmundson reported on the Wetland Challenge Grant authorized by City Council June 18, 1996. Part of this process is public input to establish a set of community based priorities or a value system for individual or groups of' wetlands to serve as a basis for focusing water resource enhancement projects and guiding development activity. MOTION by Anderson to authorize the creation and function of a Wetland Planning Task Force. Second by Wippermann. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 15, 1997 Assistant to the Administrator Walsh introduced Bill Morris of Decisions Resources, Inc. Morris reviewed the results from the community survey of 401 residents conducted between February 8 and March 3, 1997. The results indicated that Rosemount citizens were very pleased with their community. Now, more residents see Rosemount as a "suburb" rather than a "small town." The household median yearly household income is $58,500 which is double what it was in a 1989 survey. Over 80% of residents approved of the maintenance of street lights, removal of litter from city streets, parks, trails, condition of picnic facilities and play equipment in city parks, police response time to calls, enforcement of traffic laws by police departments. and outdoor skating rinks. A solid majority felt that code enforcement with respect to animal control, garbage disposal, junk cars, messy yards and noise was "about right." However, 32 of the respondents rated the enforcement of the junk car ordinance as "not tough enough" and 24% felt similarly about the enforcement of "messy" yards Community spirit, friendly people and knowing your neighbor were important to the majority. Overall, residents are happy to live in Rosemount. MOTION by Edwards to approve the Consent Agenda with the removal of Item 6.i. and additional information for Item 6.h. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. Community Development Director Rogness reviewed what the Port Authority had approved for the Endres Development Contract. Endres produces poultry feed and proposes to build a plant in the General industrial area east of Highway 52 and north of Highway 55, near Koch Refining. A public hearing was held April I for Tax Increment Financing approval for the project MOTION by Carroll to approve A RESOLUTION APPROVING CONTRACT BETWEEN ROSEMOUNT PORT AUTHORITY AND ENDRES PROPERTIES, LLC. Second by Edwards. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Administrative Intern Bonkowske presented an ordinance that would regulate temporary sidewalk signs. These signs would be allowed to be displayed six times a year for a maximum of ten days. The placement of these signs would be limited to businesses adjacent to the right -of -way. Special event signs such as steak fry, craft sale, etc. would be allowed assuming they continue not to be frequent and are picked up promptly. Mayor Busho noted that city staff would need to insure enforcement. MOTION by Carroll to adopt AN ORDINANCE AMENDING THE CITY ZONING CODE ORDINANCE B, REGARDING THE REGULATIONS FOR SIDEWALK SIGNS. Second by Anderson. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Community Development Director Rogness presented the resolution showing findings of fact for denial of the replat of the Broback Industrial Park. Council requested that the reason of excessive lot depth be removed from the drafted resolution. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 15, 1997 MOTION by Busho to approve A RESOLUTION FOR DENIAL OF THE REPLAT OF THE BROBACK INDUSTRIAL PARK WITH LOT WIDTH VARIANCES BASED UPON FINDINGS OF FACT as amended. Second by Edwards. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Assistant to the Administrator Walsh presented a request from McDivot's Sports Pub and Eatery to amend the On -Sale Liquor Licenses to allow alcoholic beverages to be served on an existing patio located to the north of the building. Ornamental black iron railing would be installed around the patio area Walsh explained that stafffelt that alcohole should not be served past 10:00 p.m. rather than be allowed to remain open until 1:00 a.m. This time restriction would help to curtail noise that might disrupt people in the senior high rise and condominium adjacent to this property. Rob Moen, manager of McDivot's, spoke in behalf of the request. Moen noted that in past years motorcyclists had caused late night noise problems, hut now the cliental has changed and that should no longer be troubling. McDivot's believes that an outdoor patio will appeal to local business people. area baseball teams and others who enjoy the cooler evening air. They do serve dinners until 11:00 p.m. and would like the hours for the patio to remain open until then. Council requested that the adjacent residents of the senior high rise and condominiums be notified of this potential change so that their opinions can be noted. MOTION by Edwards to table the decision on a request from McDivot's Sports Pub and Eatery to amend the On -Sale Liquor Licenses until May 6, 1997. Second by Busho. Councilmember Anderson requested discussion. Edwards withdrew his motion and Busho her second. Councilmember Anderson noted that a past owner had served alcohol on the patio at that location and perhaps some history of that could be obtained. MOTION by Edwards to table the decision on a request from McDivot's Sports Pub and Eatery to amend the On -Sale Liquor Licenses until May 6, 1997. Second by Busho. Ayes: Five. Nays: None. Motion carried. Public Works Director Osmundson presented two streets to add to the Municipal State Aid Streets which makes that street eligible for receiving Municipal State Aid fiends for construction and maintenance. The streets being added are Clark Road and Conley Avenue. MOTION by Anderson to adopt A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS: CLARK ROAD FROM I4OTH STREET EAST TO CSA13 42 AND CONLEY AVENUE FROM 140TH STREET EAST TO CSAH 42. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. 1 1 City Administrator Burt requested City Council to consider another date for the Goal Setting Workshop. It had been set for April 25th but not everyone on City Council was able to attend and staff recommends that it be changed. Burt noted that the 10 year CIP budget draft will be available in two weeks which would be good to discuss at this meeting. Council discussed various dates and decided upon May 16, 1997. MOTION by Busho to change the special goal setting meeting to Friday, May 16, 1997, at 9:00 a.m. Second by Carroll. Ayes: Five. Nays: None. Motion carried. Upcoming events are April 21, HRA Senior Housing Ground Breaking, 3:30 p.m.; April 23, Koch Neighborhood Meeting, 7:00 p.m.; April 25, Employee Recognition Lunch, 11:30 p.m.; and April 26, Community Center, Inter Generational Dialogue. 3:30 a.m. to 2:30 p.m. Mayor Busho adjourned the meeting at 9:35 p.m. Sus M. Walslytity Clerk The City Council Agenda Packet is Clerk's file 1997 -15. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 15, 1997 Respectfully submitted, Linda Jentink, Re ording Secretary Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 6, 1997 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmernbers Anderson, Wippermann, Carroll, and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, Assistant to Administrator Walsh, Public Works Director Osmundson, Community Development Director Rogness, Parks Recreation/Community Center Director Topitzhofer and Police Chief Knutsen. Mayor Busho led the group with the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 6, 1997 An additional item was added to New Business on the Agenda, Item 8.b. Change May 20, 1997 City Council Meeting Start Time to 8 P.M. Information was distributed to City Council for a change on the minutes of the Committee of the Whole for April 15, 1997; a list of Police Incidents at McDivot's Location; and Councilmembers received the Goal Setting Workshop Packet. Public Comment was opened by Mayor Busho. Roger Neitzki, 3999 144th Street West, noted that he has had repeated problems with litter and dust coming from development areas in Shannon Hills and Shannon Meadows. Debris and hay from grass seeding have literally covered his yard as well as a neighbor's yard. Neitzki reasoned that developers should be responsible for their actions. Councilmember Carroll had viewed Neitzki's yard and agreed it was a mess because of the construction going on in the area. Carroll suggested that storm fencing would help contain debris. City Administrator Burt said he would review the permitting process for developers to determine how restrictions apply. Mayor Busho thanked Mr. Neitzki for his continents. Response to Public Comment was given by City Administrator Burt regarding the parking issue by the Rosemount High School athletic fields. Public Works, Police, and Parks Recreation departments had met to determine a reasonable solution. Letters were mailed to the Rosemount High School administration and coaches. The coaches said they would mail letters to parents of participants also. The yellow no parking line on the curb was extended further near the corners of Chili Avenue and 143rd Street. The Police Department will continue to monitor parking and ticket violators Beth Giliuson commented that she appreciated the action taken and noted that it is much improved. Giliuson noted that the lower parking lot is used for drivers education and so further problems may evolve. Mayor Busho noted further communication may be needed with the high school if that lower parking lot is closed to public use. Councilmember Edwards appreciated the pro active approach taken by residents. Edwards had talked to Steve Toombs who also lives on 143rd Street and Toombs plans to distribute a flyer with information on parking Edwards had concerns about the extra traffic at 7:30 a.m. and 3:00 p.m. due to students at the high school and he would like consideration of diverting tragic back to Highway 3 rather than continuing to use Chili Avenue. This will he discussed further at the Goal Setting Workshop. Community Development Director Rogness presented the "public notice sign" to be used to post on the property affected by a zoning change or an upcoming public hearing. Residents within 350 feet of the affected land receive written notice by mail and a notice is published in the Rosemount 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 6, 1997 Town Pages. The first site this sign will be used on is the Kindercare lot south of County Road 42 on Shannon Parkway. This summer will be a trial period for usage of the sign. After feed back, any wordage or color changes could be incorporated into a future signs. Mayor Busho suggested a phone number be placed on the sign to a message option line rather than to the department secretary. MOTION by Wippermann to approve the Consent Agenda with the addition to the minutes of the Committee of the Whole from April 15, 1997. Second by Edwards Ayes: Five. Nays: None. Motion carried. Parks Recreation/Community Center Director Topitzhofer presented the bid results for Erickson Community Square Shelter. The bid was originally done a year ago with resulting costs over the expected amount. The design and size of the shelter were reduced and staff recommends approval of the bid to Min -Kota Building Systems, Inc. Of the total cost of $212,555.00 donations were received from various businesses and organizations in the amount of $178,000.00 This leaves $33,970 to be used from the Park Improvement Funds. The building will be air conditioned, have restrooms accessible both from the outside and inside, have eight windows, will be bricked half way up on the sides, have cedar siding on the upper wall, and a plaque inside honoring those who helped build the shelter An agreement has been reached with the National Guard Engineering Corp to remove excavated material, which will reduce the building costs by $8,000. Also John Loch has sold bricks to raise funds which will be engraved with the donors name for a brick walkway. MOTION by Carroll to accept the bids for Erickson Community Square Shelter and to award the contract to Min -Kota Building Systems, Inc. Second by Anderson. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Assistant to the Administrator Walsh presented a review of the April 15, 1997, City Council meeting discussion of the request for an amendment to McDivot's Liquor Licenses to serve alcoholic beverages outside on a patio adjacent to the north and east sides of the building Staff has received several letters in opposition due to the possibility of disturbing the peace of the residents in the apartments directly to the east. The City Council's decision originally was postponed to allow time to notice the nearby residents and obtain feedback. The owner, Bill Schneider, met with neighboring residents to answer questions and explain his business expansion. Ms. Kathy Schneider, McDivot's owner along with her husband William Schneider, spoke in behalf of the amendment. Schneiders have improved their restaurant and bar business by changing the cliental and plan several indoor improvements. If the amendment is approved it will allow additional income by appealing to business and family groups and by emphasizing the menu. Because of Minnesota's weather, there will probably only be 30 to 40 days which will be nice enough to serve outside. Schneider requested the patio closing times to be 11:00 p.m. Sunday through Thursday and 12:00 p m. on Friday and Saturday. This would allow people who play sports and others who enjoy the cooler evenings to take advantage of the outdoor eating and drinking. The patio would always be monitored by staff. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 6, 1997 Peggy LeRoy, 2900 Rosemount Plaza Senior Citizens Apartments, wished the Schneiders luck, however, living next door to the noise and music late at night was discomforting. LeRoy recommended that 11:00 p.m. on Friday and Saturday would be better. Trudy Meyer, 14575 Burma Avenue, requested City Council not to grant this amendment. This will only add to the already annoying late night noise. Bill Schneider answered some questions from Council. He noted that there would not be any music out on the patio. The later closing time would really be required to break even financially. The height of the wrought iron fence would be four feet, the reason being expense and anyone determined to get in would climb a five or six foot fence just as easy. The fence would extent from the east wall of the building next to the door and follow around to the north side just before the entry door there. Councilmember Wippermann commented that he would like the main focus to be food, similar to Doolittle's outdoor patio in the City of Eagan and not become like a beer tent. Councilmember Edwards would like to see the fence height raised Steve Kopel, 13757 Danbury Path, owner of McDonald's, noted that in Minnesota it is hard for business to get ahead Kopel commented in favor of McDivot's requested amendment. He noted how the reputation has changed, the cliental is not rowdy; and this would be a good addition to downtown Rosemount. It would offer something in Rosemount which may draw people to shop here too. Joyce Dornquast, 15576 Cornell Trail, also spoke in support of McDivot's request. Lib McDonough, 14575 Burma Avenue, stated that if this amendment is approved it should provide some restrictions and be on a trial basis. Mayor Busho noted that she has gotten calls of support from other business owners and Chamber of Commerce members. The seniors apartment building is between the two bars and restaurants establishment which is unfortunate but a fact. Busho stated that the patio amendment would be an improvement to the downtown but it should be on a trial basis. City Attorney LeFevere noted that upon the January 1 renewal of McDivot's liquor licenses the patio could be reviewed but revocation would have to be justified. Schneider noted that he would not want his standing liquor license to be jeopardized by this amendment. LeFevere suggested continuing this to the next meeting so staff could finalize an agreement with conditions and Schneider would have time also to consult with legal counsel. Councilmember Carroll noted his concern about the noise. However, Carroll felt this patio area would be an improvement for McDivot's and that Mr. Schneider has been a good business owner in Rosemount_ Carroll is in favor of a trial period. Councilmember Wippermann favored an operating time up to 10:30 p.m. during weekdays. Councilmember Edwards would support this 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 6, 1997 amendment with the right conditions in the agreement. Edwards questioned if motorcycle parking could be restricted. Councilmember Anderson would agree to a trial period. MOTION by Edwards to direct staff to draft an agreement with conditions for the Amendment to McDivot's Liquor Licenses in the next two weeks and have obtained an executed document from McDiviot's. Second by Busho. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Public Works Director Osmundson commented on Dakota County's Capital Improvement Program 1997-200L Some highlights were: additional land purchase for Spring Lake Park; Fahey Avenue may need to be blacktopped in the future due to the expanded park; the Highway Shop on Biscayne has an addition planned; County Road 46 from Diamond Path and eastward will have street improvements with a bikeway; CSAH 42 turn lanes and urban section from Dodd Boulevard to Highway 3. Although not listed, Council again requested funding for a Rosemount library. MOTION by Edwards authorizing staff to send a letter to Dakota County stating the City's position on the Dakota County CIP 1997 2001 with mention of funding for a library. Second by Wippermann. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Ayes: Five. Nays: None. Motion carried. Councilmember Anderson removed herself from the diocese for the proceeding item due to conflict of interest. Community Development Director Rogness presented the AAA Auto Salvage Planned Unit Development Final Development Site Plan. This would include construction of a new 34.000 square foot building on the ten acre expansion area. The older building will be available for rental space or lease. Additional landscaping in place of a deficiency in green space will be required along the northern border. MOTION by Edwards to adopt A RESOLUTION APPROVING THE GENERAL INDUSTRIAL PUD FOR AAA AUTO SALVAGE with conditions as added and amended. Second by Carroll. Ayes: Wippermann, Busho, Carroll, Edwards. Nays: None. Self removed: Anderson. Motion carried. MOTION by Edwards to change the start time of the May 20, 1997 City Council meeting to 8:00 p.in. due to the local School Board election. Second by Busho. Ayes: Five. Nays: None. Motion carried. Two Councilmembers are unable to attend the May 19, 1997 Committee of the Whole meeting. Consensus was to cancel the meeting. Mayor Busho noted that Arbor Day left some very positive images of our City. Busho was unhappy that the final draft of the Community Survey will not be available until after the Goal 1 1 Setting Workshop. Councilmembers mentioned some items they wanted discussed at the Goal Setting Workshop. Up coming events: Utilities Commissioners Tour, May 12; Goal Setting Workshop, May 16; and City -Wide Garage Sale, May 16 -17; Mayor Busho adjourned the meeting at 10:03 p.m. 7;0 Sus ah M. Wad, City Clerk The City Council Agenda Packet is Clerk's file 1997 -16. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 6, 1997 Respectfully submitted, Linda Jentink, Re ording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 20, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 20, 1997 at 8:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Wippermann, and Carroll present Also present were City Attorney LeFevere, City Administrator Burt, Assistant to Administrator Walsh, Public Works Director Osmundson, Community Development Director Rogness, Parks Recreation/Community Center Director Topitzhofer and Finance Director May. Public Works Director Osmundson led the group with the Pledge of Allegiance. The Agenda was adjusted. One item was pulled from the Consent Agenda, Item 6. f Hiring of Police Officer. Response to Public Comment was given by City Administrator Burt regarding construction debris from the Shannon Meadows Development as reported by a neighbor. Review of our policy showed that the regulations in place are consistent with other communities. These regulations control debris and erosion effectively. Staff is directed to monitor development sites especially when high winds occur. Community Development Director Rogness reported on the Commercial Plan for the City of Rosemount. Rogness felt strongly that a connection between the "old" and the "new" downtown areas should be made. A walk way going from the Community Center to the high school to the commercial center is planned. Also, south of the Kwik Trip Convenience Store and Gas Station on Highway 3 additional streetscaping would be planned south to the CR 42 intersection with signage. Extension of the new lighting on 145th Street West is also planned. The last focus group met in December of 1996. Additional input will be requested from that focus group, business owners, Dakota County officials. Minnesota Department of Transportation and utility companies involved in order to coordinate and plan a financially feasible project within thirty days. Financing many of the improvements will be challenging. RLK Associates will help with an action plan phased in a five to ten year period. Councilmember Carroll noted that the Downtown Redevelopment District Plan will expire in the year 2000. Carroll asked if the Plan can be amended. Community Development Director Rogness was unsure if it will have $400,000 or not, but a budget would be established. The Tax Increment Financing report to the State will tell us exactly how much money to expect. All debt obligatons will be met in 1999 and the Plan can be amended prior to 1999. Rogness noted that the effects of the recent legislation need to be established in the next month or two. Councilmember Wippermann was concerned about design guidelines and building materials. Rogness noted that RLK Associates will address that issues in their report. Mayor Busho asked for regular updates. Mayor Busho noted that the U.S P.C.I. Community Trust Fund may have funds available for improvements in the commercial areas of Rosemount. Also, SKB contributes Host Community 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 20, 1997 Fees to the City which may be available. Busho requested additional input from the community including volunteer organizations. Community Development Director Rogness gave an update on the Mississippi National River and Recreation Area Grant. The City is receiving $8,500 which will be matched by in -kind services. Staff intends to hire a consultant to assist with the planning effort as they already have a full schedule. A management plan for the Mississippi National River and Recreation Area will be evaluated with the City's Comprehensive Guide Plan to further protect the river area both for water quality and visual impacts Rosemount has approximately two to three miles of river frontage. MOTION by Wippennann to authorize the Mayor and City Administrator to execute the Mississippi National River and Recreation Area Local Funding Assistance Funding Agreement. Second by Carroll. Ayes: Carroll, Edwards, Wipperntann, Busho. Nays: None. Motion carried. Public Works Director Osmundson presented a proclamation to the Mayor to honor those that maintain public facilities and services. John F. Kennedy was the first president to proclaim "National Public Works Week" which is May 18 through May 24 this year. Staff would like to thank the City Council for allowing the needed improvements to the streets and utilities. Osmundson noted that the group of men and women working for the City are excellent workers and make a great team. They have been able to provide residents with first rate maintenance and construction of the City's infrastructure. Mayor Busho agreed and thanked Osmundson and his staff. Mayor Busho made the proclamation to have "National Public Works Week" on May 18th through May 24th, 1997. MOTION by Carroll to approve the Consent Agenda after removal of Item 6.f Hiring of Police Officer and 6.i. Adopt Resolution to Amend McDivot's Liquor Licenses pulled for discussion following this motion. Second by Edwards. Ayes: Four. Nays: None. Motion carried. Mayor Busho opened the discussion regarding the proposed amendment to McDivot's Liquor Licenses. Alta Knebel, 2900 145th Street West, Rosemount Plaza Senior Citizens Apartments, noted that McDivot's had excellent food and service, but because she lived on the west side of the apartment building, she was very aware of the noise. This past week the doors have been open and the music has been very loud. Knebel felt the new patio area would invite noise and music from inside if the doors are left open. Owner Bill Schneider responded that the air conditioning was currently not working, but will be repaired on Friday. The doors will not be left open after the air conditioning is repaired. Assistant to the Administrator Walsh reviewed the liquor amendment conditions agreed to by Mr. Schneider which allows City Council to review the amendment again when McDivot's liquor license renewal takes place. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 20, 1997 MOTION by Carroll to adopt A RESOLUTION APPROVING AN AMENDMENT TO WILKAT, INC. d.b.a. McDIVOT'S PUB EATERY ON SALE INTOXICATING LIQUOR LICENSE AND SPECIAL SUNDAY ON SALE LICENSE APPLICATION. Second by Busho. Ayes: Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Finance Director May presented a 1997 Bond Issue which would provide $2,800,000 General Obligation Improvement Bonds for four large city projects. These projects are as follows: 1) Project 275 Hawkins Pond; 2) Project 277 1997 Street Utility Reconstruction; 3) Project 280 Geronime Pond; and 4) Project 282 McNamara Addition. Bids will be opened Tuesday, June 17, 1997, at 11:00 a.m. at the offices of Springsted Inc. MOTION by Edwards to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,800,000 GENERAL IMPROVEMENT BONDS, SERIES 1997A. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Wippermann. Nays: None. Motion carried. Parks and Recreation/Community Center Director Topitzhofer presented a design for new playground equipment at Connemara Park and Schwarz Park. The designs include large structures for children ages 5 to 12 with wheelchair accessibility, and additional structures for children ages 2 to 5 shaped like a dinosaur and a covered wagon. This will bring these parks into compliance with the American Disabilities Act. Pea rock is recommended to be used as a ground cover for optimum safety. The product is aluminum and plastic with a 100 year warranty. MOTION by Edwards to approve the bids for play equipment at Schwarz Park and Connemara Park and to award the contract to Earl F. Anderson, Inc. Second by Wippermann. Ayes: Carroll, Edwards, Wippermann, Busho. Nays: None. Motion carried. Parks and Recreation/Community Center Director Topitzhofer announced that the State of Minnesota has awarded Rosemount a $214,000 youth grant for the proposed Family Resource Center. Last weekend the National Guard 682nd Engineer Unit did the excavation for the new park shelter in Erickson Community Square. Fischer Sand and Aggregate of Apple Valley donated fill for that project. Mayor Busho noted that Wednesday, May 21st, is the informational meeting for installation of major transmission lines on Highway 3. Busho also reminded all about the upcoming D.A.R.E. graduations. Mayor Busho adjourned the meeting at 8:50 p.m. Susan Walsh, tty Clerk The City Counc' Agenda Packet is Clerk's file 1997 -18. 3 Respectfully submitted, Linda Jentink, Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 3, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 3. 1997 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, Edwards, and Carroll present. Councilmernber Wippennann was absent. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Community Development Director Rogness, and Parks Recreation/Community Center Director Topitzhofer. Angie Dickson from Community Action Council and Sheila Klassen from Rosemount Partnership led the group with the Pledge of Allegiance. Additional information was presented to City Council as follows: a letter was received regarding the Marotzke Lot Division, Item 6.g Geronime Pond, Item 8 b the Ordinance was revised; Biscayne Pointe, Rezoning. Item 8. a. recommended to table the rezoning. the May 20, 1997 regular minutes were clarified. There were no Public Comments presented or Response to Public Comments at this meeting. Parks Recreation/Community Center Director Topitzhofer announced the award of a Youth Initiative Grant from the Minnesota Department of Children, Families and Learning for the construction of the Rosemount Family Resource Center in the amount of $214,000. Additional funding has been pledged from the McKnight Foundation, Northern States Power Company, and U.S P C.I. Community Trust Fund. The balance of the project amount is 560.000 which staff and involved agencies will continue to seek funding for. Tentative drawings of the site plan and floor plan were presented. The community continues to be drawn into the project as a teaching tool by having die Alternate Learning Center students from Independent School District 196 aid in the fall constriction. Topitzhofer mentioned several people who have had a real commitment to push forward with this innovative joint project: Thomas D. Burt. City Administrator; Penny Butler, Rosemount Activities Program(RAP); Angie Dickson, Community Action Council; and Sheila Klassen, Rosemount Partnership Program The leadership and direction of these people made the difference. Parks Recreation/Community Center Director Topitzhofer noted that the grant has state requirements that a deed restriction be submitted with the deed because the funding is in twenty year bonds City Administrator Burt noted that it will be required that the intended use, or similar types of services be provided for twenty years The City fronts the costs of the project from Park Funds and then the state reimburses those costs in the amount promised. The resolution giving Mayor Busho authority to sign is within the Consent Agenda. MOTION by Carroll to approve the Consent Agenda after removal of Item 6.b. Minutes of May 16, 1997 Special Goal Setting Workshop and changes to the minutes of May 20, 1997 Second by Edwards. Ayes Four Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 3, 1997 Community Development Director Rogness presented the Biscayne Pointe Preliminary Plat for Heritage Development. The original development had been tabled on July 2, 1996 because it was not yet within the Metropolitan Urban Service Area (MUSA). The MUSA has now been extended so the new developer, Heritage Development, is requesting approval of the preliminary plat of Biscayne Pointe with a two acre park and street design modifications MOTION by Carroll to adopt A RESOLUTION APPROVLNG THE PRELIMINARY PLAT FOR BISCAYNE POINTE. Second by Anderson. Ayes. Carroll, Edwards, Anderson, Busho. Nays: None. Motion carried. MOTION by Carroll to table action regarding the rezoning from Agriculture to R -1, Single Family Detached Residential for Biscayne Pointe until final plat approval. Second by Edwards Ayes: Edwards, Anderson, Busho, Carroll. Nays: None. Motion carried. Community Development Director Rogness presented the final plat for the first phase of construction of Geronime Pond. The Planned Unit Development was approved in November, 1996 to include single family detached and attached Tots. The first phase will consist of mostly single family detached adjacent to the existing Winds Crossing and Valley Oaks neighborhoods to the north and the Shannon Pond East area which is currently under construction to the west. The second phase will consist of twin homes on the south and east sides The area consists of 37 acres with 101 lots developed for single family and twinhomes. Property owner Jim .Allen negotiated with Heritage Development for common parcels of land along the west side Price range of homes will be approximately $140.000 to $200.000. Grading will begin soon for a fall home construction start date. MOTION by Anderson to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR GERONIME POND. Second by Carroll. Ayes: Anderson, Busho, Carroll, Edwards. Nays. None. Motion carried. MOTION by Anderson to adopt an Ordinance rezoning Geronime Pond to R -1, Single Family Detached Residential, R -2, Single Family Attached Residential and P, Public Institutional Second by Carroll. Ayes Busho, Carroll. Edwards, Anderson. Nays: None. Motion carried. Cmrunmuty Development Director Rogness explained the background of the petition received from residents surrounding property at 12050 Dodd Boulevard owned by Jay and Therese Krech. The petition noted the violations of city ordinances by the operation of a business in a rural residential area. The land is currently zoned Agriculture with the Comprehensive Guide Plan guiding it to become Rural Residential. The Planning Commission in 1986 reviewed and approved the request by Krechs for a fancily landscape business. Other examples, Don Linkert Landscape in 1983 with no retail sales was approved; Ray Sachter Landscape, 1989, in an Agriculture District with some retail sales was denied April 9, 1997, Rogness sent a letter to Krechs with an interpretation of a home occupation. No reply was received. Therese Krech, 12050 Dodd Boulevard, Krech Landscaping, reported that they had retained an attorney who advised them to ask for a continuance because the attorney was not able to attend 2 1 1 this evenings meeting. Krech was also advised not to comment at this meeting. Attorney LeFevere noted that this is not a public hearing so no continuance would be necessary and that staff would have to do an investigation and then make a recommendation to the City Council. If remedial steps can be negotiated it may not be necessary to return this issue to City Council. LeFevere also noted that the residents may move forward with their complaint through the court system as state law protects the rights of residents. Dr. Kurt Walter- Hansen, 14390 Dodd Boulevard, spoke in behalf of the residents signing the petition against the Krech Landscape business. They would like staff to establish ifKrech's is in compliance with zoning ordinances. Jan Goedtel, 2980 120th Street, asked for clarification on when the City had contact with the Krechs. Councilmember Carroll asked staff to find out when the Krech's business in West St. Paul closed, what kind of winter activities take place, i.e. snow plowing, sanding, and is there screening for outside storage? Councilmember Edwards added that their tax payer number and a W-2 form copy with the State should be obtained. Councilmember Anderson requested the definition of home occupation verses a commercial venture and what different zoning districts allow. MOTION by Busho to receive the petition against the Krech Landscape, 12050 Dodd Boulevard. and to have staff investigate further. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Busho Nays: None. Motion carried. Announcements for up coming events are as follows: June 7, Star Spangle Banner Celebration in Farmington; June 16, 6:00 p.m. Lions Park Dedication; June 16, 6:30 p.m. Committee of the Whole meeting; and June 18, Dakota County Highway Informational Meeting on 160th Street Improvements. Mayor Busho adjourned the meeting at 8:40 p.m. Susan 1 Walsh ity Clerk The City Council Agenda Packet is Clerk's file 1997 -19. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 3, 1997 Respectfully submitted, Linda Jentink, Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 17, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. June 17, 1997 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, Public Works Director Osmundson, Community Development Director Rogness, Finance Director May, and Intern Ron Mullenbach. Maryann Stot el, Recording Secretary led the group with the Pledge of Allegiance. The agenda was amended to list item 7a. Accept Bids and Award Sale of General Obligation Improvement Bonds, Series 1997A under the consent agenda as item 61. There were no Public Comments presented or Response to Public Continents at this meeting. Dave Collins of Boeckermann, Heinen Mayer noted that they had completed the 1996 auditing of the financial statements for the City of Rosemount and was present in the audience to answer any questions regarding their findings. MOTION by Wippermann to adopt A RESOLUTION ACCEPTING THE 1996 AUDITED FINANCIAL STATEMENTS. Second by Edwards. Ayes Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Public Works Director Osmundson presented the Council a history of occurrences regarding the damage done by a City snowplow to the entrance way of the LeForet Addition. Ownership of the structure had not been determined. Restitution from the City's insurance company is being reevaluated. Judy Schostag, 4188 158'" Street West, representing her brother Devon Nordan, 4455 138"' Court West, who lives in the LeForet Addition, would like the monument to be reconstructed. Jim Sample, 4450 138 Court West, indicated he had bought his property in 1984 and was told at that time that the entrance way was deeded to the City at the same time the road was deeded to the City. Mayor Busho recapped the issues being discussed and indicated that not enough information was available with regards to the liability of such a structure, the obligation to maintain the structure; the ownership and placement if reconstructed. Steve Schmidt, Danville Court, felt that there needs to be a determination of who owns the property 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 17, 1997 MOTION by Edwards to table this items for two weeks and bring back to the July 1, 1997 City Council meeting for ftrrther discussion Second by Carroll. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. The agenda was amended at this time to pull item 6h. Fire Dept. Personnel Policy and Fire Dept. Ordinance, from the consent agenda and place immediately after consent for discussion. MOTION by Carroll to approve the Consent Agenda after removal of Item 6 h Fire Dept. Personnel Policy and Fire Dept. Ordinance and the addition of item 6 1 Accept Bids and Award Sale of General Obligation Improvement Bonds, Series 1997A Second by Anderson. Ayes: Five. Nays: None. Motion carried. Pat Long, fire fighter, expressed concerns with the proposed policy. Specifically two areas of concern were identified: (1) the term "at will" employees, and (2) the number of hours available for training. City Administrator Burt reiterated the fact that fire fighters were still protected by State /Federal laws and constitutional rights He further clarified that the payment for training hours were limited to 16 hours but that additional training costs would be continued to be paid. Council directed staff to review the policy and clarify all concerns with the Fire Fighters. MOTION by Edwards to adopt the Fire Department Personnel Policy and to adopt Ordinance No. X 5, An Ordinance Amending Title 6, Chapter 2, Pertaining to the Fire Department. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Public Works Director Osmundson recommended to Council a change order to City Project #266 to address drainage problems at Lower 14T Street and Canada Avenue. This change order added a cost of approximately $40,000 to the project. Osmundson attributed the drainage problem to the flat grade on Canada Avenue and failed upstream dry wells. MOTION by Anderson to authorize approval and necessary signatures for change order #2 to the 1996 Street and Utility Reconstruction Improvements, City Project 4266. Second by Wippernann. Ayes. Carroll, Edwards, Anderson. Wippermann, Busho. Nays: None Motion carried. Mayor Busho reviewed a letter from Minnesota Department of Revenue, Property Tax Division regarding the 1998 transit services levy limitation for operating costs and capital expenditures. MOTION by Busho to not levy for the tax, that the Met Council will do it and to authorize the preparation and signatures of the resolution and forward it on to MVTA so that they will know we will not be levying the tax. Second by Edwards Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 17. 1997 Community Development Director Rogness presented an overview of the concept plan for the Shannon Pond South Hampton Development. The concept plan is for 26.73 acres at the northwest corner of Shannon Parkway and 160' Street West and is currently zoned Agriculture. The proposal includes 17 single family dwelling and 10 twinhomes for a total of 37 new units. Mayor Busho opened the floor for public comments. Bruce Anthony, 4195 West 158' Street, is opposed to the proposal. He expressed concern with the twin homes. Carl Osterhaus, 4165 158t Street, is opposed to the twin homes and feels that the property values of the neighborhood would decline. He is also concerned w ith safety issues. Dana Werner, 4215 157t Street, is concerned with the final grade of the lots and the safety of the children Ms. Werner request that if concept plan is approved to condition it by not allowing 157 Street to be used to haul materials. Jim Burhardt, 4160 158"' Street, is concerned with the ownership of the twin homes. He would like to see a denial of the concept plan. Paul Brown. 4201 157' Street, felt that the City of Rosemount has enough multi family dwelling units and would like a denial of the concept plan. Amy Bell, 158' Street, was informed when they purchased their home that the area was to remain with single family dwellings This proposed twin home area would not be consistent with other homes in the area. Mr. Jim Allen from Hampton Development stated that the property values would be subjective; that twin homes usually produce less traffic than single family homes because the residents are typically young professionals or retired; the topography of the site is rather severe to grade for building needs and that the developer needs a higher density to make the project cost effective. Council Member Carroll concluded there would be less traffic due to the twin homes, the area would not produce any additional safety concerns above and beyond normal; there could be a possibility of an increase in density if not approved and that the consistency of surrounding properties would be maintained. Councilmember Wippermann noted that Hampton Development produces a very good product and there are positive qualities with consistency in maintenance due to an association However, Westridge development is single family and neighbors had the assumption that adjoining property would also be single family. Councilmember Anderson noted that while attending the Lions Park dedication that the area has a good feel of a neighborhood. MOTION by Anderson to adopt A RESOLUTION APPROVING THE REVISED CONCEPT RESIDENTLAL PLANNED UNIT DEVELOPMENT FOR SHANNON POND SOUTH Second by Carroll. Ayes. Anderson, Carroll Nays: Wippermann, Busho, Edwards. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 17, 1997 Motion fails. Mayor Busho commented that she voted on the premise that this is not an "infihl" area It should remain single family Mayor Busho recessed the Regular City Council meeting for a five minute recess at 9:55 p.m. The agenda was amended at the request of the developer for E K Enterprises to move to the end of New Business. Community Development Director Rogness reviewed with the Council the request from Robert E and Sheryl J. Fischer for the lot division, rezoning and site plan review for a truck terminal that will occupy 14.24 acres and operate out of a 10, 000 square foot building. This property is located on the south side of 140t Street East, approximately 500' east of STH 52/56. MOTION by Wippermann to adopt A RESOLUTION APPROVING AN AGRICULTURAL LOT DIVISION REQUESTED BY MARLIN AND JOANN RECHTZIGEL. Second by Edwards. Ayes. Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. MOTION by Wippermann to Adopt an Ordinance rezoning the 14.24 acre parcel from Agriculture to General Industrial in conformance with the Comprehensive Guide Plan. Second by Edwards. Ayes: Busho, Carroll. Edwards, Anderson, Wippermann. Nays: None. Motion carried. Community Development Director Rogness reviewed the request from E K Enterprises for a mixed commercial use planned unit development for a portion of the McMenomy property. This PUD would consist of a mini storage facility on 5 32 acres and a convenience store with gasoline on 1.56 acres at the northeast corner of Chippendale Avenue and 160t Street. MOTION by Carroll to adopt A RESOLUTION APPROVING THE CONCEPT COMMERCIAL PLANNED UNIT DEVELOPMENT FOR E K ENTERPRISES AND SECURE MINI STORAGE, LLP. Second by Anderson. Discussion ensued with the Council regarding permitted uses for zoning classification and the combination of uses for the properties Vote on Motion. Ayes. Carroll, Anderson. Nays. Wippermann, Busho. Present: Edwards. Motion denied. MOTION by Edwards to approve A RESOLUTION APPROVING THE CONCEPT COMMERCIAL PLANNED UNIT DEVELOPMENT FOR E K ENTERPRISES AND SECURE MINI STORAGE, LLP as revised for mini storage only. Second by Anderson. Ayes Edwards, .Anderson, Wippermann, Busho, Carroll. Nays: None Motion carried. Community Development Director introduced Ron Mullenback, Planning Intern, who will be working on updating the Comprehensive Guide Plan. The Mayor and Council welcomed Ron. 1 Mayor Busho adjourned the meeting at 11:15 p.m. Susa Walsh Clerk The City Cou u I Agenda Packet is Clerk's file 1997 -21. ROSEMOUNT CITI PROCEEDINGS REGULAR MEETING JUNE 17, 1997 Respectfully submitted, 979 ciernm-c_5 Maryann Stoffel, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 1, 1997 Preceding the meeting two new police officers, Julie Cummans and Chad Rosa, were introduced and welcomed to the staff at the City of Rosemount by City Councilmembers and the Mayor. Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 1, 1997 at 7:33 p in. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Edwards, Carroll and Wippermann present. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Community Development Director Rogness, Parks Recreation/Community Center Director Topitzhofer and Intern Mullenbach. City Administrator Burt led the group with the Pledge of Allegiance. A letter was presented to City Council commenting on the Carroll's Woods ordinance to ban bicycles. Charles Stauffer responded to Public Comment. Stauffer wanted to know if Hawkins Pond was being changed from a percolating holding pond to one which now holds water. The Mayor directed staff to research and respond at a future meeting. Public Works Director Osmundson gave an update on Dakota County highway system projects. The CSAH 42 Corridor Study which includes Dakota County, Scott County, Minnesota Department of Transportation, and Metropolitan Council and six cities has begun and has BRW as the consultant There will be an open house on July 24, 1997, at the Apple Valley Western Service Center Atrium to infomt and receive information from the public about this project. CSAH 42 has been named a principal arterial highway which will allow federal funding. BRW has started collecting facts on traffic counts and origin destination statistics. An advisory task force has been formed with about 30 people from area cities Councilmember Carroll requested a list of members of the task force. Other projects discussed were the CSAH 46 and 160th Street and the new Dakota County Transportation Plan. Mayor Busho noted that a work session meeting will be planned to meet with Dakota County on transportation issues. The Consent Agenda was considered. Item 6.a. Minutes ofJune 17, 1997 Regular City Council Meeting was pulled from the Agenda. Councilmember Wippermann questioned the cost split on Item 6.h. Approval of County Road 46 Engineering Agreement. Public Works Director Osmundson responded that it is the sane cost split used as in the past five years. MOTION by Carroll to approve the Consent .Agenda after removal of item 6.a. Minutes ofJune 17, 1997 Regular City Council Meeting Second by Edwards Ayes: Five. Nays: None. Motion carried. Mayor Busho explained the procedure used for Public Hearings and opened the Public Hearing for the Appeal of Variance Denial by Rosemount Woods Cabinet Shop. The recording secretary reported that the Affidavits of Posted, Mailed, and Published Notice were on file. ROSEMOUNT CITY PROCEEDINGS REG U LAR MEETING JULY 1, 1997 Community Development Director Rogness reviewed the Appeal of Variance Denial for Rosemount Woods Cabinet Shop The appeal relates to the north wall of the existing building which is nonconforming at the 25 foot setback. The Planning Commission conditionally approved a site plan for a 3,200 square foot expansion of the Rosemount Woods Cabinet Shop in which the new north wall of the expansion would be moved five feet to the south in order to comply with the side yard set back of 30 feet. Mayor Busho opened the Public Hearing for Public Comment Diane Michalski, Rosemount Woods Cabinet Shop owner, requested to remove the non conforming status of the existing north wall by this variance appeal so that if the occurrence of a fire, or other force, causing more than 50% destruction of the building happened, it could he rebuilt on the saute foot print preventing major additional costs of moving structural supports, etc. Charles Stauffer, 14582 Delft Avenue, is a neighbor to the Rosemount Woods Cabinet Shop and spoke in support of the variance appeal. Stauffer noted that each variance should he taken on an individual basis. MOTION by Busho to close the Public Hearing for the Appeal of Variance Denial for Rosemount Woods Cabinet Shop. Second by Carroll. Ayes: Five. Nays: None. Motion carried. Councilmembers discussed with the City Attorney and staff several actions and consequences of actions. MOTION by Carroll to grant a side set back variance sufficient to allow the continuation of the existing building in its current location and uphold the decision of the Board of .Appeals with respect to the addition for the Rosemount Woods Cabinet Shop at 14640 Diamond Path. Second by Edwards. Ayes: Carroll, Edwards. Anderson, Busho. Nays: None. Present: Wippermann. Motion carried. Community Development Director Rogness reviewed the request of Tom Bisch of Heritage Development for a rezoning and Planned Unit Development for 193 townhouse units for the Englert property combined with the northern half of the McMenomy property The property is guided for Business Park (BP) and can be developed for multiple family residential use if zoned BP -4 and is currently zoned A (Agriculture). Rogness noted that the Planning Commission approved the request with a 3/2 vote split. Discussion ensued regarding the closeness of the railroad tracks and if adequate park amenities were allowed. Tom Bisch of Heritage Development explained the berning, grading. landscaping, and homeowners association for upkeep and snow removal. Bisch estimated the townhome value at $100,000 with two car garages. Ed McMenomy, 15872 Chippendale Avenue, property owner, noted that although the land has been guided for Business Park along with the adjoining Wachter Lake land_ there has not been any serious inquires for purchase of the land or development by businesses. McMenomy noted that other Business Park zoned properties remain open in Rosemount that have not been developed in 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 1, 1997 the past eight years. McMenomy presented a market study of recent sales of homes west of the Englert property Harold Wachter, 15400 Chippendale Avenue, noted that many people like to watch trains which can be good Wachter said that as of right now many children play in his woods and he worries about their safety. Phil Sterner, 15666 Cicerone Path. noted that the school district doesn't need any more low income households requiring assistance programs for their children. Sterner said that this land is bordered by a four lane highway, railroad tracks, and a pond and is not conducive to residential housing. Sterner is against this development. Dan McNulty. 15670 Cicerone Path, was against putting residential housing this close to railroad tracks were trains move at 40 in p h McNulty knows that some railroad companies are considering expansions at this time which could increase the number of trains per day from eight to seventeen in the future and that the City could expect complaints. McNulty also noted that at times hazardous materials are transported on railroad tracks and derailment is always a possibility. McNulty asked Council to deny this development. Kathy Klonucky, Cornell Trail, stated she is a teacher and that supervision of children can no longer just be left up to parents Klonucky felt that everyone should have a concern if children are allowed to grow up were there are dangers from cars, trains, and water Kathy Baklund, 15622 Cornell Trail, noted that her house shakes now from passing trains How could these homes not be affected by their proximity to the railroad tracks? Diane Howell, 15676 Cicerone Path, was against the residential development. Marlin Englert, one of the land owners now residing in Brooklyn Park, spoke briefly about the project Alvin Hynes commented that commercial development could draw heavy traffic as well to this area. Mayor Busho said that both sides of the story had been heard and noted that this was not a public hearing. Council pointed out that this is a concept phase of the plan with room for adjustments and minor changes. Council understood concerns of resident, however, some precautions could be conditionally set in the development agreement. Council requested that a market analysis be provided prior to the final plat and that adequate private recreational space /facilities be provided within the development area to serve its residents. MOTION by Anderson to adopt a resolution, amended to include a market analysis and adequate recreational space, approving the concept residential planned unit development for Rosemount Commons a development by Heritage Development of Minnesota, Inc Second by Wippermann. Ayes: Edwards, Anderson, Wippermann, Carroll. Nays None. Present. Busho Motion carried. 3 1 1 Mayor Busho called for a five minute break at 9:50 p.m. The meeting was resumed at 9:57 p.m. Parks and Recreation/Community Center Director Topitzhofer brought the first reading of an ordinance directed from the Parks and Recreation Committee and Carrolls Woods Sub- Committee to ban bicycle riding in Carroll's Woods to reduce the amount of damage to trails and plant life. Topitzhofer explained that the land was purchased with grant money that was conditional requiring that the park would be protected as a natural and passive recreational area. Council felt that it would be very hard to enforce the ordinance other than by fencing the whole area. Council requested the Parks and Recreation Committee and Carrolls Woods Sub- Committee to consider ways to educate the public, provide bike racks to secure bikes at the entrance to the park, discuss misdemeanor tickets and if there is a benefit and to report back to City Council. City Administrator Burt gave an update on the city's Fire Department. The department's new personnel policy includes policies and procedures that were never addresses before such as a defined pay plan, appointment and removal of officers, and a grievance procedure. The Fire Department had an "Open House" on June 22. 1997, which was well attended by residents and many children. The Fire Department was authorized to hire nine new fire fighters which would bring the total firefighters to thirty -nine. Mayor Busho requested a change for the July 14, 1997 Committee of the Whole meeting. Schedules were discussed and it was moved to July 21, 1997, Monday, at 6:30 p.m. City Administrator Burt requested a budget meeting workshop. Council decided to combine the Dakota County Transportation Workshop with the Budget Workshop on Tuesday. July 29, 1997, at 6:30 p.m Mayor Busho adjourned the meeting at 10:24 p.m. Sus M Wal City Clerk Sus M al City Clerk The City Council Agenda Packet is Clerk's file 1997 -22. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 1, 1997 Respectfully submitted, Linda Jentink, Recording Secretary