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HomeMy WebLinkAbout33030 - JULY 15, 1997 - OCTOBER 19991 Intern Mullenbach led the group with the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 15, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 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 Edwards, Carroll, and Anderson present. Also present were City Attorney LeFevere, City Administrator Burt, Community Development Director Rogness, Parks RecreationvCommunuty Center Director Topitzhofer, Civil Engineer Litterer, City Planner Pearson, and Intern Mullenbach. The Agenda was amended by removing Item 7.a. Old Business, LeForet Entrance Monument as requested by a letter received from James Sample. Public Comment was received from Pat and Ann Domeier, 14557 Dahomey Avenue. On June 8, 1997, their residential sewer backed up into the basement with significant damage. Mr. Domeier wanted to make Council aware of the difficulty in reaching city staff on a weekend night. He did reach city staff through the Police Department dispatcher and they did come and correct the line problem. Letters had been sent to the mayor and city administrator for their review. Response to Public Continent was heard regarding Charles Stauffer questions on Hawkins Pond. City Administrator Burt noted Hawkins Pond will be clay lined at the expense of the developer. Community Development Director Rogness presented an update on the Connrercial Enhancement Plan. Short tenn projects include cost feasibility for lighting replacement along 145th Street east of Cameo Avenue to Burma Avenue; a walking trail from the Community Center to 143rd Street; and landscaping south of Kwik Trip to CSAH 42. Also under consideration are the Highway 3 Corridor, the Highway 42 Corridor, and funding options for a five to ten year phased plan. MOTION by Edwards to approve the Consent Agenda with a change in date for Item 6.i. from August 11, 1997, to August 13, 1997 for Approve Plans and Specifications and Order Ad for Bid for McNamara Street Utilities, City Project 282. Second by Carroll. Ayes: Four. Motion carried. Community Development Director Rogness presented an Essential Service Facilities Ordinance. This proposed ordinance is intended to regulate only those essential services that have the potential to create substantial impacts on the environment and character of Rosemount. MOTION by Edwards to adopt an ORDINANCE B, REGULATIONS FOR ESSENTIAL SERVICE FACILITIES with clarifications. Second by Carroll. Ayes: Anderson, Busho, Carroll, Edwards. Nays: None. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 15, 1997 City Planner Pearson reviewed the request of Arlender and Judy Nordvik to divide his property at 15280 South Robert Trail into two parcels. It is where Rick's Auto Body and Rosemount Marine are located. The Rosemount Business Park property is adjacent to this parcel and an access from Highway 3 through the Nordvik property is possible; however, this access would require a railroad crossing. A more southerly access is available without a railroad crossing. Staff recommended acquiring easement at this time until an access decision can be made. Council discussed the city fees of Storm Water Trunk Area Charge of $19,740; the Park Dedication Fee, S3,850 and a GIS Fee of $350. Arlender Nordvik, the property owner, noted that he is not a developer, nor is he changing the grading or building a new structure and so he felt he should not be charged the trunk storm water charges. Also Nordvik said the easement would make his buildings have non conforming setbacks and make it difficult to sell. MOTION by Anderson to adopt A RESOLUTION APPROVING THE ADMINISTRATIVE PLAT FOR ARLENDER NORDVIK AND JUDY NORDVIK. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson. Motion carried. City Planner Pearson presented the request by Curt and David Fischer to rezone five acres on the northwest corner of 160th Street West and Biscayne Avenue to General Industrial (GI) use. The property is guided for Business Park use. The Planning Commission recommended rezoning the entire 30 acre parcel to BP -1, Business Park. Fischers indicated they preferred GI zoning because it had more applications for the real estate market; however, they would accept the Council's decision of Business Park 1. MOTION by Carroll to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE for thirty acres owned by RCD Real Estate from Agriculture to BP -I, Business Park in conformance with the Comprehensive Guide Plan. Second by Edwards. Ayes: Carroll, Edwards, Anderson, Busho. Nays: None. Motion carried. The lot division for RCD Real Estate was revised to separate the lot into two parcels, a five acre lot and a twenty -five acre remnant. MOTION by Busho to adopt A RESOLUTION APPROVING THE LOT DIVISION REQUESTED BY RCD REAL ESTATE. Second by Anderson. Ayes: Edwards, Anderson, Busho, Carroll. Nays: None. Motion carried. City Planner Pearson reviewed a Subdivision Ordinance that regulates how land is divided into lots. The process used now is cumbersome and this will streamline the system and add some controls. This was also discussed at the April Committee of the Whole meeting. MOTION by Carroll to adopt the revised Subdivision Ordinance, AN ORDINANCE AMENDING ORDINANCE NO. XVII.4; THE SUBDIVISION ORDINANCE. Second by Edwards. Ayes: Anderson, Busho, Carroll, Edwards. Nays: None. Motion carried. Mayor Busho noted this will be a working document which will continue to be refined when necessary. Mayor Busho extended an invitation to all Councilmembers and their families to participate in the Leprechaun Days Parade on July 26. There will be a Carrolls Woods review of the Bike Ordinance at 6:30 p.m. on June 21, 1997. The History of Rosemount will be presented Tuesday evening July 22, 1997 at the Community Center in connection with the Summer Youth Camp program. The Utilities Commission has changed the date of its August meeting to August 18, 1997, at 6:30 p.m. Mayor Busho proposed a city wide celebration called "Cities Week" for the week of October 5 to October 11, 1997. The public works buildings and city hall would have open houses during that week. Council consensus was to participate with this League of Minnesota Cities sponsored program. Mayor Busho adjourned the meeting at 8:53 p.m. Susjln M. Walsh, ty Clerk The City Council Agenda Packet is Clerk's file 1997 -23. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 15, 1997 Respectfully submitted, Linda Jentink, Recording Secretary Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was held on Monday, July 21, 1997, at 6:30 p.ni., at the Community Center. Mayor Busho called the meeting to order with all members of the Council present. Also present were City Administrator Burt, Assistant to Administrator Walsh. City Planner Pearson and Public Works Director Osmundson. The following items were discussed: ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JULY 21, 1997 Commercial/Business park Uses Chippendale /County Road 46: Discussion was held on whether the property located between Chippendale Avenue and Highway 3 at 160th Street should be rezoned for commercial or retail use. E. B. McMemony requested that the council reconsider the recent action taken by the city council to deny McMenomy's request to have the property rezoned for a convenience store. Following additional discussion of Mr. McMenomy's request, the majority of the council indicated they were not in favor of rezoning the property for a convenience store at this time. Hampton Development- Gergen Fami Development Issues: Developer Jim Allen and staff reviewed a concept plan exclusively for single family detached lots. Staff reviewed potential variances. Staff will take the revised plan to the Planning Conmnission for their review and consideration. Krech Update: Staff updated Council on the Krech Landscaping issue advising that staff and the city attorney will be meeting with the Krechs and their attorney in the near future. The city attorney has responded to the Krechs' attorney's letter. Pre -Zone Land: Discussion was held on a request from staff to consider pre zoning land rather than waiting until approval of a final plat. The advantages and disadvantages were discussed. Council agreed there were some advantages to changing the rezoning process but would like more information on this concept. It was agreed that building and zoning standards should also be updated and in place with the pre zoning land concept. Water Treatment Plant: Staff suggested that the city may want to acquire land now for a future water treatment plant. Council agreed and directed staff to begin contacting owners of property that would be suitable for the city's first treatment plant. Fire Department Update: Staff provided an update to the Council on their most recent meeting with the members of the Fire Department with regards to the new personnel policy. Staff recommended that two sections regarding compensation be changed. Formal recommendation by staff will be given at the August 5, 1997 Council meeting. 1 1 Police Chief Recruitment Process: Discussion was held on whether a consultant should be used to recruit a new police chief or whether recruiting should be done by city staff. The meeting was adjourned at 10:00 p.m. The City Council agenda packet is Clerk's File 1997 -24. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JULY 21, 1997 Respectfully submitted, Susan Val ie.) i ty Clerk 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 29, 1997 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 29, 1997, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann, Carroll, Edwards present. Staff members present were Administrator Burt, Assistant to Administrator Walsh, Public Works Director Osmundson, Community Development Director Rogness, Finance Director May and Police Chief Knutsen. Lezlie Vermillion, staff member of the Dakota County Highway Department, reported on the status of the Dakota County Transportation Plan Policies and specifically how it relates to Rosemount streets and roads. She discussed 20 -year traffic projections. She also advised that Dakota County staff would not recommend that Highway 3 be designated a principal arterial road. She answered several questions and noted comments made by the Council. It was noted by the Council that County and State policies on spacing of accesses could have a negative impact on local businesses and attracting new businesses along State and County highways. Ms. Vermillion advised that County staff wants to work with cities over the next several years in determining which roadways, if any, in the county should be reclassified as principal arterial roads. Council members were given an update on the County Road 42 public information meetings which were held this summer. They were also advised that the County is currently conducting a study to determine if the County maintenance shop in Rosemount should be proved to another location. The next item discussed was the Commercial Enhancement Plan. Community Development Director Rogness reviewed with Council possible funding sources, staged improvements over a five year period and time lines for the remainder of this year. It was noted the open house would be a good time to receive input from business owners and residents. Council agreed with the outline of the plan. City Administrator Burt answered questions from the Council regarding the proposed 1998 budget. Burt noted a shift in tax classifications could cause the city's market rate to decrease. Council and staff discussed the return of levy limits and the new tax laws. Staff advised it was too early to determine the overall effect of the tax law changes from the 1997 legislative session, and the city's levy limit amount would be provided by the State by August 1. There being no further business, the meeting was adjourned. The City Council agenda packet is Clerk's File 1997 -25. Respectfully submitted, It Wal City Clerk 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 5, 1997 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 Edwards, Carroll, and Anderson present. Also present was substitute City Attorney Cole, City Administrator Burt, Assistant to the Administrator Walsh, and consultants Cy Smythe and John Simacek. Karen Cole led the group with the Pledge of Allegiance. There was no Public Comment or response to Public Comment. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 5, 1997 The Agenda was amended by removing Item 7.a. Old Business, LeForet Entrance Monument as requested by the residents involved to be placed on the August 19, 1997 agenda. Also, the Consent Agenda, Item 6. was amended to add Item 6.j. CDBG Fund Expenditure and additional information was provided for Item 6. h. Amendment to Fire Department Persotmel Policy. City Administrator Burt reviewed the Domeier's sewer backup insurance claim. Burt noted that city staff responded within forty -five minutes from the call on a Sunday evening and cleared the sewer line a short time later. City Attorney Cole noted that damages can happen without having anyone be responsible. John Simacek from Berkley Risk Services, the City's Risk Management Consultant, presented the argument that the City had not done anything to cause the sewer stoppage. Since the City is not at fault, it is not liable to pay for the damages. Also, if this claim would be paid because of feelings expressed, then a precedent would be created that would legally raise the level of payment for future claims. Burt also noted that the League of Minnesota Cities legal office has advised Rosemount to deny this insurance claim. Ann Domeier, 14557 Dahomey Avenue, did not understand how the City could not pay the sewer backup insurance claim. Domeier asked what it was that actually plugged the sewer. Burt noted that a jetter was used to clear the sewer line so there was no visual appraisal of what the material was. It was most likely not tree roots because it had cleared quickly. so whatever was put into the sewer line had accumulated and caused the stoppage. Pat Domeier said he was not satisfied with the City's response and that the idea of setting a precedent should not be more important. Consensus of the Councilmembers and Mayor was to follow the recommendation of the Risk Management Consultant as in the past and deny the Domeier's insurance claim. No action was necessary. MOTION by Edwards to approve the Consent Agenda with the addition of Item 6.j. CDBG Fund Expenditure and additional information presented for Item 6. h. Amendment to Fire Department Personnel Policy. Second by Carroll. Ayes: Four. Motion carried. 1 MOTION by Edwards to adjourn to a Closed Session for the purpose of discussing labor negotiations regarding a new labor agreement for the sergeants. Second by Anderson. Ayes: Four. Nays: None. Motion carried. The meeting was reconvened at 8:10 p.m. MOTION by Carroll to approve the Labor Agreement between the City and Law Enforcement Labor Services for 1997 and 1998 and to authorize the necessary signatures. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 8:12 p.m. M. ash, City Clerk The City Council Agenda Packet is Clerk's file 1997 -26. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 5, 1997 Respectfully submitted, Linda Jentink, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE AUGUST 18, 1997 Pursuant to due call and notice thereof a Committee of the Whole meeting was held on Monday, August 18, 1997, at 6:30 p.m. at City Hall. Mayor Busho called the meeting to order with Councilmembers Anderson, Edwards and Wippermann present. Administrator Burt, Assistant to Administrator Walsh and Finance Director May were also present at the meeting. A. 1998 Proposed Budget. City Council reviewed another draft of the proposed 1998 operating budget and capital improvements budget. Staff answered several questions asked by members of the Council. Considerable discussion was held on the property tax laws and levy limits. Council selected December 4, 1997, for holding the public hearing for the 1998 City Budget. B. Police Chief Hiring Process. Council and staff reviewed a proposal received from Personnel Decisions to do the selection process for a police chief. Council directed staff to continue working with this consultant and to finalize a process. It was decided that staff would provide copies of the advertisement and job description to the Council for their review. C. ImagefMarketing. City Administrator informed the Council that he had been working with the Wallace Group to develop a plan of how to use the recent community survey data. The focus of the discussion was on what image the City wants to have. This is the time to focus on the image and identify physical attributes that reflect that image so they may be part of the Comprehensive Guide Plan update and the zoning code. Discussion took place on the image MIRTS will have on the community and a concept plan for the University of Minnesota agricultural land. diao Susan M. Walsh, City Clerk Respectfully submitted, Thomas D. Burt, City Administrator The City Council Committee of the Whole Agenda Packet is Clerk's File 1997 -27. 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 19, 1997 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, Edwards, Carroll, and Anderson present. Also present was City Attomey LeFevere, City Administrator Burt, Public Works Director /City Engineer Osmundson, Community Development Director Rogness, Building Official Heimkes, and Intern Mullenbach. Councilmember Carroll led the group with the Pledge of Allegiance. There was no Public Comment or response to Public Comment. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 19, 1997 The Agenda remained unchanged. Council received a copy of a facsimile from the city's Risk Management Consultant regarding Item 7.a. LeForet Entrance Monument. Also, Item 8.b. Title 9 Rewrite (Uniform Building Code) was recopied to Council because it had been missing some pages. Mayor Busho introduced Jeffrey Cook in the audience as a future firefighter for the City of Rosemount. Cook was welcomed. MOTION by Edwards to approve the Consent Agenda. Second by Anderson. Ayes: Five. Nays: None. Motion carried. Public Works Director /City Engineer Osmundson reviewed the snow plow damage to the LeForet entrance monument on the north side of 138th Street. The city's insurance company denied payment because the city does not own this monument or property. At this time, no one else has claimed ownership. The monuments, on both the north and south sides of 138th Street were installed in 1978 at the entrance to 138th Street off Diamond Path by the developer. There was no association established among the ten neighbors to care for the monuments. Discussion was held on the pros and cons of the city establishing ownership of the monuments. Osmundson noted that a curb would be a preventive measure to avoid future snow plow damage. Attorney LeFevere noted that in future liability claims it may be helpful now to disclaim ownership which is covered under discretionary immunity. Greg Zeno, 13840 Darnel Court, spoke in behalf of the residents of the LeForet Development. Zeno noted that a building permit had been granted in 1978 by the City which he felt showed approval of the location at that time (within the right -of -way). Zeno stated, "The snow plow damaged the monument, we just want it fixed." The residents have held some meetings regarding the repair and may pursue the concept of an association in the future if necessary. Zeno requested that the lighting be replaced as well with an electrical outlet. MOTION by Edwards to direct the Public Works Director to seek the necessary bids and authorize work to restore the LeForet monument to the condition prior to the snow plow 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 19, 1997 accident. Additionally, the City of Rosemount does not claim ownership, care, custody, or control. Second by Anderson. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Public Works Director /City Engineer Osmundson noted that he would work with the neighbors in the LeForet Development during the repair of the monument. Community Development Director Rogness presented the findings of fact for the City Council's denial of the planted unit development for mixed housing from Hampton Development Corporation on April 2, 1997. Councilmember Carroll noted that he disagreed with numbers 1., 2., 5., and 7. within the resolution. MOTION by Wippermann to adopt A RESOLUTION FOR DENIAL OF A CONCEPT FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT REQUEST BY HAMPTON DEVELOPMENT CORPORATION BASED UPON FINDINGS OF FACT. Second by Edwards. Ayes: Busho, Edwards, Wippermann. Nays: Carroll, Anderson. Motion carried. Community Development Director Rogness reviewed the request by Hampton Development Corporation for Shannon Pond South for a single family residential development at the northwest corner of Shannon Parkway and 160th Street West. There are 39 single family homes proposed. The Planning Commission conducted a public hearing on August 12, 1997, and recommended approval of the concept plan. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR SHANNON POND SOUTH. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Wippennanm, Busho. Nays: None. Motion carried. Community Development Director Rogness introduced Building Official Heimkes to comment on the revisions to Title 9, Building Code Regulations. Heirnkes noted that the revisions updated the wording and added regulations that will allow the city to enforce common complaints by residents and insure safety. Councilmember Carroll noted an example of the City of Minnetonka which opted to form a board to issue penalties rather than have them go to the local court system. Attorney LeFevere noted that Minnetonka was able to do that by a Charter Amendment which is not possible in Rosemount since it is a Statutory City. A discussion incurred regarding operating times for construction. Council requested research on the surrounding cities requirements. MOTION by Edwards to table the adoption of Title 9, Building Regulations. Second by Anderson. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Mayor Busho announced August 20, 1997, at 11:00 a.m. there will be a dedication of new play equipment at Schwarz Pond Park. Councilmember Carroll noted that on August 21, 1997, at 4:30 p.m. there will be a Dakota County Economic Development Partnership at Old Chicago, in Apple Valley. Mayor Busho adjourned the meeting at 9:28 p.m. Susa M. Wals., City Clerk The City Council Agenda Packet is Clerk's file 1997 -28. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 19, 1997 Respectfully submitted, Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 2, 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 Edwards, Carroll, and Wippermann present. Also present were City Attorney LeFevere, City Administrator Burt, Assistant to the Administrator Walsh, Parks Recreation/Conmmnity Center Director Topitzhofer, Public Works Director /City Engineer Osmundson, Community Development Director Rogness, and Intern Mullenbach. Parks Recreation/Community Center Director Topitzhofer led the group with the Pledge of Allegiance. The Agenda was amended by moving Consent Agenda Items 6.1 Temporary On Sale Liquor License for Rosemount Jaycees to 8.c. and 6.m. Title 9, Building Regulations, Rewrite of City Code to 7.b. Public Works Director /City Engineer Osmundson requested discussion under Department Heads for a County Road 42 Update. A correction was noted for Consent Agenda Item 6.j. Final Acceptance of Streets Utilities, Shannon Meadows Addition, City Project 261 regarding the warranty date which should read June, 1999. There was no Public Comment or response to Public Comment. Public Works Director /City Engineer Osmundson noted that a meeting is scheduled on September 17, 1997, 5:30 p.m. to 8:30 p.m. regarding the County Road 42 issue which has been titled, "Coffee with Commissioners." Osmundson will be attending and requested that two City Councilmembers also attend. Councilmembers will contact Osmundson when they determine if they can attend. The Consent Agenda was discussed. MOTION by Edwards to approve the Consent Agenda with Items 6.1. Temporary On Sale Liquor License for Rosemount Jaycees and 6.m. Title 9, Building Regulations, Rewrite of City Code pulled for further discussion and the correction of year to 1999 in Item 6.j. Second by Wippermann. Ayes: Four. Motion carried. Assistant to the Administrator Walsh presented the American Disabilities Act (ADA) Accessibility Report for the City of Rosemount which were the results of recent surveys and evaluations of city facilities, programs, services, policies and parks. The public was invited to participate in the study and to attend this meeting. Announcements of the meeting were placed in three local papers and were telecast on the city's public access channel. One letter was received noting suggestions for responding to stroke victims. Also, this letter suggested benches in public areas for resting for recuperating patients or elderly. Julie Quarve- Peterson and Dinah Mass of RSP Architects assisted city staff in conducting the evaluation of city facilities, parks, programs and policies to determine accessibility issues with regard to the ADA. The final ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 1997 reports provide documentation of the present status of the City and give direction to staff to further improve and refine facilities, programs, and policies to comply with the ADA. The consultant's recommended priorities are guidelines and can continually change, and the reports should be considered a "working document." She also advised that overall the city meets many of the ADA regulations. Ms. Quarve- Peterson answered several questions asked by the City Council. Mayor Busho requested this issue to be placed on an agenda at a work session. MOTION by Wippermann to receive the American Disabilities Act Accessibility Reports. Second by Carroll. Ayes: Carroll, Edwards, Wippermann. Busho. Nays: None. Motion carried. Community Development Director Rogness answered questions regarding the Title 9, Building Regulations changes. Council had requested a survey of area cities to determine the common hours allowed for construction noise regulation. The survey results showed that the most common start time was 7:00 a.m. and end time was 10:00 p.m. Busho noted that based on residents complaints she would not agree with the 10:00 p.m. end time and thought that an 8:00 p.m. end time would result with Tess complaints. MOTION by Carroll to ADOPT ORDINANCE XVIII.10 PERTAINING TO BUILDING REGULATIONS. Second by Edwards. Ayes: Edwards, Wippermann, Carroll. Nays: Busho. Motion carried. Community Development Director Rogness reviewed the Town and Country Final Planned Unit Development proposal and rezoning. This is the McNamara Addition south of County Road 42 between Shannon Parkway and Chippendale Avenue, considered Outlot E. This is a twelve acre site planned for fourteen buildings and 72 units at a density of six dwelling units per acre. The Planning Commission recommended approval. Al Block of Town and County Homes answered questions regarding this project. The buildings allowed for single and double garages with stacked units in the five and six unit buildings. The building size is mixed with 4, 5, and 6 units. Those with stacked units include a main level unit without stairs which would be attractive to the elderly or disabled. The single garage units are marketed at young single workers. The deck color will be matched to the trim of the buildings. Mr. Kelly Mcgivem, 15173 Claret Avenue, is next to Town and County Homes proposed development. Mcgivem has concerns about the closeness and height of the town homes allowing residents to look into his yard and windows. Mcgivern suggested that the street be realigned to place the building more northerly with three other buildings thus making his lot a corner lot. The developer promised berming, lowering the building with an added retaining wall, and fewer decks than originally proposed. Mcgivem also was concerned about his property value going down. Councilmember Wippermann asked the value and size of the units. Block replied that the size is 1100 to 1479 square feet and the price is estimated from $90,000 to $140,000 with an average of 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2,1997 $120,000. Wippermann asked staff if any other development has been allowed with single garage development. Staff was unaware of another project proposing single stall garages. Ray Connelly, real estate agent for the McNamara's, has looked at a similar project in Eagan. Connelly noted that it was of very good quality. Councilmember Carroll noted that it would be in the best interest of Rosemount to have a higher value project; however, a sensitivity for what people are looking for is needed and this would give a diversity to those who may be single, divorced, or widowed. The developer believed there would be a market for them. City Attorney LeFevere noted that a 4/5 vote is required for rezoning and a majority vote for the PUD approval. MOTION by Edwards to adopt an ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE rezoning the property to R -2, Single Family Attached Residential from (A) Agriculture in conformance with the Comprehensive Guide Plan (mixed use PUD). Second by Carroll. Ayes: Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION APPROVING THE AMENDMENT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR THE TOWN AND COUNTRY ADDITION. Second by Busho. Ayes: Carroll. Nays: Busho, Edwards, Wippermann. Motion denied. Mayor Busho suggested to the developer to make changes to the Town and County plat and to resubmit them. The discussion included 1) two stall garages, 2) no stacking, 3) larger units, 4) possible basements, and 5) keep the additional landscaping. Mayor Busho requested that staff and City Attorney LeFevere draft a resolution of findings of facts for denial. Community Development Director Rogness presented the proposed development by Pulte Hones of Minnesota, Inc. which the Planning Commission has recommended. The 35 acre site is between County Road 42 and Biscayne Way. Pulte Homes proposed 138 units. Tree preservation was given a high priority. This project features detached town homes on fifty foot lots, and single level town homes in clusters of two and four. An association would be required to tend to yards and snow plowing on the courts. All units have two car garages and basements are optional to the buyer. Paul Wrolstad, 14545 Biscayne Way, was concerned about the small lots. On the east end of the development three Tots would be behind one residential lot on Biscayne Way. Drainage now ponds on the westem side of the site every spring. Staff noted the grading would change that. Scott Baldwin, 14555 Biscayne Way, noted that any children going to Biscayne Park will not have sid ewalks or safe intersections for crossing streets. Parks Recreation Director 3 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 1997 Topitzhofer noted that improvements are planned for Biscayne Park. The proposed development plans to have open green space, not play equipment. Guy Swartz, 14615 Biscayne Way, was glad to hear that that some of the trees are staying. He had concerns for drainage also. MOTION by Carroll to adopt AN ORDINANCE REZONING OUTLOT C, UNIVERSITY ADDITION TO R -2, SINGLE FAMILY ATTACHED RESIDENTIAL. Second by Edwards. Discussion ensued referencing that R -2 allows for detached town homes per the PUD, even though the Title of the Rosemount Ordinance refers only to attached units. Polling of motion as follows: Ayes: Carroll, Edwards, Wippermann, Busho. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT FINAL PLAN AND PRELIMINARY PLAT FOR PULTE HOMES OF MINNESOTA. Second by Edwards. Discussion followed. Mayor Busho requested that further negotiation on the subdivision agreement and PUD be encouraged to change to 12 foot driveways or curb cuts at the street to aid in snow placement and to have the development association care for snow plowing in the cul -de -sacs. Staff agreed and noted that the process allows for review of the City Council one more time before final acceptance. Polling of motion as follows: Ayes: Carroll, Edwards, Busho. Nays: Wippermann. Motion carried. Wippermann noted that he did not approve of the fifty foot lots. Mayor Busho called for a recess and the meeting was reconvened at 10:33 p.m. Assistant to the Administrator Walsh presented a Special Event Permit requested by the Jaycees for Octoberfest on October 3 -5, 1997, in the Erickson Park hockey rinks. There will be food and merchandise vendors and live entertaimnent with the stage located between the two hockey rinks. Additional police coverage for the event will be required at a cost of $2,880. Staff recommended that this amount be placed in escrow. Event Coordinator Keith Wunder -Joyce requested that the City Council receive a payment of $1,440 prior to the event with the remainder to be paid from profits. and that excess revenues would be donated to the city for the amphitheatre. Following considerable discussion, Council consensus was the entire amount should be paid before the event unless the events committee could provide an appropriate alternative. MOTION by Carroll to approve issuance of a Special Events Permit for Octoberfest, October 3- 5, 1997, subject to receiving certificate of insurance and acquired escrow for police time. Second by Wippermann. Ayes: Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. 1 MOTION by Edwards to approve a Temporary On Sale Liquor License for the Rosemount Jaycees for Octoberfest on October 3 5, 1997. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Wippermann. Nays: None. Motion carried. City Administrator Burt reviewed the need to replace our retiring Police Chief Lyle Knutsen by the start of 1998. Staff had contacted the firm of PDI specializing in this type of personnel search. Harry Brull of PDI presented a proposed time table for ads and interviews in order to accomplish the hiring by January 1. Brull suggested an Advisory Panel be formed with upper and lower management. Brull would expect twenty or thirty applicants. PDI will also do an evaluation after the new chief has been with the city six months. MOTION by Busho to enter into an agreement with PDI for a Police Chief search Second by Edwards. Ayes: Carroll, Edwards, Wippermann, Busho. Nays: None. Motion carried. Mayor Busho noted that Basic Builders will have an Open House for Hawkins Pond on September 4, 1997. Mayor Busho adjourned the meeting at 11:45 p.m. Respectfully submitted, Susdn M. Wp sh, City Clerk The City Council Agenda Packet is Clerk's file 1997 -29. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 1997 Linda Jentink, Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 16, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 16, 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 Carroll, Wippemtann, and Anderson present. Also present were City Attorney Conine Thomson, Assistant to the Administrator Walsh, Parks Recreation/Community Center Director Topitzhofer, Community Development Director Rogness, and Intern Mullenbach. City Attorney Corrine Thomson led the group with the Pledge of Allegiance. The Agenda was amended by pulling Item 7.a. Town and Country Homes Planned Unit Development: Findings of Fact for Denial by letter request of Attorney Mary S. Ranum. There was no Public Comment or response to Public Comment. Parks Recreation/Community Center Director Topitzhofer reviewed the development of the Rosemount Partnership Program with the Community Action Council. A more permanent facility was desired to better serve the neighborhood and so the Rosemount Family Resource Center was planned. Grant applications have been largely successful due to the community involvement. Funds have been raised in the amount of $294,850 with a remaining $57,323 left to gather. Students at risk, ALC students, will help in building the structure over the next year. Topitzhofer introduced Sheila Klassen to announce the ground breaking activities for the Family Resource Center which will be October 9, 1997, at 5:30 p.m. Klassen noted that this will feature National Violence Prevention Awareness Week along with Fire Prevention and Cities Weeks. The Ground Breaking will feature free hotdogs, punch, door prizes, violence prevention handouts, and a bonfire. City Council is invited to attend. Mayor Busho asked how the remaining funds will be obtained and Klassen replied that a grant has been applied for through the Department of Economic Security and other foundations and local companies are being asked to donate. Mayor Busho introduced the Cities Week Proclamation to encourage the partnership between city government and its citizens. The theme for this is, "You and City Government Building Strong Futures" and the week will be October 5 12. The City will feature open houses at many of the city facilities allowing staff to answer questions and display their equipment on Sunday, October 12. The Community Center Open House will be on Friday, October 10 due to previous reservations in the main rooms there on October 12. Mayor Busho thanked Sheila Klassen, Jim Topitzhofer, Tom Burt, and Leigh Anderson for their assistance in planning the many activities surrounding the "Cities Week." MOTION by Wippermann to approve the Consent Agenda with changes to page three of the September 2, 1997 City Council minutes. Ayes: Four. Nays: None. Motion carried. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 16, 1997 Assistant to the Administrator Walsh presented the request by the Octoberfest Committee to waive a portion of the police protection escrow for their event. City Council had approved the Special Event Permit for Octoberfest at the September 2, 1997, meeting. Keith Wunder- Joyce, the event coordinator, looked at cutting back the event a day to lower the policing escrow but because of contracts already provided, it would not be feasible. Wunder -Joyce requested that only half of the escrow be paid prior to the event. Discussion followed. Councilmember Anderson asked if this was a Jaycee project. Wunder -Joyce said that the Jaycees did provide him with $1000 start-up costs for Octoberfest. The accounting is separate from the Jaycees. Mark Debettignies, Gaming Manager for the Jaycees, noted that the ledger and checking account for Octoberfest will be audited by him and copies sent to the Minnesota Gambling Control Board. The Octoberfest event will be covered by the Jaycee's organizational insurance. The City may request funds from the gaming funds with a 503 Form. Councilmember Anderson supports family events and understands that because this event has not been done before, it is difficult to promise full success. Councilmember Wippermann requested that half of the escrow be paid in advance of the event. He would support this event because the Jaycees have been generous in their contributions to many programs, events, and city improvements. Councilmember Carroll agreed that payment of half the escrow would be acceptable, but that the remainder should be requested from the Jaycees if profits do not provide for full payment. Mayor Busho appreciated that an accounting of the books for Octoberfest would be required, so that actual profits could be determined. It was noted that approval of the membership is required to provide gaming funds for requests. MOTION by Carroll to allow the Octoberfest Committee to pay 50% of the police service escrow ($1,440) prior to the Octoberfest event and pay the remainder subject to the profit balance; and, if the profits are not sufficient enough to pay the remainder due that the City Council would direct staff to submit a gaming funds request to the Jaycees for a charitable contribution equal to the balance due for police services provided. Second by Wippermann. Ayes: Wippermann, Busho, Carroll, Anderson. Nays: None. Motion carried. Council wished the Octoberfest Committee well and noted that Wunder -Joyce had said that if any profits are made that it would be used toward the Erickson Park amphitheater. Mayor Busho noted the following upcoming meetings: 9/17 Coffee with Commissioners; 9/17 Wetland Planning Task Force; 9/22 Commercial Enhancement Plan Open House; 9/24 Metro Meeting re: Legislation; 9/25,26 Policing Symposium; 10/9 Family Resource Center Ground breaking; 10/10 Community Center Open House; and 10/12 Cities Open House and a High School Marching Bands Competition. Mayor Busho also noted a meetink at Koch Refining on Friday, September 19, at 11 a.m. which Community Development Director Rogness will he attending. Rogness also explained that the meeting on September 22, the Commercial Enhancement Planning Open House will ask responses on ideas on the plan, what changes are needed from today's existing downtown, and comments on displays of the walkways to the high school, County Road 42, and lighting on Highway 3. A report will be compiled from the results. Mayor Busho adjourned the meeting at 8:27 p.m. The City Council Agenda Packet is Clerk's file 1997 -30. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 16, 1997 Respectfully submitted, Linda Jentink, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE SEPTEMBER 22, 1997 Pursuant to due call and notice thereof a Committee of the Whole meeting was duly held on Monday, September 22, 1997, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann, Edwards and Carroll in attendance. Staff members in attendance were City Administrator Burt, Assistant to Administrator Walsh, Fire Chief Aker, Community Development Director Rogness and Public Works Director Osmundson. The following items were discussed: MIRTS: City Administrator Burt recommended that the City Council take an official position on the proposed Minnesota Intermodal Railroad Terminal Study MIRTS). Burt reviewed the positive and negative impacts that MIRTS could have on the city. Burt requested direction from the City Council recommending that the Council adopt a resolution either in support or against the project and request the Metropolitan Council and Minnesota Department of Transportation to answer several unanswered questions about the MIRTS project. Present for this discussion were County Commissioner Branning and State Representative Dennis Ozment. Both officials agreed it may be difficult to get answers to questions since MIRTS is in the very early stages of the planning process. Following considerable discussion, there was a general consensus of the City Council that a resolution should be adopted. Council generally agreed to the contents of the draft resolution prepared by staff except for a few changes. Council agreed the City should be proactive in the planning process by keeping all agencies informed of the City's concerns. Council further agreed that it was important that the Metropolitan Council and Minnesota Department of Transportation keep the City well informed on the status of the project and identify the roles of the different agencies involved in this project. FIRE STATION FENCE: Discussion was held on the installation of a fence on the north side of the fire station property. Fire Chief Aker requested the fence be installed because of firefighters' concerns about the safety of small children running out into the parking lot between parked cars. Chief Aker also advised that parents of children have approached firefighters expressing their concerns about the safety of their children. Concerns were expressed from members of the Council that the fence may be viewed in a negative manner by residents living next door to the fire station. Following further discussion, the City Council directed staff to host a meeting with the residents of Limerick Way and to find out their needs and feelings about putting the fence up. It was also agreed that signs should be installed prohibiting parking of vehicles by persons other than city staff. ZONING MINIMUM HOUSING STANDARDS: Community Development Director Rogness asked for Council input on changing the housing standards in the current zoning ordinance. Rogness discussed the City's current standards and reviewed with Council other cities' standards. Council discussed some of their concems about the current standards and gave to staff some ideas for new standards. 1 1 ROSEMOIINT CITY PROCEEDINGS COMMITTEE OF THE WHOLE SEPTEMBER 22, 1997 Apple Valley Storm Water: The city of Apple Valley requested that the City Council address the existing policy on storm water fees as it relates to Apple Valley municipal gol course. It was the consensus of the City Council that staff should review the existing policy and make appropriate changes, for Council action. ADA PRIORITIZATION OF UPGRADES: Assistant to Administrator Walsh reviewed staff's recommendation for upgrading city buildings to make them more accessible for persons with disabilities. Staff recommended the majority of the top priorities contained in the ADA evaluation reports be done in 1997 and 1998. These priorities do not include the public works facilities and parks. Council concurred with staff's recommendations. Staff advised they will keep the Council informed on the progress of the upgrades. POLICE CHIEF HIRING PROCESS: City Council were updated on the hiring process for the police chief position. Council concurred there should be two interview panels. One panel would be made up of police department staff and some department head staff. The other panel would consist of chamber representatives, school district staff member, police chief from another community and some members of the Council. Councilmember Anderson agreed to be on the panel, and other members of the Council stated they would let the administrator know. Council selected November 3, 1997 as the date for the interviews. City Administrator Burt requested Council to contact Harry Brull of PDI on any suggestions they have for panel questions or attributes they think are critical for the next police chief to possess. There being no further business, the meeting was adjourned at 11:30 p.m. City Council Agenda Packet is Clerk's File 1997 -31. Respectfully submitted, Susan Walsh City Clerk tY 1 1 ROSEMIOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 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, Edwards, Carroll, and Wippermann present. Also present were City Attorney LeFevere, City Administrator Burt, Police Lieutenant Kuhns, Parks Recreation/Community Center Director Topitzhofer, Public Works Director /City Engineer Osmundson, Community Development Director Rogness. and Intern Mullenbach. Intern Mullenbach led the group with the Pledge of Allegiance. The Agenda was amended by moving Consent Agenda Items 6.d Expenditure Approval from Donation Account for Police Department and 6.j. Termination of Towing Contract for discussion. Additional information was provided for Item 6.b. Minutes of September 22, 1997 Committee of the Whole, 6.n. Public Hearing for the Modification of the Downtown TIF District, and 6.o. Geronime Pond Correction to Legal Description. Item 11.b. Selection of Consultant for MNRRA Study and Comprehensive Plan Update was pulled from agenda. There was no Public Comment or response to Public Comment. Minnesota Manufacturers Week Mayor Busho proclaimed the week of October 13 17 to be Minnesota Manufacturers Week to recognize the contributions that manufacturers make in our community with the theme, "Manufacturing Your Future." The following manufacturers are honored: Continental Nitrogen, Geonretrix, Pilgrim Promotions Inc., Laidlaw, Rayfo Inc, Reese Enterprises, E S Processing, Ltd., D -B C Molding, Inc.. Cannon Equipment, DPC Industries. Rosemount Woods, CF Industries, Spectro Alloys Corporation, Greif Brothers Corporation, Koch Refining Company, A- 1 Concrete, and Materials Recovery. National Mammographv Dav Mayor Busho proclaimed October 17, 1997, as National Mammography Day. October is National Breast Cancer Awareness Month and the Mayor has been asked to participate in a march at the Mall of America along with other female mayors on October 17. The Minnesota Department of Health has started a statewide comprehensive breast and cervical cancer control program. 1 1 1 Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 1997 MOTION by Wippermann to approve the Consent Agenda with minor changes to Items a. and b. Minutes of the September 15, 1997, Regular City Council Meeting and Minutes of September 22, 1997, Committee of the Whole and pulling Items 6.d Expenditure Approval from Donation Account for Police Department and 6.j. Termination of Towing Contract for discussion. Second by Edwards. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Item 6.j. Termination of Towing Contract was discussed. Wippennann wished to see more supporting documentation on dissatisfaction of services and requested that the management of Magnum Towing also receive any information. MOTION by Wippermann to table Item 64. Termination of Towing Contract until further information can be provided. Second by Edwards. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Item 6.d. Expenditure Approval from Donation Account for Police Department was for the purchase of an automatic weapon. Councilmember Edwards requested that a policy be in place to assure proper handling, training, and access for use of this weapon. Lieutenant Kuhns noted that only two members of the Rosemount Police are trained to use this weapon. Staff will prepare a letter of intent and research surrounding city's policies. MOTION by Edwards to table Item 6.d. Expenditure Approval from Donation Account for Police Department. Second by Wippermann. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. MIRTS Positional Statement City Administrator Burt reviewed the Minnesota Tntermodal Railroad Terminal Study which has chosen a site in Rosemount for future development of a trainitrailer transporting system. Council had given staff direction at the September 22, 1997 Committee of the Whole. The resulting resolution highlights some concerns and requests a contact person. MOTION by Anderson to adopt A RESOLUTION REGARDING THE FUTURE DEVELOPMENT OF THE MINNESOTA INTERMODAL RAILROAD TERMINAL. Second by Carroll. Discussion followed. Councilmember Edwards requested that the resolution reflect that the contact person be either from Minnesota Department of Transportation or Metropolitan Council. Anderson and Carroll accepted this as a friendly amendment to the motion on the floor. 1 1 1 Polled. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Town and Country Planned Unit Development Findings of Fact ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 1997 Community Development Director Rogness reviewed the Planned Unit Development (PUD) for Town and Country Homes. Findings For Denial were prepared by the City Attorney and staff. The findings concentrate on the "stacked" dwelling units because the zoning ordinance classifies them as multiple family which is only permitted in R -3 and R -4 Multiple Family Districts. Council also disliked the single car garages and slab -on -grade construction. Peter Coyle, Al Block, and Michael McNamara were present to represent Town and County Homes. The PUD had been modified in response to Council's comments on September 16, 1997. They noted that there is a market for single residents and seniors who desire a one car garage and one level homes. Council, staff, and the City Attorney exchanged many comments and possible consequences of actions to be taken. MOTION by Edwards to adopt A RESOLUTION FOR DENIAL OF A RESIDENTIAL PLANNED UNIT DEVELOPMENT REQUESTED BY TOWN COUNTRY HOMES BASED UPON FINDINGS OF FACT. Second by Busho. Ayes: Edwards, Wippennann, Busho. Nays: Carroll, Anderson. Motion carried. City Attorney LeFevere advised that a motion to table would take precedent over prior motion. MOTION by Carroll to table the Town Country Homes Planned Unit Development. Second by Anderson. Ayes: Anderson, Carroll. Nays: Edwards, Wippermann, Busho. Motion failed. MOTION by Carroll to direct staff to discuss and review the newest revised planned unit development for Town Country and report back to City Council; also, requesting that the developer not be requested to go through the PUD process again. Discussion ensued. Council noted concerns about stacked units, single car garages, adequate visitor and resident parking, ponding, and parks. Motion polled: Second by Anderson. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Motion carried. City Administrator Burt noted that if changes occur in the planned unit development that are considered major modifications, it would need to go back to the Planning Commission for review and a public hearing. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 1997 Assessment Hearing for Biscayne Avenue Improvements, City Project 249 Mayor Busho opened the Public Hearing for Biscayne Avenue Improvements, City Project 249. The recording secretary noted that the affidavits of posted and published notice were on file. Public Works Director /City Engineer Osmundson reviewed the reconstruction of Biscayne Avenue from County Road 42 to north of the railroad tracks. This included installation of the watermain, sanitary sewer, and streets. The assessments can be paid over a ten year period with a 6.9081% interest rate. Reid Hansen, attorney for CMC Heartland, 12490 Canada Court, filed a protest of assessment. MOTION by Busho to close the Public Hearing for the Assessment for Biscayne Avenue Improvements. City Project 249. Second by Edwards. Ayes: Wippemiann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE BISCAYNE AVENUE STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 249. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Assessment Hearing for Rosemount Business Park Street Utility Improvements, City Project 256 Mayor Busho opened the public hearing for the Assessment Hearing for Rosemount Business Park Street Utility Improvements, City Project 256. The recording secretary noted that the affidavits of posted and published notice were on file. Public Works Director /City Engineer Osmundson presented the assessment reports for the Rosemount Business Park Street Utility Improvements. The Rosemount Port Authority will pay their portion of assessment with the sale of property and/or bonded indebtedness. Reid Hansen, attorney for CMC Heartland, 12490 Canada Court, filed a protest of assessment. MOTION by Busho to close the public hearing for the Assessments for the Rosemount Business Park Street Utility Improvements, City Project 256. Second by Wippemrann. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. MOTION by Anderson to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR ROSEMOUNT BUSINESS PARK STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 256. Second by Edwards. Ayes: Edwards, Anderson, Wippemmnn, Busho, Carroll. Nays: None. Motion carried. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 1997 Public Hearing for the Brockway Draw Trunk Sanit rr y Sewer Improvements C ity Project 286 Mayor Busho opened the Public Hearing for Assessments for Brockway Draw Trunk Sanitary Sewer Improvements, City Project 286. The recording secretary noted that the affidavits of posted and published notice were on file. Public Works Director /City Engineer Osmundson explained the feasibility report which would provide sanitary sewer service to the new MUSA addition connecting the existing MCES interceptor in Section 28 north of CSAH 42 in the CMC Heartland Partners 226 acre site. It will extend northwesterly crossing the railroad and into the Biscayne Pointe plat. Phase I is only being considered with this public hearing. This could be completed this winter. Ed McMenomy, 15872 Chippendale Avenue, asked about property west of the area MUSA addition. Staff directed that he would need to make a petition to the city in order to add that to the MUSA. The Nelson property is not platted yet which would be required and easements would he needed. Tosh Neminsky, a representative of CMC Heartland, 547 West Jackson, was concemed about the alignment and timing of the project. Osmundson noted that the project could wait. MOTION by Busho to close the Public Hearing for the Brock Way Draw Trunk Sanitary Sewer Improvements, City Project 286. Second by Anderson. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION APPROVING THE PROJECT AND ORDERING PLANS AND SPECIFICATIONS FOR THE BROCK WAY DRAW TRUNK SANITARY SEWER IMPROVEMENTS, CITY PROJECT 286. Second by Edwards. Ayes: Wippemiann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Geronime Pond Planned Unit Development Major Amendment Community Development Director Rogness reviewed the request for a change from Tom Birch of Heritage Development for a major amendment to the Geronime Pond PUD that would convert the 56 twin home units to carriage homes. The Planning Commission recommended denial at its. September 23, 1997 regular meeting. Mr. Dobbs, representing Geronime Pond, said that there is a good market for carriage homes and the diversity it offers. Council questioned Dobbs on the side yard setbacks which he said would be 15 feet. Council questioned the representation of the drawing. 1 1 1 Dan McNulty, 15670 Cicerone Path, said that the drawing was not done in good faith. Certain information was left out. The size shown of the homes were smaller than actual. MOTION by Carroll to direct that the Planning Commission review and prepare a recommendation regarding the PUD amendment as modified by Heritage Development of Minnesota. No second. Motion dropped. MOTION by Edwards to direct staff to prepare findings in support of denial of the PUD amendment requested by Heritage Development of Minnesota. Second by Anderson. Ayes: Carroll, Edwards, Anderson, Wippennann, Busho. Nays: None. Motion carried. Mayor Busho mentioned announcements of up coming meetings as follows: Oct.9 Family Resource Center Ground Breaking; Oct. 10 Community Center Open House; Oct. 12 City Facilities Open House; Oct. 14 Manufacturers Honored at Chamber Meeting; Oct. 16 Autumn Social; Oct. 20 Committee of the Whole at the Erickson Community Square Shelter. Mayor Busho adjourned the meeting at 10:08 p.m. 4A Susart/M. Walsh Clerk The City Council Agenda Packet is Clerk's file 1997 -32. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 1997 Respectfully submitted, 2 j Linda Jentink, Recording Secretary 1 1 1 Discussion was held on the following items: ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE OCTOBER 20, 1997 Pursuant to due call and notice thereof a Committee of the Whole meeting of the Rosemount City Council was held on Monday, October 20, 1997, beginning at 6:30 p.m., at the Fire Station. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann, Carroll and Edwards present. Also in attendance were the following staff members: City Administrator Burt, Fire Chief Aker, Community Development Director Rogness, Finance Director May, Police Chief Knutsen, Public Works Supervisor Cook, Public Works Director Osmundson, Assistant to Administrator Walsh. Fire Station Fence: City Administrator Burt gave an update on the meeting staff had with residents of Limerick Way regarding putting a fence on the north side of the fire station property. Three residents attended, and they agreed there was a safety issue of the possibility of children running out into the fire station parking lot. The owners of Limerick Way requested a solid vinyl fence. Council concurred that this type of fence was too expensive and that the green vinyl chain link fence was more appropriate because of lower cost, and it would be the same as other fencing in the area. Council directed staff to install 150 feet of the fence along the parking lot area, and to continually evaluate the feasibility of extending the fence to the existing fence to the east. Image Wallace Group: Roy and Sherie Wallace of The Wallace Group presented a proposal to the City Council to assist in creating a position or image for the City. The proposal suggested using citizens in focus groups and using information from the community survey. The Wallace Group would also work with city staff to promote the image through newspaper articles. Following discussion, the Council agreed that the proposal was a good idea; but they could not justify spending approximately $9,000 for these services at this time. Snowplow Policy: Public Works Director Osmundson reviewed recommended changes to the City's Snowplowing Policy. Council concurred with the proposed changes. Staff also proposed that Council consider amending the City Code with regards to parking after snowfall. It was recommended that snow emergency parking be similar to surrounding communities' parking ordinances. Following discussion, Council agreed that staff should draft an ordinance with the concept of prohibiting on -street parking during the winter months or on a year -round basis. It was agreed that it was too late to change the ordinance for this year, but should be considered next spring; and if the City Code is amended, there would be plenty of time to communicate the changes to citizens. Police Chief Hiring Process: Assistant to Administrator Walsh gave an update regarding the number of applicants for the position and the process to date. Krech Landscape: Community Development Director Rogness reviewed a summary of the Krech Landscaping situation by delineating the involvement of the Planning Commission, City Council and staff from 1986 to present with the Krech Landscaping business. Rogness advised that it needs to be decided as to whether or not the Krechs expanded their business significantly from 1 1 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE OCTOBER 20, 1997 1989 when the zoning ordinance was amended by the City Council. This issue will be discussed at the October 21, 1997 Regular Council Meeting in more detail when the city attorney is present. Livable Communities: Community Development Director Rogness reviewed a draft resolution for City Council consideration at their November 4, 1997 meeting with regards to committing to participation in the 1998 Metropolitan Livable Communities program. Discussion was also held on the Housing Goals Agreement and where the City is at in meeting its approved goals for affordability, life -cycle and density. Budget Update and CIP Update: Discussion was held on the proposed 1998 operating budget and ten year CIP. Administrator Burt proposed that the City hire a part-time communication/information specialist. This position would develop a comprehensive communication plan to serve the City's internal and external communication needs. Administrator Burt also discussed limiting the option for employees to accumulate compensatory time and instead paying employees overtime pay for overtime hours worked. Following discussion, the City Council concurred with both of these recommendations. Public Works Director Osmundson briefly discussed the need for expansion of the public works facilities. Council agreed the funds should remain in the CIP, and that further information should be provided to them. Coates Building Inspector Fire Contract: Administrator Burt informed the Council that the City of Coates did not renew the contract for the City to serve as their Building Official. He also informed the Council that the City of Coates requested a two year renewal of the fire protection contract at no increase in rates. The City Council directed the Administrator to renegotiate the fire protection agreement with an appropriate increase in rates. There being no further business, the meeting was adjourned at 11:37 p.m. The City Council Agenda Packet is Clerk's File 1997 -33. Respectfully submitted, Susan M. Wa h, City Clerk 1 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 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, Edwards, Carroll, and Wippermann present. Also present were City Attorney LeFevere, City Administrator Burt, Parks Recreationi'Conmmnity Center Director Topitzhofer, Public Works Director /City Engineer Osmundson, Community Development Director Rogness and Civil Engineer Litterer. Civil Engineer Litterer led the group with the Pledge of Allegiance. The Agenda was amended by removing Consent Agenda Item 6.c. Expenditure Approval from Donation Account for Police Department and a correction to the minutes in Item 6.a. Additional information was received for Item 9.a. Twin Cities Townhomes Resolution and for Item 8.a. Town Country Homes, a letter in favor of the revised PUD. Also an appeal was received from Renee Stevenson on Item 7. Public Assessment Hearing, 1996 Street and Utility Reconstruction Improvements. There was no Public Comment or response to Public Comment. Consent Agenda MOTION by Carroll to approve the Consent Agenda with a change to Item 6.a. Minutes of the October 7, 1997, Regular City Council Meeting and removing Item 6.c .Expenditure Approval from Donation Account for Police Department. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippemrann. Nays: None. Motion carried. Ordinance to Revise RL Zoning District ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 21, 1997 Community Development Director Rogness presented some background on an amended RL Very Low Density Residential District which requires 20,000 square foot lots. This would allow a critical step in the process of development to protect unique natural features. An optional planned unit development allows natural features to remain while clusters of moderate density housing could develop. It was noted that the Kelley Trust property would be a likely area for this zoning. The Planning Commission reviewed the RL District and agreed to recommend its approval on a 4 to 1 vote. Staff requested that Council review this amendment; however, action would not be requested until a future meeting. Twin City Townhomes Concept Residential PUD Lakeview Townhomes Community Development Director Rogness reviewed the request to change the zoning for the Lakeview Townhomes from BP -3 to BP -4 which would allow attached and multiple housing through the Planned Unit Development process. The proposed concept PUD incudes 36 attached 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 21, 1997 townhomes within a mix of 2,3 and 5 unit buildings. The Planning Commission recommends this change. The access to the property was discussed. Staff recommended a separate private access rather than using the temporary driveway leading to the movie theater. This item was then postponed until after the Public Hearing which began at 8:00 p.m. Publ c Hearin Assessment Hearin for 1996 Street and Utility Reconstruction Improvements City Project 266 Mayor Busho opened the Public Hearing for the Assessment Hearing for 1996 Street and Utility Reconstruction Improvement, City Project 266. The recording secretary noted that the affidavits of posted, mailed and published notice were on file. Public Works Director /City Engineer Osmundson reviewed the reconstruction of portions of Cameo Avenue, Lower 147th Street, and Burma Avenue. The project included installation of trunk watemmains, trunk storm sewers, and replacement of all the sanitary sewers. Also most sidewalk was replaced and the electrical lines along Highway 3 by Erickson Park were placed underground. The total cost of the project was $1,999,915. This was well below the estimated cost. The assessments to private lots will be asked to cover 9% of the total project cost, or approximately $2,250 per lot. Written Notices of Objection were received from John Oxborough, Jerome Clarke, Renee Stevenson, and Bernard Szczesniak. Bernard Szczesniak also requested appeal for his neighbor Virgil Felmlee who was not present; no written Notice of Objection was received. Osmundson thanked staff and the Consultant, WSB, for working so well with the residents and relaying information. Residents were also thanked for putting up with the inconvenience to allow this much needed work to be done. Wes Hasbrock, representative for the Rosemount Methodist Church, reminded Council and staff that the church does not own the driveway leading from Lower 147th Street. It is city owned. The church had in fact requested vacation of the right -of -way because they do maintain the driveway into their parking area. Osmundson noted that the right -of -way allows for a residential home on the east boundary to have a rear driveway to this lot. Hasbrock noted that the assessment cost was acceptable, but an appeal will be made pending approval of the vacation. John Oxborough, 14690 Cameo Avenue, requested an appeal to the assessment because of the double lot charge for his corner lot. Oxborough also noted that there is a temporary pole on his lot which needs to be removed. Oxborough questioned three other lots that were not included in this assessment. Osmundson explained that the Assessment Policy was followed and that properties are assessed according to driveway access. Attorney LeFevere noted that changing the number of lots would not affect the assessment cost per lot. Bernard Sczcesniak, 3195 Lower 147 Street, registered an appeal for the assessment. Sczcesniak noted that his neighbor. Virgil Felme, who could not be present, wished to register an appeal 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 21, 1997 also. City Attorney LeFevere stated that a written notice of objection is required, but that it was not neccessary for the City Council to decide at this time wheather the requirements for an appeal are met. Sczcesniak thanked staff, especially Rich Lonnquist and Mayor Busho, for listening on a regular basis to his concerns. He noted that the landscaping was not leveled and is still not right. Those assessed for the 145th Street Project in 1994 were only charged $1,500; there were no street lights placed on his street; and, now, there is more fast moving traffic and it has become a feeder street. Steve Heimer, 3135 Lower 147th Street, said it was unfair that other residents were charged less for their assessments since there is no underground electrical for residential on this project. He felt it was unfair to have driveway access determine the amount of the assessment. Heimer did note that the street is very nice now that it is completed. MOTION by Wippermann to close the Public Hearing Assessment Hearing for 1996 Street and Utility Reconstruction Improvements, City Project 266. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Attorney LeFevere explained that those appealing have thirty days to file with the City an appeal and have ten days there after to file the appeal with the District Court. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, 1996 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT 266. Second by Anderson. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Twin City Townhomes Concept Residential PUD Lakeview Townhomes (con't) Patrick Simons representing Twin City Townhomes, Inc., brought a model of a townhome unit and video tape of an existing townhome. Many options are available but most homes are 1200 square feet, full basement, walk out entrance, two car garage, and single level. Similar developments exist in Spring Lake Park, Coon Rapids, Blaine, Lino Lakes, Woodbury, and Apple Valley. There would be a home owners association. Council suggested that Simons consider the distance from the curb to the garage at a minimum of 20 feet, building separation of 30 feet, and side yard separation of 10 to 20 feet. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR TWIN CITY TOWNHOMES, INC. with conditions. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Town Country Homes, Inc. Revised PUD Amendment Community Development Director Rogness reviewed the modifications of the PUD Amendment 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 21, 1997 for 72 townhomes which are superior to the original plan in terms of aesthetics, street design and its relationship with surrounding properties. However, the revision does not directly address single car garages and stacked units. Allen Block, represented Town Country Homes and reviewed the design changes including a trail system around the pond, expansion of the pond, six unit buildings were eliminated, the street was changed by removing two motor courts leaving a winding street with one court providing eleven of the fifteen buildings with street frontage. Room for detached garages have been provided for to be built on demand. Block noted that similar homes in Burnsville have sold very well. Kelly McGivem, 15173 Claret Avenue, talked with neighbors and said they were satisfied with the changes and did not have any concerns about single garages and stacked units. McGivern would like to see this development move forward. Discussion ensued. Some Councilmembers agreed that they did not have exceptional concerns with the Planned Unit Development for Town Country Homes, Inc. They felt the diversity of housing provided would create more opportunity for seniors, singles, and handicapped. It was also stated that the developer had complied with some suggestions for changes from the original concept plan to appease the neighboring property owner Mr. McGivern. Other Councilmembers had concerns with the single car garages, detached garages, stacked units, no basements, and limited parlcing, which could detracted from the image Rosemount would want. MOTION by Anderson to approve the plan subject to previously identified conditions and directing staff to prepare an amendment to the Chippendale 42 Partnership Planned Unit Development agreement. Second by Carroll. Ayes: Carroll, Anderson. Nays: Edwards, Wippermann. Present: Busho. Tie vote. Motion did not carry. MOTION by Wippermann to deny the revised plan based upon the findings previously adopted on October 7, 1997. Second by Edwards. Ayes: Edwards, Wippermann. Nays: Carroll, Anderson. Present: Busho. Tie vote. Motion did not carry. Attorney LeFevere noted that no majority was expressed. Council discussed repercussions. Edwards noted that the last action on Town Country Homes was denial of the Planned Unit Development on October 7, 1997. This action is maintained. Krech Landscaping Community Development Director Rogness reviewed background informaton related to the Krech Landscaping, 12050 Dodd Boulevard. Their property is zoned rural residential while the use is a full scale landscape operation. Neighbors have complained about noise, excessive truck traffic, and unsightliness. City Attorney LeFevere said Krechs have been unwilling to meet with city officials and the only other option besides ignoring the issue, would be to begin legal action. 1 1 1 MOTION by Carroll to move into a closed executive session for an attorney- client privileged discussion. Second by Anderson. Ayes: Five. Nays: None. Motion carried. The regular meeting of the City Council was suspended for a closed executive session at 10:55 p.m. The meeting was reconvened at 11:27 p.m. MOTION by Edwards to authorize staff and the city attorney to begin an investigation leading toward a civil summons and complaint and to further advise council. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 11:29 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 21, 1997 Respectfully submitted, The City Council Agenda Packet is Clerk's File 1997 -34. Linda Jentink, Re ¶rding Secretary 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 4, 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 Anderson, Edwards, Carroll, and Wippermann present. Also present were City Attomey LeFevere, City Administrator Burt, Parks Recreation/Community Center Director Topitzhofer, Rental Coordinator Lisa Mauer, Public Works Director /City Engineer Osmmndson, and Community Development Director Rogness. City Attorney LeFevere led the group with the Pledge of Allegiance. The Agenda was amended by adding updates under Old Business for the Commercial Area Enhancement, Krech Landscaping, meeting of the Citizens of Eastern Rosemount, University of Minnesota meeting, and Police Chief Selection. There were no Public Comments or responses to Public Comment. Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 4, 1997 MOTION by Anderson to approve the Consent Agenda after removing Item 6.m. Assessment Appeals for discussion and changing the bid amount by six cents on Item 6.k. Receive Bids /Award Contract for Biscayne Pointe Street Utility Improvements, City Project 285. Second by Wippennann. Ayes: Five. Nays: None. Motion carried. Assessment Appeals Council discussed assessment policy issues. It was decided that a workshop would be appropriate in January or February of 1998 for updating the policy. MOTION by Edwards to adopt A RESOLUTION ADOPTING REASSESSMENT OF ASSESSMENTS FOR CITY PROJECT 266, THE 1996 STREET UTILITY RECONSTRUCTION IMPROVEMENTS, P.I. D. NUMBERS 34- 03800 190 -14; AND 34- 64800- 040 -04; AND 34- 64800- 050 -04. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Geronime Pond PUD Amendment Findings for Denial Community Development Director Rogness reviewed the denial to an amendment to the Geronime Pond Planned Unit Development to convert twin homes to carriage hones. The resolution submitted for Council consideration noted findings of fact for denial. 1 Rezoning Outlot F. McNamara Addition ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 4,1997 MOTION by Wippermann to adopt A RESOLUTION FOR DENIAL OF AN AMENDMENT TO THE GERONIME POND RESIDENTIAL PLANNED UNIT DEVELOPMENT REQUESTED BY HERITAGE DEVELOPMENT OF MINNESOTA, INC. BASED UPON FINDINGS OF FACT. Second by Edwards. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion caried. Community Development Director Rogness explained that Town Country Homes requested a rezoning of Outlot F of the McNamara Addition. from AG to R -2. The McNamara's attomey, Peter Coyle, advised City Council that they would like to withdraw their zoning change request until Council has acted on the first phase, Outlot E, of the Town Country development. Coyle noted that the developments were interdependent and they would not move forward until both phases receive support from the City Council. Coyle further contended that Outlot E went through the correct site plan review process, and that the City Council acted arbitrarily in denying a townhome project based on garages and stacked units. MOTION by Busho to table the rezoning of Outlot F, McNamara Addition. There was no second. Motion died. Attorney LeFevere raised the question as to when the sixty day application length will end for Council consideration. LeFevere suggested, and Coyle agreed, that the Council would have 30 days to act on the rezoning request after receiving written request for a decision from the applicant. CMC Concept PUD "The Villages At Eastview" Community Development Director Rogness presented, along with representatives from CMC Heartland Partners 1, information on the 226 acre concept development proposal east of Biscayne Avenue and north of 145th Street West and County Road 42. The concept includes four distinct neighborhoods with different housing types. The overall housing mix is approximately 56% detached single family and 44% attached housing distributed between townhouses, twin homes and mansion homes. The Planning Commission conducted a public hearing and recommended approval. Lawrence Kane, 2387 145th Street West, was concerned about the setbacks and screening behind his home and those of his neighbors. Kane noted that when Dakota County built their facility north of their property there were promises made to not store equipment outside and have screening. The landscaping that was originally done did not survive and large equipment can be seen most any time outside. However, Kane stated that Dakota County is a good neighbor with little noise interference. CMC representative explained that they will work with residents along 145th Street to address setbacks, screening, and design issues. 1 1 1 MOTION by Carroll to adopt A RESOLUTION APPROVING THE CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR CMC HEARTLAND PARTNERS I with the deletion of number 5 and changes to number 6 as stated by legal counsel. Second by Anderson. Ayes: Edwards, Anderson, Wippennamr, Busho, Carroll. Nays: None. Motion carried. Council noted several good points about the concept plan and that further approvals will be required as final plats are presented for consideration. However, they did state their preference of a higher single family percentage in future housing areas. Accept Water Supply Distribution Plan Conservation and Emergency Management Plan Public Works Director Osmundson reviewed the management plan for the City's water supply. The City pumped 165 million gallons of water in 1985 and 428 million gallons in 1995. We now have four wells and can foresee that if the ultimate build -out outlined is achieved another 21 new wells may need to be drilled. This plan will be used as a guide for the acquisition of sites for water towers, wells and to correctly locate trunk watemrains for the entire city. MOTION by Edwards to adopt A RESOLUTION ACCEPTING THE WATER SUPPLY AND DISTRIBUTION PLAN AND THE CONSERVATION AND EMERGENCY MANAGEMENT PLAN. Second by Anderson. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. UPDATES ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 4, 1997 15th Annual Halloween Party Parks Recreation/Community Center Director Topitzhofer reported that over 2000 people attended. There were 138 volunteers and the Community Center staff which made a great crew and they were able to clean up in 45 minutes. Share the Spirit on November 30 Sunday, 2:00 p.m. to 7:00 p.m. a variety of events will take place including an indoor parade. It will be the fourth year for this event. Lighted Marque Sign for Community Center /National Guard estimated cost of $31,000. USPCI Trust Fund gave $15.000 toward it and National Guard will pay $16,000. Buckthorn Removal Dakota County Corrections provided the manpower for two days and removed downed buckthorn. Commercial Enhancement Committee Community Development Director Rogness updated Council on the latest meeting. Fifty -eight trees were planted south of the KWIK Trip gas station store on Highway 3 as a buffer and beautification project. Funding for additional projects are being researched. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 4, 1997 'Czech Landscaping Rogness will meet with the City Attorney. A future meeting is being planned with neighbors. The question came up as to whether the snow plowing part of the business is considered part of a landscaping business. East Rosemount Citizen Concerns City Administrator Burt attended with residents. Their main concern was for the ash storage that Laidlaw Inc. has requested. Also air and water quality issues from the University of Minnesota and Koch Refining are still issues. Businesses are not trusted. About twenty people attended. University of Minnesota Property Development Referred to as the MESA group. Dr. Hewitt developed a document for long term management of the site. A board would be selected to advise management of the 75,000 acres as an agricultural campus. The President of the U of M is to decide before the end of the year. Nothing was mentioned about future athletic facilities which the City could use. MIRTS The costs benefits are due by mid November from Mn/DOT. Site location is still University of Minnesota Research Facility in Rosemount. The railroads have not done any negotiations yet. Dick Braun is to be appointed as spokesman. Police Chief Selection There were 71 applicants; 30 responded to additional information and six were selected for interviews. Interviews were conducted by panels and the day included a tour of our city, an "in- basket" exercise, and lunch with staff. The six will be narrowed to two for additional interviews. An interview date was established for November 22, 1997, 9 a.m. to 1 p.m. Announcements Mayor Busho listed some upcoming meetings: November 11, Chamber Luncheon, MIRTS, Dr. Haro; November 13, Historical Program at Community Center; November 14, Communication Workshop; November 15, Dakota County Economic site grand opening; and November 17, Business Forum re: CR 42, 4 5:30 p.m., and Committee of the Whole joint meeting with the Planning Commission and Parks Recreation Committee at 7:00 p.m. Mayor Busho adjourned the meeting at 11:07 p.m. The City Council Agenda Packet is Clerk's File 1997 -35. Respectfully submitted, Linda Jentink, ftecording Secretary 1 Pursuant to due call and notice thereof a Committee of the Whole meeting was duly held on Monday, November 17, 1997, at 6:30 p.nt. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Wippermann, Edwards, and Anderson present. At 7:00 p.m. ajoint meeting with the Planting Commission and Parks and Recreation Committee began. Commissioners present were: Planning Commission Droste, Shoe Corrigan, Tentinger, and DeBettignies; Parks Recreation Committee Sampo, Larson, and Eliason. Staff present were City Administrator Burt, Parks Recreation/Community Center Director Topitzhofer, Public Works'City Engineer Osmundson, Community Development Director Rogness, and City Planner Pearson. 1998 Proposed Budget Review Staff presented information on impacts of the proposed levy increase. The public hearing is scheduled for Thursday, December 4, 1997 at 7:00 pm. Police Chief Selection The City Council discussed the top two canidates, Gary Kalstabakken and Brad Johnson for the position of Police Chief and the interview process scheduled for November 22, 1997. Kelley Trust Property ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE NOVEMBER 17, 1997 Community Development Director Rogness provided background information about the 520 acre Kelley Trust property. The Comprehensive Guide Plan designates this area as Planned Development Residential (PDR) with sensitivity to the natural environment and surrounding land uses. Jini Merila, engineer for the owners, presented a concept plan drawing that depicted the expected land uses throughout the property. This plan showed a progression of lower density residential on the west to standard single fancily in the middle to town homes on the east side. Open space was provided throughout the area to preserve slopes, woods and wetlands. A trail corridor was also shown from the west side to Shannon Elementary and the Community Center. Mayor Busho reviewed the list of six questions in the staff report with conclusions as follows: (1) The general development pattern shown in the concept plan supported the Comprehensive Guide Plan. (2) Clustering of development into "pockets" was supported with further work needed on criteria that would warrant changes/bonuses. (3) The areas most appropriate for open space include the northern edge, ridges and natural features; areas for parks should include the "prairie" park area and Birger Pond; the trail connection is also a critical element. (4) Despite a desired 70 -75% standard single family requirement, the appropriate mix of housing units will depend on the benefits shown for resource preservation and the type /price of townhomes. (5) Street and trail connections as shown on the Concept Plan make sense. (6) The owner's intent to keep all acres as part of one planned development is highly supported by the city. 1 1 1 There was general support in expectation that this development area will be "upscale" and that irreplaceable natural features will be preserved. Greenways were identified as a way to achieve natural resource and wildlife habitat goals of the city and region. The Kelley Trust representatives stated that they will be approaching Apple Valley again in December with a revised plan for that property. Their schedule is to develop that portion first before starting in the City of Rosemount. They want to maintain a cooperative arrangement with the city and anticipate the proposed zoning amendments to work well within their property. There being no further business, the meeting was adjourned. t: Susan N Att Walsh, City Clerk The City Council Agenda Packet is Clerk's File 1997 36. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE NOVEMBER 17, 1997 Respectfully submitted, c7��N-C Thomas D. Burt, t t�nistrator 1 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 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, Edwards, and Wippermann present. Councilmember Carroll entered the meeting at 7:34 p.m. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director /City Engineer Osmundson, Finance Director May, and Financial Consultant Dan O'Neill. Finance Director May led the group with the Pledge of Allegiance. The Agenda was amended by adding Police Chief Selection for announcement of candidates and discussion. There were no Public Conunents or responses to Public Continent. Police Chief Candidates City Administrator Burt reported that six applicants for the Police Chief position were interviewed in November. The two finalists will have a second interview on Saturday, November 22, 1997, by City Council. The finalists are Bradley Johnson from the Minneapolis Police Department, 5th Precinct, and Gary Kalstabakken, a Lieutenant at the Richfield Police Department. Councilmember Carroll joined the meeting. Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 18, 1997 The minutes of November 4, 1997, Regular City Council meeting, were amended to read on page two, fourth paragraph; strike second sentence and replace with, "LeFevere suggested, and Coyle agreed, that the Council would have 30 days to act on the rezoning request after receiving written request for a decision from the applicant." NIOTION by Edwards to approve the Consent Agenda with an amendment to the November 4, 1997 minutes. Second by Wippennann. Ayes: Five. Nays: None. Motion carried. Accept Bids and Award Sale General Obligation Improvement Bonds, Series 1997B Finance Director May presented the bid list as prepared by Springsted Public Finance Advisors whom opened the sealed bids at 11:30 a.m. today, Tuesday, November 18, 1997. The tabulation showed a very favorable interest rate and the closest competitive bidding ever experienced for Rosemount. The bonds will pay for three projects; 1) Brockway Draw Interceptor, 2) Biscayne Pointe Street Utilities Improvements, and 3) Shannon Pond Second Addition Street and 1 1 1 Utilities Improvements. The $1,584,632.50 bond was received at an interest rate of 4.5930 Dan O'Neill, consultant from Springsted, said the City maintained its A -2 rating and the low bid was received from First Bank System. Springsted recommended accepting the offer. MOTION by Edwards to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,595,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997B AND PROVIDING FOR THEIR ISSUANCE to First Bank System. Second by Anderson. Ayes: Wippermann, Busho, Carroll, Edwards. Anderson. Nays: None. Motion carried. Police Chief Interview Discussion Mayor Busho requested discussion on the use of a contract for the Police Chief position. Wippermann noted that if termination is required before the contract expires, than the city may be obligated to pay the remainder of the salary. City Attorney LeFevere noted that termination is difficult in any case and especially if the employee is a veteran. City Administrator Burt noted that in Minnesota a severance package cannot be more than the employee's six month salary. Staff was directed to contact PERF and PDI regarding this issue. Announcements Councihmember Carroll noted that the Dakota County Partnership is hosting a meeting November 20 with a demonstration of the GIS (Geographic Informational System) at the Community Center, 4:00 p.m. to 5:30 p.m. Mayor Busho said the Northern Dakota County Board meeting will be at the Community Center on Wednesday, November 19; Share the Spirit, November 30, 5 p.m. Tree Lighting; December 2 is the regular Port Authority meeting and City Council meeting; and December 4 is the Truth in Taxation Public Hearing at City Hall at 7 p.m. Counciltnember Wippermann had questions regarding term limits for commissioners. It was determined that Wippermann would be qualified to re -apply for the Port Authority as long as he has a seat on the City Council. Mayor Busho adjourned the meeting at 8:17 p.m. Su•an M. W sh, City Clerk The City Council Agenda Packet is Clerk's File 1997 -37. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 18, 1997 Respectfully submitted, Linda Jentink, Reco ng Secretary 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 22, 1997 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Saturday, November 22, 1997, at 9:00 a.m. in the Council Chambers at City hall, 2875 145 Street West. Mayor Busho called the meeting to order with Councilmembers Andrson, Edwards, Carroll, and Wippennann present. City Administrator Burt was present also. Council interviewed the final two candidates, Gary Kalstabakken and Brad Johnson, for the position of Police Chief. MOTION by Carroll to extend a conditional offer of employment to Gary Kalstabakken for the position of Police Chief. Second by Anderson. Ayes: Anderson, Carroll, Wipperrnann, Edwards. Nays: Busho. Motion carried. Mayor Busho expressed concern that the City Council should have the ability to review the Police Chief. Council felt the appropriate place to discuss this issue would be at a future worksession. MOTION by Carroll to extend a unanimous conditional offer of employment to Gary Kalstabakken for the position of Police Chief Second by Edwards. Ayes: Five. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 1p.m. ru.,c i( etei L Attest: Susair 1 Walsh City Clerk erk Respectfully submitted, Thomas D. Burt,-C y dministrator 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 2, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 2, 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, Carroll, and Edwards. Councihnember Wippermann was absent. Also present were City Attorney LeFevere, City Administrator Burt, Community Development Director Rogness, Public Works Director/City Engineer Osmundson and Parks Recreation/Community Center Director Topitzhofer. Parks Recreation/Community Center Director Topitzhofer led the group with the Pledge of Allegiance. Two items were added to the agenda for New Business: Biscayne Pointe Subdivision, Item 9.d. and Commission Process, Item 9. e. There were no public comments or responses to previous public comments. Report on Legislative Hearing on the U of NI Prouertv City Administrator Burt reported on a meeting of the House and Senate Panel on the Agriculture Sub-Committee. Support was shown for agriculture research to continue at the University of Minnesota Rosemount Research Station and surrounding developable land. A Master Plan is in the process of being developed from the University of Minnesota. Consent Agenda MOTION by Edwards to approve the amended Consent Agenda. Second by Anderson. Ayes: Four. Nays: None. Motion carried. Decertification of TIF District No. 1 -2 Community Development Director Rogness presented the Decertification of the Tax Increment Finance (TIF) District No. 1 -2. Rogness reported that state law requires that if no activity takes place within a three year period that district must be decertified. The Port Authority or City Council may create a new district for this property at a future date if needed for another proposed re- development project. This district was located on the southwest corner of Highway 3 and Country Road 42, known as the Carlson site, for the purpose of a proposed motel and restaurant. MOTION by Edwards to adopt A RESOLUTION APPROVING THE DECERTIFI- CATION OF TAX INCREMENT FINANCING DISTRICT NO. 1 -2 OF THE CITY OF ROSEMOUNT. Second by Carroll. Ayes: Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. 1 Ordinance B Zonin Text Amendments Public Hearing: Modification to Downtown TIF District ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 2, 1997 Community Development Director Rogness presented amendments to the Ordinance B Zoning Text. The format has been changed to include all essential information in each section. A new classification of zoning has been incorporated with RL Very Low Density Single- Family Residential District. Several definitions and requirements have been changed to improve minimum standards. Also, Conditional Use Permits have been added. Staff requests that Council review the document thoroughly as will staff over the next two weeks for a final presentation to City Council on December 16, 1997. Council discussion ensued and they requested staff to return with additional information including a survey of surrounding conin iim ies. Mayor Busho opened the Public Hearing for the Modification to the Downtown TIF District. The recording secretary had the affidavits of posted, mailed and published notice on file. Community Development Director Rogness presented the proposed amendments to the Tax Increment Financing District No. 1 allowing funds to be used to purchase property at 14635 Burma Avenue and expenditures for future commercial enhancements. R400,000 is being added to the "Use of Funds" chapter in the Plan. Rogness noted that notices were mailed to htdependent School District 196 and Dakota County, neither responded. The Planting Commission recommends approval. There was no public testimony made. MOTION by Busho to close the public hearing for the Modification to the Downtown TIF District. Second by Anderson. Ayes: Carroll, Edwards, Anderson, Busho. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION ADOPTING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1; AND MODIFYING WITHiN DEVELOPMENT DISTRICT NO. 1 THE DOWNTOWN TAX INCREMENT FINANCING DISTRICT NO. I AND ADOPTING THE RELATED MODIFICATION TO THE TAX INCREMENT FINANCING PLAN THEREFOR. Second by Edwards. Ayes: Edwards, Anderson, Busho, Carroll. Nays: None. Motion carried. Birger Pond Joint Power Agreement with Apple Valley /Order Feasibility Report Public Works Director/City Engineer Osmundson reported on several meetings with the City of Apple Valley. The construction of an outlet to Birger Pond is essential to the development of that area. Engineering has proven that the majority of runoff conies from Rosemount property. The joint powers agreement with the City of Apple Valley is to prepare a Feasibility Report for an outlet to the Birger Pond Storm Water Retention Basin. The Apple Valley City Council approved the agreement on November 25, 1997. Long term maintenance costs plus the initial 1 1 capital costs will be discussed after the feasibility report is completed. This is a city initiated project. MOTION by Anderson to approve the Joint Powers Agreement for the Birger Pond Outlet with the City of Apple Valley and to authorize the necessary signatures. Second by Edwards. Ayes: Anderson, Busho, Carroll, Edwards. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION TO ORDER A FEASIBILITY REPORT FOR THE BIRGER POND OUTLET, CITY PROJECT 262. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Biscayne Pointe Subdivision Commission Process ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 2, 1997 Community Development Director Rogness presented the request from Heritage Development for a metes and bounds subdivision to separate the 13 acre first phase of Biscayne Pointe from the original 61 acres. The City Attorney advised that based on the already approved preliminary and final plats this request could be accommodated. This action will help the developer to proceed faster. The applicant, Toni Bisch of Heritage Development, Inc. was available for comment. City Attorney LeFevere pointed out that additional right -of -way on Biscayne Avenue was obtained through the plat, which is not being obtained in this subdivision. MOTION by Edwards to adopt A RESOLUTION APPROVING THE METES AND BOUNDS SUBDIVISION FOR HERITAGE DEVELOPMENT OF MINNESOTA, INC. Second by Busho. Ayes: Carroll, Edwards, Anderson, Busho. Nays: None. Motion carried. City Administrator Burt noted that the Commission Process, the re- appointment or replacement of commissioners whose terns were ending, would need to begin. Burt requested Council to consider a deadline date to receive applications and an interview date. The consensus was to have January 9th, a Friday, be the final date for accepting applications and to tentatively set January 20, prior to the City Council meeting as an interview date. Announcements Parks Recreation/Community Center Director Topitzhofer reported that Share the Spirit held November 30 was very successful. Topitzhofer estimated that 3,000 people attended. This was the first year for an indoor parade which worked very well. Mayor Busho noted that Thursday, December 4, at 7:00 p.m., a public hearing will be held at City Hall for Truth in Taxation for residents. This allows staff to make a presentation and answer any questions that residents may have about the City's budget for 1998. 1 1 Executive Closed Session MOTION by Edwards to adjoum to an Executive Closed Session regarding the Krech Landscaping issue. Second by Busho. Ayes: Four. Nays: None. Motion carried. Attorney LeFevere noted that the closed session was advised for attorney /client privileges. Mayor Busho returned to the regularly scheduled City Council meeting and adjourned that meeting at 9:30 p.m. Su an M. W r, City Clerk The City Council Agenda Packet is Clerk's File 1996 -38. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 2, 1997 Respectfully submitted, Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 4, 1997 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Thursday, December 4, 1997, at 7:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Carroll, Edwards and Wippennami. Also in attendance were City Administrator Burt, Community Development Director Rogness, Public Works Director /City Engineer Osmundson, Parks Recreation Community Center Director Topitzhofer, Fire Chief Aker, Police Chief Knutsen, and Finance Director May. Mayor Busho welcomed everyone. Busho noted the new informational brochure for residents explaining budget expenditures and services. This type of resident friendly information should be continued. City Administrator Burt provided an overview of the 1998 operating budget. The majority of residents probably saw little change in the total amount of taxes for 1998. However, shifted tax capacity rates have changed where the tax dollars are being spent between the City, County, School District, and Special Districts. The average home value in Rosemount is S118,000. The Tax Capacity Rate is 40.3 There were no residents in attendance for the meeting, but two local newspapers attended. City Administrator Burt asked Council if they would like to reconvene this meeting at the tentatively set date of December 18. 1997, at 7:00 p.m. for further discussion. The Council consensus was not to reconvene the meeting. MOTION by Edwards to close the public hearing. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. It was noted that adoption of the 1998 levy and budgets would be considered by the City Council at its December 16, 1997 regular meeting. Mayor Busho adjoumed the meeting at 7:12 p.m. 4 Su n M. Wa 1 City Clerk The City Council Agenda Packet is Clerk's File 1996 -39. Respectfully submitted, Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE DECEMBER 15, 1997 Pursuant to due call and notice thereof a Committee of the Whole meeting of the Rosemount City Council was held on Monday, December 15, 1997, beginning at 6:30 p.m. Mayor Busho called the meeting to order with all Councilmembers Anderson, Wippennann, Carroll and Edwards present. Also in attendance were the following staff members: City Administrator Burt, Community Development Director Rogness and City Planner Pearson. Discussion was held on the following items. SIGN ORDINANCE TEXT AMENDMENT Staff gave a brief overview of the proposed ordinance. Discussion ensued on the value of a reader board sign at the Community Center and the message content. The new sign at the Community Center would be used to promote events open to the public and community sponsored events. EVALUATION PROCESS City Council discussed how they would provide input in the evaluation process of Department Heads by the City Administrator. Consensus was that the Administrator would inform the City Council in advance of a department heads performance review and they would have the opportunity to formally or infonnally give their comments to the Administrator so he could include their comments as part of the review process. Administrator Burt requested the City Council have their comments to hint by December 30, 1997, so they may be included as part of the upcoming performance review of Department Heads. SKATEBOARD PARK City Council expressed support of participating and working cooperatively with Burnsville, Eagan, Lakeville, Apple Valley, Prior Lake and Savage, and to participate financially in a one time contribution to a proposed skateboard park in the City of Bumsville. City Administrator Burt will contact the City Attorney and ask him to contact Burnsville City Attorney to work out the details of the financial support and to address a waiver for Rosemount from any possible liability. PREZONING PROCESS Postponed to a future meeting. ZONING ORDINANCE Rogness summarized major changes in the city's proposed first phase of a total revision of the zoning ordinance. In addition to a change in the format, staff has proposed the addition of conditional uses in all zoning districts and an increase in housing standards. Rogness reviewed comparisons of standards with other surrounding cities. He also recommended that the Council 1 1 consider not changing the foundation/basement standards or the housing density standards. A letter from the Minnesota Builders Association was distributed by staff, with a representative present along with various builder /developers. After much discussion among the Council, staff and builders, the following recommendations were made to be considered at the next day's regular City Council meeting: (a) delete new standards for basements in housing units; (b) retain the gross designation for maximum housing densities; (c) require a minimum 1,000 sq.ft. gross useable floor area for housing in the R -1 and R -1A districts and 1,200 sq.ft. in the RR and RL districts; (d) include attached 2 -car garages at a minimum 440 sq.ft. for single family detached and attached units as a new standard; and (e) move public parks as conditional uses in the housing zoning districts. MEETING DATES The January 1998 Committee of the Whole meeting date was changed to January 21, 1998 and the February meeting was changed to February 18, 1998. Adjournment 10:15 p.m. Al.;4so AtteS(: Susan M.$alsh, City Clerk The City Council Agenda Packet is Clerk's File 1997 -40. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE DECEMBER 15, 1997 Respectfully submitted, Thomas D. Burt, Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 16, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 16, 1997, at 7:32 p.m. in the Council Chamber's at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Edwards, Carroll, and Wippermann. Also, present were City Attorney LeFevere, City Administrator Burt, City Engineer /Public Works Director Osmundson, Parks Recreation /Community Center Director Topitzhofer and City Planter Pearson. Mayor Busho introduced Scout Master Scott Sauter along with a Color Guard from Boy Scout Troop 295. The Scouts presented the colors and Scout Master Sauter led the group in the Pledge of Allegiance. Mayor Busho pulled Item 6p. Laidlaw Community Trust Fund Appointment from the Agenda explaining that her tent was not up so she would not be recommending an appointment to the Laidlaw Community Trust Fund at this time. There was no business added to the agenda. However, there were three corrections /additions added to Items 5b. Approval of 1998 Budget: Setting 1998 Levies and Budgets, bg. 1998 License to Sell Cigarettes at Retail Renewals and 8b. Ordinance B Zoning Text Amendments. Public Comment /Response Myron Napper, 3381 145th Street East, spoke on behalf of concerned citizens with regards to the environment. He expressed concern over the pollution surrounding Rosemount, Coates, Inver Grove Heights and Hastings. He had a petition with more than 100 signatures of concerned citizens from the above communities. Ken Schindeldecker, 4485 160th Street East, also expressed his concerns regarding the environment. Schindeldecker requested that the Council please consider all their concems and not let the businesses in this area expand anymore. Police Chief Knutsen Recognition Police Chief Knutsen was presented a plaque for his twenty -five years of dedicated service to the City of Rosemount from 1972 1997. A round of applause was offered for a job well done. A. roval of 1998 Budget: Settin' 1998 Levies and Bud ets City Administrator Burt gave a brief overview of the 1998 Budget. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE 1998 GENERAL FUND OPERATING BUDGET, THE 1998 CAPITAL IMPROVEMENT PROGRAM BUDGETS (CIP), THE 1998 INSURANCE BUDGET AND THE 1998 LEVY REQUIRED BY THE CITY OF ROSEMOUNT. SECOND by Carroll. Ayes: Wippermann. Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. 1 1 MOTIONby Edwards to adopt A RESOLUTION LEVYING A TAX FOR CONSTRUCTION OF A STATE ARMORY BUILDING. SECOND by Busho. Ayes: Busho, CanolI, Edwards, Anderson, Wippermann. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION APPROVING A SPECIAL TAX LEVY FOR FUNDING OF AN ARMORY. SECOND by Anderson. Ayes: Carroll, Edwards, Anderson, Wippennami, Busho. Nays: None. Motion carried. Consent Agenda Councilmember Wippermann pointed out a correction to the resolution for Item 6. o Laidlaw Community Trust Agreement Amendment. The amount was should have been seventy-five thousand in paragraph number 1. Mayor Busho apprised the Council that the name USPCI has been changed to "Laidlaw Environmental Services Rosemount, Inc. and Laidlaw Environmental Services Rosemount Community Trust Fund." Also, Rosemount Tobacco was added to the list of 1998 License to Sell Cigarettes at Retail, 6.g. MOTION by Wippermann to approve the amended Consent Agenda SECOND by Anderson. Ayes: Five. Nays: None. Motion carried. Lance Johnson Mineral Extraction Permit Renewal City Planner Pearson presented an overview of the renewal for the Lance Jonson Mineral Extraction Permit. Pearson explained to Council he had conversations with Lance Johnson, the property owner, and Mr. Koelmen, the neighboring property owner. They were able to resolve issues and concerns Koelmen had expressed. Staff had presented several conditions, which were reviewed by Attorney Malkerson for Lance Johnson. Additional changes resulted in paragraphs 3, 4 and Y. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 16, 1997 The Council was most concerned with who would be responsible for restoration. Staff explained that the bond required would be protection for restoration. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE 1998 MINERAL EXTRACTION PERMIT RENEWAL FOR LANCE JOHNSON adding the recommended changes by Staff subject to confirmation through Dakota County. SECOND by Carroll. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Sign Ordinance Text Amendment City Planner Pearson gave an overview of this text amendment apprising the Council that a public hearing was held at the Planning Commission, and the Planning Commission unanimously reconmtended its adoption. This amendment allows an outdoor electronic message display sign at 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 16, 1997 the Community Center /Armory. The National Guard contributed half the funding for this sign with the other half raised or donated over the past three years. Councilmember Wippermann expressed concems with the adoption of this amendment in regards to vehicular safety and its application throughout the City. Wippernann was against encouraging this type of signage all over the City. Kay Knutson, 13729 Danbury Path, spoke favorably about this type of signage. She feels this sign is greatly needed within the City and would like to see it opened up to all zoning, not just Public /Institutional. Ena Cisewski, 14675 Biscayne Way, voiced her support for the above- mentioned sign and amendment. She felt since Rosemount doesn't have a traditional small town newspaper this would be a way to get local announcements out to the people. Following discussion, the Council agreed the process of applying for a "Conditional Use Permit" (CUP) was the appropriate approval process for this type of sign. MOTION by Edwards to adopt the ordinance amendment to Section 10 of the Zoning Ordinance for ground signs and electronic reader boards in the P Public /Institutional District and have the Mayor give Staff direction to start the "Conditional Use Pennit" requirements. SECOND by Busho. Ayes: Anderson, Wippemtann, Busho, Carroll, Edwards. Nays: None. Motion carried. Ordinance B Zoning Text Amendment City Planner Pearson reiterated the changes which the Planning Commission had discussed at a Public Hearing. The outcome of the Public Hearing was the Planning Commission recommending that the City Council adopt the changes. These amendments deal directly with creating standards for housing, residential and agricultural districts, new definitions. conditional use process and format modifications. Pearson advised that the changes were discussed at the Committee of the Whole meeting the evening before and were incorporated into the amendment for Council review. Also, a letter from the Builders Association of the Twin Cities was submitted. MOTION by Anderson to adopt the zoning ordinance text amendments for Section 3, 4, 6 and 12 of the zoning ordinance. SECOND by Carroll. Councilmember Edwards offered a Friendly Amendment to include language requiring a 4/5 majority vote on a "Conditional Use Pennit." SECOND by Anderson. City Attorney LeFevere apprised the Council that language should be added to Section 12.7, Paragraph B which deals with "Application of Public Hearing Notice Procedures" and a sentence 1 1 added that a Council. Roll Call on carried. Mayor Busho adjourned the meeting at 9:15 p.m. "Conditional Use Permit" may be granted only by affirmative vote of 4/5 of entire Motion: Wippermarm, Busho, Carroll, Edwards, Anderson. Nays: None. Motion The City Council Agenda Packet is Clerk's File 1997 -41. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 16, 1997 Respectfully submitted, o wc,G-Qet Cindy Dorniden, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 6, 1998 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 6, 1998, at 7:30 p.m. in the Council Chamber's at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Carroll, Anderson, Edwards and Wippermann in attendance. Also, present were City Attorney LeFevere, City Administrator Burt, City Engineer /Public Works Director Osmundson, Civil Engineer Litterer, Parks Recreations Community Center Director Topitzhofer and Police Chief Kalstabakken. Police Chief Kalstabakken lead the group in the Pledge of Allegiance. Item 6f. Designation of Official Newspaper was pulled from the Consent Agenda for discussion. Additional information was provided on this item for City Council review. Public Comment /Response There was no public comment, however, Mayor Busho responded to comments made by Myron Napper, 3381 145th Street East and Ken Schindeldecker, 4485 160th Street East, at the last regular Council meeting. The Mayor was addressing their concerns by arranging a meeting with Dakota County in the near future. Police Chief Kalstabakken Introduction City Administrator Burt introduced and welcomed Police Chief Kalstabakken. Kalstabakken thanked staff and City Council and noted he looked forward to serving the City of Rosemount. Consent Agenda MOTION by Busho to approve the Consent Agenda removing Item 6.f. Designation of Official Newspaper. SECOND by Anderson. Ayes: Five. Nays: None. Motion carried. Designation of Official Newspaper City Administrator Burt advised Council that a revised bid was received for legal publication costs from The Dakota County Tribune, Inc. This was the lowest price quoted. At present Rosemount Town Pages is the Official Newspaper for City publications. Staff has been satisfied with the Farmington Independent, however the circulation for the "ThisWeek" is over 5000, whereas the Town Pages is 900. This was not a formal bid process so Council would not be required to accept the lowest price quote. Council discussed several options and requested staff to negotiate further with the involved newspapers and make a recommendation. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 6, 1998 Receive Feasibility Report/Order Public Hearing Chippendale Avenue Improvements, City Project 290 Public Works Director /City Engineer Osmundson and consultant Brett Weiss, P.E. of WSB and Associates, reviewed the Chippendale Avenue Project from County Road 42 to 160th Street West. There will be an informational open house on Thursday, January 22, 1998, from 5:00 p.m. to 7:00 p.m. The Public Hearing is scheduled for February 3, 1998, at the City Council meeting. This is a State Aid Project and the first project to use the Metric System for measurements. Winds Crossing Park will be improved with a paved parking lot and grading changes to control erosion. Walking pathways will be continued and reconstructed on the west side of Chippendale Avenue. A separation island median is planned between 151st Street West and County Road 42 which may cause some controversy to adjacent businesses. These businesses will be contacted individually by staff for meetings. The island is recommended for maximum safety at the intersection. MOTION by Edwards to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT /SET PUBLIC HEARING ON CHIPPENDALE AVENUE STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 290. Second by Busho. Ayes: Busho, Carroll, Edwards, Anderson, Wippermanm. Nays: None. Motion carried. 145th Street West Street Utility Improvements, City Project 291 Public Works Director /City Engineer Osmundson explained the reconstruction of 145th Street from the railroad tracks east to County Road 42. The major work will involve total street reconstruction and will include sidewalks, stonn drains, and fix the low area at Greif Brother's parking lot. Assessments per household are estimated at $2,306. There are no plans at this time to close the intersection at County Road 42 and 145th Street West. MOTION by Busho to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT /SET PUBLIC HEARING FOR 145TH STREET WEST AND UTILITY IMPROVEMENTS, CITY PROJECT 291. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Wippernann, Busho. Nays: None. Motion carried. Mayor Busho announced that she will be providing City Council with a monthly update on the meetings and events she attends to keep them informed. The Showcase 1998 will be on Sunday, January 18, from 11:00 a.m. to 4:00 p.m. City Council is encouraged to attend and the Police Department is requested to have a squad car demonstration. Parks Recreation /Conununity Center Director Topitzhofer announced that the Indoor Shooting Range will have its grand opening Wednesday evening, January 7. A survey during the planning process of the Community Center indicated the shooting range was a desirable use. There have been many positive phone calls for the range. Teen Night will be January 9th with over 200 teens expected. Chaperones are always needed and welcomed. 1 1 1 Mayor Busho adjourned the meeting at 8:36 p.m. The City Council Agenda Packet is Clerk's File 1998 -1. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 6, 1998 Respectfully submitted, Linda Jentink, Recording Secretary Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Tuesday, January 20, 1998, 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. Council interviewed candidates for commission appointments and the consensus was that the following names would be presented for consideration at the upcoming City Council meeting: Michael Eliason, Parks Recreation Janet Larson, Parks Recreation Ena Cisewski, Parks Recreation Jeff Caspar, Port Authority Dennis Wippennann. Port Authority Donald Berg, Utilities The meeting was adjourned at 7:00 p.m. The City Council Special Workshop is Clerk's File is 1998 -2. ROSEMOUNT CITY PROCEEDINGS SPECIAL CITY COUNCIL MEETING JANUARY 20, 1998 Respectfully submitted, City Administrator Thomas D. Burt Recording Secretary 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 20, 1998, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with all members present, Anderson, Wippermann, Carroll. and Edwards. Staff members present were City Administrator Burt, Assistant to the Administrator Walsh, Parks Recreation Director Topitzhofer, Police Chief Kalstabakken, Public Works Director Osmundson and City Attorney LeFevere. Jaycee Member Keith Wunder -Joyce led the group in the Pledge of Allegiance. The agenda was amended by removing Item 6(h) The Enclave PUD Agreement and adding Item 8(b) Rescheduling of March 3, 1998 Council Meeting and 8(c) Koch Community Advisory Committee. Jaycee Week Proclamation Mayor Busho proclaimed the week of January 18 -24, 1998 as Jaycee Week. Several members of the Rosemount Jaycees were present, and the City Council thanked them for their many years of service to the community. Marcus Cable Update ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 20, 1998 District Manager Karen Sanderson and Technical Operations Manager Darin Helgeson updated the City Council on the installation of new tiber -optic cable. Rosemount and eastern Apple Valley will be the first areas to get the upgrades. The new improvements will add nineteen new channels and better picture quality. Consent Agenda Mayor Busho requested that the 5th paragraph on page 2 of the January 6, 1998 Regular Council Meeting minutes be changed to reflect that she will update Council at least on a monthly basis about the meetings and events she attends. MOTION by Wippermann to approve the Consent Agenda with the removal of Item 6(11) and the noted change to the January 6, 1998 Council minutes. Second by Edwards. Ages 5. Nays: 0. Motion carried. Designation of Official Newspaper MOTION by Edwards to designate the Rosemount Town Pages as the City's Official Newspaper for the year 1998. Second by Carroll. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: 0. Motion carried. 1 1 1 Commission Selection ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 20, 1998 City Administrator Burt advised that the City Council interviewed the candidates this evening for the various vacancies on the city commissions. Following the interviews, the City Council unanimously agreed to the following appointments: Michael Eliason, Janet Larson and Ena Cisewski for the Parks Recreation Board; Jeff Casper and Dennis Wippermatm for the Port Authority; Donald Berg for the Utilities Commission and William Droste for the Planning Commission. MOTION by Carroll to appoint the applicants specified for the specific commissions by the city administrator with the appointments to be effective February 1, 1998. Second by Busho. Ayes: Wippemtann, Busho, Carroll, Edwards, Anderson. Nay: None. Motion carried. Koch Community Advisory Committee Mayor Busho discussed the formation of a new advisory committee to be made up of members from the cities of Rosemount and Inver Grove Heights and Dakota County. She advised the committee will review and discuss concerns and issues involving Koch Industries and advise Koch on these matters. Mayor Busho answered several questions from members of the Council. She stated she requested City Administrator Burt to work with the administrators from Inver Grove Heights and Dakota County to draft a position statement or bylaws for this committee. Council agreed they should have the opportunity to review the proposed bylaws. Mayor Busho advised the final draft will be presented to the City Council for approval as well as appointments to the committee. Rescheduling of March 3, 1998 Regular Council Meeting The City Council unanimously agreed the March 3, 1998 Regular meeting should be changed to Wednesday, March 4, 1998 since a city council meeting cannot be held on caucus night. Mayor Busho reviewed city- related events scheduled for January and February. There being no further business, the meeting was adjoumed. Respectfully submitted, 2 Su sh, City Clerk 1 1 ATTEST: tiL Thomas D. Burt, City st 'tor The City Council Agenda Packet is Clerk's File 1998 -3. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 20, 1998 1 1 1 ROSEMOUNT CiTY PROCEEDINGS COMMITTEE OF THE WHOLE JANUARY 21, 1998 Pursuant to due call and notice thereof a Committee of the Whole meeting of the City Council was held on Wednesday, January 21, 1998, at 6:30 p.m., at the Public Works Maintenance Facility. Mayor Busho called the meeting to order with all members present. City staff in attendance were City Administrator Burt, Public Works Director Osmundson, Community Development Director Rogness, City Planner Rick Pearson, Parks Recreation Director Topitzhofer and Assistant to Administrator Walsh. The following agenda items were discussed: Prezoning: City Planner Rick Pearson cited several reasons for the City Council to consider the concept of prezoning property and identified four areas where it would be feasible to do so at this time. It was noted that recent legislature requires cities to bring zoning into conformance with revised comprehensive guide plans; and this regulation forces cities to zone land that has potential for development to the most appropriate zoning level. Following considerable discussion, Council agreed prezoning would give more control to the City Council, and they were in favor of going forward with the four identified areas. It was also recommended that the Council adopt a policy statement supporting this concept. City staff will also review other rezonings after amending the comp guide plan in 1998. Criteria for Cluster Development: Planning staff presented criteria for clustering within residential development. Discussion was held on reasons clustering should be encouraged, criteria for implementing clustering techniques and guidelines for clustering techniques. Staff's objective is to allow lot dimensional reductions for areas that have environmental preservation benefits. Members of the council proposed some changes to the criteria and agreed the concept should be pursued and formalized. Assessment Policy: City Council and staff reviewed the current assessment policy and reviewed assessments adopted by other cities. Council agreed that Rosentount's assessments were equitable and also agreed that assessments for 1998 should reflect a 2.5 percent increase in construction costs. 145th Street Project: Public Works Director Osmundson discussed the 145th Street improvement project advising that an informational meeting is scheduled for this week and the public hearing is set for February 3, 1998. Staff were directed to continue working with property owners on this project as well as the Chippendale project. 1 1 1 Public Works Maintenance Buildin Addition: Fire Chief Selection Process: ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JANUARY 21, 1998 Discussion was held on a proposed expansion of the public works maintenance building. Staff noted that the city spends $12,000 a year for space from the University of Minnesota, and these funds could be applied towards financing the expansion. Staff recommended that funds also be utilized from the water operating budget, sanitary sewer budget and CIP to pay for a 20 year mortgage. The addition, except for a receptionist area, would primarily be for storage and maintenance of city vehicles and equipment. Following considerable discussion, Council agreed staff should contact an architect to design the addition, including the space needed to replace the pole shed. Staff updated the City Council on the selection process for the Fire Chief position advising that two candidates had applied. A concern was expressed from one of the candidates that the new job description, with new qualifications, for the position had only been given to the employees a week before the application deadline. Following discussion, Council agreed the revised job description was appropriate and should not be changed and that the application process should be followed as outlined in the personnel policy. City Administrator Annual Evaluation: The Council agreed that the city administrator's performance evaluation should be conducted on February 3, 1998 and directed Assistant to Administrator Walsh to provide Council with the appropriate information prior to this date. There being no further business, the meeting was adjoumed. The City Council agenda packet is Clerk's File 1998 -4. Respectfully submitted, ziAd Susan M. Walsh, City Clerk Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. February 3, 1998, at 7:32 p.m. in the Council Chamber's at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Anderson, Carroll, Edwards and Wippermaim present. Also, present were City Attorney LeFevere, City Administrator Burt, City Engineer/Public Works Director Osmundson. Assistant to the Administrator Walsh, Finance Director May, Parks RecreatioNConmrunity Center Director Topitzhofer, Community Development Director Rogness, Police Chief Kalstabakken, and City Engineer Litterer. Recording Secretary Maryann Stoffel led the group in the Pledge of Allegiance. Consent MOTION by Edwards to approve the Consent Agenda. Second by Carroll. Ayes: Five. Nays: None. Motion carried. Broback Industrial Park Re -Plat Town Meeting ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 3, 1998 Community Development Director Rogness presented the Council with the Preliminary Plat for the Broback Industrial Park. This plat has been recently re -zoned from Industrial to RI, single family. The preliminary plat suggests 31 lots all of which have access onto local streets. Nine of those lots would require variances to front yard setback and lot depth due to the requirements for lots that back up to collector streets. MOTION by Busho to table action on Broback Industrial Park until a new preliminary is submitted showing additional widths as discussed. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Mayor Busho encouraged Council Members to attend the Rosemount Town Meeting to be held Thursday, February 19, 1998, 6:30 p.m. to 8:30 p.m. at the Rosemount Community Center. The focus of the meeting is to promote a healthy community and healthy youth. County Road 42 Study Public Works Director Osmundson announce there will be an open house at the Apple Valley Government Center on February 26 from 5:00 p.m. to 8:00 p.m., regarding the County Road 42 study. Solutions for improving CR42 are to be discussed. Public Hearing: 145' Street West Street and Utility improvements, City Project 291 Mayor Busho opened the public hearing for the 145th Street West Street and Utility Improvements, City Project 291. The recording secretary had the affidavits of posted, mailed, and published notice on file. 1 1 1 Mayor Busho opened the floor for public questions. ROSEIIIOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 3, 1998 Public Works Director Osmundson apprised the Council regarding the proposed improvements to 145' Street West for the section east of the railroad track to the intersection of County Road 42. Dave Simons, representing SEH, reviewed the proposed project stating that the project includes street work, sanitary sewer improvements, and watennain improvements which includes stubs for future developments. The improvements would widen 145t Street and eliminate the ditches in order to control drainage. The project is expected to be substantially complete by the fall of 1998 with the final lift of asphalt in the spring of 1999. Chuck Riger, Greif Brothers, Inc., expressed concern regarding access during construction, the proposed bituminous walkway, and traffic for both cars and pedestrians. Mr. Riger would also like to see the assessment rate for commercial properties. Public Works Director Osmundson will set up a meeting to answer these questions. Lawrence Kane, 2387 145 Street West, questioned if there is to be any lighting with this project and also expressed concerns about drainage. Mr. Osmundson indicated that at this time there were no plans for lighting, but will look at the situation during the reconstruction period. Joe Zanmiller, 3610 156 Street questioned whether the lots will meet the required setbacks after the improvements are made. Mayor Busho opened the floor for public testimony. Betty Zanmiller, 2745 145t Street West, expressed concern over the proposed estimate of the assessment amount and the ability to recover such an assessment. Joe Zanmiller, 3610 156' Street, would like to see an alternative method of assessment and finding. John Zanmiller, 2745 145t Street would like the cost to be spread over a greater geographical area. Lawrence Kane, 2387 145t Street West, is concemed with the traffic problems, and would like the assessment to be distributed to a greater area. MOTION by Busho to close the public hearing. Second by Anderson. Ayes: Five. Nays: None. Motion carried. MOTION by Wippemtamt to adopt a resolution for the approval and ordering the preparation of plans and specifications for the 145t Street and Utility Improvements, City Project #291. Second by Edwards. Ayes: Carroll, Edwards, Anderson, Wippermatm, Busho. Nays: None. Motion carried. 1 1 1 Public Hearing: Chippendale Ave, City Proiect 290 Mayor Busho opened the public hearing for the Chippendale Avenue Street and Utility Improvements, City Project 290. The recording secretary had the affidavits of posted, mailed, and published notice on file. Public Works Director Osmundson apprised the Council regarding the proposed improvements to Chippendale Avenue for the section south of County Road 42 to the intersection of 160t Street West. Brett Weiss, representing WSB reviewed the proposed project stating that the project includes street utility work, a median between 150t Street and 15P Street, and a re- alignment of Chippendale at 160th Street. Mayor Busho opened the floor for public questions. Ron Carlson questioned the number of accidents on Chippendale from 150t to 15P Street. He concurs that stop sign on 151" Street is advisable. Evergreen Gardens questioned the closing of the accesses and turn lanes. Mayor Busho opened the floor for public testimony. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 3, 1998 Chuck Rothstein, representing the Holiday Station, expressed concem over the restricted access. Mr. Rothstein cited a development contract in 1985 stating the city would give unrestricted access and that the city was devoted to the development of that area. Mr. Rothstein believes there is enough area to widen the street and create a dedicated left turn lane with a cut in the median. E.B. McMenomy, 15872 Chippendale Avenue, indicated that the Winds Park area needs to be cleaned up, and there is not enough stacking along Chippendale as proposed. Harold John Wachter believes that O'Learys Hills should be included in the assessment for this project and felt that this project is too expensive. Dan McNulty, 15670 Cicerone Path feels that the road is adequate and is hesitant to proceed with a project at this magnitude. Mr. McNulty doesn't agree with the projections for increased traffic. Ron Carlson, Carlson Properties, believes there is a development contract between the City and the businesses off of CR42 regarding access. Mr. Carlson would like that contract to be upheld. Council noted the receipt of a comment card from Barb Knutson, 15496 Chokecherry Avenue. MOTION by Busho to close the public hearing. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Council discussed the median, access, contracts and the liabilities involved in this project. MOTION by Edwards to adopt a resolution for the approval and ordering the preparation of plans and specifications for the Chippendale Avenue Street and Utility Improvements, City Project 290. Second by Anderson. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. MOTION by Edwards to move to a closed session. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. Mayor Busho reconvened the meeting at 11:14 p.m. MOTION by Wippermann to approve a 3% cost of living adjustment effective January 1, 1998 with a step increase effective March 14, 1998, for the City Administrator Thomas D. Burt. Second by Carroll. Ayes: Five. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 11:17 p.m. S M. s h City Clerk The City Council Agenda Packet is Clerk's File 1998 -8. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 3, 1998 Respectfully submitted, Maryann Stoffel, Recording Secretary Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 17, 1998, at 7:35 p.m. in the Council Chamber's at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann, Carroll, and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, City Engineer /Public Works Director Osmundson, Finance Director May, and City Planner Pearson. City Planner Pearson led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 17, 1998 The Broback Park Addition Resolution, Item 7.a., was presented to Council with a change in the number of lots due to the re -plat of the project. Koch Refining Update on Permits MPCA Action Mike Hansel, Acting Director of Public Affairs for Koch Refining Company L.P., presented the City Council with its plan for future permits with the Minnesota Pollution Control Agency (MPCA). Koch has requested permits for Above Ground Tank Replacement and an Air Quality Operating Permit in compliance with the Clean Air Act of 1990. The tanks will be improved with liners, detection devices, and inventory controls which will be preventative measures to insure if fixture leaks occur they are found immediately. This involves 14U -150 tanks. There will be public informational meetings for each of these permits. Mayor Busho offered a mailing list from the city. Bob Dyllinger, from the MPCA Above Ground Tank Permitting, supported Koch's plan to improve tank storage. The MPCA is interested in the public's concerns and is available for questions or comments. Chris Bashor at MPCA is the project manager for Koch Refining Company L.P. Mayor Busho opened the meeting for public comment. Myron Napper, 3381 145 Street East, asked if the permit requested was a Title 5 or a new type of permit? Mr. Hansel responded that it was a Title 5. Napper noted that he did not agree with the placement of the monitors for the risk assessment. Napper concluded that the height of the chimneys allowed the wind to carry pollutants much farther so the monitors, being close, would not take correct readings. Hansel noted that all sites for monitors were selected by the MPCA. The risk assessment information is reviewed yearly and two new monitors are scheduled to be installed in the southern region. Merlin Schindeldecker, 3335 146th Street, noted that prevention of spills should be the first item of order. Schindeldecker said that Koch is not a good neighbor. Councilmembers questioned Hansel on the reason for delay with the large spill that occurred in 1992. Hansel noted that engineers of Koch and MPCA at that time made an incorrect prediction of the flow of ground water, so tracking the fuel underground was inaccurate and the size of the spill was not known. Now a trench 2,500 feet long has been installed to intercept the ground water and filter it to remove the oil. Hansel invited time City Council and residents to an open house at Koch Refining for Community Day, March 4, 199S, 4:00 p.m. to 8:00 p.m. Treats and tours will be provided. 1 1 1 County Road 42 Corridor Study ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 17, 1998 Public Works Director Osmundson displayed a map of the plan for the County Road 42 Corridor with collector streets. There will be an open house at the Apple Valley Government Center on February 26 from 5:00 p.m. to 8:00 p.m., regarding the County Road 42 study. Solutions for improving CR42 are to be discussed. The goal is to improve operation of County Road 42 in balance with the existing environment. Community input is welcome. Consent MOTION by Anderson to approve the Consent Agenda. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. Broback Park Addition Replat City Planner Pearson presented the Broback Park Addition re -plat. Two lots had been eliminated in order to reduce the variances for lot width. Council was satisfied with the changes. MOTION by Carroll to adopt A RESOLUTION APPROVING A PRELIMINARY PLAT OF BROBACK PARK. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Receive Petition /Order Feasibilitv Report for Broback Park Addition Street Utility Improvements, City Project #279 Public Works Director Osmundson noted that a petition had been received by the owners of Broback Park Addition for city street and utility improvements. The cost for it would be incurred by Brobacks. MOTION by Edwards to adopt A RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FOR BROBACK PARK ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 279. Second by Wippernann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. CMC Heartland Partners I PUD Development Plan and Rezoning City Planner Pearson reviewed the Public Hearing held at the Planning Commission meeting on February 10, 1998 at which the Planning Commission approved the concept plan for CMC Heartland Partners I. The concept plan contains four types of housing: single family, mansion homes, townhomes, twinhomes; and park land. The first phase plans to have 27 single family homes, 10 twinhome units, 120 townhome units (six per building) and an 8.7 acre park The townhomes have the side of the 6- plexes facing the street and are designed such that the garages are on one side of the building and the entry doors on the opposite side. There is a network of sidewalks servicing the townhouses. 1 John Uban, Jim Lambeth, and Reid Hansen were present to support the CMC Heartland Partners I. The driveways for the townhomes are central courts only for occupants, and visitors would be expected to park in the street. There are also sixty additional parking spaces for visitors. The central courts would have a 20 foot wide street and the driveways on each side are 20 feet long. Some Councilmembers had concerns for safety with the narrower street although the Fire Marshall had approved the variance. The homeowners association would be responsible for snow removal. The adjoining property owner, Dakota County Garage, has indicated that they would not participate in joint landscaping which included a berm partially on their property with trees. Mayor Busho asked about price, basements, and street lighting. The Townhome price is estimated to be $120,000 to S130,000; basements would be available in the twinhomes; and ornamental street lighting is planned in the streets and central courts. Lawrence Kane, 2387 145th Street West, asked about construction working hours which should be 7:00 a.m. to 8:00 p.m. Kane noted that CMC has met with neighbors and he was pleased with the compromises that have been reached. Staff will continue working with CMC Heartland Partners and present a Planned Unit Development Agreement at the next meeting if possible. Announcements Mayor Busho reminded all that the next City Council meeting will be held Wednesday, March 4, 1998, due to the Precinct Caucuses held on March 3. Up coming events are: Town Meeting, February 19; County Road 42 Informational Meeting, February 26. 4 pm -8 pm, at the Apple Valley Government Center; Youth Summit, February 27, at the Community Center; Koch Refining Community Day, March 4, 4:00 pm -8:00 p.m.; City Volunteer Recognition, March 5, 7:00 p.m.- 8:30 p.m.; and the Shamrock Award Dinner, March 14, 5:30 p.m., at the Community Center. Mayor Busho adjourned the meeting at 10:26 p.m. Su h, City Clerk The City Council Agenda Packet is Clerk's File 1998 -6. ROSENIOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 17, 1998 Respectfully submitted, I GI Zd i V Linda Jentink, Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE FEBRUARY 18, 1998 Pursuant to due call and notice thereof a Committee of the Whole meeting was held on February 18, 1998, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Anderson, W ippermann and Edwards present. Also in attendance were City Administrator Burt, Community Development Director Rogness, and City Attorney LeFevere. Conunercial Street Lighting Plan: Discussion was held on implementing the commercial street lighting plan and the cost involved for installing decorative street lighting. Council agreed this plan should begin with replacing the downtown decorative street lights, installing the trail along Highway 3 from the downtown area to the community center and include provisions for lighting with the 145th Street project. Council also discussed future phases of the street lighting plan which may include Chippendale, Highway 3, County Road 42, streets between 151st Street and 42 and Chili Avenue, between 145th Street and County Road 42. Open Meeting Law /Data Practices Policy: City Attorney LeFevere reviewed with Council open meeting and data practices laws. Staff reviewed with Council the final draft of the data practices policy. Goal Setting Session: Council agreed that rather than hold a special meeting to discuss items relating to goals and visions for the city, these items could be discussed at committee of the whole meetings during the next few months. The City Council agenda packet is Clerk's File 1998 -7. Respectfully submitted, ax,rfC/ Susan M. Walsh, City Clerk 1 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Wednesday, March 4, 1998, at 7:31 p.tn. in the Council Chamber's 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, City Engineer/Public Works Director Osmundson, Finance Director May. Police Chief Kalstabakken, and Community Development Director Rogness. Finance Consultant O'Neill led the group in the Pledge of Allegiance. Chanties to the Agenda The position of agenda numbers 7.b. and 7.c. were reversed because a feasibility report can not be ordered before a preliminary plat is approved. Councilmember Anderson announced she would not participate in Item 8.b. Zoning Text Amendment for General Industrial District due to conflict of interest. The motion in Consent Agenda Item 6.g. Mineral Extraction Permit Renewal Danner, was split into two separate motions for consideration. Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 4, 1998 MOTION by Anderson to approve the Consent Agenda after removing Items 6.d. Encumbrance of 1997 Budget Items Fonvard to 1998 and 6.g. Mineral Extraction Permit Renewal Danner for discussion. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. Item 6.d. Councilmember Edwards inquired about the reasoning for encumbering funds. Finance Director May explained that some larger items are not paid until received, even though the order may have originated in 1997. MOTION by Edwards to adopt a RESOLUTION APPROVING THE ENCUMBRANCE OF CERTAIN 1997 BUDGET ITEMS TO 1998. Second by Carroll. Ayes: Five. Nays: None. Motion carried. Community Development Director Rogness noted that legal council advised the separation of the motion for the Danner Mineral Extraction Permit and the denial of an asphalt plant for clarification. The denial is due to the legal interpretation of the Zoning Ordinance. MOTION by Carroll to renew the mineral extraction permit for Danner, Inc. subject to the attached conditions of operation for 1998. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Carroll to deny a request for an asphalt plant on the Danner, Inc. property due to a legal interpretation that asphalt plants are not a permitted accessory use in Section 12.4.7.i., "Mineral Extraction of the Rosemount Zoning Ordinance. Second by Edwards. Ayes: Five. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 4, 1998 Accept Bids /Award Sale for General Obligation Improvement Bonds, Series 1998A Finance Director May reviewed the bids for General Obligation Improvement Bonds, Series 1998A. The bonds will be used to finance improvements to Chippendale Avenue, 145th Street West from CR 42 to Brazil Avenue, and the "Enclave" development. The amount of the bonds are $2,010,000 and the interest rate obtained by the bid process was 4.5386% which is lower than estimated. Also, the City was able to maintain its A -2 bond rating. MOTION by Anderson to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $2,010,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A AND PROVIDING FOR THEIR ISSUANCE. Second by Carroll. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. CMC Heartland Partners I Planned Unit Development Plan (Preliminary Plat) and Rezonings Community Development Director Rogness reviewed the approved concept plan and the proposed Final Planned Unit Development of the CMC development. The development's name, "The Villages of Eastview," was changed to `Bloomfield." All of the variances have been eliminated. Guest parking was increased. Brick or stone has been added to the exterior of all townhomes and twinhomes. Phase I is being considered for the eastern 53 acres, including 10 twinhome units, 120 townhomes, and 27 single family lots.. Phase II will include 127 single family lots, and 20 twinhome units. John Uban, Jim Lambeth and Tom Barton, architect, explained the facade of the buildings and changes to the plan. Perimeter landscaping and berming will be used extensively. Councilmembers discussed many points. Some additional conditions were added to the agreement. Attorney LeFevere noted compliance with the Wetland Conservation laws. Mayor Busho requested a copy of the CIVIC market study from the developers. Lawrence Kane, 2387 145th Street West, asked about how soon the fence would be installed bordering the existing homes. CMC indicated that it would be installed shortly after grading. MOTION by Edwards to table action rezoning land in the first phase to R -1, Low Density Residential and R -2, Moderate Density Residential until final plat approval. Second by Busho. Ayes: Wippermann, Busho, Carroll, Edwards. Anderson. Nays: None. Motion carried. MOTION by Carroll to adopt a RESOLUTION APPROVING THE PRELIMINARY PLAT AND THE RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR THE FIRST PHASE OF BLOOMFIELD ADDITION, and authorize the execution of the Planned Unit Development Agreement subject to the amendments to incorporate changes to the plan which are to include but not be limited to the addition of sidewalk and trail, brick or stone incorporated on the multi- family units, reduce median to 15' on Bloomfield Path, submit a wetland plan, fencing by single family homes 6' wood maintained by the association, homeowners association review, and changes as advised by the City Attorney. Second by Anderson. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 4, 1998 Receive Petition /Order Feasibility Report for Bloomfield Addition Street Utility Improvements, City Project 292 MOTION by Edwards to adopt A RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FOR BLOOMFIELD ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 292. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Laidlaw Ash Disposal Cell Design Community Development Director Rogness reviewed the permitting process by Laidlaw Environmental (a.k.a. U.S.P.C.I.) for an Interim Use Permit from 1992 to present. Consultant Jeff Ubl from Barr Engineering made a technical review of the proposed cell design for Municipal Solid Waste (MSW) combustor ash. The Minnesota Pollution Control Agency (MPCA) completed a Supplementary Environment Impact Statement which was approved February 24, 1998. Don Chapdelain, Public Relations Director for Laidlaw Environmental, Inc. noted their design standards surpass the MPCA standards. Laidlaw will test the ash as required with industrial waste by the EPA and Dakota County with a Procedure Waste Acceptance Plan. The ash is processed with water, and then compacted before travel to Rosemount. The City receives an additional 50¢ per ton host fee. Myron Napper, 3381 145th Street East, objected to the disposal of ash due to the unanswered questions and future liabilities. Mr. Napper's perception is that concentration of minerals in the ash is high. MOTION by Busho to approve the disposal of municipal solid waste (MSW) ash within Cell #4 at Laidlaw Environmental Services Inc., Rosemount, subject to all rules and pemlit conditions of the City of Rosemount, Dakota County and the MPCA, including all items contained in correspondence by Barr Engineering dated November 20, 1997 and March 4, 1998, on behalf of the City of Rosemount. Second by Anderson. Ayes: Anderson, Wippenmanr, Busho, Carroll. Nays: None. Present: Edwards. Motion carried. Councilmember Carroll noted that Council has to rely on the experts, which was Barr Engineering in this case, to determine the ultimate destination of the ash without contamination of the environment. The City has been assured that the proper preparation and maintenance will prevent environmental contamination. Zoning Text Amendment for General Industrial District Community Development Director Rogness presented the request from John Anderson of Phil's Auto Body located at 135th Street West and Bacardi Avenue to relocate to the former AAA Salvage site on 160th Street. Auto body repair is not a permitted use in the General Industrial District without amending Ordinance B, the City of Rosemount Zoning Ordinance. The proposed amendment 3 1 requires outdoor storage to be completely screened with a six foot high fence and 90% opacity. The Planning Commission held a public hearing and recommends the amendment as presented. MOTION by Edwards to adopt the ordinance amending Ordinance B, The City of Rosemount Zoning Ordinance to include automobile body repair as a permitted use in the General Industrial District. Second by Carroll. Ayes: Wippemiann, Busho, Carroll, Edwards. Nays: None. Abstain: Anderson. Motion carried. Rezoning Policy Community Development Director Rogness was directed by Council to establish a policy that would guide future rezoning decisions by the City Council. This will help direct property to be brought into compliance with the approved Comprehensive Land Use Plan. Minnesota law requires that rezoning of property conform with the approved Comprehensive Plan for that community. Rosemount's comprehensive plan is being reviewed and updated in 1998, resulting in a period of transition. The City of Rosemount desires to rezone property into confomiance with the city's comprehensive plan to the degree that such rezonings have high priority. Section 16.2 of Zoning Ordinance B allows rezonings (amendments) to be initiated by the City Council, Planning Conmiission or by petition of a landowner. This policy applies only to those rezonings initiated by the City Council or Planning Commission. Initiations by the Planning commission will be recommended for final initiation by the City Council. In all cases, rezonings are necessary to bring the property's allowed use into conformance with Rosemount's comprehensive plan. Higher priority rezonings will meet one or more of the following conditions: 1) The property is currently being used more in compliance with the proposed zoning district than it is with the current zoning district; 2) The property has obtained, at a minimum, concept approval for development that will require a different zoning classification; 3) The property's size and/or location may provide an obvious benefit to an area if rezoned into compliance with the Comprehensive Land Use Plan; and 4) The property's future zone needs to be defined in order to resolve questions related to its use. MOTION by Edwards to approve a Rezoning Policy for applications initiated by the City Council or the Planning Conunission. Second by Anderson. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Fairfax Construction Company Administrative Plat Community Development Director Rogness reviewed the request by Mike Broback of Fairfax Construction to create two lots, one for the existing office building and another for a vacant lot which is located east of Chippendale Avenue and north of County Road 42, next to the water tower. The proposed division line does not result in any nonconforming situations and the vacant lot will be buildable. The Planning Commission conducted a public hearing and recommended approval. Future rezoning will be evaluated by staff and the property owner. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 4, 1998 1 1 MOTION by Busho to adopt A RESOLUTION APPROVING THE ADMINISTRATIVE PLAT FOR FAIRFAX CONSTRUCTION CO. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. A Resolution Supporting Area Codes to Follow Municipal Boundaries City Administrator Burt reported that the Minnesota Public Utilities Commission was going to reconsider their previous order regarding the assignment of new area codes. Frontier Communications filed a request for a rehearing based on new evidence that their company cannot serve two area codes out of a single switch in the time required by the Commission. Therefore, a boundary split on Frontier's exchange rather than the municipal boundaries would rectify this problem. This would mean that parts of Rosemount would have different area codes. At the next Council meeting staff will present further information on this as well as a resolution to indicate their support on how the area codes should be aligned. Announcements Mayor Busho made announcements about the following events: March 7, the American Legion Banquet which would be honoring former Police Chief Knutsen and Firefighter Steve Strese; March 11, is the Chamber Luncheon at the new Fire Station; March 14, the Shamrock Award Dinner, 5:30 p.m., at the Community Center; April 7th the State of the City Address will be given by Mayor Busho in combination with the Senior Luncheon at the Community Center. Discussion was held on changing the date of the March 17 regular City Council meeting, however. it remained at the regular time and date. MOTION by Busho to move to a closed session for the purpose of client- attorney privileged information. Second by Anderson. Ayes: Five. Nays: None. Motion carried. There was no further business to come before the Council, therefore Mayor Busho adjourned the meeting at 11:13 p.m. C./ Su n M. W h, City Clerk The City Council Agenda Packet is Clerk's File 1998 -8. ROSEAIOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 4, 1998 Respectfully submitted, Linda Jentink, Recording Secretary 1 Pursuant to due call and notice thereof a Committee of the Whole meeting of the Rosemount City Council was held on Monday, March 16, 1998, beginning at 6:30 p.m. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann and Carroll present. Also in attendance were the following staff members: City Administrator Burt, Community Development Director Rogness, Public Works Director Osmundson, Parks and Recreation Director Topitzhofer Discussion was held on the following items: ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MARCH 16, 1998 40 Ways Your City Can Build Assets in Youth Mayor Busho led discussion on how the City is currently doing most of the 40 assets and encouraged staff to explore other ways the City can build assets in youth. The mentor program was discussed and Topitzhofer will contact the high school to get more information. YMCA Request Funding for Teen Center Mayor Busho indicated she had been contacted by the Eagan YMCA requesting the City consider financially participating in the establishment of a teen center at the YMCA. Council directed staff to find out what Rosemount youths' interest are by surveying the youth. There was no interest to participate with the Eagan YMCA at this time. Assessment Policy Discussion Public Works Director Osmundson led discussion of various ways to assess street projects for odd shaped properties. Two properties in particular on the Chippendale Avenue Reconstruction Project and the 145th Street Reconstruction Project led to this discussion. Osmundson was directed to bring back to the April Committee of the Whole meeting various options including the dollar amounts for odd shaped parcels. Single Family Attached Townhome (R2) Housing Standards Rogness summarized a list of additional minimum standards for discussion related to attached housing within the R2 zoning district. Examples included minimum housing unit widths, required private recreations space, and varied housing types for large projects. After discussion, the Council directed staff to pursue drafting amendments that achieve desired improvements. Input from developers was also desired during the drafting process. All amendments will go through the planning commission and corresponding public hearing process prior to adoption. Comprehensive Plan Update and Growth Scenarios Rogness presented information related to the city's update of its 1993 Comprehensive Plan, including progress during the first three months of 1998. Review and discussion has taken place so far with the Planning Commission and Port Authority. Staff will provide status reports to the City Council at each month's work session, and ajoint meeting is anticipated with the Council and Planning Commission in April. Rogness reviewed an example of a topic for future decisions related to additional MUSA for residential expansion from 2010 -2020. 1 1 Goal Setting Session The City Council agreed that they would like to review 1999 work plans and CIP to provide direction to staff as they begin working on the 1999 budget. The meeting was adjourned at 9:20 p.m. Thomas D. Bt(G City Administrator The City Council agenda packet for this meeting is Clerk's File 1998 -9. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MARCH 16, 1998 Respectfully submitted, 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 17, 1998, at 7:30 p.m. in the Council Chamber's at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann, Carroll, and Edwards present. Also present were Acting City Attomey Karen Cole, City Administrator Burt, City Engineer /Public Works Director Osmundson, Finance Director May, Civil Engineer Litterer, Water Resource Coordinator Brown and Police Chief Kalstabakken. Finance Director May led the group in the Pledge of Allegiance. A revision was made to the resolution for Item 7.a. In Support of the PUC's Decision For Area Code Splits which was given to the City Council. Presentation of Certificate of Achievement for Excellence in Financial Reporting Finance Director Jeff May introduced Mike Webster, representing the Minnesota Government Finance Officers Association (GFOA) who presented the City of Rosemount with the award of Certificate of Achievement for Excellence in Financial Reporting by the GFOA of the United States and Canada. The Certificate of Achievement is the highest form of recognition for excellence in state and local government financial reporting. This was based on Rosemount's comprehensive annual financial report for the year ending December 31, 1996. There are only 99 other government agencies in Minnesota that have reached this level of achievement and there are over 4000 eligible goverment agencies in Minnesota. Al Heinen of Boeckermann, Heinen, Mayer and Dan O'Neill of Springsted Inc., gave their congratulations to Finance Director May and city staff. They spoke of the increased level of trust, confidence, and character that this award adds to City which will aid in future financial transactions. Finance Director May thanked his staff, department heads, and auditors for the help in compiling the information necessary. Preparation will soon begin for application for the year 1997. Mayor Busho and Councilmembers thanked city staff. Consent Agenda Resolution In Support of the PUC's Decision for Area Code Splits ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 17, 1998 MOTION by Wippermann to approve the Consent Agenda. Second by Carroll. Ayes: Five. Nays: None. Motion carried. City Administrator Burt reviewed a meeting staff held with Frontier Communications telephone company regarding dividing lines for the new area codes proposed. Frontier maintains that the expense involved with hardware changes is a hardship if not allowed to follow their telephone exchange boundaries rather than municipal boundaries. A software patch is available to Frontier for a cost of about $2 million to enable them to match boundaries. Any rate increases have to go through the Public Utilities Commission. There would not be any functional problems with the "911" emergency number with the area code change. 1 1 Adopt Stormwater Manaeement Plan Rosemount Comprehensive Wetland Plan Update Announcements Mayor Busho adjourned the meeting at 8:29 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 17, 1998 MOTION by Anderson to adopt A RESOLUTION TO SUPPORT THE MINNESOTA PUBLIC UTILITIES COMMIISSION'S ORDER THAT AREA CODE SPLITS FOLLOW MUNICIPAL BOUNDARIES. Second by Carroll. Ayes: Five. Nays: None. Motion carried. Public Works Director Osmundson presented maps of the sub -water sheds which note pipe size between ponds, normal water level, and identifying numbers. This plan will serve as a guide for water resources management and all future stormwater drainage facilities. Pond high water levels and the storage volume required in each pond have been established. It identifies a water quality classification for all water bodies in the city. City staff and consultants from Bonestroo, Rosene, Anderlik and Associates have contributed to the Plan. Generally, the Rosemount storms ater facility system is in good shape. This Plan provides the City with a schematic drawing of how to address future stormwater issues. The Vermillion Watershed Commission has approved the Plan. Mayor Busho thanked staff. MOTION by Carroll to adopt the February draft of the 1998 Stormwater Management Plan. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Water Resource Coordinator Brown presented Council a draft of the Comprehensive Wetland Plan. Brown noted that the second draft of the document has been reviewed by state agencies and is in compliance with the Minnesota Wetland Conservation Act of 1996. The Task Force has met since June, 1997, developing the plan and evaluating the information. The inventory of each wetland has been mapped on the GIS system and has a data base. A scoring system prioritizes each wetland. All this information will help manage the wetland and protect the water quality and wildlife. Mayor Busho noted that Dakota County officials commented that Rosemount is well ahead of most other cities in wetland planning. Brown also noted that a volunteer program for trash clean -up around wetlands, where practical, has been started. Discussion was held. Mayor Busho requested an additional work session meeting for City Council. The date of April 8, 6:30 p.m. was agreed upon. Mayor Busho noted up conning events: April 7, State of the City Address at the Senior Luncheon; April 16, HRA Grand Opening of the Cameo Place Senior Living; and April 22, Volunteer Recognition. 1 1 1 h, City Clerk The City Council Agenda Packet is Clerk's File 1998 -10. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 17, 1998 Respectfully submitted, s li7t. Linda Jentink, Recording Secretary 1 1 1 Pursuant to due call and notice thereofa regular meeting of the Rosemount City Council was duly held on Tuesday..April 7, 1998, at 7:35 p in. in the Council Chamber's 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, Public Works Director City Engineer Osmundson, Community Development Director Rogness, Parks and Recreation/ Community Center Director Topitzhofer and Fire Chief Aker. Fire Chief Aker led the group in the Pledge of Allegiance. Public Comment Fire Department Annual Report ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 7, 1998 A revision was made to the resolution for Item 7.o. Receive Bids /Award Contract for The Enclave Street Utility Improvements, City Project 289. Consent Agenda Item 7. 1. No Parking, 145th Street West Improvements. City Project 291 was pulled for discussion. Tim Rusch, Refinery Manger for Koch Refining Co., addressed City Council to encourage communication on the recent fines imposed by the Minnesota Pollution Control .Agency (MPCA). Rusch noted that Koch is aware of the problems and they are committed to correcting them. These problems concern the sewers and tanks that are substandard on Koch property Plans are already in place to correct and replace facilities where needed under MPCA's watchful eye. The Koch Advisory Board is being formed consisting of neighboring community members, Koch employees, and MPCA staff to help keep the communities aware of issues at Koch Koch also has begun a "Community Day" to supply opportunities for neighbors to tour the refinery There were about 1000 people who attended the first one last month and all involved believe it will become a regular event. The oil that seeped into the ground will not affect the drinking water in Rosemount because the water flow draws it toward the Mississippi River, not westward. If there are residential wells near Koch property that have concerns, they may contact the company for assistance. Wells should be regularly tested in the area. Fire Chief Scott Aker presented the Annual Report for 1997 to the City Council. Aker said the new fire station has worked extremely well with benefits in all areas such as improving response time. There are now 33 firefighters with eight new firefighters added in 1997 and four firefighters leaving for various reasons. These four will be replaced in the near future concentrating on people who would be available in the day time hours. The amount of fire calls has remained very close to the same as the preceding year although the population has increased. False alarms have increased mainly due to automatic alarm systems The Mayor and Council agreed that the Fire Department was doing a terrific job and they looked forward to continued public education and Fire Prevention Month in October. 1 1 1 Consent Agenda No Parking, 145th Street West Improvements, City Project 291 ROSEMOUNT CITY PROCEEDINGS REGULAR M EETING APRIL 7, 1998 MOTION by Carroll to approve the Consent Agenda with the change to the resolution for 6.o. Receive Bids /Award Contract for The Enclave Street Utility Improvements, City Project 289 and removing 6.1. No Parking, 145th Street West Improvements, City Project 291 for discussion. Second by Anderson. Ayes: Four. Nays. None. Motion carried. Public Works Director Osmundson discussed the no parking with residents at an informational meeting. The residents were concerned that there would not be any parking for visitors. Osmundson agreed that parking on the south side of 1 45th Street West between Biscayne Avenue and Bloomfield Avenue could be pemtitted. Also, easement will have to be obtained from the easterly four residents for sidewalk and a ten foot boulevard. MOTION by Busho to adopt A RESOLUTION DIRECTING PLACEMENT OF NO PARKING SIGNS ALONG 145TH STREET WEST BETWEEN BRAZIL AVENUE AND CSAH 42. Second by Anderson. Ayes: Anderson, Busho, Carroll, Edwards. Nays: None. Motion carried. Approve Contract to Min -Kota Buildingystems for Construction of Rosemount Family Resource Center Parks and Recreation/Community Center Director Topitzhofer reviewed the plans for the Community Resource Center at the southwest corner of 145th Street and Cimarron Avenue. Funding for $331,475 has been obtained with only $25,698 left to secure. Min -Kota Building Systems has agreed to work with youth from the Alternate Learning Program to build the facility. This will help them build self esteem and a sense of belonging to the community. The Center will offer assistive services to all residents and work with the Community Action Council and other county agencies. Youth will also benefit from play equipment. an ice rink in winter, and a half court for basketball on the site. Council noted the leadership that was displayed to bring this collaborative effort together. Good job! MOTION by Anderson to receive bids for construction of the Rosemount Family Resource Center and to approve the contract with Min -Kota Sales Inc.(dba Min -Kota Building Systems.) Second by Edwards. Ayes: Busho. Carroll, Edwards, Anderson. Nays: None. Motion carried. Approve Winds Park Play Equipment Project Parks and Recreation/Community Center Director Topitzhofer noted that the play equipment was in poor condition at Winds Park on Chippendale Avenue before 160th Street. Residential homes have increased in the area and handicap accessibility is required. A neighborhood meeting was held with a good turn out. Residents have offered to assist in the installation in order to upgrade the equipment. Installation is expected in early June Additional parking, a basketball court, and a trail will be added. 1 Bridge Replacement on I -35E and Lexington Avenue Resolution ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 7, 1998 MOTION by Edwards to approve the play equipment proposal from Miracle Recreation of Minnesota, Inc. for the replacement of play equipment at Winds Park Second by Carroll Ayes: Carroll, Edwards, Anderson, Busho. Nays: None. Motion carried City Administrator Burt reviewed the issue of the bridge replacement size for the Lexington Avenue bridge near Lilydale entering St. Paul on I -35E. The City of St. Paul and nearby residents do not wish to enlarge the bridge in order to preserve their neighborhood. However, this area has become a "bottle neck" and no longer offers the safety required by the Minnesota Department of Transportation. Many Rosemount residents commute into St. Paul for their employment and this number is sure to increase as the population increases. The suggested resolution supports using a design that meets the regional needs with transit, bicycle and pedestrian crossings, adequate entrance and exit lanes, and full -width shoulders to improve traffic safety, incident management and maintenance. MOTION by Edwards to adopt A RESOLUTION SUPPORTING DESIGN STANDARDS MEETING REGIONAL NEEDS FOR THE PROPOSED REPLACEMENT OF THE LEXINGTON AVENUE BRIDGE ON I -35E. Second by Carroll Ayes: Carroll, Edwards, Anderson, Busho. Nays: None. Motion carried. Receive Feasibility Report/Set Public Hearing, Geronime Pond 2nd Addition Street 7 Utility Improvements City Project 293 Public Works Director Osmundson reviewed the public improvements project proposed for Geronime Pond 2nd Addition and property owners on the perimeter of this addition who will be assessed. It will provide sanitary sewer, watermain, storm drain, streets and pathways. MOTION by Edwards to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT /SET PUBLIC HEARING FOR GERONIME POND 2ND ADDITION STREET AND UTILITY IMPROVEMENTS. CITY PROJECT 293. Second by Busho. Ayes: Anderson, Busho, Carroll, Edwards. Nays. None. Motion carried. Anno Mayor Busho noted up coming events: April 8, Committee of the Whole Budget Worksession; April 16, HRA Grand Opening of the Cameo Place Senior Living; and April 20, Committee of the Whole with Planning Commission; .April 21, Mayor Sheila Klassen speaking at National Service Conference in Minneapolis re: the Family Resource Center; April 22, 7 pm, Volunteer Recognition. Mayor Busho adjourned the meeting at 8:44 p.m. 1 1 Su sh, City Clerk The City Council Agenda Packet is Clerk's File 1998 -11. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 7, 1998 Respectfully submitted, Linda Jentink, Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING APRIL 8, 1998 Pursuant to due call and notice thereof a Special meeting of the Rosemount City Council was held on Wednesday, April 8. 1998, beginning at 6.30 p.m. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann and Carroll present. Also in attendance were the following staff members: City Administrator Burt, Community Development Director Rogness, Finance Director May, Public Works Director Osmundson, Police Chef Kalstabakken, Fire Chief Aker and Parks and Recreation Director Topitzhofer. Discussion was held on the following items: 1999 Budget The process of establishing individual Council goals was discussed and the City Council concluded they will identify up to five priorities they individually have for 1999 and discuss them at a future Committee of the Whole on April 20, 1998 Architectural Proposals for Public Works Maintenance Addition Osmundson presented the proposals for hiring an architect to design the proposed public works maintenance addition. There was consensus of the City Council to bring this item to the next City Council meeting on April 9, 1998 for official action at that time. Staff was also directed to prepare additional information that explains the need and priority of the project. Mentor Program Mayor Busho explained the mentor program that the Rosemount Middle School will be holding on April 29, May 6 and 13. If a department has a student to mentor they must discuss the drug free policy, educational background, proper attire in the work place. Koch Mayor Busho asked the Council on how they would like to be informed about what is going on at Koch. The mayor will continue to keep the City Council informed when Koch updates her on issues at the refinery. Adjourned at 8:10 pm. The City Council Agenda Packet is Clerk's File 1998 -12 Recorded by: //r�;ac- Thomas D. Bu a strator 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 21, 1998 Pursuant to due call and notice thereof' a regular meeting of the Rosemount City Council was duly held on Tuesday, April 21, 1998 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, and Anderson present. Councilmember Edwards was absent due to illness. Also present were City Attorney Karen Cole, City Administrator Burt, Assistant to Administrator Walsh. Public Works Director Osmundson, and Community Development Director Rogness. Assistant to the Administrator Walsh led the group with the Pledge of Allegiance. An item was added to the Consent Agenda: 6.n. Set Public Hearing for Vacation of "Service Road" in Broback Industrial Park. Councilmember Anderson said that she will abstain from voting on Item 8.a. Highstone Development Final Plat. Mayor Busho noted the accessibility improvements that have been completed at City Hall including power doors, bathroom improvements, and hearing assisted aids for meetings. This should encourage participation of all our residents. Vobmteers• "Building Stron• •r Communities" Proclamation Mayor Busho thanked all the volunteers that have served the City and other organizations that help residents to build stronger communities. A program has been planned for Wednesday, April 22, 1998, at 7:00 p.m. at the Rosemount Community Center to show appreciation for their time and abilities used in volunteering. MOTION by Wippermann to proclaim the week of April 20 -25, 1998 to be "Volunteer Recognition Week." Second by Busho. Ayes: Four. Nays: None. Motion carried. Consent Agenda MOTION by Wippermann to approve the Consent Agenda with the addition of Item 6.n. Set Public Hearing for Vacation of "Service Road" for Broback Industrial Park. Second by Anderson. Ayes: Four. Nays: None. Motion carried. Hi hstone Development Final Plat Community Development Director Rogness reviewed the May 6th approved Planned Unit Development for the AAA Auto Salvage which included a plat that combined three parcels at 2871 160th Street West. Dakota County Assessors Office has requested a separate and specific resolution to plat the lot combination. Staff recommends approval of this resolution in order to move the Highstone Development forward. MOTION by Carroll to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR HIGHSTONE DEVELOPMENT. Second by Wippemiami. Ayes: Carroll, Wippemrann, Busho. Nays: None. Abstain: Anderson. Motion carried. 1 1 1 Request to Amend Liquor I,irense for McDivot's ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 21, 1998 Assistant to the Administrator Walsh reviewed the request of owner Bill Schneider to allow a speaker system to be installed on the patio at McDivot's Sport Pub and Eatery at 14550 South Robert Trail. The system would allow background music and a way to signal servers when food orders are ready. Bill Schneider said that the music would be "dinner music" not loud type music and since there are only ten tables outside so there would not be an excessive amount of signaling to servers. Schneider said there are other methods to signal servers but thought them more expensive and not as effective. Several residents from the apartments and condominiums spoke asking the Council not to allow the speaker system on the patio. The residents presented signed petitions who opposed this request. Councilmember Wippermann said the Police Department did not receive any noise complaints. Wippermann felt the residents already put up with enough interruptions and he would not be in favor of the addition of a speaker system. Councilmember Anderson said the outdoor dining is a good addition to Rosemount offering another option for dinmers; however, the downtown area is very close and a speaker systems can sometimes bounce between buildings. Councilmember Carroll said that an obvious disadvantage of living downtown is the noise from business and traffic and McDivot's is adjacent to one of the busiest intersections in town. Mayor Busho requested that in the future residents report complaints to the police department for action. City Administrator Burt noted that this request for an amendment to a liquor license applies only because of the sale of liquor. There would not be this type of control for sound in other businesses. The Zoning Ordinance is considering revisions so it addresses noise when commercial zoning abuts a residential area. MOTION by Carroll (listen to tape) to adopt A RESOLUTION RELATING TO THE LIQUOR LICENSE OF WILKAT, INC. AMENDING CITY COUNCIL RESOLUTION NO. 1997 -46. Second by Busho. Ayes: Busho, Carroll. Nays: Anderson, Wippermann. Tie vote, motion fails. Geronime Pon 2nd_Addition Street_ &_Utili Im,orovements, City Prgjeet24l Public Works Director Osmundson reviewed the progress of City Project 293 which includes the construction of sanitary sewer, watermain, storm drain, streets and pathways for the Geronime Pond 2nd Addition. The total estimated project cost is S460,000 of which S400,000 will be assessed against the 52 twinhorne lots of Geronime Pond 2nd Addition and the remaining $60,000 will be accessed against the four properties as detailed in the preliminary assessment roll. Osmundson noted that, due to a clerical error, the Public Hearing be continued to May 5, 1998. A letter was received from Mr. DeBates protesting the assessment amount and it was placed on file with the Clerk's File. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 21, 1998 Mayor Busho opened the Public Hearing for Geronime Pond 2nd Addition Street Utility Improvements, City Project 293. The recording secretary had the affidavits on file. City Council directed questions to Osmundson regarding the project. Mayor Busho invited public comment. John Wagner, attorney for Bret DeBates, 23440 Woodland Road, Lakeville, spoke in regard to the hardship caused by the assessment from City Project 293. DeBates would be assessed approximately $27,100. DeBates has three rental units on the property at this time. MOTION by Busho to continue the Public Hearing for Geronime Pond 2nd Addition Street Utility Improvements, City Project 293 to May 5, 1998. Second by Anderson. Ayes: Wippermann, Busho, Carroll, Anderson. Nays: None. Motion carried. Eminent_ Domain_Proceedings,C Project 29 Public Works Director Osmundson reported that acquisition of a drainage and utility easement would be needed on the CMC Heartland Partners property between CR 42- Biscayne Avenue 145th Street West, which is north and east of the curve in the railroad spur southwest of Greif Brothers Inc. Eminent Domain proceedings are recommended since a response has not been forthcoming from CMC Heartland. MOTION by Wippermann to adopt A RESOLUTION DIRECTING CONDEMNATION OF LANDS NEEDED TO ALLOW THE PLACEMENT OF UTILITIES ON CERTAIN PROPERTIES FOR CITY PROJECT 291. Second by Anderson. Ayes: Busho, Carroll, Anderson, Wippemrann. Nays: None. Motion carried. Mark Johnson Construction• Stonebridge Third Addition Preliminary Plat Community Development Director Rogness reviewed the request for a rural residential subdivision owned by Rich and Ron Carlson. The subdivision includes the replat of 48 acres from two to ten lots. Carlson's requested that this subdivision be considered part of the original 80 acre parcel which makes the density within the zoning ordinance standard of 1 unit/5 acres. Wetland and tree preservation will maintain the beautiful area for up scale housing. MOTION by Carroll to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR STONEBRIDGE THIRD ADDITION. Second by Wippermann. Ayes. Carroll, Anderson, Wippermann, Busho. Nays: None. Motion carried. Mark Johnson said that they plan to start this summer. They will include covenants to further restrict removal of trees. The ten lots are expected to have homes valued at $350,000. Announcements Mayor Busho and Sheila Klassen spoke at a National Conference in Minneapolis regarding the cooperation of city and community with the Family Resource Center. Rosemount was recognized 1 as a leader in this new joint cooperation. Earth Day was celebrated by high school students helping to clean up trash in ten area wetlands which greatly helps the environment remain stable. Volunteer Recognition Night will be held tomorrow at 7 p.m. at the Community Center. The May Utility Meeting has been scheduled a week earlier than usual, May 4th. The first of four Comprehensive Guide Plan open house infomrational meetings is to be held at Jaycee Park on May 4th, 6:30 to 8:30 p.m. The City sponsors a clean -up day every year which will be held on May 2, 1998, also a dog and cat rabies and licensing clinic is held. The police department on May 2, 1998 will also hold a bike sale from some of the unclaimed property accumulated in 1997. Mayor Busho adjourned the meeting at 9:20 p.m. Sus. M:.Wa City Clerk The City Council Agenda Packet is Clerk's file 1998 -14. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 21, 1998 Respectfully submitted, Linda Jentink, Recording Secretary Announcements ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 5, 1998 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 5, 1998, 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 present. Also present were City Attorney LeFevere, City Administrator Burt, and City Engineer:Public Works Director Osmundson. "St. Paul Pioneer Press" reporter, Amy Sherman led the group in the Pledge of Allegiance. There were no public comments or changes to the agenda. Consent Agenda MOTION by Wippermann to approve the Consent Agenda. Second by Edwards. Ayes: Five. Nays: None. Motion carried. The Naval Base BRAVO formally located in Rosemount presented Mayor Busho with a plaque that hasa piece of the disassembled satellite disk attached. BRAVO had been in Rosemount for 32 years and was a vital piece of the security of the United States. Mayor Busho suggested placing the plaque in the Conmnunity Center along with some photographs. Councilmember Wippermann reported on the first Comprehensive Guide Plan Informational meeting held May 4, 1998. Community Development Director Rogness and City Planner Pearson did an excellent presentation with neaps and charts. The attendance was somewhat disappointing although four consecutive articles were placed in the local paper plus an ad and flyers were distributed to homes. The residents and business people who did attend had all their questions answered and were encouraged with the direction development has been going in Rosemount. Three more meetings will be held. Councilmember Edwards commended the staff of the Community Center at which he held a two day seminar. The facility is super, staff go out of their way to accommodate needs, and the location is central to this area. The facility is highly recommended for a training facility. Public Works Director Osmundson announced that Public Works Week will be May 18 23. The City received a new dump truck, that was ordered in 1997, which has amazing technology. Osmundson would like to show the truck to City Council if the weather pennits before the next city council meeting. Mayor Busho reminded everyone of the following upcoming events: May 12, Chamber of Commerce Luncheon; May 15 -16, City Wide Garage Sale (93 participants!); May 16, Arbor Day Celebration; and May 19. County of the Future Conference. Mayor Busho called for a five minute recess. The meeting was reconvened at 8:00 p.m. for public hearings. 1 u� I I' I u• City Project 293 Public Hearing for Broback Industrial Park Service Road Vacation ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 5, 1998 nd Addition Street Utility improvements, Mayor Busho opened the Public Hearing for the continuance of Geronime Pond 2nd Addition Street Utility Improvements, City Project 293. The recording secretary noted that the affidavits of mailed, posted and published notice were on file. Public Works Director Osmundson noted that this Public Hearing for Geronime Pond 2nd Addition Street Utility Improvements, City Project 293 was continued from April 21, 1998. The 2nd Addition proposed improvements include sanitary sewer, watennain, storm drain, streets and pathways. There are four properties that will be assessed beside the developer. Mr. DeBates has protested the estimated assessment and had a meeting with Osmundson this past week. Osmundson reconmrended that the sewer line be brought in just inside the property line which will shorten the footage required and lower Mr. DeBates' assessment an estimated $9,500. DeBates would have to extend the sewer on his own property at the time he connects to the system. Mr. DeBates stated that he felt his property does not fit into the surrounding development and that his ui -plex is a non- conforming use based on its current zoning. His property is currently for sale. But, with this assessment and probably another assessment from the 160th Street Improvements, DeBates feels it will be very difficult to sell. DeBates' attorney, John Wagner, wondered why this piece of property was not included in the development. Councilmember Wipperrnann noted that it is not the city who develops the land. Discussion brought out that Mr. DeBates was offered a land value price by a developer and refused the low offer. Because Mr. DeBates' property is on the southern boundary of Rosemount, there would be no future opportunity to bring water and sewer to his property in a cost effective way. Once the water and sewer is installed the land owner has two years to hook up to the city system because it is in the Metropolitan Utility Service Area(MUSA). MOTION by Busho to close the Public Hearing for Geronime Pond 2nd Addition Street Utility Improvements, City Project 293. Second by Carroll. Ayes: Five. Nays: None. MOTION by Edwards to adopt A RESOLUTION FOR THE APPROVAL AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE GERONIME POND 2ND ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 293. Second by Wippermann. Ayes: Carroll, Edwards, Anderson, Wippermatm, Busho. Nays: None. Motion carried. City Attorney LeFevere noted that this hearing was not to set assessment amounts. Once the project is complete and actual figures are available, another public hearing will be held for the assessments. Mayor Busho opened the Public Hearing for the Vacation of Broback Industrial Park Service Road The recording secretary noted that the affidavits of mailed, posted and published notice were on file. Public Works Director /City Engineer Osmundson reviewed the plat of the Broback Industrial Park which has 40 feet of right -of -way for a service road. The City no longer has a need for that road, however. the County has requested an easement for future bike trails. So the vacated street will allow for larger backyards in Broback Park and a bike trail link to CR 42 in the future. MOTION by Busho to close the Public Hearing for Broback Industrial Park Service Road Vacation. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Anderson to adopt A RESOLUTION CAUSING A RIGHT -OF -WAY VACATION FOR THE "SERVICE ROAD" IN THE BROBACK INDUSTRIAL PARK. Second by Carroll. Ayes: Anderson, Wippermamr, Busho, Carroll, Edwards. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 8:47 p.m. Sr;!san M alsh, City Clerk The City Council Agenda Packet is Clerk's File 1998 -15. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 5, 1998 Respectfully submitted, Linda Jentink, Recording Secretary Consent A. nda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 19, 1998 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 19. 1998, 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, and City Engineer/Public Works Director Osmundson, Police Chief Kalstabakken and Community Development Director Rogness. City Engineer/Public Works Director Osmundson led the group in the Pledge of Allegiance. There were no public comments or changes to the agenda. D_epartment Heads Reports /Business City Engineer/Public Works Director Osmundson presented a poster to City Council celebrating the people of Public Works. Osmundson expressed his thanks to his staff for their diligent handling of jobs, residents, and detailed engineering. Staff has stepped up when they are needed for overtime to repair broken watennains, set up emergency generators for pond runoff drainage, and storm damage. Council saw a demonstration of the new dump truck and its many technological advances prior to the meeting. Summer part-time help has been difficult to find this year. Surrounding counties have indicated that the civil engineering area has a shortage of manpower and interest by college students. Osmundson thanked City Council for their present and past support of the Public Works Department. Mayor Busho proclaimed May 17 to May 23, 1998, as National Public Works Week. The Mayor and Council said they appreciated the smooth running of the Public Works Department and thanked staff. MOTION by Wippermann to approve the Consent Agenda. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Herita• Development: Rosemount Commons Attached Residential Concept Planned iinit Development Community Development Director Rogness presented the proposed planned unit development by Heritage Development represented by Tom Bisch. The townhouse proposal was revised reducing the number of units to 124 which is 4.6 dwelling units per acre. The streets within the development will be private, so they will be maintained by an association. Park dedication will be a cash dedication, not land. A 70 foot wide berm, 8 feet high, will be included along the railroad track with dense landscaping on it. A walking trail will be installed along Wachter Pond and almost all the trees will remain. Council directed questions to Bisch and Rogness. Since this is a concept plan, further details can be worked out as needed. MOTION by Carroll to adopt A RESOLUTION APPROVING THE CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR ROSEMOUNT COMMONS. Second by Anderson. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. 1 1 Announcements Mayor Busho reported that the Dakota County "County of the Future Conference" was held May 19. Busho reminded everyone of the following upcoming events: Koch Refining Open House, May 30; Lions Park Picnic, June 1, 5:30 -7:30 pm; DARE graduations May 20, June 3,4; and the Comprehensive Guide Plan Informational Meeting, June 4. ClosedLExecut ve Session. MOTION by Busho to adjourn to a Closed Executive Session to discuss legal counsel on CMC Development, Krech Landscaping, and Holiday Station Store. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Mayor Busho adjourned the regular meeting at 8:20 p.m. S an M. sh, City Clerk The City Council Agenda Packet is Clerk's File 1998 -16. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 19, 1998 Respectfully submitted, 07 Linda Jentink, Recording Secretary Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 2, 1998, 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, Anderson, and Wippermann present. Also present were City Attorney LeFevere, City Administrator Burt, City Engineer/Public Works Director Osmundson, Police Chief Kalstabakken, Community Development Director Rogness, and Parks Recreation Director Topitzhofer. City Engineer/Public Works Director Osmundson led the group in the Pledge of Allegiance. There were no public comments or changes to the agenda. Additional information was supplied for Consent Agenda items 6.i. City Project 296, 6.j. City Project 286, and 6.k. City Project 295. Consent Agenda MOTION by Wipperrann to approve the Consent Agenda with the inclusion of the attachments for additional information. Second by Carroll. Ayes: Five. Nays: None. Motion carried. Rezoning Petition for 3785 160th Street_West: Brettiohn Del:ates SeenreliliniSiorage,LP. Planned Unit Development ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 2, 1998 Community Development Director Rogness reviewed the request by Mr. DeBates to rezone his property to R -2 Moderate Density Residential. DeBates believes the rezoning will aid in the sale of the property. The property currently has a non conforming tri -plex existing which is approximately one acre and has access on 160th Street. An easement to the northeast allows for future access to a local street if needed. Discussion covered compatibility with adjoining uses, transition in density, desirable redevelopment, and current assessments. Adjacent land includes R -2 zoning to the east and R -1 zoning to the north and west. MOTION by Wippermann to adopt an ordinance rezoning the property at 3785 160th Street West to R -2 Moderate Density Residential for two family use. Second by Anderson. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Community Development Director Rogness presented the planned unit development describing two phases of development. The first phase will include eleven storage buildings, office, and manager's apartment. The second phase is scheduled for 2002 and would be six additional buildings. The 2.4 acre lot on the north end of the property has no plans for development at this time. There are some variances for setbacks along the railroad right -of -way. Landscaping is 125% above required. Wrought iron fencing will connect the buildings completely surrounding the property. Council wished to regulate the color to earthtones since it will be bordering a residential area. MOTION by Anderson to adopt an amended RESOLUTION APPROVING THE SECURE MINI STORAGE PLANNED UNIT DEVELOPMENT with the addition of Item 5 to the Conditions, "The exterior of all buildings shall be of earthtone colors." Second by Carroll. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. 1 S i I 1 1 11 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 2, 1998 Mayor Busho opened the public hearing for the Brockway Golf Club on -sale 3.2 malt liquor license application. Busho explained the hearing process to the audience. The recording secretary reported that the affidavits of published and posted notice of the public hearing were on file. City Administrator Burt reviewed the Brockway Golf Club application made by Julie Lenertz and Brockway, Inc. Proof of dram shop insurance has been provided and the required fees paid. Staff verified that there were delinquent taxes due on the golf course properties and a special assessment for water bills. The 1997 real estate taxes and the water assessment have been paid. Staff recommends approval contingent on payment of the first half of 1998 real estate taxes. Tom Owens, the attorney representing Julie Lenertz, noted that Wintz Company, owners of the property, had filed a Chapter 7 bankruptcy claim. There is a proposal for sale of the property which will be concluded by the end of the week. Brockway, Inc. is a separate company. The real estate taxes on the golf course property for 1998 are not due until June 1. City Attorney LeFevere further stated that the City cannot refuse the license dependent on weather or not the second half 1998 real estate taxes are paid. There was no audience input. MOTION by Wippermann to close the public hearing for Brockway Golf Club On -Sale 3.2% Beer License Application. Second by Edwards. Ayes: Five. Nays: None. Motion Carried. MOTION by Wippermann to approve issuance of an On -Sale 3.2 Malt Liquor License to Brockway, Inc. for sale of beer at 13500 South Robert Trail, contingent upon payment of any outstanding real estate taxes due on the golf course properties. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermanr. Nays: None. Motion carried. Wensmann Eleventh Addition Preliminary Plat,pUD Final Development Plan, and Rezoning Community Development Director Rogness reviewed the concept plan for Wensmarm Eleventh Addition. The proposal is for the first phase of 98 units of townhomes just south of 151st Street centered between Claret Avenue and Chippendale Avenue. There will be commercial area to the north and there is single family residential to the south. Much discussion was held on the three buildings closest to the single family homes on the south. Discussion about sight lines and privacy were of primary importance to the neighbors. Drainage is proposed to go to the east and west, not to the south. There are many older trees on the southern border that should be evaluated in order to preserve them. Perry Ryan, Ryan Engineering, noted that there is a ten foot grade now on the southern side of the development. City Engineer Osmundson suggested that the elevation could be lowered by several feet. Developer Terry Wensrnann answered several questions and pointed out the most recent changes. Kelly Sampo, 3589 152nd Street West, asked about the ponds maintaining water and noted the mature trees, many of which were damaged in the May 3I st storm, should try to be preserved. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 2, 1998 Kelly McGivem, 15173 Claret Avenue, requested to have single family homes where the three townhome units on the southern border were to be. McGivem complemented Wensmann on the quality of homes they build and the open neighborhood meetings they held. McGivem said a gradual transition was needed to the multi- family development. Sue Elser, 3625 152nd Street West, was concerned that the line of sight estimated was not correct and new townhome residents would be able to look directly into her home. She noted that last year they had installed a five foot privacy fence which would no longer provide privacy. Council sympathized with the home owners on the southern border and encouraged additional landscaping, lowering the elevation, and not allowing two -story townhomes at that southern border. The developer was agreeable to those conditions. Rogness suggested an additional condition 12. in the resolution as follows: "The grading and drainage plan shall meet all conditions of the Public Works Department as identified in its memo dated May 22, 1998, including the lowering of grades for those three buildings along the southern boundary to the greatest extent possible." MOTION by Carroll to adopt an ordinance rezoning Blocks 1 and 2, and Outlot C (Outlots E and F, McNamara Addition) to R -2, Moderate Density Residential. Second by Anderson. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. MOTION by Carroll to adopt a RESOLUTION APPROVING THE PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT PLAN FOR WENSMANN ELEVENTH ADDITION. Second by Anderson. Discussion was held. MOTION by Busho to amend the main motion to include the conditions suggested by Community Development Director Rogness with the additional language that the elevation of the three southern most building sites be lowered to the extent feasible and require increased landscaping on both the northern and southern borders of the development. Second by Wippermann. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. The amendment was carried. Polling of the main motion as amended. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Main motion and amendment carried. Announcements DARE graduations June 3,4; and the Comprehensive Guide Plan Informational Meeting, June 4. Council was invited to the Minnesota Zoo IMAX Theater June 11. Council will be attending the League of Minnesota Cities Conference in Duluth, June 16 19. The Special Olympics will be at the Community Center June 20th. The Navy has a Joint Intelligence Unit Tour available. The Dakota County Economic Development Partnership is doing a search for a new director and invites City Council to participate June 11, 1p.m. to 5 p.m., room 215 at the Rosemount Community Center. Closed Executive Session MOTION by Carroll to adjoum to a Closed Executive Session to discuss legal counsel on a CMC Development. Second by Edwards. Ayes: Five. Nays: None. Motion carried. 1 1 1 Mayor Busho adjourned the regular meeting at 10:17 p.m. The City Council Agenda Packet is Clerk's File 1998 -17. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 2, 1998 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 Monday, June 15, 1998, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. The regular meeting date was changed from Tuesday, June 16, due to the League of Minnesota Conference in Duluth. Mayor Busho called the meeting to order with Councilmembers Edwards, Anderson, Wippermann and Carroll present. Also present were City Attorney Jim Thompson, City Administrator Burt, City Engineer Public Works Director Osmundson, Police Chief Kalstabakken, Civil Engineer Litterer, and Finance Director May. City Attomey Thompson led the group in the Pledge of Allegiance. There was no public comments or response to public comment. An item was added to the Consent Agenda as Item 6.k. Receive Petition%Order Feasibility Report for Wensmann 1 lth Addition, Street and Utility Improvement, City Project 298. Presentation and Acceptance of 1997 Audited Financial Statements Local Performance Aid Legjslation Program Report ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 1998 Finance Director May introduced Jerome Reutzel from Boeckermann Heinen Mayer, P.A.who conducted a full and thorough audit of the 1997 accounting for the City of Rosemount. All statements and procedures were found to be accurate and correct. MOTION by Busho to adopt A RESOLUTION ACCEPTING THE 1997 AUDITED FINANCIAL STATEMENTS. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippennann. Nays: None. Motion carried. Police Chief Kalstabakken reviewed the D.A.R.E. and School Liaison programs from the 1997 1998 school year. The D.A.R.E. program was offered at three Rosemount elementary schools with a total of 231 students. The Police Department has become more involved in collaborative efforts with school personnel, social services and others because of this program. Students and parents alike are quite proud upon graduation day from the D.A.R.E. program. The School Liaison program is in its third year. Officer Bill O'Donnell is the liaison at the Rosemount Middle School and Rosemount Senior High School. O'Donnell instructed students in twenty -three classes over the school year. About 40 hours a week are spent at the schools, with about 50% of that time providing information to students and teachers. This program has been a positive resource to the community. Consent Agenda MOTION by Wippermann to approve the Consent Agenda with the addition of Item 6.k. Receive Petition /Order Feasibility Report for Wensmann 1 lth Addition, Street and Utility Improvement, City Project 298. Second by Edwards. Ayes: Five. Nays: None. Motion carried. 1 1 Amendment to Assessment Polley Dakota Cnun _HighF 1 s u III ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 1998 Public Works Director /City Engineer Osmundson presented some changes to the assessment policy to help resolve assessments on reconstruction projects for odd shaped parcels and other unusual circumstances. Discussion was held. MOTION by Edwards to amend the Assessment Policy. Second by Anderson. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Public Works Director /City Engineer Osmundson discussed many projects that will be affecting Rosemount roads with the Dakota County Capitol Improvement Projects 1999 2003. Staff recommends coordinating with the County improvements on Diamond Path and the 160th Street Project. The County cannot add additional projects unless it moves another project into the future. A letter in response to the planned improvements would give the County some idea of what City Council deems important. The County is also looking for a parcel in or near Rosemount for a new garage /shop facility. The council would like it mentioned in a letter that location of that shop not be on County Road 42 because of the high visibility and to note that rezoning would be required. Mayor Busho requested to invite Dakota County Commissioners to the July Worksession on July 20, 1998. Also the Townships of Empire and Nininger should be invited to the July 20 meeting. Staff was directed to write a letter supporting their discussion to the Dakota County Highway Department. PiiRi,IC HF.ARiNG FOR ANDFRSON TRUCKING SANITARY SEWER, CIiTY PROJECT 296 Mayor Busho explained the public hearing process. The recording secretary noted that the affidavit of mailed, posted, and published notice for the Anderson Trucking Sanitary Sewer Public Hearing were on file. Civil Engineer Doug Litterer reviewed the plan to connect city sewer to service the Anderson Tnicking Terminal (note: named changed to Fleet Development LLC). The feasibility study recommended running the sewer from the existing sewer receptor on Koch Refining Co. property along a future street alignment south to CR 42, about 500 feet, then east about 1000 feet. The estimated assessment for Koch Refining is $28,397 and for Anderson Trucking is $33,219. Mayor Busho opened the Public Hearing for public comment. Don Kern, representing Koch Refining, requested that the sewer line be a straight norlhisouth line, thereby shortening its length. Kern noted that Koch Refining will not be developing their property and does not agree with the land value increase due to the sewer improvements. However, Koch is willing to support a share of the project. Gene Peterson represented Anderson Trucking (now Fleet Development LLC). Peterson asked about the payment schedule. Public Works Director /City Engineer Osmundson said payments would likely be on a five -year payback plan. Fleet Development was agreeable to the assessment amount. Osmundson suggested going ahead with the feasibility plan and then meeting again with the property owners to determine sewer improvements. Even if this 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 1998 project does not move forward, the engineering will be used in the future because this area is in our MUSA area. MOTION by Busho to close the Public Hearing for the Anderson Trucking Sanitary Sewer, City Project 296. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION FOR THE APPROVAL AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR ANDERSON TRUCKING (NOW FLEET DEVELOPMENT LLC) SANITARY SEWER IMPROVEMENTS, CITY PROJECT 296. Second by Wippermann. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Announcements City Council will be attending the League of Minnesota Cities Conference this week with Parks Recreation Director Topitzhofer speaking on Thursday and Mayor Busho speaking on Wednesday. The Special Olympics will be at the Community Center June 20th. July 3 the City Hall will be closed for Independence Day. July 7 is the next City Council regular meeting. Public Works Director /City Engineer Osmundson reported that 95% of the storm damaged trees have been collected. The cost has been more than $81,000 at this point. A decision will have to be made to either chip the collected brush or burn it. Chipping is estimated to cost another $10,000. A press release will be published with a cut off date to end the brush collection process. Mayor Busho adjourned the regular meeting at 8:43 p.m. Su an M. alsh, City Clerk The City Council Agenda Packet is Clerk's File 1998 -18. Respectfully submitted, 0 Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1998 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. July 7, 1998, 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 present. Also present were City Attorney Charlie LeFevere, City Administrator Burt, City Engineer/Public Works Director Osmundson, Community Development Director Rogness, and Assistant to City Administrator Susan Walsh. Assistant to City Administrator Susan Walsh led the group in the Pledge of Allegiance. There were no public comments or response to public comment. The agenda remained unchanged. 1 1 n 1 1 1 1 1 1' 1 Consent A••nda The Consent Agenda included the following items: ackPhillips of Frontier Communications Jack Philips of Frontier Communications explained the changes that will occur with the area code split on July 12, 1998. There will be a six month transition period such that the phones will work with both area codes until January 10, 1999. After January 10th if the wrong area code is used the call will terminate with a recording reminding callers of the area code change. This will require anyone calling between area codes to use the ten digit phone number. Area Manager for Frontier Communications Craig Gunderson was introduced. He is new in that position. Mayor Busho noted that she had concern for the elderly getting used to the "new" dialing method. Phillips noted that an extensive advertisement campaign will be held this week, in October, and again in late December/ early January. MOTION by Edwards to approve the Consent Agenda with the addition to the motion in Item 6.o. to accept the resignation of Paul Heimkes "with regrets". Second by Busho. Ayes: Five. Nays: None. Motion carried. a. Minutes of June 15, 1998 Regular City Council Meeting b. Approval of Bills Listing e Budget Amendments d Temporary 3/2 Malt Liquor License Rosemount Jaycees e. Temporary On -Sale Liquor License for Rosemmont American Legion f. Safe and Sober Grant Resolution g. Approve Signal Agreement with Dakota County Chippendale Avenue Project, City Project 290 h. Payment #5 Geronime Pond Street Utility Improvements, City Project 280 1. Payment #8 Final Hawkins Pond Street Utility Improvements, City Project 275 j. Payment #2 The Enclave Street Utility Improvements, City Project 289 k. Payment #3 Biscayne Pointe Street Utility Improvements, City Project 285 I. Leprechaun Days Service Agreement and Approve Street Closings m. 1998 General Obligation Bond Issue/ Authorizing Issuance and Setting Bond Sale n. Approve Final Plat Subdivision Agreement Geronime Pond 2nd Addition, City Proj. 293 o. Resignation of Paul Heimkes, Building Official /Enter Contract Agreement with lnspectron Inc. p. First Baptist Church Parcel Consolidation 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1998 Mayor Busho noted that the applicant for the Public Hearing scheduled for 8:00 p.m. was not present at this time, so Item S.a. Zoning Ordinance Text Amendment was moved ahead and the Public Hearing will follow. Zoning Ordinance Text Amendment Community Development Director Rogness presented the second revision of the Zoning Ordinance for attached housing for discussion. Council had directed staff and the Planning Commission to enhance the standards for attached housing, particularly townhouses. The Planning Commission suggested revisions were thought to be the most effective and easily enforced without "micro management." Issues discussed were: I) maximum lot coverage or impervious surface of 45%; 2) attached dwelling units must have a minimum width of 24 feet; 3) landscaping increase one boulevard tree per 5,000 sq. feet or gross land area with buffer or screening requirements; and 4) lower density with increased number of units desired in three categories, 0- 50/50 -100 /101 -150. Other issues included side set back increases, some control of style, vaned roof line, exterior material use, parking requirements, and increased minimum lot dimensions. Council directed staff to further clarify the Zoning Ordinance revisions for consideration at a future meeting. Public Hearing: Application for On -Sale 3.2 "/o Malt Liquor License and On -Sale Wine licence for Tops Pizza R& Hoagies. 14531 Dodd Roulevard Mayor Busho opened the public hearing for the application by Tops Pizza Hoagies for a On -Sale 3.2% Malt Liquor License and a On -Sale Wine License. The recording secretary noted that the Affidavits of Posted and Published Notice of Public Hearing were on file. Assistant to the City Administrator Walsh presented the request by Markos N. Chouliaris, owner of Tops Pizza Hoagies, for the wine and strong beer licenses. The applicant has paid the required fees, supplied proof of dram shop insurance, and passed a police investigation. Minnesota State Statutes require gross receipts of 60% must be attributable to the sale of food in order to sell strong beer. This food sale percentage would include carry-out items and reporting is done to the state. There were no audience comments. MOTION by Busho to close the Public Hearing for Application for On -Sale 3.2% Malt Liquor License and On -Sale Wine License for Tops Pizza Hoagies, 14531 Dodd Boulevard. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. Mayor Busho requested that the applicant receive copies of the City Code regarding liquor regulations and noted that in the event this business were to be sold, the liquor licenses would not be transferable, but the new owner would be required to make application. MOTION by Carroll to approve the issuance of an On -Sale Wine License and an On -Sale 3.2% Malt Liquor License and to approve the on -sale of intoxicating malt liquor. Second by Wippennann. Ayes: Anderson, Wippennanr, Busho, Carroll, Edwards. Nays: None. Motion carried. 1 1 1 Closed Executive Session MOTION by Busho to adjourn to a Closed Executive Session to discuss legal counsel on the Chippendale Project regarding the Holiday Station Store. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Mayor Busho adjourned the regular meeting at 8:37 p.m. Sus., M. W h, City Clerk The City Council Agenda Packet is Clerk's File 1998 -19. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1998 Respectfully submitted, Linda Jentink, ecording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS COUNCIL MEETING WORKSHOP JULY 20, 1998 Pursuant to due call and notice thereof a special Council meeting workshop was held on Monday, July 20, 1998, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with all councilmembers in attendance. Also attending were City Administrator Burt, Public Works Director Osmundson, Police Chief Kalstabakken, Parks Recreation Director Topitzhofer and Finance Director May. The following agenda items were discussed: Dakota County Highway Department Maintenance Facility: County Commissioner Branning, County Engineer Theisen and other County staff identified four properties in Rosemount that have been identified as possible locations for a new county maintenance facility. Commissioner Branning inquired if the Council thought these could be viable locations for such a facility. Following discussion, the Council concurred that the east side of Rosemount, on Highways 52 or 55 would be more desirable. Members of the Council also suggested the County look at the old city dump site on Highway 3 or locations on 42 east of the downtown area. Tobacco Ordinance: Assistant to Administrator Walsh provided an overview of the provisions contained in the new Minnesota Tobacco Access law that went into effect in August 1997. One provision of tine law provides that cities are not required to implement the new licensing requirements; and if cities do not, then the county is mandated to do so. Council and staff discussed this provision with Council agreeing that the county should be the entity responsible for the new tobacco laws. Kennel Ordinance: Council and staff discussed the provision of the kennel ordinance which requires applicants for residential kennel licenses to obtain the consent of their neighbors whose property abuts the applicant's property. There was a consensus of the Council that staff should provide proposed language to remove this requirement. Staff was directed to prepare a draft ordinance and bring it back for Council review at a future council work session. Liquor Ordinance Amendment: Council and staff discussed the provision in City Code which regulates off -sale liquor licenses. Walsh proposed that Council consider removing the subsection which prohibits issuing a license to an off -sale liquor store which is within one -half mile of another one. Walsh advised this provision has been in existence since 1986 and most cities in Dakota County do not have a distance requirement except for Burnsville. Following discussion, Council directed staff to prepare an ordinance for further consideration of removing the one -half mile requirement. Budget Discussion: City Administrator Burt reviewed with the City Council a draft of the 1999 operating budget and 1999 CIP. Discussion was held on the amount of levy limits for 1999 and whether funds should be set aside in reserve to use on additional CIP projects. Following discussion Council agreed to place some funds in reserve with the final amount to be detemnined once final tax capacity and market valuations are received from the County. City Administrator Burt noted the draft operating budget lists the debt bond payment) for the ice arena as a debt service fund rather than as an expenditure out of the arena fund. Burt recommended using this 1 ROSEMOUNT CITY PROCEEDINGS COUNCIL MEETING WORKSHOP JULY 20, 1998 procedure versus having a transfer into the arena fund as a subsidy. This way the arena would be able to start building reserves for capital replacement. Council agreed to discuss this natter again at a future meeting. Councihnember Edward said that he would like to discuss at an upcoming meeting year 2000 issues that the city may have to address. There being no further business, the meeting was adjourned. Respectfully submitted, alatiY Susan M. sh, City Clerk The City Council agenda packet is Clerk's File 1998 -20. 2 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 21, 1998, 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 Charlie LeFevere, City Administrator Burt, City Engineer/Public Works Director Osmundson, Assistant to City Administrator Susan Walsh, Parks Recreation] Community Center Director Topitzhofer, and Water Resource Coordinator Brown. Water Resource Coordinator Brown led the group in the Pledge of Allegiance. There were no public comments or responses to public comments. The agenda was changed to include a Closed Executive Session on the Chippendale Avenue Project, three items to the consent agenda, and one to new business. The Consent Agenda was amended to include: 1) Set Special Meeting with I.S.D. School Board; 2) Temporary Liquor License for Rosemount VFW /Tractor Pull; and 3) Expenditure Approval from Donation Account for Leprechaun Days. The New Business item was Change Order #1, Chippendale Avenue Improvements, City Project 290. Peoples Natural Gas Contribution Parks Recreation/Community Center Director Topitzhofer reviewed the development of the Rosemount Family Resource Center over the past five years. The building is now in progress with the Area Learning Center Students doing a good share of the constriction work. A lease is being negotiated with the Community Action Council. Topitzhofer introduced Mr. Gene Graves and Dave Perron from Peoples Natural Gas which has two million customers in eight states. Mr. Graves presented a $3,500 check for the Rosemount Family Resource Center. Graves noted he considered it an honor and was proud of the community youth and the cooperation between the youth involvement, community, and government. Sheila Klassen accepted the check for the Center. Klassen mentioned the Job Shadowing Program which was piloted in Rosemount and thanked Peoples Natural Gas and the City Council for support. Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 21, 1998 Councilmember Wippermann had questions on if there were any variances in the Bloomfield Addition, Item 6.g.. of which there were none; and if red was considered an earth tone for the mini storage, Item 6.k. which was described as "terra cota." MOTION by Edwards to approve the Consent Agenda as amended with the addition of 6.1. Set Special Meeting with I.S.D. 196 School Board; 6.m. Temporary Liquor License for Rosemount VFW /Tractor pull; and 6.n. Expenditure Approval from Donation Account for Leprechaun Days. Second by Busho. Ayes: Five. Nays: None. Motion carried. The Consent Agenda included the following items: a. Minutes of June 7, 1998 Regular City Council Meeting b. Approval of Bills Listing c Approved Rezoning of Business Park AG to BP -2 d Federal Assistance Resolution Funds for storms of May 15 and May 30 e. Receive Bids /Award Contract, Geronime Pond 2nd Addition Street Utility Improvements, C.P. 293 f. Approve Final Plat and Subdivision Agreement Bloomfield Addition, City Proj. 292 g. Receive Bids /Award Contract Bloomfield Addition Street &Utility Improvements, City Project 292 h. Payment #1, 145th Street West Street Utility Improvements, City Project 291 i. Payment #5, Shannon Pond East 1st Addition Street Utility Improvements, C.P. 283 j. Payment #3 and Change Order #1, McNamara Addition Street Utility Improve.,City Project 282 k. Approve PUD Agreement Secure Mini Storage I. Set Special Meetine with I.S.D. 196 School Board August 3, 1998 m. Temporary Liquor License for Rosemount VFW /Tractor Pull July 26, 1998 n. Expenditure Approval from Donation Account Leprechaun Days Approve_Water Resource Ordinance Wetland Mana' .ment Plan Hiring of Building Official 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 21, 1998 Public Works Director /City Engineer Osmundson reviewed the Public Hearing process with the Wetland Management Plan. Osmundson introduced the Water Resource Coordinator Tim Brown. Brown continued to review the Task Force and meetings with the Utility Commission, Planning Commission, DNR, MPCA Board,Dakota County Board Soil Water Conservation, and the Vermillion Watershed Commission. A wetland inventory has been completed from Akron to the western boarder with the eastern side now in progress to be completed by the year end. Rosemount was commended for their proactive approach, being one of the first cities to complete this process. Brown noted this is an evolving plan: changes and additions can and will be made as needed. MOTION by Carroll to adopt the Rosemount Comprehensive Wetland Plan and the enabling Ordinance amending the Rosemount City Code as the Surface Water Management Ordinance No. XI.20. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Assistant to the City Administrator Walsh noted that ten applications were received for the Building Official's position. Six people were interviewed by a panel of the City Administrator, Community Development Director and Assistant to the City Administrator. William Mesaros, now the Assistant Building Official in Inver Grove Heights was offered the position and accepted. His start date is August 10, 1998. MOTION by Carroll to approve the hiring of William Mesaros for the position of Building Official subject to a successful pre employment physical. Second by Anderson. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. 1 1 Closed Executive Session ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 21, 1998 MOTION by Busho to adjourn to a Closed Executive Session to discuss legal counsel on the Chippendale Project. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Meeting Reconvened Mayor Busho reconvened the regular City Council meeting at 8:47 p.m. Change Order #1, Chippenda 11 1 1 11 1 ject #290 MOTION by Busho to approve Change Order #1 for the Chippendale Avenue Improvements, City Project 290. Second by Anderson. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Announcements Mayor Busho reminded Council of the Leprechaun Days Parade invitation to ride the fire truck on July 25th. The Special Meeting with the School Board is on Monday, August 3, 1998. Mayor Busho adjourned the regular meeting at 8:49 p.m. Susdn M. Wy ,h, City Clerk The City Council Agenda Packet is Clerk's File 1998 -21. 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, August 4, 1998, 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 and Wippermann present. Councilmember Anderson was absent. Also present were City Attorney Charlie LeFevere, City Administrator Burt, City Engineer /Public Works Director Osmundson, Assistant to City Administrator Susan Walsh, Parks Recreation/ Community Center Director Topitzhofer, and Finance Director May Finance Consultant Dan O'Neill from Springsted Inc. led the group in the Pledge of Allegiance. There were no public comments or responses to public comments. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 4, 1998 The agenda was changed by adding one item to the consent agenda: Set Special Meeting as a Committee of the Whole Workshop, August 18, 1998, at 6:00 p.m. Consent Agenda MOTION by Edwards to approve the Consent Agenda as amended with the addition of 6.p. Set Special Meeting Second by Wippermann. Ayes: Four. Nays: None. Motion carried. The Consent Agenda included the following items: a. Minutes of July 21, 1998 Regular City Council Meeting b. Minutes of July 17, 1998 Special City Council Meeting c. Minutes of July 20, 1998 Committee of the Whole Workshop d. Approval of Bills Listing e Reaffirming Precinct Polling Places and Appointing Election Judges f. Temporary Change of Start Time for Two Regular City Council Meetings g. Payment #1, Broback Park Street Utility Improvements, City Project 279 h. Payment #1, Chippendale Avenue Improvements, City Project 290 i. Payment #1, Brockway Draw Trunk Sanitary Sewer, City Project 286 j. On Sale Liquor Licenses On Public Premises k. Approve Final Plat Subdivision Agreement, Stonebridge 3rd Addition 1. Receive Bids /Award Contract, Stonebridge 3rd Addition Street Utility Improvements, C.P. 295 m. Receive Plans Spec's /Order Ad for Bid, Fleet Development Improvements, City Project 296 n. Payment #4, Biscayne Pointe Street Utility Improvements, City Project 285 o. Payment #3, The Enclave Addition, City Project 289 p. Set Special Meeting for Committee of the Whole Workshop Accept Bids andAward Sale of General Obligation Improvement Bonds, Series 1998B Finance Director May reported the results of the bid award for the sale of General Obligation Improvement Bonds, Series 1998B. Ten agencies bid on the bond, which is the most the City of Rosemount has ever had. The bid was awarded to Robert W. Baird Company, Inc. at the interest rate of 4.395% for 52,805,000. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 4, 1998 These funds will be used for street and utility improvements in the Bloomfield Addition, City Project 292; Geronime Pond 2nd Addition, City Project 293; Stonebridge 3rd Addition, City Project 295; and Broback Park, City Project 279. MOTION by Wippermann to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $2,805,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998B AND PROVIDING FOR THEIR ISSUANCE. Second by Edwards. Ayes: Busho, Carroll, Edwards, Wippermann. Nays: None. Motion carried. Approve Plans S pec's /Order Ad for Bid Public Works Maintenance Facility Public Works Director /City Engineer Osmundson gave an overview of the planning for additional maintenance space. Boarman Associates did a Space Needs Study in 1990 which recommended that the public works department would need 35,000 square feet by year 2000. This has been budgeted into the CIP Budget with a "campus" design for the city buildings. Dakota County will be moving out of its maintenance facility on Biscayne Avenue and staff has looked into the possible purchase of it rather than a new building. It was built in 1975 and is 20,000 square feet. Some of staff's concerns are roof repairs, block repairs, no insulation causing high heating bills, and ADA needs. The County appraisal of the building puts the value somewhere between $700,000 and $1,000,000. Staff was requested to continue negotiating with the County and to report hack to City Council with a firmer sale price. Bob Vanney, of Vanney Associates, Inc. presented a floor plan and elevation of a possible maintenance facility. This would be a stand alone building next to the current Public Works /Fire Hall No. 2. It would have 10,560 square feet space; about half for a maintenance shop and half for storage. It could be connected to the building next to it with a corridor or enclosed hallway. The exterior would match the existing building. Osmundson noted that a twenty year lease purchase would require budgeting for $24,000 per year plus $10,000 from water funds and $10,000 from sewer funds per year. Finance Director May estimated that would cost each taxpayer in Rosemount less than one dollar per year and would increase the water and sewer budgets 1.3 Council held discussion. The Police Department has an expansion need also which is in the 10 Year CIP. Council agreed to move ahead with the call for bids for the public worksfacility, but with the understanding that more information is requested from Dakota County and further Council consideration is required. MOTION by Carroll to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE PUBLIC WORKS MAINTENANCE FACILITY ADDITION. Second by Wippermann. Ayes: Carroll, Edwards, Wippermann, Busho. Nays: None. Motion carried. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 4, 1998 k 1 ;:r.r 1 1 1 1 1 1 1 n 1 4 11 1 1 Mayor Busho called the Public Hearing to order. The Affidavits of Mailed, Posted and Published Hearing Notice were on file as reported by the recording secretary. Public Works Director /City Engineer Osmundson reported that the berm was moved off the railroad property for Biscayne Pointe Addition which required a grading plan change. The change moved the drainage area and this vacation will help correct that. There was no public comment. MOTION by Wippermann to close the Public Hearing for Drainage Utility Easement Vacation in Biscayne Pointe Addition. Second by Carroll. Ayes: Four. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION CAUSING A DRAINAGE UTILITY EASEMENT VACATION IN THE BISCAYNE POINTE ADDITION. Second by Wippermann. Ayes: Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. PIIiLApleement for Wensmann 11th Addition Community Development Director Rogness reported that the elevation of the townhomes closest to the existing single residential homes was reduced and the berm will remain allowing more privacy to the existing homes. The park area was reduced from 3 acres to 2.63 acres due to the design of the pond and capacity needs. Parks and Recreation /Community Center Director Topitzhofer has discussed this with the Parks Recreation Committee chair and there wasn't concern about the park size. This will be a small neighborhood park. There was discussion on the landscape language which will be clarified. MOTION by Edwards to approve the Planned Unit Development Agreement for Wensmann Eleventh Addition. Second by Carroll. Ayes: Busho, Carroll, Edwards, Wippermann. Nays: None. Motion carried. Amendment toLignor License Ordinance Assistant to the City Administrator Walsh presented an ordinance amendment that would remove the provision in the City Code that prohibits off -sale liquor stores to be located within one -half mile of each other. This provision has been in the City Code since 1986 when the municipal liquor store was sold. Burnsville is the only other city in Dakota County that has a similar provision. Since the Rosemount commercial district is somewhat limited in size, the one -half mile limit is too restrictive and would eliminate certain areas within the city's commercial district. There are only two off sale liquor license provided for in Rosemount with no additional licenses available. Rishi P. Mohabir, 3395 Upper 147 Street, owner and CEO of Rosemount Liquors protested this proposed amendment to the liquor ordinance. Rosemount Liquors is located off Chippendale Avenue and County Road 42. Mohabir noted that there is another liquor store across the Apple Valley hoarder to the west. Mohabir believed that because Apple Valley had a municipal liquor 1 1 store there is a state law that would prohibit another liquor store. Staff will check that information. Mohabir noted that he has had an extensive advertizing champaign in the neighboring communities to bring business to Rosemount and he felt it would be unfair to locate another liquor store on the County Road 42 commercial district. Sarah Dostal, 16180 Garner Avenue, representing Mr. and Mrs. Ritz Doljes, of Shenanigan's Off Sale Liquor Store noted that many avenues had been explored. They had looked at nine locations in Rosemount to relocate their store, but the only feasible location was in the McNamara Addition near Shannon Parkway and County Road 42. This is less than one -half mile from Rosemount Liquors but only by two blocks. Shenanigan's has been very successful and needs to expand the business. The on -sale Shenanigan's restaurant and bar would be sold and the off -sale store space there used for expansion of the on -sale business. A second reading of the liquor license ordinance will be read at the next City Council meeting. Announcements Mayor Busho noted that the Dakota County Fair begins next week. Mayor Busho attended Safety Camp at the Community Center which had a National Guard helicopter visit at the end of the day. The third and fourth graders had a great time and Teamed many safety tips. This evening, August 4, there are many neighborhood gatherings for the National Night Out which was sponsored by the First State Bank and Toombs Insurance. There will not be a Conm» ttee of the Whole on August 17, but it will be scheduled for August 18, at 6:00 p.m. prior to the City Council meeting. Port Authority on August 18th is canceled. Mayor Busho adjourned the regular meeting at 9:30 p.m. Sulan M. Wal City Clerk The City Council Agenda Packet is Clerk's File 1998 -23. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 4, 1998 Respectfully submitted, Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL WORKSHOP MEETING AUGUST 18, 1998 Pursuant to due call and notice thereof a special workshop meeting of the City Council was held on Tuesday, August 18, 1998, at 6:00 p.m. in the Council Chambers. Mayor Busho called the meeting to order with all members present. Also in attendance were City Administrator Burt, Finance Director May, Public Works Director Osmundson, Community Development Director Rogness, Police Chief Kalstabakken, Parks Recreation Director Topitzhofer. The following items were discussed: Business Park Update: Community Development Director Rogness provided a schedule of events that will need to occur if the proposed 10 -15 acre business park project proceeds Further. The business's agent indicated that a preliminary site plan has been prepared for review by the business for a site on the eastern side of the detention pond. Rogness believes that a confirmation of the proposed project will likely be made sometime next week. Comprehensive Plan: Rogness summarized the latest draft of the housing chapter for the city's update of its comprehensive plan. Two main assumptions are being made for housing, including a 70/30 percent mix for single family /multi family units and an average new housing growth of 275 units per year from 2000 -2020. These assumptions show that nearly 600 additional acres are needed to absorb that growth between 2010 and 2020. Two areas are being proposed, including an area north of 135th Street and west of Akron Avenue, and an area north of Highway 42 and east of Akron Avenue. The Council discussed this information and questioned whether these assumptions should be used, especially considering the 1997 city survey results. The council asked staff to use a lower number for new housing forecasts, closer to an average of 200 units per year. In addition, they asked staff to use a new housing mix at either 75/25 or 80/20 percent for single family /multi- family units. The Council preferred that the MUSA not be expanded beyond the current approved line due to the constraints of Koch east of Akron Avenue, the U of M south of Highway 42 and the rural residential area north of 135th Street. 1999 Proposed Budget: City Administrator Burt reviewed with Council the 1999 tax capacity rates if the city budgeted with and without a surplus in the 1999 operating budget. Burt cautioned that consideration needs to be given to the tax capacity rate if the City wants to stay competitive for future businesses to the business park. Discussion was also held on removing debt service from the ice arena budget so funds can begin to be set aside for future repairs. The Council discussed these budget items and directed staff to continue to budget debt service with the ice arena as it has been done in previous years. Council further directed staff to present the proposed 1999 preliminary levy without reserves. Staff will go back and review the budget, and at the September work session recommend possible reductions in budget expenditures. There being no further business, the meeting was adjoumed at 7:10 p.m. Respectfully submitted, Susan M. Walsh, City Clerk The City Council packet is Clerk's File 1998 -24. ROSEl1IOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 18, 1998 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 18, 1998, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Anderson, Wippermann, and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, City Engineer./Public Works Director Osmundson, Assistant to City Administrator Susan Walsh, Parks Recreation/ Community Center Director Topitzhofer, and Conununity Development Director Rogness. Councilmember Wippermann led the group in the Pledge of Allegiance. Chan •s to Agenda Changes to the agenda included adding two items to the Consent Agenda: Approval of Solid Waste Haulers License and Rezone Bloomfield, Phase I, From AG to R1 and R2. Also, Consent Agenda Item. 6.i. Temporary On -Sale Beer License was pulled by the applicant. Revisions were made and presented to Council on Items 8.a. CMC Heartland Partners I, LP, Preliminary Plat for Phase 2 of Bloomfield and Item S.c. Rosemount Commons Preliminary Plat. Public Comment Phillip Henaman, 14645 Delft Path, gave a petition to the City Council noting three items the neighbors were not satisfied with in regard to the Broback Park Addition to the west of Delft Avenue. 1) W.S. Development removed sand from the holding pond and refilled it with mud which no longer drains; 2) the earthen berm behind several homes was removed; and 3) the storm sewer grate plugs up with street debris and leaves when it rains. Mayor Busho noted that staff and the Council will respond at the next City Council meeting under Response to Public Comment. Consent A •nda Councilmember Wippermann requested discussion on Item 6.c. Amendment to Off -Sale Liquor License Regulations following Consent Agenda action. MOTION by Edwards to approve the Consent Agenda as amended with the addition of 6.k. and 6.1. Second by Anderson. Ayes: Five. Nays: None. Motion carried. a. Minutes of August 4, 1998 Regular City Council Meeting b. Approval of Bills Listing c Amendment to Off -Sale Liquor License Regulations(Pulled for discussion) d. Hiring of Firefighters e. Payment #2, 145th Street West Street Utility Improvements, City Project 291 f. Receive Feasibility Report /Order Plans Spec's /Receive Plans Spec's /Approve Project /Order Ad for Bid Wensmann 1lth Addition Street Utility Improvements, City Project 298 g. Order Feasibility Report 1998 Overlay Project h. Outlot B, Carrollton Addition Lot Split Combinations 1 1 Amendment to Liquor License Ordinance ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 18, 1998 i. Temporary On -Sale Beer License (Pulled from Consent Agenda by applicant) j. Receive Bids /Award Contract, Fleet Development Sanitary Sewer, City Project 296 k. Approval of Solid Waste Haulers 1. Rezone Bloomfield, Phase I, From AG to RI and R2 Assistant to the City Administrator Walsh presented an ordinance amendment that would remove the provision in the City Code that prohibits off -sale liquor stores to be located within one -half mile of each other. Burnsville is the only other city in Dakota County that has a similar provision with a one mile restriction. Shenanigan's Liquor Store has selected a site to build a new store which is 359 feet within the half mile radius. City Attorney LeFevere responded to discussion from the last meeting regarding any State regulations which would limit placement of an off -sale liquor store. LeFevere found after research that no State regulations restricted municipalities for off -sale placement. There were restrictions for townships and municipal owned stores which do not affect the City. Staff recommends removing the one half mile restriction. Walsh provided a chronological summary of events that took place when the former municipal liquor store was sold to the present owners, Pat and Fritz Dolejs. Walsh noted that there were two purchase agreements offered to the city for purchase of the liquor store, and both offers including the Dolejs offer, included the one -half mile restriction. Attorney Vance Grannis, Jr. represented Mr. Mohabir, one of the off -sale liquor store owners. Mr. Mohabir has lived in Rosemount for 27 years and put his life savings into this business. He based his investment on the one half mile restriction and the limit of two off -sale liquor stores in Rosemount. Grannis noted that there is no compelling reason to change the laws now. He submitted a petition with 323 signatures supporting the continuance of the restriction. Grannis suggested that Doljes find another site; or put a delay on the ordinance change for two to three years; and /or reduce the half mile restriction but don't eliminate it. Ritz Doljes, from Shenanigan's Liquor Store noted that he would prefer to stay on Highway 3 and had worked with city staff and local businesses in trying to find another site suitable for a new off sale liquor business but was unsuccessful. Council discussion followed with the majority of the Council agreeing that the City Code is outdated at this point and no longer serves the original purpose since it actually restricts trade and new businesses in the city's commercial district. Councilmember Wippermann felt action should be delayed until the entire ordinance has been reviewed and further input is received. MOTION by Anderson to adopt ORDINANCE XVI.39, AN ORDINANCE AMENDING TITLE 3 PERTAINING TO LIQUOR REGULATIONS. Second by Edwards. Ayes: Anderson, Busho, Carroll, Edwards. Nays: Wippermann. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 18, 1998 u 11 1 •11'1. 1 1 1. 1 1 11 eld Community Development Director Rogness reviewed the Preliminary Plat and Planned Unit Development for Bloomfield Phase 2. A revised resolution was presented to include the Planted Unit Development area plan. This is single family detached housing with 133 lots. James Lambeth of CMC Heartland Partners, LP noted that a larger than required park dedication was given with Phase 1 of Bloomfield, so he would like the resolution to reflect a credit for Phase 2. Staff agreed. Councilmember Carroll noticed that 831 trees will be planted for landscaping which is much greater than the typical one tree per lot plan. Mayor Busho thanked staff and CMC for continuing to work together for a fine development. MOTION by Edwards to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT AND RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR BLOOMFIELD 2ND ADDITION including the Park Dedication credit clarification. Second by Wippermann. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Order Feasibility Report, EasLSide_Water System Improvements, City Project 302 Public Works Director /City Engineer Osmundson reported on the need to plan for a water supply system to the eastem side of Rosemount. A trucking firm is building a 12,000 square foot terminal on 140th Street East just east of Trunk Highway 52 which requires fire suppression equipment dependent on enough water flow to run. At this time, the water lines are too small and water reservoirs and a high output pump is required adding $60,000 cost to the development. Staff recommends investigating the feasibility of providing a short -term and long-term water system which can provide fire fighting and fire suppression capabilities to eastern Rosemount as development continues. MOTION by Busho to adopt A RESOLUTION ORDERING A FEASIBILITY REPORT FOR THE EAST SIDE WATER SYSTEM IMPROVEMENTS, CITY PROJECT 302. Second by Anderson. Ayes: Busho, Carroll, Edwards, Anderson, Wippenmann. Nays: None. Motion carried. Rosemount. Commons Preliminary Plat, PiJD (Final) Development_Plalleritage Development Community Development Director Rogness presented Heritage Development located south of Wachter's Lake and east of Chippendale Avenue. The final plan is consistent with the concept which was approved on May 19, 1998. The units have been reduced to 121 total townhome units. two streets were adjusted to have turn- arounds needed for emergency fire equipment, setback encroachments have been eliminated, and common parking was reduced 35% throughout the development. Tom Bisch and Tim Bremer from Heritage Development of Minnesota, Inc. were present to answer questions. A walking path will be connected to and continued along Chippendale Avenue. An eight foot berm will be placed along the railroad tracks on the east. A gazebo is planned to overlook Wachter's Lake. 3 1 1 1 MOTION by Edwards to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT AND RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR ROSEMUONT COMMONS. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Wippennann, Busho. Nays: None. Motion carried. Announcements Mayor Busho noted that a Veteran's Memorial Meeting was scheduled for August 22 to determine the design. There will be a September Committee of the Whole Workshop on September 14. Mayor Busho adjourned the regular meeting at 9:08 p.m. Susan M. Wal City Clerk The City Council Agenda Packet is Clerk's File 1998 -25. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 18, 1998 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 1, 1998, at 7:31 p.m. in the Council Chambers at City Hall. 2875 145th Street West. Acting Mayor Wippennann called the meeting to order with Councilmembers Edwards, Anderson, and Carroll present. Mayor Busho was absent. Also present were City Attorney Charlie LeFevere, City Administrator Burt, City Engineer /Public Works Director Osmundson, and Parks Recreation/ Community Center Director Topitzhofer. The Pledge of Allegiance was said. The Consent Agenda was amended to remove 6.e. Community Center Natural Gas Services Contract with Peoples Natural Gas and add 6.s. Approve Northern Natural Gas (Enron) Agreement for City Project 292. Discussion was requested for a meeting date change under Announcements. There were no public conntents. Response to Public Comment: Delft Avenue Neighborhood Concerns Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1998 Public Works Director /City Engineer Osmundson reviewed the concerns about the Broback Park development west of the homes on Delft Avenue. This area was originally zoned industrial and will now be developed into single family residential. This does not require any buffering between the homes because they are zoned the same, so the developer removed most of the berm that was existing. An outlet was added to the ponding area that drains to Hawkins Pond. Neighbors were concerned that in a heavy rain the water may drain toward their homes or fill the swale area. The storm grate is undersized on Delft Avenue and a large flat area drains into it. Staff agrees that a 4- foot manhole with a beehive style drain may be more effective and this could be done by this fall or in the spring. Staff agreed to report back to City Council in October. Kevin Meyer, Chuck Stauffer, Philip Henaman, and Darcy Schultz spoke against the changes in the pond and bemrs and asked staff to level out the pond bottom. MOTION by Edwards to approve the Consent Agenda as amended by removing 6.e. Community Center Natural Gas Services Contract with Peoples Natural Gas and adding 6.s. Approve Northern Natural Gas (Enron) Agreement for City Project 292. Second by Carroll. Ayes: Four. Nays: None. Motion carried. Receive Feasibility Report/Set Public Hearin 1998 Structural Overlay Improvements (121st Street), City Project 301 Public Works Director /City Engineer Osmundson reviewed the structural overlay for 121st Street, City Project 301. The street was built in 1987 with an insufficient base and is in need of resurfacing. The assessment policy is 35% of the cost of $42,000 which will be assessed to the benefiting properties and is estimated at $980 per parcel. This will affect Stonebridge 1 and III. This project will be completed in mid- September. 1 MOTION by Anderson to adopt A RESOLUTION RECEIVING FEASIBILITY REPORT /SETTING PUBLIC HEARING FOR THE 1998 STRUCTURAL OVERLAY IMPROVEMENTS, 121ST STREET WEST FROM AKRON AVENUE TO ITS WESTERN TERMINUS, CITY PROJECT 301. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Announcetnents City Administrator Burt called for a re- scheduling of the Committee of the Whole Workshop because three of the Councilmembers were not able to attend on September 14th. Council determined that September 22. 1998, at 6:30 p.m. would be available. MOTION by Carroll to change the Committee of the Whole meeting to September 22, 1998, at 6:30 p.m. in the Central Park shelter. Second by Wippermann. Ayes: Edwards, Anderson, Wippernann, CanToll. Nays: None. Motion carried. Acting Mayor Wippermann adjourned the regular meeting at 8:35 p.m. Susan Wals City Clerk The City Council Agenda Packet is Clerk's File 1998 -26. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1998 Respectfully submitted, Linda Jentink, R cording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1998 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, September 15, 1998, at 8:00 p.m. in the Council Chambers at City Hall, 2875 145 Street West. The regular meeting time was changed from 7:30 p.m. to 8:00 p.m. due to primary elections. Mayor Busho called the meeting to order with Councilmembers Edwards and Wippermann present. Councilmember Carroll arrived at 8:15 p.m. Councilmember Anderson was absent. Also present were City Attorney Charlie LeFevere, City Administrator Burt, City Engineer /Public Works Director Osmundson, Parks Recreation Director Topitzhofer, and Police Chief Kalstabakken. Representative Dennis Ozment led the group in the Pledge of Allegiance. The agenda was changed to amend Item 6.v. to reflect a low bid of $644,811.46 and to pull Item 6.g. from the agenda. City Administrator Burt noted the minutes of September 1, 1998 were amended in accordance with a memo previously distributed to the Council. There were no public comments or response to public comment. Department Heads Reports /Business Representative Ozment updated the council on issues currently being addressed at the capitol. A 20- member Advisory Council to Koch Refining is being organized to improve communication between the community and Koch. Applications for council positions will be mailed to residents, along with newspaper announcements. October 3 is the deadline for accepting applications. Other issues being addressed include the conflict between farming and development, recodification of current TIF laws to make them more user friendly, deregulation of electricity, and the year 2000 affect on technologies. Consent Agenda MOTION by Wippermann to approve the Consent Agenda as amended by revising Item 6.v. and pulling Item 6.g. Second by Edwards. Motion carried unanimously. The Consent Agenda included the following items: a. Minutes of September 1, 1998 Regular City Council Meeting b. Approval of Bills Listing c. Donation Account Expenditure Parks Recreation d. Donation Account Expenditure Police Equipment e. Donation Account Expenditure Police Speed Monitor Trailer f. D.A.R.E. Police Liaison Services Agreement g. Termination of Employee h. Payment #3, 145th Street West Street Utility Improvements, City Project 291 i. Payment 47 Final, Well #9, City Project 273B j. Payment #6 Final, Shannon Pond East 1st Addition Street Utility Improvements, City Proj. 283 k. Payment #4 Final, McNamara Addition Street Utility Improvements. City Project 282 1. Declare Cost for Assessment/Set Public Hearing, 1997 ST. Utility Reconstruction lmprov. C.P. 277 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1998 Page 2 m. Declare Cost for Assessment/Set Public Hearing, Geronime Pond Street Utility Improv. C.P. 280 n. Declare Cost for Assessment/Set Public Hearing, McNamara Add. Street Utility Improv. CP 282 o Declare Cost for Assessment/Set Public Hearing. Hawkins Pond ST. Utility Improvements, CP 275 p. Declare Cost for Assessment/Set Public Hearing. Shannon Pond East 2nd Addition (fomrerly Shannon Pond East P` Addition) Street Utility Improvements. City Project 283 q. Declare Cost for Assessment/Set Public Hearing. Biscayne Pointe Street Utility Improvements, CP 285 r. Declare Cost of Assessments/Set Public Hearing, Brockway Draw Trunk Sanitary Sewer Improv. CP 286 s. Declare Cost for Assessment/Set Public Hearing, The Enclave ST. Utility Improvements, City Proj. 289 t. Martha Simonett, James Jordon Lot Division Lot Combination u. Approve Final Plat Subdivision Agreement for Wensmann 1 lth Addition v Receive Bids /Award Contract, Wensmann 11th Addition Street Utility Improv. City Proj.298 w. Declare Surplus Property Public Hearing: 1998 Structural Overlay Improvements, 121" Street \%'est. City Project 301 Mayor Busho opened the Public Hearing for the 1998 Structural Overlay Improvements to 121 Street West, City Project 301. The recording secretary confirmed the affidavit of mailed, posted and published notice is on file. Public Works Director Osmundson summarized plans for improvements to 121 St. West in Stonebridge 1 Addition. consisting of a 2" bituminous overlay and installation of shoulder material. These improvements, which would not be started until completion of the road construction in Stonebridge 3 `d will extend the lifetime of the road 10 -15 years. The estimated cost of the project is $42,000, with 35% assessed to the 15 benefiting properties and 65% to city taxpayers. This results in approximately $980.00 assessed to each parcel. Mayor Busho invited comments from the audience. Osmundson responded to concerns regarding warranty, the timetable for completion, and the poor condition of the soil base under the road. Don Smulski, 1400 121 St. W., does not feel 121 St. needs this repair and feels the heavy equipment traffic as a result of new construction in Stonebridge 3 will deteriorate any improvements. He also feels the homes in Stonebridge 3 should share in the assessments. Mr. Smulski presented a Petition signed by the homeowners on 121 St. Angie Sabo, 1155 121 St. W., inquired about payment terms for the assessments. She also stated the heavy equipment presently working in the area is operating in such a manner to present a safety concem for the children. Councilmembers considered alternatives of performing the overlay project now, or waiting until completion of construction in Stonebridge 3` and then doing a total reconstruction of the road. A total reconstruction project could cost 3 -4 times more. City Attorney LeFevere pointed out that any decision would affect not only the residents on 121 St. but also all city taxpayers. The interests of both segments must be considered. The bidding and assessment process was 1 1 1 reviewed. Osmundson offered to meet with the residents for the benefit of those not in attendance to answer questions as to the options available. MOTION by Busho to close the public hearing for 1998 Structural Overlay Improvements (121 Street), City Project #301. Second by Edwards. Motion carved unanimously. City Administrator Burt indicated the city would send a letter to the residents on 121 St. W. with the bid results prior to the October 6 Council meeting. MOTION by Carroll to adopt A RESOLUTION ORDERING THE PROJECT, ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS, APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE 1998 BITUMINOUS OVERLAY AND APPURTENANT WORK, CITY PROJECT #301. Second by Wippermann. .Ayes: Wippennami, Busho, Carroll, and Edwards. Nays: O. Motion carried. Announcements Council Worksession on Tuesday, September 22, 6:30 -9:00 p.m., at the Central Park Shelter. Fire Station Open House, October 20. Koch Community Days, October 7. Mayor Busho adjourned the regular meeting at 9:35 p.m. The City Council Agenda Packet is Clerk's File 1998 -27 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15. 1998 Page 3 Respectfully Submitted, Dianne G. Quinnell Recording Secretary 1 Pursuant to due call and notice thereof a regular Committee of the Whole workshop was held on Monday, September 22, 1995, at 6:30 p.m. at the Central Park shelter. Mayor Busho called the meeting to order with Councilmembers Wippermann, Anderson, and Edwards in attendance. Also attending were City Administrator Burt, Public Works Director Osmundson, Community Development Director Rogness, Police Chief Kalstabakken, and Parks Recreation Director Topitzhofer. The following topics were discussed. CITY OF ROSEMOUNT COMMITTEE OF THE WHOLE SEPTEMBER 22, 1998 MVTA Strategic Plan. The Mayor presented the item and asked if there were any questions. if Council members had questions after they had more time to review the plan they were asked to direct those questions to the Mayor. Police Tow Contract. Chief of Police Kalstabakken discussed a proposal to terminate the existing contract for towing services and have tow services provided without a contract agreement. It was explained that one towing service would be selected to perform all tows and the procedure would operate virtually the same as if a contract existed. Two (2) companies in addition to the current tow provider have called and expressed an interest in providing tow services. Both interested companies already tow for other law enforcement agencies. Discussion was held about protecting vehicle owner and obtaining specified services through contract. The same protection and services can be obtained by negotiating with selected tow companies. Council discussed the termination of the current agreement. The agreement specifies that either party may terminate the contract for any reason. It was proposed to end the contract December 31, 1998 by sending a letter stating only that the contract is being terminated in accordance with the addendum. Year 2000. The City Administrator informed the City Council of the progress staff has made on preparing for Y2K and discussed a number of items that staff is continuing to research for compliance. Dakota County Transportation Plan. Public Works Director Osmundson reviewed the segments of the County Transportation Plan which affect Rosemount. The main issues include the County's request for TH 3 to be designated as a Principal Arterial Highway, which, in the long temt, could have a major impact on the Downtown. Other items discussed included the plans for CR 46 on 160th Street aliemnent for 1999; CR 33 (Diamond Path) from CSAH 42 to CR 46: a new interchange at CSAH 42 and US Hwy. 52; realignment of the CSAH 42 and TH 55 intersection; and a new County funding policy. The County is accepting comments along with their new Comprehensive Plan. Staff will bring back to an October meeting a resolution for the Council to adopt with the City's comments. 1 1 CITY OF ROSEMOUNT COMMITTEE OF THE WHOLE SEPTEMBER 22, 1998 Public Works Building Addition. Public Works Director Osmundson reviewed the bids received on September 4 for the Public Works Building Addition. Seven bids were opened with the low bid of $651,500 to a high bid of $81 L971 with a number of bid alternates. Osmundson also reviewed a letter from County Engineer Theisen reviewing the alternatives for sharing a facility with the County. These included constructing a new building shared with the County at an estimated City cost of $2.4 million which does not include land acquisition or design fees; the City purchasing the existing County facilities at a cost of $700,000 plus renovations of $560,000; and the possibility of the County sharing space at a City facility with the County paying for the expansion. Many of the sharing alternates are dependent on facility location for both parties. The County is still studying their needs for the future. Osmundson recommended that the City should construct the addition due to funding concerns. Discussion ensued regarding Bid Alternates. the possibility of sharing County facilities, and other City facilities and departmental needs. The majority of the Council agreed that the project should proceed as bid. Parks Department Reorganization. Parks and Recreation Director Topitzhofer presented a temporary plan to solve staff shortages at the Community Center/Ice Arena. The plan is to expand the duties of existing staff and compensate them for their extra duties. Staff will move forward on recruiting an additional full -time building attendant and will temporarily utilize existing employees to assume light mechanical, cleaning, room set -up, and operating the ice resurfacer. The City Council was in support to the interim plan. Proposed 1999 Budget. City Administrator Burt presented proposed reductions for the 1999 budget. Staff identified a critical need to further examine possible other revenues the City could generate for needed Capital Improvements. Council supported the recommended reductions. Committee Meeting Dates. City Council discussed possible future meeting dates for the Committee of the Whole. It was the consensus of the City Council the Committee of the Whole will continue to meet on the Monday prior to the second City Council meeting of each month. The next meeting will be on October 19, 1998. Chippendale Improvements. Public works director Osmundson updated the City Council on the Chippendale improvement project and identified the issues of existing businesses along the project. Staff presented Evergreen Gardens request to wave the assessment for the relocation of their driveway. The consensus of the City Council was to not wave the assessment for Evergreen Gardens. There being no further business, the meeting was adjourned. 1 1 1 See Clerk's File 1998 -28 for packet information. CITY OF ROSEMOUNT COMMITTEE OF THE WHOLE SEPTEMBER 22, 1998 Respectfully submitted, Thomas D. Burt, City Administrator 1 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 6, 1998, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Anderson, Wippennann, and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, City Engineer/Public Works Director Osmundson, Assistant to City Administrator Susan Walsh, Parks Recreation/ Community Center Director Topitzhofer, Civil Engineer Litterer, and Community Development Director Rogness. Engineering Consultants Dave Simons, SEH, and Brett Weiss. WSB were present. School Board Member Bnice Endler led the group in the Pledge of Allegiance. There were no changes to the agenda. There were no Public Comments. Response to Public Comment Public Works Director Osmundson responded to the neighbor complaints of one month ago regarding a new residential development called Broback Park. Osmundson noted that the storm drain catch basin on Delft Avenue will be replaced by Friday this week to help eliminate the ponding water on Delft Avenue. Additional catch basins and a larger pipe to the pond would need to be done at a future time to totally fix the problem. The final grade of Broback Park is not complete at this point; individual homebuilders will be responsible for this. A swale was graded into the back lots in order to allow basements. The swale will direct runoff water away form the existing backyards. Sod was placed in the swale only for erosion control. Further landscaping may be done by the homebuilder. Additional grading will be done by the City's contractor to improve the swale on the south side of the outlot. The pond bottom will be graded so that it will drain towards the outlet on the west side of the pond. The trees on the east side of the outlot will be removed by city maintenance staff. Phillip Henaman, 14645 Delft Path, commented that the swale detracts from the neighborhood. Henaman noted that the new neighbors may not maintain the swale in such a way that will provide optimum drainage. Kevin Meyer, 14839 Delft Avenue, said that the elevation of the development appears to be higher than the existing neighbors. Meyer felt drainage will be a problem. City Administrator Burt noted the city cannot tell a developer how to design his site, but regulations are provided for protection to any change of natural drainage. Mayor Busho requested that infill developments be discussed at a Committee of the Whole meeting. Cities Week Proclamation ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 6, 1998 Mayor Busho described the activities planned for Minnesota Cities Week and made a proclamation for October 5 October 11, 1998 as Rosemount's Cities Week. MOTION by Mayor Busho proclaiming the week of October 5 11, 1998, as "Cities Week" with the theme, "Celebrating Caring Communities." Second by Carroll. Ayes: Five. Nays: None. Motion carried. 1 1 Minnesota Manufacturers Week Mayor Busho proclaimed the week of October 12 16, 1998, as Minnesota Manufacturers Week. Local manufacturers will be honored at the Chamber luncheon this month. MOTION by Busho to proclaim the week of October 12 -16, 1998, as "Minnesota Manufacturers Week." Second by Anderson. Ayes: Five. Nays: None. Motion carried. Independent School District 196 Update Independent School District 196 was represented by School Board Member Bruce Endler, Jane Steward, Director of Education Services and Kathy Funston, School to Work Coordinator. The School District is seeking advisory members and preparing a co- operative agreement for the City. Growth in the school -to -work programs has been steadily making students better prepared for their first jobs. Mentoring is encouraged and the City has participated in the "Shadow Program." Consent Agenda MOTION by Wippermann to approve the Consent Agenda. Second by Carroll. Ayes: Five. Nays: None. Motion carried. a. Minutes of September 1, 1998 Regular City Council Meeting b. Minutes of September 22, 1998 Committee of the Whole Meeting Workshop c. Approval of Bills d. Budget Amendments e. Community Oriented Policing Overtime Grant Resolution f Payment #3, Chippendale Avenue Street Utility Improvements, City Project 290 g. Payment #1, Bloomfield Addition Street Utility Improvements, City Project 292 h. Payment #1, Stonebridge Third Addition Street Utility Improvements, City Project 295 i. 1999 Community Landfill Abatement Funding Application j. Receive Petition/Order Feasibility Report, McNamara Add.Phase 2 Improv., City Proj. 304 k. Community Center Natural Gas Services Contract with Peoples Natural Gas 1. Resolution Approving Settlement Authorizing Payment Starks Fields Public Hearings ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 6, 1998 Mayor Busho explained the process for Public Hearings for the audience. There being six Assessment Hearings, the recording secretary was asked if all six hearings had proper affidavits of Public Notice, Public Posting, and Publication. The recording secretary responded affirmatively and noted that the Affidavits were on file. Assessment Hearing 1 1 C 1 i 1 1 1 Public Works Director /City Engineer Osmundson reviewed the City Project 277 which included street and utility reconstruction on Cameo Avenue, 143rd Street, and 144th Street north of 145th City Project 277 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 6, 1998 Street, plus an overlay on Canada Avenue and 144th Street west of Canada Avenue. The total project cost was $841,265 being funded from Sanitary Sewer Operating Fund, Water Operating Fund, Street Operating Maintenance Fund, Stonn Water Core Fund, Storm Water Utility Fund, Water Operating Fund, Water Core Fund, the CIP, and assessments. Residential properties were assessed per the 1997 policy of $2,000 to $2250 per lot. The assessments are due over a ten year period with 6.7845% rate of interest. Osmundson thanked the residents for their patience throughout the project. The Public Hearing was opened. There was no public response. MOTION by Wippermann to close the Public Hearing Assessment Hearing 1997 Street Utility Reconstruction Improvements, City Project #277. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. MOTION by Anderson to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, 1997 STREET UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT #277. Second by Wippennann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Assessment Hearing n i 1 i 1•11•1 III 'ect284 Public Works Director /City Engineer Osmundson reviewed City Project 280, Geronime Pond Addition. The total project cost was $791,164. The majority of assessments were for the developer, Heritage Development Of Minnesota, Inc. Mayor Busho opened the Public Hearing. There was no public response. MOTION by Busho to close the Public Hearing Assessment Hearing Geronime Pond Street Utility Improvements, City Project 280. Second by Edwards. Ayes: Carroll, Edwards. Anderson, Wippermann, Busho. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, GERONIME POND ADDITION STREET UTILITY IMPROVEMENTS, CITY PROJECT 280. Second by Carroll. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Assessment Hearing Hawkinsload.B reet Utility Improvements City Projeet275 Public Works Director /City Engineer Osmundson reviewed City Project 275. The total project cost was $1,055,090. The majority of assessments were for Basic Builders, the developer of Hawkins Pond. Mayor Busho opened the Public Hearing. There was no public response. MOTION by Carroll to close the Public Hearing, Assessment Hearing Hawkins Pond Street Utility Improvements, City Project 275. Second by Wippermann. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, HAWKINS POND ADDITION STREET UTILITY IMPROVEMENTS, CITY PROJECT 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 6, 1998 275. Second by Anderson. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Assessment Hearing Shannon Pond Fast 2n Project 283 II I I u• I Public Works D /City Engineer Osmundson reviewed City Project 283. The total project cost was $312,061. The majority of assessments were to Hampton Development Corporation. Mayor Busho opened the Public Hearing. There were no public comments. MOTION by Busho to close the Public Hearing for Assessment Hearing, Shannon Pond East 2nd Addition Street Utility Improvements, City Project 283. Second by Carroll. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. MOTION by Busho to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, SHANNON POND EAST 2ND ADDITION STREET UTILITY IMPROVEMENTS (FORMERLY SHANNON POND EAST 1ST ADDITION), CITY PROJECT 283. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Assessment Hearing Biscayne Pointe Street Utility Improvements, City Project 2S5 Public Works Director /City Engineer Osmundson reviewed City Project 285. The total project cost was $480,485. The majority of the assessments are for Heritage Development of Minnesota, Inc. Mayor Busho opened the Public Hearing. There was no public response. MOTION by Busho to close the Public Hearing for Biscayne Pointe Street Utility Improvements, City Project 285. Second by Wippermann. Ayes: Edwards, Anderson, Wippemrann, Busho, Carroll. Nays: None. Motion carried. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, BISCAYNE POINTE ADDITION STREET UTILITY IMPROVEMENTS, CITY PROJECT 285. Second by Anderson. Ayes: Anderson, Wippemnarm, Busho, Carroll, Edwards. Nays: None. Motion carried. Amassment Hearing The Enclave Street Utility Improvements, City Project 289 „City Public Works Director /City Engineer Osmundson reviewed City Project 289. The total cost of the project was 5828,416. Pulte Homes of Minnesota Corporation were assessed for the 128 units at $6,472 per unit. Mayor Busho opened the Public Hearing. There was no public response. MOTION by Busho to close the Public Hearing for Assessment Hearing, The Enclave Street Utility Improvements, City Project 289. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. MOTION by Anderson to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, THE ENCLAVE ADDITION STREET UTILITY IMPROVEMENTS, CITY PROJECT 289. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 6, 1998 Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermarm. Nays: None. Motion carried. Shannon Pond SouthI C(Hampton Dev) Planned Unit Development Preliminary Plat Community Development Director Rogness reviewed the development request by James Allen for 47 single family lots in an area west of Shannon Parkway, north of 160th Street West, east of Danville Avenue and south of Crystal Path. Several minor variances were necessary. There is a remanent 120 foot wide strip along a cul -de -sac which can be quit claimed to the adjacent residents upon their approval. The developer will negotiate with these four residents. Council asked questions of Rogness and the developer. Richard Kullberg, 15735 Crystal Path, noted he was not notified about the Public Hearing on September 8, 1998, at the Planning Conunission. Kulberg's lot backs up to the 120 foot wide strip. He asked questions and considered the details of adding this strip of land to his lot. Kulberg requested that an effort be made to preserve the trees and wildlife around the pond area. Carol Rautio, 15732 Crystal Path, said that they would want the berm removed from their backyard in order to connect the strip of land to their lot. Allen agreed. Steve Bauerfeind, 15728 Crystal Path, also requested that the berm be removed and that drainage would continue to flow toward the cul -de -sac. Sue Kullberg, 15735 Crystal Path, disapproved of the loss of wildlife due to the development of the adjoining property. Kullberg requested some trees and sod in the area from the street to their new fence. Allen hesitated, saying two trees would be all right, but sod would be excessive. Council consensus was to have the developer continue to negotiate with the residents rather than have City Council mandate compromises between the two. MOTION by Edwards to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT AND RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR SHANNON POND SOUTH. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Wippernann, Busho. Nays: None. Motion carried. Arena Manager Position Assistant to the City Administrator Walsh presented the current unpaid leave of absence policy and the proposed amendments. Section 37 of the Personnel Policy would be amended to allow leaves of absences for medical and parental related reasons for up to one year. A survey of the metro -area cities showed that most other cities do allow for a medical leave. Employee Tom Murphy, Arena Manager, requested a ten month leave of absence. M. Michael Baxter, 14030 Cobbler Avenue, represented the Murphy family and friends. He noted that Murphy was a valuable employee who had a lot of positive interaction with residents that used the ice arena and Community Center. This amendment would allow the City to respond in a 1 1 1 Receive Bids /Award Contract Public Works Maintenance Facility Announcements ROSEIIIOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 6, 1998 humanitary way. Baxter noted that if this were to set a precedent, it would be a good precedent. Baxter thanked staff for the meeting held between them earlier and said that with rehabilitation Murphy can return to work which is in the best interest of the City. There were an estimated forty friends attending in support of Murphy. MOTION by Edwards to amend Section 37 of the Personnel Policy as presented. Second by Wippermann. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. MOTION by Edwards to approve a ten month medical leave of absence with restrictions as negotiated. Second by Anderson. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Public Works Director /City Engineer Osmundson presented the bids for the proposed Public Works building addition The low bid was $651,500 for the 10,560 sq. ft. proposed building addition which will replace an 8,000 sq.ft. area that the City now rents from the University of Minnesota. This would provide a central location for all maintenance egiuipment. The possiblity was explored with Dakota County for a joint facility, but cost and timetable were not to an advantage for the city at this tine. Mayor Busho indicated additional partnership programs should be considered with Dakota County and Busho noted that the Police Department is in need of additional space. Osmundson noted that the CIP budget has incurred funds for the purpose of an additional space for the Police Dept. MOTION by Carroll to receive the bids and award a contract to Northfield Construction Company in the amount of $665,500 for the construction of the Public Works Maintenance Facility Addition. Second by Anderson. Ayes: Wippennann, Carroll, Anderson. Nays: Busho. Edwards. Motion carried. Reccihe_ Bids /Award Contract, 1998 Str Overlay Improvements, City Project 301 Public Works Director Osmundson presented the low bid from McNamara Contracting, Inc. located in Apple Valley in the amount of $28,937.50 to repair 121st Street. MOTION by Edwards to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE 1998 STRUCTURAL OVERLAY IMPROVEMENTS (121ST STREET), CITY PROJECT 301 to McNamara Contracting, Inc. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Mayor Busho noted that the Fire Station Open House will be held October 20, 1998. Busho requested that the regular City Council meeting time be delayed to 8:00 p.m. in order to facilitate City C'ouncil's attendance at the Open House. 1 1 1 MOTION by Wippermann to change the start time of the October 20, 1998, City Council meeting to 8:00 p.m. Second by Busho. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Mayor Busho reminded Council of the Cities Week and Minnesota Manufacturers Week activities. Mayor Busho adjourned the regular meeting at 10:35 p.m. The City Council Agenda Packet is Clerk's File 1998 -29. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 6, 1998 Respectfully submitted, Linda Jentink, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORKSHOP MEETING OCTOBER 19, 1998 Pursuant to due call and notice thereof a special workshop meeting of the City Council and Planning Commission was held on Monday, October 19, 1998, at 6:30 p.m. in the Council Chambers. Mayor Busho called the meeting to order. Present at the meeting were Councilmembers Edwards and Wippermann, and Planning Conmiission members Droste, DeBettignies, Tentinger, Shoe Corrigan, and Weisensel. Also in attendance were City Administrator Burt, Finance Director May, Public Works Director Osmundson, Community Development Director Rogness, City Planner Rick Pearson, Police Chief Kalstabakken, and Parks Recreation Director Topitzhofer. The following items were discussed: Comprehensive Plan. Staff from the Metropolitan Council and Rosemount's Council representative were present to review growth forecasts for Rosemount and the Dakota County area. The city also provided its latest forecasts, which are lower than those shown by the Met Council for 2010 and 2020. The Met Council indicated their understanding of the constraints regarding Koch Refining property buffer area and the University of Minnesota research area. However, they did request that the city further evaluate the more rural area north of 135 St. to consider that as future MUSA. The Met Council staff also indicated that one of their primary concerns is that an area not be developed in a rural residential pattern so that it can be available in the future for urban development. In other words, they support the 1/40 density for agricultural land as a holding pattern for possible future urban development. The Met Council was asked what happens if the city provides a plan to them that is different than what their forecasts indicate. Their response was that unless the difference is substantial and knowing of the constraints in Rosemount, it may be a situation where there is a stated difference of opinion rather than a recommendation against Rosemount's Comprehensive Plan. Rogness concluded by reviewing a time line to complete the plan update process, which will require an extension beyond December 31, 1998. Commercial Enhancement Plan. Rogness reviewed a memo that identified all expected improvements for the commercial corridor areas, including estimated costs. Staff asked the council for some direction regarding the plan due to obvious cost constraints for implementation. One suggestion from staff was that a feasibility report be initiated for most of these improvements, especially with deteriorating conditions of sidewalks, curb gutter along Hwy. 3. However, it was noted that the status of Hwy. 3 being a minor vs. principal arterial was now being reviewed by Dakota County. This may result in improvements being completed along 145 St. and CR 42 and waiting along Hwy. 3. The City Council asked that staff proceed to complete a plan that shows the vision of the enhancements along the commercial corridors and continue to work on specific projects with funding availability from tax increments and CDBG funds. 1 1 Attached Housing Standards. Rogness i dicated that the council had tabled this item previously. The Planning Conmiission con ipleted its review, so it is hack for additional review and discussion by the council. However, due to only two council members being present at this point in the meeting, Mayor Busho requested that it be carried back again to a future worksession. CIP. Mayor Busho requested that this item be discussed at a future worksession due to only two council members being present. There being no further business, the meeting was adjourned at 9:35 p.m. The City Council packet is Clerk's File 1998- 3 0 Respectfully submitted, Dan Rogness Recording Secre 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 20, 1998, at 8:00 p.ni. 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. Councihnember Anderson was absent. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director /City Engineer Osmundson, Parks Recreation/ Conummmity Center Director Topitzhofer, and Police Chief Kalstabakken. Engineering Consultant Dave Simons from SEH Engineering was present. Community Action Council Director Mary Ajax led the group in the Pledge of Allegiance. There were no changes to the agenda. There were no Public Comments. Rosemou Ea Parks Recreation/Community Center Director Topitzhofer reviewed the progress of the Rosemount Family Resource Center building and programs. It is owned by the City of Rosemount and is located on park land with play equipment and other recreational amenities. The City will be responsible for capital improvements of the facility and grounds maintenance. Community Action Council (CAC) has agreed to enter into a lease to conduct programs on the premises and take responsibility with the ongoing operational expenses of the Center. CAC Director Mary Ajax gave a tour of the building today and noted that many agencies and residents care deeply for this program. Ajax introduced Doreen Ulrich, CAC Coordinator, Director of Neighborhood Services. Ulrich was enthusiastic about the potential for helping families in Rosemount. Mayor Busho welcomed CAC noting that the whole community looks fonvards to their involvement. Dakota County Water Resources Awareness Week Proclamation Public Works Director Osmundson noted that Charlotte Shover, Environmental Education Coordinator for Dakota County enthusiastically pushes for education of members of Dakota County, cities and schools. Rosemount has utilized various water related programs including Wetland Health Monitoring, Adopt -a- Wetland with Boy Scout Troop 295 at Wachter Lake, Storm Drain Stenciling, and the Toadilly Turtle Presentation at local elementary schools. October 29th Rosemount will be recognized for their contributions at the County Western Service Center at the Take -a -BOW (Body of Water) event. Mayor Busho proclaimed the Week of October 18 -24, 1998 Dakota County Water Resources Awareness Week. Consent Agenda 11 t I ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 20, 1998 Item 6.h. Termination of Vehicle Towing and Impounding Agreement was pulled for discussion following Consent action. MOTION by Edwards to approve the Consent Agenda removing Item 6.h. Termination of Vehicle Towing and Impounding Agreement. Second by Wippernrann. Ayes: Four. Nays: None. Motion carried. a. Minutes of October 6, 1998 Regular City Council Meeting b. Approval of Bills c. Receive Petition/Order Feasibility Report for Rosemount Commons, City Project 300 d. Payment #4, 145th Street West Street Utility Reconstruction, City Project 291 e. Payment #4, Chippendale Avenue Improvements, City Project 290 f. Payment #2, Geronime Pond 2nd Addition Street Utility Improvements, City Project 293 g. Agreement with the Minnesota State Fire Marshal's Division h. moved for discussion i. Family Resource Center Lease Agreement j. Cooperative Agreement with MNDOT for Snow Removal on Trunk Hwy 3 6 h Termination of Police_Tovr Contract Mayor Busho noted she had received a letter from the manager of Magnum Towing, Kevin Melon, who was concerned that the current contract was to be terminated. Police Chief Kalstabakken reported that questionable paper processing made the Department look closely at the contract. There is a 60 day written notice termination clause in the contract with Magnum that the Police Department is asking to be exercised. There are three towing companies in the area. It is more common now to have open agreements, not exclusive to one company. This should keep prices competitive and service at its best. Mr. Melon thought prices may rise without a contract and was anxious about losing the City's business. Council consensus was to support the Police Chief's recommendation, not indicating dissatisfaction but to provide flexibility. MOTION by Busho to terminate the Vehicle Towing and Impounding Agreement effective December 31, 1998. Second by Edwards. Ayes: Carroll, Edwards, Wippermann. Busho. Nays: None. Motion carried. Public Hearings Mayor Busho explained the process for Public Hearings for the audience. The recording secretary was asked if the two Public Hearings had proper affidavits of Public Notice, Public Posting, and Publication. The recording secretary responded affirmatively and noted that the Affidavits were on file. Assessment Hearing Assessme Improvements, City P�oject182 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 20, 1998 u 1. •so 11 Public Works Director /City Engineer Osmundson, presented the assessments and project review. This project consisted of improvements to Shannon Parkway and 151st Street West to serve the Walgreens, KinderCare, and Outlot E of the McNamara Addition. The total project cost was $457,203. Mayor Busho opened the Public Hearing for continents but there was no response. MOTION by Busho to close the Public Hearing for Assessments for McNamara Addition Street Utility Improvements, City Project 282. Second by Edwards. Ayes: Four. Nays: None. Motion carried. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 20,1998 MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, MCNAMARA ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 282. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carved. II 4 I n Public Works Director /City Engineer Osmundson, presented the assessments and project review. This project was the installation of a Trunk Sanitary Sewer from the Metropolitan Council Environmental Services interceptor through the CMC Heartland's, Bloomfield Addition, across the railroad tracks and into Biscayne Pointe Addition. The total project cost was $394,378. Mayor Busho opened the Public Hearing for comment. There were no comments from the audience. MOTION by Busho to close the Public Hearing for the Brockway Draw Trunk Sanitary Sewer Improvements, City Project 286. Second by Edwards. Ayes: Four. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, BROCKWAY DRAW TRUNK SANITARY SEWER IMPROVEMENTS, CITY PROJECT 286. Second by Edwards. Ayes: Busho, Carroll, Edwards, Wippemmann. Nays: None. Motion carried. Announcements Mayor Busho noted that the University of Minnesota, Rosemount Property, will be holding an Open House on October 28, 1998, at the Rosemount Community Center. November 3 is General Election Day so the City Council regular meeting will begin at 8:00 p.m. A special meeting will be called November 4th or 5th to canvass the election results. Public Works Director Osmundson noted that an important meeting of the Vermillion Water Shed will be held October 28th at the Farmington Extension Center. Mayor Busho adjoumed the regular meeting at 8:37 p.m. Swan M. W h, City Clerk The City Council Agenda Packet is Clerk's File 1998 -31. Respectfully submitted, ents,Cily Project 286 Linda Jentink, Recording Secretary Consent Agenda The Consent Agenda included the following items: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 3, 1998 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, November 3, 1998, at 8:00 p.m. in the Council Chambers at City Hall, 2875 145 Street West. The regular meeting time was changed from 7:30 p.m. to 8:00 p.m. due to elections. Mayor Busho called the meeting to order with Councihnembers Anderson, Wippermann, Carroll and Edwards present. Also present were City Attorney Charlie LeFevere, City Administrator Burt, Community Development Director Rogness, City Engineer /Public Works Director Osmundson, and Parks Recreation Director Topitzhofer. Steve Koppel led the group in the Pledge of Allegiance. The Consent Agenda was changed to add Bern 6.1. Hiring of Building Maintenance Worker. There were no public comments or response to public continent. Councilmember Wippermann noted that in the minutes of the October 20, 1998 meeting the motion adopting the Resolution concerning City Project 282 did not include a second to the motion or the vote tally. The amended minutes will be presented at the next meeting. MOTION by Edwards to approve the Consent Agenda as amended by adding Item 6.1. and amending the October 20, 1998 minutes. Second by Wippermann. Motion carried unanimously. a. Minutes of October 20, 1998 Regular City Council Meeting b. Minutes of October 19, 1998 Committee of the Whole Meeting c. Approval of Bills d. 1998C General Obligation Improvement Bond Issue Authorize Issuance and Setting Bond Sale e. Amend Administrative Fee Policy F -3 f. Accept Tort Liability Insurance Limits g. Payment #2. Bloomfield Addition Street Utility Improvements, City Project 292 h. Payment #2, Stonebridge Third Addition Street Utility Improvements, City Project 295 i. Payment #1, Wensmann 11 Addition Street Utility Improvements, City Project 298 j. Comprehensive Plan Extension Request k. 1999 Local Housing Incentive Account Program 1. Hiring of Building Maintenance Worker Public Hearing: Chippendale Right- of -Wav Vacation Mayor Busho opened the Public Hearing for the Chippendale Right -of -Way Vacation. The recording secretary confirmed the affidavit of mailed, posted and published notice is on file. Public Works Director Osmundson presented the request for vacation of the 33' right -of -way for the east half of Chippendale Avenue. This is a result of the realignment of Chippendale Avenue and development of Secure Mini Storage. A 50' easement on the east half of Chippendale Avenue and a 20' wide drainage and utility easement have been obtained from Secure Mini Storage. Mayor Busho opened the public hearing. There were no comments. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 3, 1998 MOTION by Busho to close the Public Hearing for Chippendale Right -of -Way Vacation. Second by Wippermann. Motion carried unanimously. MOTION by Wippermann to adopt A RESOLUTION CAUSING A RIGHT -OF -WAY VACATION ON CHIPPENDALE AVENUE. Second by Carroll. Ayes: Anderson, Wippermann, Busho, Carroll, and Edwards. Nays: 0. Motion carried. Wensmann 12 Addition Preliminary Plat and Planned Unit Development Community Development Director Rogness presented the proposed Preliminary Plat for Wensmann 12 Addition. Rogness reviewed the approved concept plan for Wensmann 11 12 Additions. The preliminary plat consists of 44 units with a density of 3.7 duiacre. Rogness noted the plans for parking, landscaping, and sidewalks. Status of the wetland area was the primary concern raised by neighboring residents. The Engineering Department concurs with the plan approved by the Utility Commission and Planning Commission, wherein areas are graded for open water and wetland restoration. In response to concerns previously raised by Kelly McGivern, Rogness noted the nearest townhome unit to Mr. McGivern's home is 125'. and the Developer and Engineering Department will work together on additional herring in that area. In response to council discussion, Terry Wensmann indicated the average price for the townhome units will be $180,000. Osmundson provided further detail on the wetland characteristics, explaining the entire wetland site will be graded, resulting in an outside shelf area with diversity of vegetation and an open water area. Osmundson further explained stormwater drainage in the area. Kelly McGivern 15173 Claret Avenue, repeated his concerns about the close proximity of the townhomes to his home, high decks on the townhomes, and the need for berming and additional landscaping. Mr. McGivern indicated his willingness to plant trees on the berm if located nearer to his property. Mr. McGivem also expressed concepts about traffic on Claret Ave. Osmundson addressed the effect berming may have on stormwater drainage. Mayor Busho encouraged the Developer, the Engineering Department, and Mr. McGivem to work together in designing an appropriate berm. 2 1 1 MOTION by Carroll to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT AND RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR WENSMANN TWELFTH ADDITION AND AUTHORIZE THE EXECUTION OF A PUD AGREEMENT. Second by Wippemtann. Ayes: Wippermann, Busho, Carroll, Edwards, and Anderson. Nays: 0. Motion carried. Mayor Busho indicated it was necessary to set a date and time for the continuation of the council meeting for the purpose of canvassing the votes of the city election. MOTION by Busho to continue this council meeting to November 4, 1998, at 8:00 a.m. for the purpose of canvassing the votes for this year's city election. Second by Anderson. Ayes: Busho, Carroll, Edwards, Anderson, and Wippennann. Nays: 0. Motion carried. Mayor Busho announced that members of the City Council would be attending a party following the meeting at Tops Pizza in Rosemount. Although there may be a quorum at this gathering, no meeting will be convened and no official business will take place. Mayor Busho noted the Middle School dedication on November 8 at 2:00 p.m. Mayor Busho adjourned the regular meeting at 8:40 p.m. Respectfully submitted. Su :n M. Wal• City Clerk Dianne G. Quinnell Recording Secretary The City Council Agenda Packet is Clerk's File 1998 -32. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 3, 1998 ROSEMOUNT CITY PROCEEDINGS RECESSED MEETING NOVEMBER 4, 1998 Pursuant to an announcement made at the regular council meeting held on November 3, 1998, the recessed meeting was called to order on Wednesday, November 4, 1998, at 8:00 a.m. in the Council Chambers at City Hall. Mayor Busho and Councilmembers Anderson, Edwards and Carroll were in attendance. City Clerk Walsh presented the results of the Municipal Election held on November 3, 1998. MOTION by Anderson to adopt A RESOLUTION DECLARING RESULTS OF THE ELECTION. Second by Carroll. Ayes: 4. Nays: 0. Motion carried. MOTION by Busho to adjourn. Second by Edwards. Ayes: 4. Nays: 0. The meeting was adjourned at 8:05 a.ni. The City Council Agenda Packet is Clerk's File 1997 -32. Respectfully submitted, Susad M. Wal City Clerk 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE NOVEMBER 16, 1998 Pursuant to due call and notice thereof a Committee of the Whole Meeting of the Rosemount City Council was held on Monday, November 16, 1998, at 6:30 p.m. Mayor Busho called the meeting to order with all members of Council present. The following staff members were also present: Administrator Burt, Assistant Walsh, Public Works Director Osmundson, Community Development Director Rogness, Finance Director May, Parks Recreation Director Topitzhofer, and Police Chief Kalstabakken. Final Draft of 1999 Budget: The final draft of the 1999 budget was presented to the Council. Administrator Burt noted that the proposed budget included several reductions, which resulted in a decrease of $141,900. It was noted that changes may be made after discussion is held on labor negotiations at the closed meeting scheduled for November 17, 1998. County Highway 42 Corridor Study: Public Works Director Osmundson provided an overview of the CH42 Corridor Study. Dakota County staff will present a formal presentation of this study at the December 1, 1998 regular council meeting. Considerable discussion was held on proposed changes in Rosemount. It was noted that the Council will he requested to adopt a resolution supporting the final study, but that the study will serve as a guide for future planning for roadways and land use improvements along the CH42 corridor. Ten -Year Capital Improvement Plan (CIP) Working Program: Council reviewed the final draft of the l0 -Year CIP. Administrator Burt and Finance Director May reviewed the process that was followed in completing this document. Staff answered several questions from the Council. This document will be considered at the November 17, 1998 regular council meeting. By unanimous consent the meeting was adjourned. Respectfully submittee The clerk's file number for this agenda packet is 1998 -33. M. Walsh, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 17, 1998 Pursuant to due can and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 17, 1998, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with all Councilmembers present. City staff members in attendance were Administrator Burt, Assistant Walsh, Community Development Director Rogness, Parks Recreation Director Topitzhofer, and City Attorney Charlie LeFevere. Boy Scout Troop 270 presented the flags and led the audience in the Pledge of Allegiance. Comprehensive Plan Update: Community Development Director Rogness provided an overview of the city's updated Comprehensive Plan. Following this meeting, the draft plan will be sent out to all adjacent jurisdictions for a 60 day review period. It will also be forwarded to the Metropolitan Council for an informal review. Rogness reviewed several of the maps included in the plan. He advised council of five changes o the plan recommended by the Planning Commission. These changes were reviewed in detail with the Council, and the Council agreed with three of the recommended changes but wanted the following two items to remain unchanged: (1) property previously occupied by Brockway Glass should remain designated as Business Park (BP) and (2) CMC Eastbridge site should remain designated as Urban Residential (UR). Discussion of this item was suspended in order to hold the scheduled public hearing. Public Hearing Interpretation of Proposed Use in the Community Commercial (C -2) District Church of Israel. Mayor Busho opened the public hearing. The City Clerk noted the required affidavits were on file. Community Development Director Rogness advised that Yvonne Schirk, on behalf of the Church of Israel, filed an appeal of a Planning Conuuission decision regarding the church members' request to lease space at 14514 South Robert Trail. The Planning Commission upheld a staff interpretation of the zoning ordinance which excluded churches and places of worship from the Community Commercial (C -2) district. Yvonne Shirk and a representative of the Church of Israel asked that the Council uphold their appeal. Ms. Shirk also advised that members of the church have no objection to the proposed conditional use process and waive any rights they may have for objecting to being located within close proximity to a business that held a liquor license. MOTION by Busho to close the public hearing. Second by Wippermann. Ayes: 5. Nays: 0. Council discussed the potential parking problems and the possible effect the church may have on nearby liquor license establishments since the City Code prohibits the issuance of liquor licenses to businesses that are located within 300 feet of a church. City Attomey LeFevere advised that allowing the church to locate at this address would not cause discontinuance of an established liquor business but could possible restrict future liquor license establishments within close proximity to the church, particularly if a liquor business would remain vacant for a period of time. Staff was directed to determine if the 300 feet restriction is a local provision or a state law. Members of the Council generally agreed that the appeal should be denied but that it might be appropriate for the Church of Israel to apply for a conditional use permit once the Zoning Ordinance is amended to include this type of process. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 17, 1998 MOTION by Edwards to uphold the Planning Commission decision regarding the Zoning Ordinance, which excludes churches and places of worship from the C -2, Community Commercial District. Second by Wippermann. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Discussion resumed on the Comprehensive Plan update. Councilmember Wippermann led the discussion and had several questions about the proposed plan. Council discussed each of the items and reached a consensus to change various items within the draft plan. After that, the Council agreed that the draft plan was ready to submit to appropriate persons and organizations for the official 50- day review. MOTION by Edwards to direct staff to distribute Roseniount's Draft Comprehensive Plan, with the changes agreed to by Council, for a 60 -day review as required by State Statute. Second by Carroll. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Consent Agenda included the following items: a. Minutes of November 3, 1998 Regular City Council Meeting b. Minutes of November 4, 1998 Recessed City Council Meeting c. Minutes of October 20, 1998 Regular City Council Meeting Corrected d. Approval of Bills Listing e. 1998 Minnesota Safe Sober Challenge f. Approval of Solid Waste Haulers License for 1998 g. Vermillion River Watershed Management Organization Commissioner Appointment h. 10 -Year Capitol Improvement Plan (CIP) Working Program MOTION by Busho to approve the consent agenda. Second by Edwards. Ayes: 5. Nays: 0. Motion carried. MOTION by Busho to adjoum to a closed meeting for the purpose of discussion labor negotiations. Second by Anderson. Ayes: 5. Nays: 0. Motion carried. MOTION by Busho to adjourn the meeting. Second by Wippermann. Ayes: 5. Nays: 0. Motion carried. Respectfully submitted, yG o Su si;rt M. Wh, City Clerk The clerk's file number for this agenda packet is 1998 -34. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 1, 1998 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 1, 1998, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Anderson, Wippermann, and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, City Engineer /Public Works Director Osmundson, Parks Recreation/ Community Center Director Topitzhofer, Finance Director May and Community Development Director Rogness. Financial Consultant Dan O'Neill and Planning Commisioner Mark DeBettignies were present. John Peterson, Boy Scout leader, led the group in the Pledge of Allegiance. The agenda was modified with the removal of Item 6.k. Receive Feasibility Report/Approve Project /Order Plans Specs Bloomfield 2nd Addition, City Project 299 at the request of CMC Heartland, Inc. Also, Item 6.b. Minutes of November 17, 1998 Regular City Council Meeting was amended with a correction. An addition was made to the agenda at New Business, Item 8.b. Water Resource Engineer Position. There were no public comments or responses to public comments. Department Heads Reports/Rosiness CR42 Corridor Public Works Director /City Engineer Osmundson introduced Dakota County Highway Department staff: Don Theisen, Holly Anderson, Lezlie Vermillion, and Howard Preston of BRW Engineering. Ms. Vermillion gave an overview noting that the corridor study for County Road 42 began in June of 1997. It covers thirty miles through Scott and Dakota counties. There was immediate concern for commercial preservation versus mobility. Access or non- access is also an issue. There were three public open houses held, and 24,000 letters sent which gave opportunity for input on the study. Mr. Preston noted the ways that improvements to traffic flows could be managed in Rosemount as well as in western cities. Preston noted 3/4 access intersections are preferred, restricting access, improving minor arterial and collector streets, coordinating street lights, and changing grade for the railroad at Highway 3 and County Road 42. Ms. Vermillion noted that this plan is a blueprint of goals and visions which they would hope the City of Rosemount would adopt with comments by mid January. Costs to implement and funding have not been addressed at this point. Reconmmendations have been sorted into immediate 1 to 2 years), short term (3 -5 years), and long term (to year 2020). Several questions were asked by the audience for clarification. Consent Agenda MOTION by Edwards to approve the Consent Agenda with corrections to the minutes of November 17, 1998 and removing Itenm 6.k. Receive Feasibility Report. Approve project/Order Plans Specs for Bloomfield 2nd Addition, City Project 299. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippernann. Nays: None. Motion carried. a. Minutes of November 16, 1998 Committee of the Whole Meeting b. Minutes of November 7, 1998 Regular City Council Meeting Correction submitted c. Approval of Bills Listing d. Payment #3 Change Order #1, Geronime Pond 2nd Addition St. Utility Improvements, CP. 293 e. Payment #2 Change Order #1, Wensmann llth Addition Street Utility Improvements, C. P. 298 f. Payment #5 Change Order #2, Chippendale Ave. Street Utility Improvements, City Pro. 290 g. Payment #3, Bloomfield Add. Street utility Improvements, City Project 296 h. Payment #2, Broback Park Street utility Improvements, City Project 279 i. Payment #1, Fleet Development Sanitary Sewer Improvements, City Project 296 j. Receive Petition /Order Feasibility Report, Wensmann 12th Addition, City Project 287 k. Receive Feasibility Report /Approve Project /Order Plans Specs Bloomfield 2nd Addition, City Project 299 (Pulled) 1. Receive Petition/Order Feasibility Report, Shannon Pond South, City Project 288 m. Donation Account Expenditure Share the Spirit n. Liquor License Renewals for 1999 (7) o. Shannon Pond South Rezoning (ORD. B) p. Law Enforcement Defibrillator Grant Accept Bids and Award Sale G.O Improvement Bonds, Services 1998C Finance Director May reported on the bid opening today resulting in the low bidder of Miller, Johnson, Kuehn, Inc. at an interest rate of 3.9059 The city maintains its strong A2 rating which, for our size city, is as high a rating as we can expect. A2 is considered a high rating which is why we continue to get good interest rates. MOTION by Wippermann to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $880,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998C AND PROVIDING FOR THEIR ISSUANCE. Second by Anderson. Ayes: Carroll, Edwards, Anderson, Wippemrann, Busho. Nays: None. Motion carried. Discussion on Proposed Fees for 1999 City Administrator Burt reviewed the fee changes for 1999. It is estimated that $1.2 million of the $4 million of revenues are generated from fees. Discussion was held and clarifications made. Council requested comparisons with surrounding cities in relationship to proposed building permit fee increases of 22 percent. This will be addressed at the next city council meeting. Water Resource Engjneer Position Public Works Director /City Engineer Osmundson reported that the position of the Water Resource Coordinator has evolved to an engineer position with more responsibility. Although Council did not 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 1, 1998 want to set a precedent for negotiating labor issues, the consensus was to accept the recommendation. MOTION by Anderson to establish the position of Water Resource Engineer and fill that position. Second by Carroll. Councilmember Edwards made a friendly amendment with an addition of, "and promote Tim Brown to that position with a base salary of $44,000." Anderson and Carroll accepted that amendment to the motion. MOTION by Anderson to establish the position of Water Resource Engineer and promote Tim Brown to that position with a base salary of $44,000. Second by Carroll. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Anaonnrements Mayor Busho noted that the December 14, 1998 Committee of the Whole is canceled. The Truth in Taxation Public Hearing will be on December 7 at 6:30 p.m. in the Chamber. Mayor Busho adjourned the regular meeting at 10:30 p.m. M. Wa City Clerk The City Council Agenda Packet is Clerk's File 1998 -35. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 1, 1998 Respectfully submitted, ),;(4> Linda Jentink, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 7, 1998 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Monday, December 7, 1998, at 6:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. The purpose of the meeting was to review the 1999 City Budget in a Truth in Taxation Public Hearing. Mayor Busho called the meeting to order with Councilmembers Edwards, Anderson, and Wippermann present. Councilmember Carroll was absent. Also present were City Administrator Burt, City Engineer /Public Works Director Osmundson, Parks Recreation/ Community Center Director Topitzhofer, Finance Director May, Police Chief Kalstabakken and Community Development Director Rogness. Mayor Busho welcomed everyone and noted the informational brochure for residents explaining costs for services for a home valued at $134,000. City Administrator Burt provided an overview of the 1999 operating budget. The majority of residents probably saw a decrease in the total amount of taxes for 1999 unless the value of their home increased more than 7 City taxes for a home valued at $134,000 are $2.00 per day, $60.92 per month, and $731.00 per year. Council consensus was not to reconvene this meeting for the tentative date of December 14, 1998. Mayor Busho opened the Public Hearing for comment. There being none, a motion was called for to close the public hearing MOTION by Busho to close the Public Hearing for Truth in Taxation for the 1999 City Budget. Second by Wippermann. Ayes: Anderson, Wippermann, Busho, Edwards. Motion carried. Mayor Busho adjourned the special meeting at 6:38 p.m. Respectfully submitted, Susafi M. Wats City Clerk The City Council Agenda Packet is Clerk's File 1998 -36. Linda Jentink, Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE DECEMBER 15, 1998 Pursuant to due call and notice thereof a special Committee of the Whole Meeting of the City Council was duly held on Tuesday, December 15, 1998, in the Council Chambers at City Hall, 2875 145th Street West. Mayor Cathy Busho called the meeting to order at 6:38 p.m. with Councilmembers Anderson, Carroll and Edwards present. Also in attendance were Councilmember- elect Cisewski; Parks and Recreation committee members Eliason, Sampo; Planning Commissioners Drostie, DeBettignies, Shoe Corrigan, Tentinger and Weisensel; City Administrator Burt, Public Works Director /City Engineer Osmundson, Community Development Director Rogness, Parks and Recreation Director Topitzhofer and City Planner Pearson. Sheila Klassen of the Rosemount Partnership Program made a presentation concerning a new movement called Minnesota Alliance With Youth. The objective is to increase awareness of the importance of youth to the Rosemount Community and to honor those initiatives that are already in place. Dan Rogness introduced Homer Tompkins of Contractor Property Developers Co. (CPDC), the prospective developer of the Kelley Trust property. Mr. Tompkins introduced Hampton O'Neill representing the Kelley Trust; Gerald Duffy, Attorney; Shelly Tompkins, Vice President of CPDC; and Tim Erkkila, Principal Planner. Mr. Erkkila made a presentation of a concept for development of the overall property that included a variety of housing types, green space for separation of housing types and trails. The green space amounted to 27% o of the property. The concept also included senior housing and a community center club house for recreational, social and limited commercial uses supporting the development. Mr. Tompkins discussed housing types and values. including a desire to de- emphasize garages and reintroduce front porches to foster a sense of neighborhood. Because of the regular City council meeting, the discussion was limited. The next step in the process is a tour of other CPDC developments, tentatively scheduled for Saturday, January 9, 1999. The Committee of the Whole meeting was adjourned at 7:25 p.m. Respectfully submitted Rick Pearson City Planner Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. December 15, 1998, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Anderson, and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, City Engineer/Public Works Director Osmundson, Parks Recreation/ Community Center Director Topitzhofer, Community Development Director Rogness, and City Planner Pearson. Councilmember Joan Anderson led the group in the Pledge of Allegiance. The agenda was modified by adding three items: Minnesota Alliance for Youth Pledge, Budget Amendments. and Cooperative Agreement Request. Item 6.h. 1999 License to Sell Cigarettes at Retail Renewals requested two additional applicants, The American Legion Club and AMOCO Gas Station. Item 7.c. Public Works Garage Addition Financing showed the rate of percent per annum at 5.5% which should be corrected to 5.0%. These changes and additions were duly noted. There were no public comments or responses to public comments. Response to Draft Dakota Count- Comprehensive Plan ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1998 Community Development Director Rogness reviewed the process Dakota County is using for public response to their Comprehensive Plan Update 2020. Rogness noted six points in a letter to Ms. Moratzka at Dakota County. The final review will take place in February. MOTION by Busho to direct staff to send a letter to Dakota County with comments on its Draft Dakota County Comprehensive Plan Dakota County 2020. Second by Edwards. Ayes: 4. Nays: 0. Motion carried. Consent Agenda The Consent Agenda was amended by pulling Item 6.g. Resolution Supporting Joint Cable Franchise Negotiations for discussion immediately following the notion for Consent Agenda. Discussion on Item 6.h. 1999 License to Sell Cigarettes At Retail Renewals noted the motion be amended by removing "pending" and replace it with "in accordance with." MOTION by Edwards to approve the Consent Agenda with the addition of Item 6.m. Budget Amendments and pulling Item 6.g. Resolution Supporting John Cable Franchise Negotiations for discussion. Second by Anderson. Ayes: Anderson, Busho, Carroll, Edwards. Nays: None. Motion carried. a. Minutes of December 1, 1998 Regular City Council Meeting b. Minutes of December 7, 1998 Special City Council Meeting c. Approval of Bills Listing d. Donation Account Expenditure Police e. Donation Account Expenditure D. A.R.E. f. Approval of 1999 Budget: Setting 1999 Levies and Budgets g. Resolution Supporting Joint Cable Franchise Negotiations(Pulled) 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1998 h. 1999 License to Sell Cigarettes At Retail Renewals(Add two) i. 1999 CDBG Entitlement Program j. Tree City USA Recertification k. Payment #5, 145 Street West, Street Utility Improvements, City Project 291 1. Fleet Development Assessment Agreement m. Budget Amendments Item 6.g. Resolution Supporting Joint Cable Franchise Negotiations Councilmember Edwards noted that he felt that communication now and with future Councils could be restricted by this type of resolution. The State Statutes restrict gifts over $5 for any elected official and memorandum from the Administrator or City Attorney could remind Council of proper conduct during negotiations. Edwards suggested a letter would be more appropriate to Marcus Cable. MOTION by Edwards to direct staff to send a letter to Marcus stating that the main contact for franchise negotiations is Attorney Thomas Creighton and that all correspondence should be directed Mr. Creighton. Second by Anderson. Discussion was held. Councilmember Carroll presented a friendly amendment to the motion indicating it would be O.K. for Councilmembers to receive correspondence. Edwards and Anderson accepted the friendly amendment. MOTION by Edwards to direct staff to send a letter to Marcus Cable stating that the main contact for franchise negotiations is Attorney Thomas Creighton; have all correspondence directed to Mr. Creighton; and that direct correspondence to Councilmembers is acceptable. Second by Anderson. Ayes: Busho, Carroll, Edwards, Anderson. Nays: None. Motion Carried. 1999 Fee_Resolutio&AnnuatReview and Iodate City Administrator Burt presented the 1999 Fee Resolution for the second review. The major change was adopting the 1997 Uniform Building Code Table 1 -A. Staff is recommending that the Plan Check Fee remain the same in 1999. MOTION by Busho to adopt the 1999 Fee Resolution A RESOLUTION ESTABLISHING RATES AND FEES FOR 1999. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Busho. Nays: None. Motion carried. Receive Feasibility Report /Approve Project /Order Plans Spec's Bloomfeldsnd_Addition Street Utility Improvements, City Project 299 Public Works Director /City Engineer Osmundson reviewed the petition for public improvements from CMC Heartland Partners for their second addition of Bloomfield. This will allow a second access into the development which is preferred for emergency vehicles. All costs will eventually 1 1 Public Works Garage Addition Financing ROSEMIOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1998 be absorbed by the developer. Mayor Busho noted with concern the cost of the improvements and length of time before the homes are sold to recoup development costs. The developer noted that model homes will be in the 1999 Parade of Homes with total build -out expected in two and one half years. City Attorney LeFevere noted that options are available to Council to levy the special assessments before the project is built if desired. Council will have further opportunities to examine how they will proceed. MOTION by Carroll to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT, APPROVING THE PROJECT AND ORDERING PLANS AND SPECIFICATIONS FOR THE BLOOMFIELD 2ND ADDITION STREET UTILITY IMPROVEMENTS, CITY PROJECT 299. Second by Edwards. Ayes: Edwards, Anderson, Busho, Carroll. Nays: None. Motion carried. Public Works Director Osmundson showed how financing from within the City's own funds was available. This funding was reviewed by our bonding counsel, Briggs Morgan, who noted it would save the City issuance costs of $10,000 to 515,000. It is recommended to borrow the money from the Sanitary Sewer Core Fund in the amount of $548,337.30 with repayment of principal and interest at the rate of 5.0 Council consensus was that caution must be used, being sure that the Sanitary Sewer Core Fund was fully covered for future needs. Mayor Busho noted that the Utility Commission did review this matter and was comfortable with the loan. A work session was requested and staff removed the request for a motion at this time. Agricultural Lot Division Edna Ohmann, 4947 160th Street Fast City Planner Pearson reviewed the request of the agricultural lot division to subdivide the eighty acre farm of Edna Olunann. The buildings would be located on a 5 acre lot and the balance is 75 acres. The lot division meets all of the requirements for agricultural divisions. The Platming Commission conducted a public hearing on November 24, 1998 recommending approval of the lot split. MOTION by Edwards to adopt A RESOLUTION APPROVING THE AGRICULTURAL LOT SPLIT FOR ENDA OHMANN. Second by Carroll. Ayes: Anderson, Busho, Carroll. Edwards. Nays: None. Motion carried. Lance Johnson Mineral Extraction Permit_Renewallor1999 City Planner Pearson reviewed the mineral extraction operations located on the west side of County Road 71, one mile north of County Road 38 Last year's permit required a posted bond for $40,000 in the event the property was not restored properly. The pit has a new operator, Shafer Contracting Co. whose representative, Scott Spisak, gave assurances that the pit would be ROSEMIOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1998 operated to the satisfaction of all neighbors and City Council. Abutting properties have been recently fenced so no encroachments are probable. Much discussion was given to a concrete rubble pile on the property. Crushed concrete is used to mix with gravel and is considered valuable. This concrete pile is owned by the previous operator who plans to remove it soon. Council requested a work session to better understand the normal operations of a mineral extraction business. Councilmemher Edwards moved to hold this item over to the next meeting or work session for City Planner Pearson to bring back changes as discussed for review at that time. No second was made. Lance Johnson, owner of the land used for mineral extraction, felt confident that Shafer Contracting Co. would satisfy any conditions that City Council required. Mayor Busho pulled the Lance Johnson Mineral Extraction Permit from the agenda tonight for further discussion at a work session. Mayor Humphrey of Apple Valley gave testimony to the professional operations that Shafer Contracting Co. had performed in the City of Apple Valley. Shafer had replaced the runways at the Minneapolis /St. Paul Airport which required 24 hour operation for three weeks to their Apple Valley plant with very little disturbance to local traffic and residents. MOTION by Edwards to direct staff to notify the applicant that an extention of the "60 Day Review" of the Lance Johnson Mineral Extraction Permit for 1999 is requested. Second by Anderson. Ayes: Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Minnesota Alliance with Youth Pledge Mayor Busho noted the presentation made by Sheila Klassen from the Rosemount Partnership Program, at the Special Committee of the Whole. Klassen extended an invitation to the City of Rosemount to become a"Community of Promise." This is a movement to increase awareness of the importance of youth to a community and to honor those initiatives or programs that are already in place. An inventory of all youth outreach programs available in Rosemount will be taken and made available to Rosemount's youth. Consensus was to participate. MOTION by Edwards to participate in the Minnesota Alliance with Youth by signing The Community of Promise Pledge. Second by Busho. Ayes: 4. Nays: 0. Motion carried. Cooperative Agreement Request Public Works Director /City Engineer Osmundson noted that Fleet Development has constructed a trucking operation east of Highway 52 and south of 140th Street. In an effort to improve the traffic of trucks accessing Hwy 52, MNDOT and Dakota County discussed constructing a frontage road, Conley Avenue, which would allow truck traffic to use CR 42 and then the existing interchange with Hwy 52. MNDOT has offered to allow this application for cost sharing if it can be applied for this week since the regular application deadline is past. Staff recommends application. 4 1 MOTION by Edwards to adopt A RESOLUTION REQUESTING A COOPERATIVE AGREEMENT PROJECT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ON US HWY 52 /STATE TH 56 FRONTAGE ROAD (CONLEY AVENUE) BETWEEN CSAH 42 AND 140TH STREET EAST. Second by Anderson. Ayes: Edwards, Anderson, Busho, Carroll. Nays: None. Motion carried. Presentation ofPlaque to Councilmember Anderson Mayor Busho presented Councilmember Joan M. Anderson with a plaque showing appreciation for her commitment to the community. Councilmember Carroll noted his thanks for Anderson's work on the Port Authority Commission as well. Anderson noted her last five years have been great and thanked Council and staff for the plaque. Announcements Mayor Busho noted the Holiday Concert at the Community Center on December 17th at 7 p.m. which is free. Mayor Busho adjourned the regular meeting at 9:35 p.m. Susa City Clerk The City Council Agenda Packet is Clerk's File 1998 -38. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1998 Respectfully submitted, Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1999 Administration of oath and installation of Mayor Busho by Councilmember Wippermann and the administration of oath and installation of Councilmember Edwards by Mayor Busho were perfornied. Newly elected Councilmember Cisewski was absent due to travel delays so her installation will be done prior to the next City Council meeting. Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. January 5. 1999, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Wippermann and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, Assistant to Administrator Walsh, City Eniineer /Public Works Director Osmundson, Parks Recreation Director Topitzhofer, and Community Development Director Rogness. A flag ceremony and Pledge of Allegiance was performed by Boy Scout Troop 259. The troop leader is Doug Manley who noted that the boys are working on their merit badge for citizenship. The Mayor thanked them for their participation. The agenda was not changed. There were no public comments or responses to public comments. Rosemount iunior Chamber of Commerce WeekProrlamation Mayor Busho proclaimed the week of January 17 to 23, 1999 as "Rosemount Junior Chamber of Commerce Week" sponsored by the JAYCEES. Jaycees President Keith Wunder -Joyce was present. Mayor Busho noted that a special invitation by the Jaycees was made to City Council for Saturday, January 23, 9:00 a.m. to 10:00 a.m. for an informal meeting, "Coffee With Council." Community of Promise Certificate Minnesota Alliance with Youth Sheila Klassen reviewed the Community of Promise program which celebrates the involvement with youth in the community. An inventory of all the youth outreach programs in the City of Rosemount will be made. Klassen noted that a community quilt has been started and encouraged anyone to participate with the donation of a decorated quilt square. Donna Gillen from the Minnesota Alliance with Youth, a state program, presented the Mayor with a Certificate of Promise signed by the newly installed Lt. Governor, Mae Schunk, who is co -chair of the program. Mayor Busho accepted the Certificate and thanked Gillen. Consent Agenda The Consent Agenda was approved as presented. MOTION by Edwards to approve the Consent Agenda. Second by Carroll. Ayes: Four. Nays: None. Motion carried. a. Minutes of December 15, 1998 Regular City Council Meeting b. Minutes of December 15, 1998 Special Committee of the Whole Meeting c. Approval of Bills Listing d. Cigarette License Renewal for 1999 1 1 ROSENIOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1999 e. Appointment of Weed Inspector f. Designation of Official Newspaper g. Naming Depositories and Financial Institutions h. Hiring for Mechanic Approve Joint Powers Agreement for 1999 Traffic Markings, Cracksealing Sealcoating j. Receive Petition /Order Feasibility Report for Conley Avenue Street Utility Improvement, City Project 303 k. Payment #4, Bloomfield Addition Street Utility Improvements, City Project 292 1. Payment #3, Stonebridge 3rd Addition Street Utility Improvements, City Project 295 Tavern on 42 Rezoning, Former Tom Thumb, 15440 Canada Avenue Community Development Director Rogness introduced the request for zoning changes to allow a restaurant at 15040 Canada Avenue. It is a .8 acre lot which is zoned C -1, Convenience Commercial, and for which a C -4 zoning, General Commercial, to allow a restaurant is requested by John A. Ursino. The Planning Commission recommended the rezoning after a public hearing at their December 22, 1998, meeting. Many questions followed about the limited parking (1 stall per 3 seats) and building size; separation of restaurant and lounge; results of market studies; and noted that the fuel tanks from the Tom Thumb have been removed. Ursino described a Victorian family restaurant with seating for 100 in the main dining area, a private meeting room for 20. and a lounge for about 30 with televisions. There would he a half wall separation between the lounge and an open grill and kitchen. The interior wood would be light in color in the dining area. Detailed plans are still under development. Council asked to continue this item until after the Public Hearing which is related. Application for On Sale Intoxicating Liquor and Sunday 1.iquor Licenses by Tavern On 42 Mayor Busho opened the Public Hearing for the Application for On Sale httoxicating Liquor and Sunday Liquor Licenses by Tavern On 42. Tthe recording secretary noted that the required Affidavits of Posted and Published Notices were on file. Mayor Busho then reviewed the Public Hearing process for the audience. Assistant to the City Administrator Walsh presented information about the liquor applicants, who are John and Susan Ursino, Donald Fluegel, and Robert Yanz. The applicants described their experience and background in the restaurant business. Walsh noted that all background checks were clean, fees paid, and insurance would be submitted prior to issuance of a license. The license period would be from March 1, 1999 to December 31, 1999. Ursino provided additional information. The limited menu would include fish, steak, chicken and daily lunch and dinner specials. The division between the lounge and restaurant would be a five foot high wall with glass above it. There would be tables and booths, separated smoking and non- smoking areas. Pull tabs would be allowed. Council discussed the options of a beer /wine license rather than the intoxicating liquor license. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1999 Mr. Fleugel informated City Council a liquor license was needed to make the business successful. Walsh noted there are six liquor license allowed in Rosemount with only three now being used. Mayor Busho opened the meeting for public continent. E.B. McMenomy, 4122 143rd Street West, was in support of the liquor license for Tavern On 42. McMenomy noted that the liquor license is renewed yearly, so that if desired, Council at a later date could revoke it. City Attorney LeFevere noted that revoking of a license would have to be for just cause, and may not be accomplished that easily. It is a reasonable expectation that renewal will occur. Sheila Klassen, 12430 Canada Ct., was not comfortable with a full service bar and restaurant, but would be with 3/2 beer and wine and more separation between the lounge and restaurant. Two boy scouts, Joe Casey, 15455 Danville Ave., and Vance Haugeman, 14864 Crestview Ave., from Troop 259 asked of the owners of Tavern On 42 if they would have video games to play while their parents finish eating. Ursino said that hand held videos or table top videos may be available. MOTION by Busho to close the Public Hearing. Second by Edwards. Ayes: Four. Nays: None. Motion carried. Wippermann noted that he fully supported this liquor license application and looked forward to a family restaurant in Rosemount. Wippennann noted that the current population has kept chain restaurants from locating in Rosemount and this may be a great opportunity for families and senior citizens to have a fun meal without a smokey, noisy atmosphere. Carroll also supported the liquor application, looking forward to an alternative family dining experience. Busho had concerns for a full service bar mixing with family dining. Busho would not support the application without further information. Edwards also had concerns and would prefer the restaurant be established first, and then consider a full service bar. Consensus was to table the liquor license and rezoning. MOTION by Edwards to table Items 7. Application for On -Sale Intoxicating Liquor and Sunday Liquor Licenses by Tavern On 42 and 9.d. Tavern On 42 Rezoning, Fonner Toni Thumb, 15040 Canada Avenue to the next meeting to have plans reviewed and questions answered. Second by Busho. Ayes: Busho, Edwards. Nays: Carroll. Present: Wippermatm. Motion carried. Comprehensive Guide Plan_Ameadment Daknta_County IRA Rezoning far_ Dakota County HRA ResidentiaLflanned IJnit Development Concept Daknta_CountyJIRA Community Development Director Rogness noted these three items are inter related and would be presented together. This is a joint venture by Dakota County HRA and E.B. McMenomy. The property would have two separate developments with the HRA developing and managing the southern side including 60 rental townhontes; the northern side includes owner occupied twinhomes. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1999 The location of the site is north of the National Guard Maintenance Facility on Biscayne Avenue and east of the railroad tracks next to Rosemount Woods Manufactured Homes. Kari Gill from Dakota County HRA presented a partnership concept for housing designed to help low to moderate income families to transition to single family homes. The rent is expected to be $460 to $490 per month for a family income of $21,000. The average family size is 2.5 people. The HRA has similar housing in Lakeville, Apple Valley, Hastings, Eagan, Burnsville, and Inver Grove Heights. The HRA has a fifteen year contract for management. Council questioned Gill about basements (none), double garages(only single), play equipment (yes, for use by both developments). Council would like to have lower housing unit density. Many Rosemount residents have commented to Council that there are too many townhome developments and affordable housing projects. E.B. McMenomy described his portion of the development. There would be 33 twinhomes and 3- plexes in the price range of $125,000 to $160,000 per unit with double garages. This is marketed primarily to empty nesters. The railroad has proved not to be a sales problem with other newer developments in Rosemount. Rogness noted that the comparison of single family to multiple housing throughout Rosemount is 63% Single Family to 37% multi- family front 2000 to 2010 and a proposed 93% single family to 7% multi- family from 2010 to 2020. Council discussed process and procedures considering extension of the 60 day period, which ends February 1, 1999. MOTION by Busho to table items 9.a. Comprehensive Guide Plan Amendment Dakota County HRA, 9.b. Rezoning for Dakota County HRA, and 9.c. Residential Planned Unit Development Concept Dakota County HRA to the next meeting. Second by Edwards. Ayes: Carroll, Edwards, Wipperrnann, Busho. Nays: None. Motion carried. Meeting Dates for January and February Mayor Busho reviewed available dates and determined the best meeting dates for work sessions would be on Mondays, January 11, February 8, and March 8. Carroll objected to Mondays due to his job conmtitments and the January date was changed to Wednesday, January 13th. Future dates will be discussed at that meeting. Meeting time is 6:30 p.nt. to 9:00 p.m. Other important dates for Council are: January 23, 9:00 a.m., Coffee with Council; January 23, 10:30 a.m. tentative Commission Selection Interviews; January 30, 9:00 a.m. 1:00 p.m., Kelley Trust Home Tour; February 13, 10:00 a.m. to noon, Grand Opening Family Resource Center. Announcements Mayor Busho commended Finance Director Jeff May for another Certificate of Excellence for budget reporting. Up coming events include the Business Expo for Rosemount, January 31, 11:00 a.m.to 3:00 p.m., at the Community Center; and Teen Nite, January 8, at the Community Center. Mayor Busho is attending the meetings for distributing funds from the Mirmesota Pollution Control Agency regarding Koch Refining. 1 1 Mayor Busho adjourned the regular meeting at 10:25 p.m. Respectfully submitted, Susa M. Wals City Clerk The City Council Agenda Packet is Clerk's File 1999 -01. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1999 Linda Jentink, ecording Secretary ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JANUARY 13, 1999 Pursuant to due call and notice thereof a special Committee of the Whole work session of the Rosemount City Council was duly held on Wednesday, January 13, 1999, at 6:30 p.m. in the Council Chamber's at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Wippermann, Carroll, and Edwards; and Councilmember -elect Cisewski. Also present were City Administrator Burt, City Engineer/Public Works Director Osmundson, Community Development Director Rogness, Finance Director May, and City Planner Pearson. Public Works Building Financing Public Works Director Osmundson presented financing options for the Public Works Addition which is currently under construction. This had been pulled from the December 15, 1998 City Council agenda for further discussion. The financing package proposed would borrow money from the Sanitary Sewer Core Fund (Fund No. 606) to save $10,000 to $15,000 in bonding issuance costs. The Core Fund would be paid back at an interest rate of 5 Staff worked with Springsted, Inc., the City's Financial Advisors, and Briggs Morgan, the City's Bonding Counsel on this issue. There was considerable discussion on the purposed use of the Core Fund, how it was funded, and future costs to the Fund. Councilmember Edwards asked staff if the Building Addition could be stopped. Public Works Director Osmundson explained that the City has made payments of approximately $80,000 to date and would be responsible for all materials ordered and expected profits of the Contractor which could total approximately $500,000. More discussion ensued. It was decided that the project should move forward and the financing should be put on the next regular City Council agenda. Mineral Extraction Permit (Lance Johnson) City Planner Pearson presented a revised Extraction Permit Conditions of Operation for 1999 that limited the area allowed for recycling concrete materials. Direction was given to staff to add a time limit to the duration of crushing and related activities. Scott Spisak of Shafer Contracting Co. indicated that he would assist staff with additional information. Mayor Busho suggested that the permit renewal could be placed on the February 2, 1999, City Council agenda. Family Resource Center Advisory Committee Structure Parks and Recreation Director Topitzhofer discussed the establishment of an advisory committee for the Rosemount Family Resource Center. Topitzhofer suggested that an advisory committee was desired as a way to evaluate compliance with the State Youth Initiative Grant, who was obtained as a funding source for the Construction of the Center. City Council agreed with Topitzhofer's recommendation to utilize the existing Parks and Recreation Committee as an advisory group for the Family Resource Center, in lieu of establishing a new committee. Meeting Dates Council discussed that a change was needed for the regular work session, Committee of the Whole, 1 1 1 in order to get the best attendance from councilmembers. It was decided that the Wednesday following the first City Council meeting of each month would work best. Also, a special meeting was called for interviews of applicants for commission positions on January 23, 1999, at 10:30 am to 1:00 p.m. The City Council Agenda Packet is Clerk's File 1999 -2. ROSEMIOUNT CITY PROCEEDINGS COMMMITTEE OF THE WHOLE JANUARY 13, 1999 Respectfully submitted, Thomas D. Burt City Administrator Administration of oath and installation of Councilmember Cisewski by Mayor Busho. Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 19, 1999. 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 Cisewski, Edwards, Wippermann and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, Assistant to Administrator Walsh, Public Works Director /City Engineer Osmundson, Finance Director May, Parks Recreation Director Topitzhofer, and Community Development Director Rogness. The Pledge of Allegiance was led by Councilmember Cisewski. One item was added to the Consent Agenda, Item 6.m. Decertification TIF District No. 1 -1 (Knutson District). There were no public comments or responses to public comments. Update on Diamond Path Street andlltilitJImprovements, City Project 307 Public Works Director Osmundson presented an update on improvements to Diamond Path between CR42 and 160th Street. Planning has been shared with Dakota County, Apple Valley, and Rosemount. Right -of -way is on the Rosemount side of the Roseniount/Apple Valley border north of 155th Street and on the Apple Valley side of the boarder south of 155th Street. This project will provide a main collector street for northbound traffic from the areas west of Shannon Parkway and south of CSAH 42. It will also provide access from the new County Road 46 (160th Street) when that is constructed in the year 2000 -2001. There will not be a need for assessments; funding has been budgeted into the Capital Improvement Plan and there is cost sharing at 55% for Dakota County, and 22.5% for Apple Valley, and 22.5% for Rosemount. An open house will be held at the Dakota County Western Service Center in Apple Valley on February 24. Consent 4 •nda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1999 The Consent Agenda was approved with the addition of Item 6.m. Decertification TIF District No. 1 -1 (Knutson District). MOTION by Wippermann to approve the Consent Agenda with the addition of Item 6.m. Decertification TIF District No. 1 -1 (Knutson District). Second by Edwards. Ayes: Five. Nays: None. Motion carried. a. Minutes of January 5, 1999 Regular City Council Meeting b. Approval of Bills Listing c. Transfer /Loan Flexible Spending Account d. Public Works Building Addition Financing e. Receive Feasibility Report /Order Plans Spec's for Shannon Pond South Street Utility Improvements, City Project 288 f. Receive Feasibility Report/Order Plans Spec's for Rosemount Commons Addition Street Utility Improvements, City Project 300 g. 1999 Agricultural Preserves Certification 1 1 h. Set Meeting Dates 1. Pay Equity Report j Amendment to LELS Labor Agreement k Amendment to Teamster Labor Agreement 1 On -Sale Licenses On Public Premise Community Center m. Decertification TIF District No. 1 -1 (Knutson District) Tavern on 42 Rezoning, Former Tom_Thumh, 15040 Canada Avenue Community Development Director Rogness reviewed the tabled request for zoning changes to allow a restaurant at 15040 Canada Avenue. It is a .8 acre lot which is zoned C -1, Convenience Commercial, and for which a C -4 zoning, General Conmtercial, to allow a restaurant is requested by John A. Ursino and partners. The Planning, Commission recommended the rezoning after a public hearing at their December 22, 1998, meeting. Council asked the definition between C -4 zoning and C -3 zoning. C -3 was described as "more highway oriented" such as auto service, truck stop, lumberyard, or a business with outside storage. C -4 is commercial including taverns, restaurants, and service businesses. C -4 would conform to the same zoning as on the property next to 15040 Canada Avenue. MOTION by Wippermann to adopt an ordinance Amending Ordinance B City of Rosemount Zoning Ordinance rezoning the property at 15040 Canada Avenue to C -4, General Commercial. Second by Carroll. Ayes: Wippermann, Busho, Carroll. Edwards, Cisewski. Nays: None. Motion carried. Order Feasibility Report C1L46L160th Street Project, City Project 184 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1999 Public Works Director Osmundson noted that this project entails the construction of County Highway 46 on the 160th Street alignrnent from just west of Pilot Knob in Apple Valley all the way to the east side of Coates where it will connect with the existing CH48. Planning has included discussions and agreements with Dakota County, University of Minnesota, City of Apple Valley and the City of Rosemount. A public hearing will be required. An open house will be held on February 10th from 5:00 p.m. to 7:00 p.m. at the Dakota County Western Service Center in Apple Valley. Construction will take two years and begin in 2000. MOTION by Edwards to adopt A RESOLUTION ORDERING A FEASIBILITY REPORT FOR COUNTY HIGHWAY 46 /160TH STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 284. Second by Carroll. Ayes: Busho, Carroll, Edwards, Cisewski, Wippermann. Nays: None. Motion carried. PUBLIC HEARING: Alley- Waff__acation Mayor Busho opened the Public Hearing for an Alley -Way Vacation. The recording secretary noted that the required Affidavits of Posted and Published Notices were on file. Mayor Busho then reviewed the Public Hearing process for the audience. Public Works Director Osmundson noted that this alley way was utilized by the City prior to the construction of this former grocery store building west of the and north of Lower 147th Street. but no longer provides a public purpose. The block building on the site actually was built over a 10 foot portion of the old alley in 1977. This vacation will clean up the title for resale of the vacant business building. No public testimony was received. MOTION by Edwards to close the Public Hearing for An Alley -Way Vacation. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION CAUSING A PUBLIC ALLEY VACATION ON LOT 61, AUDITOR'S SUBDIVISION NO.1. Second by Carroll. Ayes: Edwards, Cisewski, Wippermann, Busho, Carroll. Nays: None. Motion carried. Tavern On 42 1,iquor License_Application Assistant to the City Administrator Walsh reviewed information about the liquor application which had been tabled from the January 5th City Council meeting. John Ursino presented a floor plan with dimensions and seating arrangements. Ursino said they were willing to change the name of the restaurant to "Ursinos." Ursino also presented several petitions with signatures of residents in favor of the new restaurant. The liquor license period would be from March 1, 1999 to December 31, 1999. Mayor Busho noted that other states require proof of food to liquor sales percentages and suggested that Rosemount should also. In Montana it is a 70/30 percentage split and Washington has a 60/40 percentage split. City Attorney LeFevere noted that this would not apply to this applicant if approval was given tonight because it would require an amendment to the existing liquor ordinance. Mayor Busho wanted assurances that this business would not be primarily a bar. Councilmembers Carroll and Wippermann were in favor of an additional choice for a local restaurant. Councilmembers Edwards and Cisewski had concerns about the liquor sales as did Mayor Busho. Mayor Busho opened the meeting for public comment. Dick Heinen, 3110 145 Street West, said he was a fifth generation Rosemount resident and he urged City Council to grant the requested liquor license. Ed McMenomy, 4122 143rd Street West, said given the plans and specifications this food based family run restaurant would be a welcome addition to Rosemount. McMenomy supported the approval of a liquor license. Steve Kopel, 13757 Danbury Path, said the concept is great, it would be good for residents. Kopel is a business owner near by and would like to see a family style restaurant rather than a vacant building. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETiNG JANUARY 19, 1999 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1999 Janet Oster, 14793 Dodd Boulevard, said she is related to Fluegels (part owner of the applicant) and knows that they are family oriented and that they would keep their promises as to promoting a "family" style restaurant. Glen Uitdenbogerd, 14625 Chippendale Avenue, said he was retired and felt this type of restaurant would be used by seniors extensively. Rosemount has many parks and ballfields for youths but the seniors would like some amenities also. Uitdenbogerd said, "If you want to keep people in Rosemount, give them more choices." John Kaye, 13768 Danbury Path, said he didn't know the owners, but he has lived here ten years and would like to see a family restaurant with liquor. Kaye thought it was unfair to suggest to change the liquor ordinance now, after the application has been made. MOTION by Wippermann to approve the issuance of an Intoxicating Liquor License and Special Sunday Liquor License to Tavel]) On 42 (or Ursino's) for the period of March 1, 1999 through December 31, 1999. Second by Carroll. Ayes: Wippemramt, Carroll. Nays: Cisewski, Busho, Edwards. Motion failed. Mayor Busho invited the applicant back for future discussion and directed staff to be prepared to discuss adding food to liquor percentages at a future work session. Comprehensive Guide PJan_Amendment Dakota County HRA and M &H inc Community Development Director Rogness reviewed this joint venture by Dakota County HRA and M &H, Inc. which had been continued from the January 5th City Council meeting. The property would have two separate developments with the HRA developing and managing the southern side including 40 or 46 rental townhomes and the northern side with 33 owner occupied twinhomes developed by M H, Inc. Rogness presented two options to proceed. Option A would include HR(High Density Residential) /UR(Urban Residential) Comp Plan Amendments and zoning for R -2 and R -3 with a Planned Unit Development (PUD) and no variances. Option B would include only a UR Comp Plan Amendment, zoning to R -2, a PUD. and two variances: 1) rental inclusion and 2) allowing single car garages. Mark Ulfers, Director of Housing and Redevelopment, noted that they do not have any program for single family housing. The Family Housing Partnership Program is resource driven and has funding available this year for build out next year. This is a long term commitment for managing this complex. The public housing by the central offices (2496 145th Street West) has been managed by HRA since 1981, when they were built. Affordable housing is needed in Dakota County. Families with incomes under $24,000 would be eligible for these rentals. People do struggle to make ends meet and try to improve on their education or employment at the same time. Council voiced concerns for unit density, neamess of railroad tracks, guarantee of property value, the concentration of affordable housing, the location of this project, the need for more single family detached units within Rosemount, and the proposed mix of housing types. Councilmember Carroll noted he was in favor of the project and saw a need as industries look to develop in Rosemount to have affordable housing for their employees. 1 MOTION by Carroll to adopt A RESOLUTION TO AMEND THE COMPREHENSIVE GUIDE PLAN changing the land use designation for the 16 acre parcel west of Biscayne Avenue, north of the National Guard OMS property to UR Urban Residential. Lack of second. Motion failed. MOTION by Carroll to adopt A RESOLUTION TO AMEND THE COMPREHENSIVE GUIDE PLAN changing the land use designation for the 16 acre parcel west of Biscayne Avenue, north of the National Guard OMS property to HR High Density Residential and UR Urban Residential. Lack of second. Motion failed. MOTION by Edwards to direct staff to prepare findings in support fo denial of the comprehensive guide plan amendment, the rezoning and the concept Planned Unit Development, and to notify the applicants of a 30 -day extension in order to prepare such findings. Second by Busho. Ayes: Edwards, Cisewski, Wippennamt, Busho. Nays: Carroll. Motion carried. Mayor Busho adjourned the regular meeting at 10:31 p.m. Respectfully submitted, G?'t Susan M. Walsh, City Clerk The City Council Agenda Packet is Clerk's File 1999 -03. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1999 Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 23, 1999 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Saturday, January 23, 1999, at 10:30 a.m. at the Rosemount Community Center, 13885 South Robert Trail. Mayor Busho called the meeting to order with Councilmembers Wippermann, Cisewski, Carroll, and Edwards, and City Administrator Burt. The purpose of the meeting was to inten'iew applicants for open positions on the advisory commissions and committees for City Council. City Council discussed appointing a student as an ad hoc member to the Parks Recreation Committee and it was decided to let the Parks Recreation Committee make that decision. It was suggested that if a student is appointed to serve, he /she should have a one year term and serve as a non voting member. Applicants interviewed were as follows: Paul Heimkes, Utility Commission; Kelly Sampo, Parks Recreation; Mark DeBettignies, Planning Commission; Keith Knautz, Parks Recreation and Planning Commission; Phillip Sterner, Parks Recreation; Sheila Klassen, Planning Cornmission;Russell Sinkler, Port Authority; Ena Cisewski, Port Authority; and Kevin Carroll, Port Authority. MOTION by Busho to appoint Carroll and Cisewski to Port Authority, Hemikes to Utilities Commission, Sampo, Sterner, and Knautz to Parks Recreation, and Klassen and Shoe Corrigan to Planning Commission. Second by Wippermann. Ayes: Four. Nays: None. Abstain: Carroll. Motion carried. Carroll noted he abstained because he was not present for all interviews. Mayor Busho adjourned the meeting at 1:30 p.m. The City Council Agenda Packet is Clerk's File 1999 -4. Respectfully submitted, Thomas D. City Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 2, 1999, 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 Cisewski, Edwards, Wippermann and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director /City Engineer Osmundson, Parks Recreation Director Topitzhofer, Community Development Director Rogness, and Police Chief Kalstabakken. The Pledge of Allegiance was led by Police Chief Kalstabakken. Mayor Busho asked for an update on the Comprehensive Plan which was added to the agenda under New Business, 8.b. Additional information was received for Items 7.a. and 5.a. There were no public comments or responses to public comments. 1 I 1 1 1 1 1 Public Works Director Osmundson presented the Dakota County County Road 42 Corridor Study which would be the blueprint to future development along Country Road 42. Osmt ndson prepared comments to forward to Dakota County by way of a resolution noting concerns and expectations for the eight and one -half miles of CR 42 in Rosemount. Mayor Busho wished to publicly thank those Rosemount residents and city commission members who participated in the Dakota County Study. MOTION by Carroll to adopt A RESOLUTION ACCEPTING AND ADOPTING THE COUNTY ROAD 42 CORRIDOR STUDY. Second by Cisewski. Ayes: Wippermann, Busho, Carroll, Edwards, Cisewski. Nays: None. Motion carried. COMMISSION AND COMMITTEE APPOINTMENTS Mayor Busho presented the list of selected individuals for appointment to commissions this year. These were as follows: Parks Recreation Kelly Sampo(3 yr. term), Phillip Sterner(3 yr. term), Keith Knautz (1 yr. term); Planning Commission Sheila Klassen(3 yr. tern), Kimberly Shoe Corrigan(3 yr. term); Port Authority Ena Cisewski (4 yr. term), Kevin Carroll (6 yr. term); and Utilities Commission Paul Heimkes (3 r. tern). Consent A •nda MOTION by Edwards to approve the Consent Agenda. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. a. Minutes of January 19, 1999 Regular City Council Meeting b. Minutes of January 13, 1999 Committee of the Whole c. Minutes of January 23, 1999 Special City Council Meeting d. Approval of Bills Listing e. 1999 Public Safety Dispatch Agreement f. Solid Waste Haulers License g. Payment 14, Geronime Pond 2nd Addition Street Utility Improvements, C.Proj. 293 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1999 h. Payment #3 Change Order #2, Wensmann 1 lth Addition Street Utility Improvements, City Project 298 i. Temporary On -Sale Liquor License for Dakota County Technical College Foundation j. Approval of County Road 33 /Diamond Path Construction Agreement, City Project 307 k. Cooperative Agreement Mississippi River Heritage 1. Leave of Absence Firefighter Shawn Hill m. Receive Feasibility Report /Approve Project/Order Plans Spec's, Wensmann 12th Addition Street Utility Improvements, City Project 287 n. Receive Plans Spec's /Order Ad for Bid, Shannon Pond South Addition Street Utility Improvements, City Project 288 112 &H, Inc and Dakota County HRA Guide Plan_Amendment, Rezoning Concept PUB Findings Community Development Director Rogness received a letter from Mark Ulfers, Executive Director of the Dakota County HRA, with a request for an extension of applications related to the M &H, Inc. And Dakota County HRA Guide Plan Amendment, Rezoning Concept Planned Unit Development. This would extend the applications until May 5, 1999, in order to revise or negotiate changes to the development plan. If a denial is recommended, then findings of fact for denial will he presented. Mr. Ulfers noted that the HRA is conunitted to work with city staff in this partnership and will plan to hold meetings to educate the public on the need for affordable housing. MOTION by Carroll to agree to extend the applications from M &H, Inc. And the Dakota County HRA until May 5, 1999 for a Comprehensive Guide Plan Amendment, Rezoning and Concept Planned Unit Development for approximately 17 acres along Biscayne Avenue. Second by Wippemtann. Ayes: Carroll, Edwards, Cisewski, Wippennann, Busho. Nays: None. Motion carried. Lance .Iohnson1Mineral Rxtraction Permit Renewal for 1999 Community Development Director Rogness presented the request for the Mineral Extraction Permit renewal for Lance Johnson with conditions for 1999. Some of the added conditions include using the proper access driveway and limiting stock piling of recycling material. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE 1999 MINERAL EXTRACTION PERMIT RENEWAL FOR LANCE JOHNSON. Second by Carroll. Ayes: Edwards, Cisewski, Wippermann, Busho, Carroll. Nays: None. Motion carried. Grant Resolution for Trail Pr jert on State Highwayi Parks Recreation Director Topitzhofer presented the funding plan for a walking path from the Rosemount Community Center to 143rd Street West, the Middle School, and then connecting to the downtown area. This would be constructed of bituminous material eight feet wide. The cost of the project is estimated at $50,000. Independent School District 196 has been asked to adopt a similar resolution to be included with the grant application. 2 MOTION by Wippermann to adopt A RESOLUTION SUPPORTING THE CONSTRUCTION OF A TRAIL LOCATED ON THE WEST SIDE OF STATE TRUNK HIGHWAY 3 FROM 143RD STREET WEST TO THE ROSEMOUNT COMMUNITY CENTER. Second by Edwards. Ayes: Cisewski, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Comprehensive Guide Plan I rpdate Community Development Director Rogness gave an overview. Rogness noted he had received about twelve letters and comments at the open houses. Staff had hoped to receive informal comments from Metropolitan Council prior to the City's Comprehensive Plan amendments. The Public Hearings was opened and the Planning Commission will arrive at recommendations for the final Comprehensive Plan to be presented to the City Council. Until final approval is given by the Metropolitan Council, staff will continue to use the current Comprehensive Plan but advise new development that changes may be eminent. Mayor Busho mentioned that possibly a moratorium process should be used to further study some issues in the draft 2020 Comprehensive Plan. City Attorney LeFevere noted that could be challenged by current applicants. Mayor Busho and Council requested a work session to investigate the moratorium process. Announcements County Road 46 Open House in Coates will be February 3. The Rosemount High School is perfonning their winter play this weekend. Utilities Commission is on February 8. The Chambers of Commerce will have their monthly luncheon on Tuesday, February 9, at City Hall. Dakota County will hold an open house for the Future CR 46, February 10, 5- 7p.m., at the Western Service Center in Apple Valley. The Rosemount Family Resource Center Grand Opening is on Saturday. February 13, 10 a.m. to noon. The monthly work session was moved to Thursday, February 11, at 6:30 p.m. at City Hall. Councilmember Cisewski reported that the Rosemount Showcase held January 30 was successful. Marcus Cable video taped the presentation and it will be aired on Tuesdays and Thursdays at 7:30 p.m. on channel 12. Mayor Busho commented that the State of the City Address on March 2 will also be video taped and aired on the public channel. Mayor Busho adjourned the regular meeting at 8:40 p.m. SusanJM. Walsh hty Clerk The City Council Agenda Packet is Clerk's File 1999 -04. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1999 Respectfully submitted, Linda Jentink, Recording Secretary 1 Pursuant to due call and notice thereof a Committee of the Whole meeting was duly held on Thursday, Febniary 11, 1999, at 6:30 p.nt. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Wippermann, Edwards, Carroll and Cisewski present. Also present were City .Administrator Burt. Assistant to City Administrator Walsh, Community Development Director Rogness, Public Works Director Osmundson, and City Planner Pearson. Strategic Plan Mayor Busho updated the City Council on having an upcoming strategic planning session. She has been in contact with two facilitators to conduct the sessions and she will inform the City Council who she selects at a later date. The dates of Friday. March 19th and Saturday, March 20th were selected for the event and the location will he determined soon. Sign Ordinance ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE FEBRUARY 11, 1999 Community Development Director Rogness summarized an application from Ron Kraus, new owner of the Dairy Queen. for an amendment to the city's sign ordinance. This proposed amendment would allow "off- premises business signs" to be allowed within Commercial, Bushiness Park and Industrial zones. Such signage would be used by any business to add to another business' existing freestanding sign within 1000 feet. Many controls have been recommended by the planning commission, ranging from overall design compatibility to size limitations. Concerns were raised by Councilmembers related to enforcement, sign proliferation, and the need for such a change. After further discussion, the Council asked that staff prepare a motion for denial at the upcoming City Council meeting. i,ignor Ordinance Assistant to Administrator Walsh reviewed proposed amendments to the liquor ordinance that would provide for two classes of on -sale liquor licenses. After discussion by the City Council, staff was directed to put together an ordinance that would include the following provisions: (1) Class B license would require food and non alcoholic beverages to be 5140 of the total revenues for restaurants and hotels; (2) bowling alleys would have to meet a 25% food sale requirement for a Class B license; (3) Class A license would be prohibited along CR 42 or within a certain distance of CR42; (4) Class B license holders would have to provide documentation that they meet the food revenue requirements; and (5) Class A licenses would not have to meet food revenue requirements. City staff was also directed to begin reviewing liquor license fees since the Council agreed that fees may have to be increased, and a Class A license fee should be higher than a Class B license fee. Comprehensive Plan Community Director Rogness summarized the main issues that remain for the draft 2020 comprehensive plan prior to its submission to the Metropolitan Council for formal review. The 1 planning commission has completed the public hearing process, and is recommending a draft for council consideration. One of the primary issues relates to future industrial designations for property in eastern Rosemount, especially along the Highway 42 con near Highway 52. Another issue relates to the net density target for property within the Transition Residential (TR) land use category (the majority being the Kelley Trust property). The Councihnembers asked staff to prepare a change to the text for further consideration that would establish average net density of 2.0 dwelling units per acre for TR land uses. Because of time constraints. other issues will be discussed at the upcoming City Council meeting. There being no further business, the meeting was adjourned. Respectfully submitted, A /,6,e/ Atte Susan Walsh, City Clerk The City Council Agenda Packet is Clerk's File 1999 06. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE FEBRUARY 11, 1999 lu g Thomas D. Burt, ity Administrator 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 16, 1999, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with all members present. Also in attendance were City Attorney LeFevere, City Administrator Burt, Community Development Director Rogness, City Planner Pearson and Parks Recreation Director Topitzhofer. City Planner Rick Pearson led the Pledge of Allegiance. Proclamation for Rosemount DECA Chapter was added as Item 5(a). Mayor Busho proclaimed the week of February 15 -22, 1999 as Rosemount DECA Chapter Week. Consent Agenda MOTION by Edwards to approve the Consent Agenda. Second by Wippermann. Ayes: 5. Nays: 0. Motion carried a. Minutes of February 2, 1999 Regular City Council Meeting b. Approval of Bills Listing c. Solid Waste Haulers License d. Payment #6, Chippendale Avenue Street Utility Improvements, City Project 290 e. Payment #5 and Final, 145` Street West Street Utility Improvements, City Project 291 Sign Ordinance Amendment Discussion was held on the application submitted by Ron Kraus to amend the Zoning Ordinance to allow Dairy Queen to advertise its business on an off premises business sign at the old Tom Thumb site, 15040 Canada Avenue. Mr. Kraus requested that the City Council approve his application or delay action if more time was needed to review and discuss his request. Members of Council expressed their concerns that off -site premises signs would cause potential proliferation of signs in future years. MOTION by Edwards to deny an amendment to the sign ordinance that will permit off premises business signs in the Commercial, Business Park and General Industrial Districts due to the lack of evidence that additional signage is warranted and the potential for multiple off premise signage exists. Second by Wippermann. Ayes: Cisewski, Wippermann, Busho, Edwards. Nays: Carroll. Motion carried. 2020 Comprehensive Plan Update Community Development Director Dan Rogness presented a draft of the 2020 Comprehensive Guide Plan advising the Planning Commission has completed its public hearing process. 1 1 1 Rogness noted that several changes were made to the original November 1998 draft. He also presented issues discussed by the Planning Commission at its meeting on February 9, 1999. Rogness summarized letters received from the Metropolitan Council dated February 11, 1999 and from Contractor Property Developers Company with regards to the Kelley Trust Property. Members of the Council had several points of clarification and questions about the comp guide plan draft before them. It was the consensus of the Council that some minor changes of the draft should be made based on their discussion. Two changes were made to the land use plan map, including more Industrial Mixed Use near the Highway 42/52 intersection and more Public/Institutional west of Biscayne Avenue north of the Union Pacific main rail line. Following further discussion, Council agreed that the final draft should be forwarded to the Metropolitan Council although the issues addressed by the Metropolitan Council would not be included in the final draft since their responses were just received late on Friday, February 12. MOTION by Wippermann to approve the final draft of Rosemount's 2020 Comprehensive Plan and to submit this plan to the Metropolitan Council for formal review. Second by Cisewski. Ayes: Wippermann, Cisewski, Busho, Carroll, Edwards. Nays: None. Motion Carried. Liquor Ordinance Amendments ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1999 Assistant to Administrator Walsh reviewed a proposed ordinance that would amend certain sections of the liquor ordinance. Walsh advised the ordinance amendments would allow for two classes of on sale intoxicating licenses. The new classification would regulate restaurants and hotels that would have to certify to the City that their total revenues derived from the sale of food and non alcoholic beverages is at least 51 percent. Bowling centers included in this classification would have to meet a 25 percent requirement. Walsh noted that current on sale liquor license holders have been furnished a copy of the draft ordinance and that the final draft would be brought back to the March 2, 1999 meeting for Council action. Following discussion, Council agreed to the provisions of the ordinance. It was also the consensus of the Council that before renewal applications are sent to license holders in October for the year 2000, the Council should review license fees and discuss adopting separate fees for each classification. Announcements Mayor Busho reviewed the following events: City will host an open house at various facilities for Cities Week during the first week of October. Shamrock Awards Dinner is set for March 13` Next Committee of the Whole Meeting is March 10`h 1 1 1 MOTION by Edwards to adjourn to closed session for the purpose of discussing union negotiations and the city administrator's performance evaluation. Second by Busho. Ayes: 5 Nays: 0. The City Council Agenda Packet is Clerk's File 1999 -07. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1999 Respectfully submitted, Sus af4 M. Wal Assistant to Xdministrator Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Tuesday, February 23, 1999, at 5:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Cisewski, Wippermarm, Carroll, and Edwards present. Also present were City Administrator Burt. Public Works Director /City Engineer Osmundson, and Community Development Director Rogness. Options of Moratorium ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 23, 1999 Community Development Director Rogness reviewed the controls a full moratorium, a partial moratorium, or no moratorium would have on future residential building in Rosemount. The length of either moratorium was reconmrended to be twelve months, with the ability to shorten it or extend it to eighteen months if council deemed it necessary. The Kelley Trust Developers did submit a letter agreeing to an extension of the 60 -day review requirement until the city is able to adopt its comprehensive plan 2020. Kelley Trust developers and Dakota County Housing Redevelopment Authority/M &H, Inc. joint development will not he able to build under either moratorium, but could continue with the concept development plans with the partial moratorium. Rural residential developments would not be allowed without changes to the proposed partial moratorium. Council noted that they were not concerned about restricting rural residential development and asked that language be added to that affect. Mayor Busho noted that there are now 930 buildable lots available in Rosemount for residential. The infrastructure debt load is encumbered by the developer, however, the city must cover the initial costs temporarily with a 429 bond. City Administrator Burt noted there is very little risk to the city. Only if the interest rate would increase dramatically would additional costs be incurred. Mayor Busho asked for audience input. Horner Tompkins, Kelley Trust developer, noted the letter provided to Council to extend the review requirement of the city. Tompkins said he would prefer no moratorium, but could live with the partial moratorium. Tompkins plans to move ahead with the concept plans and hold neighborhood meetings at their own risk, in order to shape the vision for this development. E.B. McMenomy, 4122 143rd Street West, noted that as a developer, he would prefer no moratorium. He has a client now dividing a 55 acre parcel for rural residential lots of 5 acres and would like this to proceed. McMenomy noted that Lakeville provided more advance notice when a building moratorium was established. Reid Hansen, 14290 Canada Court, an attorney, also has clients effected. Some parcels have not been rezoned although the concept plan has been approved. Hansen would prefer no moratorium. Karen Coffee, 3839 McAndrews Road, has land zoned AG agricultural which she wished to divide into 5 acre Tots. The planned builder is MW Johnson. This moratorium may affect her contract which is not complete at this time. Coffee requested that rural residential be exempt from the moratorium. Dotty Russell, 12930 Shannon Parkway, recommended the full moratorium noting that the Kelley property needs to be preserved and unit density restricted. 1 1 1 Kevin Krupp, 13725 Danbury Path, noted his concem for the impact on roads and taxes if the Kelley property is fully developed. Council discussed the reassurances possible in order to comply with the new comprehensive guide plan. The partial moratorium would allow time for the developers and residents to continue interacting to develop concept plans. Councilmember Carroll did not agree with a moratorium because of the fact that every city in the metropolitan area is having to submit a revised comprehensive plan to the Metropolitan Council but no other city is calling for a moratorium. Carroll also noted that more input from the residents regarding a moratorium would be advisable. MOTION by Edwards to adopt AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, PLACING A MORATORIUM ON RESIDENTIAL DEVELOPMENT IN THE CITY OF ROSEMOUNT as prepared by city attorney, file CLL- 158596, with changes to Section 3, 3.02 to exempt rural residential. Second by Cisewski. Ayes: Cisewski, Wippermann, Busho, Edwards. Nays: Carroll. Motion carried. Mayor Busho adjourned the regular meeting at 8:40 p.m. Sus.. M. Wal- City Clerk The City Council Agenda Packet is Clerk's File 1999 -08. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 23, 1999 Respectfully submitted, Linda Jentink, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, March 2, 1999, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Cisewski, Carroll and Edwards present. Councilmember Wippemtann was absent. Also in attendance were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Community Development Director Rogness and Parks Recreation Director Topitzhofer. City Clerk Susan Walsh led the Pledge of Allegiance. There were no additions or corrections to the Agenda. Play Equipment Contracts for City Parks Parks Recreation Director Jim Topitzhofer presented a recommendation to purchase Flanagan Sales play equipment for Biscayne Park, Central Park, Claret Park and Family Resource Center. Mayor Busho and Council thanked the members of the selection committee for their time and input on this process. MOTION by Cisewski to approve the play equipment contracts with Flanagan Sales for Biscayne Park, Central Park, Claret Park and Family Resource Center. Second by Edwards. Ayes: Cisewski, Busho, Carroll, Edwards. Nays: None. Motion carried. Consent Agenda MOTION by Edwards to approve the consent agenda. Second by Cisewski. Ayes: 4. Nays: 0. Motion carried. a. Minutes of February 16, 1999 Regular Council Meeting b. Minutes of February 11, 1999 Committee of the Whole Work Session. c. Approval of Bills Listing d. Donation Account Expenditure for Police Department e. Encumbrance of 1998 Budget Items Forward to 1999 f. Sergeants Labor Agreement for 1999 -2001 g. 1999 Salary Adjustments and Benefits for Nonunion Employees h. Appointment of Fire Department Secretary i. Solid Waste Haulers License j. Receive Plans Specs /Order Ad for Bids Rosemount Commons Street Utility Improvements, City Project 300 k. Receive Plans Specs /Order Ad for Bids Wensmann 12 Addition Street Utility Improvements, City Project 287 1. Transfer of Ownership from Marcus Cable to Vulcan Cable m. Interim Use Permit Renewal: The Adventure Zone n. Approve Final Plat Subdivision Agreement Shannon Pond South, City Project 288 o. Receive Feasibility Report/Approve Project /Order Plans Specs McNamara Addition, Phase 2 Street Utility Improvements, City Project 304 P. Order Feasibility Report for Rosemount Business Park, Phase 2 Street Utility Improvements. City Project 308 q. Receive Bids /Award Contract Shannon Pond South Street Utility Improvements, City Project 288 ROSEMOUNT CITY PROCCEDINGS REGULAR MEETING MARCH 2, 1999 Liquor Ordinance Amendments Council reviewed the final draft of a liquor ordinance that would amend certain sections of the City Code pertaining to liquor regulations. City Clerk Walsh explained the differences between a Class A and a Class B on sale liquor license. Walsh advised that staff would begin researching license fees and present a recommendation prior to sending out the Year 2000 renewals. MOTION by Edwards to adopt Ordinance No. XVI.40, AN ORDINANCE RELATING TO LIQUOR LICENSES, AMENDING ROSEMOUNT CITY CODE SECTIONS 3 -1 -2 AND 3 -1- 8. Second by Busho. Ayes: Busho, Carroll, Edwards, Cisewski. Nays: None. Motion carried. Rosemount Market Square Planned Unit Development Amendment Discussion was held on an application received from Peter Linder of Linder's Greenhouses, Garden Center and Flower Marts to amend the Rosemount Market Square PUD. The amendment would allow Linder's to place a flower mart in the parking lot in front of Knowlan's. Community Development Director Rogness informed Council of the Planning Commission's recommendation to approve the amendment by a 3/2 vote. The City Council had several questions which included size, location, signs, electricity, water supply, terms of lease, parking lot traffic, customer parking, and types of products to be sold. Members of the Council requested that the PUD amendment include a condition that the flower mart be approved on a one -year trail basis and that other conditions such as site layout, signage, and hours of operation also be included as operating conditions. MOTION by Carroll to authorize staff to prepare a proposed amendment, with specific conditions, to the Rosemount Market Square Planned Unit Development to permit the Linder's Flower Mart in the parking lot as shown on the attached exhibit and to be reviewed by Council at a future meeting. Second by Cisewski. Ayes: Carroll, Edwards, Cisewski, Busho. Nays: None. Motion carried. SOLBERG MINERAL EXTRACTION PERMIT Community Development Director Rogness presented a request from Solberg Aggregate to renew their mineral extraction pennit for property owned by Koch Refining Co. The property is located on the former Solberg site west of STH 52 which was sold to Koch and leased back to Solberg for continued mineral extraction operations on a year to year basis. Rogness explained how the revised grading plan would taper downward resulting in a two percent slope and extending the operations approximately three to four years. Lauren Howard of Solberg Aggregate addressed questions from the Council with regards to the history of the Solberg operation and reclamation plans. He also advised that if the grading modification was not approved, there was enough mineral extraction for this year's construction season, but that the company would need additional time for reclamation. It was noted that the City Council will be discussing mining issues at a future work session, and it was the consensus of the Council to only approve the extraction permit renewal and not the grading plan modification. MOTION by Busho to approve the mineral extraction permit renewal for Solberg Aggregate for 1999 without modification to the grading plan. Second by Edwards. Ayes: Edwards, Cisewski, Busho, Carroll. Nays: None. Motion carried. 2 1 ROSEMOUNT CITY PROCCEDINGS REGULAR MEETING MARCH 2, 1999 Announcements Mayor Busho complimented department heads on their participation at the State of the City on this date. The next Committee of the Whole meeting is March 10. Shamrock Awards dinner is March 13. Strategic Planning is March 19 and 20. MOTION by Busho to adjourn and go into a closed session for the purpose of discussing union negotiations. Second by Edwards. Ayes: 4. Nays: 0. Motion carried. The City Council Agenda Packet is Clerk's File 1999 -09. Respectfully submitted Susan M. alsh, City Clerk 1 Pursuant to due call and notice thereof a Committee of the Whole meeting was duly held on Wednesday, March 10, 1999, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Wippermann, Edwards, Carroll and Cisewski present. Also present were City Administrator Burt, Assistant to City Administrator Walsh, Community Development Director Rogness, Public Works Director Osmundson, Finance Director May, and Police Chief Kalstabakken. Emergency Siren Location The existing locations and coverage zones of the emergency outdoor warning sirens was reviewed with Council. In the northwest portion of Rosemount, coverage is not provided by the current siren location and the surrounding communities' sirens do not overlap to cover Rosemount either. It was recommended that the siren formerly at Shannon Park be installed at the intersection of Chinchilla Court and McAndrews. This site was selected to provide coverage in NW Rosemount. Council consensus was to locate sirens to provide the best coverage to the community while working with residents to choose the final site within the recommended area. Kennel Ordinance Year 2000 Readiness Plan Debt Management Policy ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MARCH 10, 1999 Discussion was held on proposed changes to the City Code with regards to kennel and cattery regulations. The major change would eliminate license applicants from having to get written consent from their neighbors. The proposed amendment would require the city clerk to notify property owners within 150 feet of the applicants' property, and the notified residents could respond through a public hearing process. Additionally, the city clerk could renew a kennel license if there were no complaints during the license year. The Council concurred that renewals should be forwarded to the Council if there are more than four complaints a year. Other recommended changes included fence and sanitation requirements. Assistant to Administrator Walsh reviewed with the City Council a draft of a formal plan addressing how the City will address the Year 2000 problem. Council concurred with the plan and agreed to the importance of having contingency plans in place. Staff was directed to keep the Council well infonned on this issue and to give updates at the monthly work sessions. Finance Director May presented a draft of a new proposed debt management policy. After reviewing the policy in some detail Finance Director May and City Administrator Burt fielded questions from the City Council. It was decided that the content of the policy was fine but that it should come back at a later date put together with all other Finance Department policies in a package titled "Fiscal Management Plan" or something similar. 120th Street Update The City received a letter from Mayor Awada of Eagan regarding access to Urban Residential Development at Rosemount's northern border. Ostnundson explained that there are numerous access issues to State Truck Highway 3 /South Robert Trail and also the redundancy of having another access to this new development. The City of Rosemount has 120th Street access on the west side of Trunk Highway 3 and Biscayne Avenue access on the east side of Trunk Highway 3 already within 300 feet of the Eagan border. There are numerous other issues adjacent to the Rosemount/Eagan border within the City including zoning, property lines through buildings, and the whole issue of sewer availability to this area. Council had questions regarding this issue and some thought that it was an Eagan issue. Staff explained that we will be pulled in by MNDOT regarding the access issue and that we should take a pro- active approach to resolving the issues. Council directed staff to meet with Eagan city staff and then keep the Council informed. Building Needs City Administrator Burt discussed with the City council the need to look at both short term and long term building space needs at city hall. The most immediate area that needs to be addressed is the ceiling in the upper lobby that should be replaced because of water damage. Burt also recommended redesigning the front area by the service windows as a means to improve customer service. Council and staff toured the city hall. Council concurred that an architect should be contacted to review and make recommendations on remodeling of city hall. It was agreed that the architect should look at all departments' needs and address both long term and short term needs. Closed Session: City Administrator's Yearly Review By unanimous consent, the Council went into closed session to conduct the city administrator's performance evaluation. Following the closed meeting, the Council reconvened to an open meeting. The Council summarized the city administrator's performance for 1998. It was the general consensus of the City Council that the city administrator receive a three percent annual adjustment retroactive to January 1, 1999 and a one percent longevity pay on his anniversary date. There being no further business, the meeting was adjourned. r Attest: Susan IvjAValsh, City Clerk The City Council Agenda Packet is Clerk's File 1999 10. 2 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MARCH 10, 1999 Respectfully submitted, Thomas D. Burt, City�cdM iistrator 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 16, 1999, at 7:32 p.m. in the Council Chamber's at City Hall. 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Carroll, and Edwards present. Also, present were City Attomey LeFevere, City Administrator Burt. City Engineer /Public Works Director Osmundson, Assistant to the Administrator Walsh, and Community Development Director Rogness. Mayor Busho led the group in the Pledge of Allegiance. Agenda Changes ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 1999 Item 7.a. Amendment To interim Ordinance was pulled and Item 8.b. Construction 70 Rezoning and Concept Planned Unit Development recommended action was changed due to the lack of a 4 /5th majority vote necessary for an ordinance change and rezoning. Year 2000 Readiness Plan Assistant to the Administrator Walsh updated City Council on the process being used to review services and equipment for the Year 2000 potential problem of automated systems that are date dependent. The recommended Year 2000 Readiness Plan was presented. The policy statement noted that the City of Rosemount commits to make its best efforts to ensure the continuity of essential services. A contingency plan will be coordinated with departments for possible failures of essential City services such as power, water and sewer, transportation, communications, and information systems. MOTION by Cisewski to Adopt the City of Rosemount Year 2000 Readiness Plan. Second by Carroll. Ayes: Three. Nays: None. Motion carried. Consent MOTION by Carroll to approve the Consent Agenda. Second by Cisewski. Ayes. Carroll, Cisewski, Busho. Nays: None. Motion carried. a. Minutes of March 2, 1999 Regular City Council Meeting b. Minutes of February 23, 1999 Special City Council Meeting c. Approval of Bills Listing d. Donation Account Expenditure for Fire Dept. e. Solid Waste Haulers License f. Receive Feasibility Report Conley Avenue St. Utility Improvements, City Project 303 g. CMC Heartland Partners Assignment Planned Unit Development Amendment for Rosemount Market Square Community Development Director Rogness presented an amendment to the Subdivision and Planned Unit Development Agreement for the Rosemount Market Square project established June 9, 1994. Rosemount Properties LLC requested the amendment to accommodate a temporary stricture for plant sales in the parking lot area in front of Knowlan's Supermarket. City Attorney LeFevere prepared the amendment. Discussion was held on optimum dates for opening and closing the business. The amendment allows for signs with one sign per side of the structure, tow of those signs on the rood, and two 18 sq. ft. flags. Mr. Linder of Linder's Greenhouse explained the set -up process needed for the structure and how weather may affect the set -up and removal. MOTION by Busho to approve a Planned Unit Development Agreement related to the June 9, 1994 Subdivision and Planned Unit Development Agreement for Rosemount Market Square noting changes for the start date to March 16 and closing date of July 7 and noting the signage changes and renewal clause. Second by Carroll. Ayes: Cisewski, Busho, Carroll. Nays: None. Motion carried. Kennel Ordinance Amendment Mineral Extraction Permit Renewal for Furlong/Cemstone 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 1999 Assistant to the Administrator Walsh reviewed the amendment for kennel and cattery registration that would require a public hearing and notice to neighbors within 150 feet of the property. The current ordinance requires written permission from all abutting property owners within 300 feet. This amendment will shift the veto ability to City Council rather than a single neighbor and therefore allow a more equal and fair process. Renewals are also provided for in the amendment, allowing them to be continued unless four complaints have been filed through the police department. This is the first reading of the amendment. Action on the recommendation will be taken at the next regular City Council meeting. Construction 70 Rezoning and Concept Planned Unit Development Conmuunity Development Director Rogness presented a concept planned unit development (PUD) for two new trucking terminals, Wayne Transports and Fleet Development. Also included in the PUD is the Solberg Aggregate property recommending its access on CR 42 be changed to Conley Avenue. Conley Avenue would become a new frontage road that connects 140th Street East to Country Road 42 and the 42/52 interchange. This would improve transportation safety. The proposed storm water ponding may change if the neighboring golf course would be willing to allow some ponding on their fairway. Discussions will follow. Additional landscaping will be added on the western border. No action will be called for this evening due to not having a 4/5 vote present for the rezoning application. Community Development Director Rogness reported that Tom Furlong is requesting that the mineral extraction permit be renewed with him as owner /operator removing Cemstone from the permit. Activity has been limited to date, but Furlong will be building a golf course in Nininger Township 1 and will need material from this property. Tom Furlong, Jr. explained that Shawn Dahl of Ames Construction requested depositing as haul -back a mixture of sand and clay which is unsuitable for supporting buildings but good for an agricultural base. Council noted they will be studying the mineral extraction permitting process and would recommend that the request for haul -back be deferred until after that research is completed. Cisewski commended Furlong for looking to reclaim the land for agriculture. MOTION by Carroll to approve the mineral extraction permit renewal for Tom Furlong for the 1999 season, excluding the ability to import 511 material excavated off -site. Second by Cisewski. Ayes: Busho, Carroll, Cisewski. Nays: None. Motion carried. Announcements Public Works Director Osmundson said that road restrictions have begun and will continue until May 1st. Mayor Busho noted that a Strategic Planning Session with City Council and department heads will be held March 19 and 20. Metropolitan Council representatives will be selected March 19. The next City Council meeting is April 6. Mayor Busho adjourned the meeting at 8:47 p.m. at 72 Thomas D. Burt, r'ty Adm. /Deputy Clerk The City Council Agenda Packet is Clerk's File 1998 -11. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 1999 Respectfully submitted, Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 6, 1999, at 7:31 p.rn. in the Council Chamber's at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Carroll, and Edwards present. Also present were City Attorney LeFevere, Assistant to City Administrator Walsh, Public Works Director Osmundson, Finance Director May, Police Chief Kalstabakken, Parks Recreation Director Topitzhofer and Community Development Director Rogness. Parks Recreation Director Topitzhofer led the group in the Pledge of Allegiance. There were no public comments or changes to the agenda. Dakota County Mississippi Regional Trail Plan Parks Recreation Director Topitzhofer introduced Jay Templin of Dakota County to present the Mississippi River Regional Trail Plan. This is a concept plan to build a biking and hiking trail along the Mississippi River from Inver Grove Heights to Hastings. The trail will be 19 miles long and connect local parks and trails with scenic views of the river. South St. Paul and Hastings have already constructed some trails along the river. This would not be a city expense. It will be totally funded by Dakota County and various state and regional grants. Koch Refining, CF Industries, and Dakota County Parks are the landowners involved in the proposed land acquisitions. Due to the grant cycle, beginning the project is not probable until the year 2006. The Dakota County Board of Commissioners will review the concept plan for approval in August, 1999. MOTION by Edwards to adopt A RESOLUTION SUPPORTING THE MISSISSIPPI RIVER REGIONAL TRAIL PLAN. Second by Cisewski. Ayes: Busho, Carroll, Edwards, Cisewski. Nays: None. Motion carried. Certificate of Achievement for Excellence in Financial Reporting Mayor Busho presented Finance Director May with a plaque from the Government Finance Officers Association for excellence in financial reporting for the year 1997. Mayor Busho thanked May and staff for their diligent work in complying with the high reporting standards for the second year in a row. Consent MOTION by Edwards to approve the Consent Agenda. Second by Cisewski. Ayes: Carroll, Edwards, Cisewski, Busho. Nays: None. Motion carried. a. Minutes of March 16, 1999 Regular City Council Meeting b. Minutes of March 10, 1999 Committee of the Whole Work Session c. Approval of Bills Listing d. Budget Amendments e. Fire Protection Agreement for City of Coates 1 1 1 Construction 70 Rezoning and Concept Plan ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 1999 f. Ratification of Fire Department Appointments g Adopt Kennel and Cattery Ordinance b. Receive Bids /Award Contract for Joint Powers Agreement for Traffic Markings, Sealcoating I. Order Feasibility Report 1999 Bituminous Overlay Project, City Project 306 j. AFSCME Labor Agreement for 1999 2001 k. Approve Final Plat Subdivision Agreement for Wensmann 12th Addition, City Proj. 287 1. Receive Bids /Award Contract Wensmann 12th Addition Street Utility Improvements, City Project 287 m. Rosemount Commons Final Plat n. Park Dedication Fees Community Development Director Rogness presented a concept planned unit development (PUD) for two trucking terminals, Wayne Transports and Fleet Development. Also included in the PUD is the Solberg Aggregate with a new access proposed to Conley Avenue. Conley Avenue would become a new frontage road that connects 140th Street East to Country Road 42 and the 42/52 interchange. This would improve transportation safety. The golf course to the east would be willing to allow some ponding on their property, resulting in a developable lot south of Fleet Development. Additional landscaping will be required on the western border of Wayne Transport's parking area. Council noted the beneficial higher building exterior finish would be a desirable requirement for the two outlots which are approximately 4 acres each. MOTION by Carroll to adopt A RESOLUTION APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT FOR CONSTRUCTION 70, INC. requested by C -70 Construction for Wayne Transports, Fleet Development and Solberg Aggregate. Second by Cisewski. Ayes: Edwards, Cisewski. Busho, Carroll. Nays: None. Motion carried. MOTION by Busho to adopt an ordinance rezoning the property to IG, General Industrial in conformance with the Comprehensive Plan. Second by Edwards. Discussion ensued. Ayes: Cisewski, Busho, Carroll, Edwards. Nays: None. Motion carried. Edwards proposed a friendly amendment to the Planned Unit Development resolution for Construction 70, Inc. in order to firmly establish the higher exterior standard for the two outlots. Council was polled. Ayes: Busho, Carroll, Edwards, Cisewski. Nays: None. The friendly amendment was accepted. MOTION by Edwards to adopt A RESOLUTION APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT FOR CONSTRUCTION 70, INC. requested by C -70 Construction for Wayne Transports, Fleet Development and Solberg Aggregate with the conditions that an amendment to the PUD would require similar standards of architecture and landscaping. Second by Ciscwski. Ayes: Carroll, Edwards, Cisewski. Busho. Nays: None. Motion carried. Amendment to Interim Ordinance (Moratorium) Ordinance Revision: Disposal of Unclaimed Property 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 1999 Public Hearing: Conley Avenue Street Utility Improvements, City Project 303 Public Works Director Osmundson explained the construction of Conley Avenue in order to provide safe access for truck traffic merging directly onto U.S. Hwy 52. This is in conjunction with the planned unit development for Construction 70, Inc. Conley Avenue will be 44 feet wide with watennain, sanitary sewer, and storm sewer improvements at a cost of $1,174,000. The initial grading required is extensive, but with cooperation from the developer, the cost will be held down. All land owners have not yet finalized the details so staff recommends that the public hearing be continued until April 20, 1999. MOTION by Busho to continue the Public Hearing for Conley Avenue Street and Utility Improvements, City Project 303 to April 20, 1999 at 8:00 p.ni. or as soon thereafter as possible. Second by Cisewski. Ayes: Edwards, Cisewski, Busho, Carroll. Nays: None. Motion carried. Community Development Director Rogness requested clarification to include Comprehensive Guide Plan Amendments in the residential building moratorium. In Section 3.02 the clarification would be made by adding the following to the first sentence: "and no guide plan amendments to any land use categories which include residential development." This would affect the HRA rental housing concept plan, since its request includes an amendment from Public /Institutional to Residential. MOTION by Edwards to adopt AN ORDINANCE AMENDING ORDINANCE 30(1.4, "AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, PLACING A MORATORIUM ON RESIDENTIAL DEVELOPMENT IN THE CITY OF ROSEMOUNT." Second by Cisewski. Ayes: Cisewski, Busho, Edwards. Nays: Carroll. Motion carried. City Attorney LeFevere explained that for an amendment the 4/5 vote is not required, but simply a majority is. Police Chief Kalstabakken presented a revision to City Code Section 7 -6 -2 which will bring this section up to the requirements of State Statute Section 168B. This includes the following: 1) notice of vehicle impoundment must be given within 5 days of the impound (current is 10 days); 2)Vehicles may be sold after 45 days (current is 15 days); 3) Vehicles must be held 15 days after a notice is given to the owner before ajunk vehicle may be disposed of (current says immediately'). City Attorney LeFevere noted this will bring this ordinance into conformance with state statute. This is the first reading of the revision, it will be considered at the next meeting for adoption. Acce s t Resi nation of Parks and Recreation Director and Authorize Process For Hiri Assistant to City Administrator Walsh announced the resignation of Parks Recreation Director Topitzhofer. Topitzhofer has accepted a position as Parks Recreation Director of Richfield, Minnesota and his last day here will be April 16th. Staff and City Council have enjoyed working with Jim and they and the community will miss him. Mayor Busho directed staff to prepare a "profile" of the position and seek candidates through the Minnesota Parks and Recreation Organization as well as local ads. Mayor Busho asked that Councilmember Cisewski participate in the screening of the applicants along with Assistant to Administrator Walsh and City Administrator Burt. Mayor Busho recommended that Programmer Dan Schultz be appointed as the interim Parks Recreation Director so that all business can continue smoothly. The work load should be spread throughout the Parks Department staff. Walsh noted that it will probably take three months to find a suitable replacement. MOTION by Edwards to appoint Dan Schultz as interim Parks Recreation Director until a replacement is found. Second by Cisewski. Ayes: Busho, Edwards. Cisewski. Nays. Carroll. Motion carried. Revocation of County Road 38 as a Mutual State Aid Highway ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 1999 Public Works Director Osmundson reviewed the request by Dakota County to remove McAndrews Road (CR 38) from the municipal state aid program to the county state aid program. This will allow CR 38 which runs through Apple Valley and Rosemount to be on the sane program which is a cooperative effort to improve all of our state aid needs. This will open another .38 miles of MSA designation for Rosemount. MOTION by Edwards to adopt A RESOLUTION REVOKING COUNTY ROAD 38 McANDREWS ROAD) AS A MUNICIPAL STATE AID HIGHWAY. Second by Cisewski. Ayes: Carroll, Edwards, Cisewski, Busho. Nays: None. Motion carried. MOTION by Busho to adopt A RESOLUTION CONCURRING WITH DAKOTA COUNTY TO ESTABLISH COUNTY ROAD 38 (McANDREWS ROAD) AS PART OF THE COUNTY STATE AID SYSTEM. Second by Edwards. Ayes: Edwards, Cisewski, Busho, Carroll. Nays: None. Motion carried. Announcements Mayor Busho noted the Northern Dakota Chambers of Commerce sponsoring a resident and business forum on April 8th and 12th. A Youth Summit will be held at the Rosemount Conmiunity Center on April 9. 1999. Koch Advisory Committee has an open house on April 10, 8am -10am and a Community Lunch on April 14th. Mayor Busho adjourned the meeting at 9:15 p.m. Respectfull J OIZ Sus M. Walsh, ity Clerk The City Council Agenda Packet is Clerk's File 1998 -12. 4 Linda Jentink, ecording Secretary 1 Pursuant to due call and notice thereof a Committee of the Whole meeting was duly held on Wednesday, April 14, 1999, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Wippermann, Edwards, Carroll and Cisewski present. Also present were City Administrator Burt, Community Development Director Rogness, Public Works Director Osmundson, and Chief of Police Kalstabakken. Y2k Contingency Plan Council was advised of the staff's preparation for anticipated year 2000 issues. Staff from police, public works and administration attended a county -wide preparedness meeting. Additional meetings may be held in the future, particularly for those persons responsible for communication. The emphasis is to have the cities giving consistent information to the public. Contingency plans are being drafted for public works and public safety functions. Plans should be drafted and reviewed by June 1. Staffing issues are being discussed and includes providing additional coverage for the weeks before and after the new year. Tattoo Ordinance Record Management and Mobile Data Systems Commercial Enhancement Plan ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE APRIL 14, 1999 A draft ordinance was reviewed with Council. The draft ordinance is similar to those adopted by the City of Lakeville and the City of Richfield. Council directed staff to proceed with the proposed ordinance and to meet with the owner /manager of the existing tattoo parlor to advise him of the ordinance. An overview of the police data communications system was given as a background to the discussion. The recommendation of LOGIS as the provider for records management and mobile computing devices was discussed. Council requested that the city adopt a computer use policy. Consensus by the Council was to proceed to enter into an agreement with LOGIS but to explore the ability of using fiber optic cable for the data connection to LOGIS and to develop a time -line to install and implement the LOGIS system. Budgetary impact was also discussed. Staff presented a summary of the progress on the Commercial Enhancement Plan. The summary included a history of improvements made to date and improvement plans for 1999. The next steps will be to finalize the plan and present it to the City Council. The public will then be invited to an open house to review the plans and work will begin on preparing a feasibility study for improvements. City Council directed staff to send a letter to the Commercial Enhancement Task Force thanking them for participating. 1 1 1 Birger Pond Update Council was updated on the Birger Pond Storm Water project. The major issue remaining with this project is the funding method. Rosemount's share may have to be totally funded from the Storm Water Core and Utility Funds. Diamond Path Trail Council was given an update of the installation of a trail on the east side of the proposed Diamond Path between CSAH 42 and 160th Street. The issue revolves around a number of residents in Rosemount who do not want the trail adjacent to their property. After discussions with the County Staff the design engineer has informed me that there should be 15' from the edge of the trail to the property line. If this area is heavily landscaped and a small berm is constructed it should satisfy the residents and it should not be an issue. East Side Water Study The Utility Commission passed a notion to recommend that the City Council move forward with the East Side Water System project. The main issue of this proposed project is the funding. The Water Core Fund will be utilized to fund the project, but since there is relatively slow development of this general industrial area the payback to the Water Core Fund will be slow. Staff will be discussing the project with Koch and recommending a funding package in the near future. Dodd Road The roads adjacent to Dodd Road in the Rosemount Hills 3rd Addition is scheduled for an overlay, City Project #306. Residents may be interested to know that Dodd Road is scheduled in the 10 -Year C.I.P. to be totally re- constructed in the Year 2006 at a cost of approximately $800,000. The currant overlays are going to cost less than $70.000 and are meant to preserve the existing roadways. 65% of the cost of the overlays are paid from the General Fund. Parks Recreation Director Profile Brockway Golf Club Wine License Application ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE APRIL 14, 1999 Council reviewed the proposed profile for the Parks and Recreation director position. City Council made additions, which will be included in the profile. Staff informed Council that the owner of Brockway golf course was requesting a liquor license for wine and strong beer. Council expressed concern that the applicant may not meet the 60% food requirement and questioned if they meet the requirement for 25 seats. Staff was directed to review the requirements with the applicant and make a site visit. 1 1 1 There being no further business, the meeting was adjourned. The City Council Agenda Packet is Clerk's File 1999 13. ROSEMOUNT CITY PROCEEDINGS COIIMMITTEE OF THE WHOLE APRIL 14, 1999 Respectfully submitted, Thomas D. Burt, City Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 1999 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, April 20, 1999, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145t Street West. Mayor Busho called the meeting to order with Councilmembers Cisewski, Wippermann, Carroll and Edwards present. Also present were City Attorney Charlie LeFevere, City Administrator Burt, City Engineer/Public Works Director Osmundson, and Community Development Director Dan Rogness. Councilmember Wippermann led the group in the Pledge of Allegiance. There were no changes to the agenda. There were no public comments or response to public comment. Cable Franchise Ordinance City Administrator Burt summarized the 15 -year franchise agreement negotiated with Marcus Cable through a joint effort with Apple Valley and Farmington. Marcus is no longer interested in offering public, educational and government programming (PEG). The three cities will be taking over this responsibility and will share one common facility and the necessary equipment. Marcus will continue to provide the programming service on a temporary basis. Marcus will give Rosemount a $60,000 grant for equipment, which amount Marcus will recoup through a $.25 monthly fee to subscribers. Rob Roeder, Operations Manager with Marcus Cable was present to answer questions. Discussions continued addressing the term of the agreement, PEG and franchise fees, government sites receiving service, and renegotiation opportunities. MOTION by Busho to adopt an ordinance granting a franchise to Marcus Cable Partners, LLC, a Delaware Limited Partnership, to construct, operate, and maintain a cable system in the City of Rosemount, setting forth conditions accompanying the grant of the franchise; providing for regulation and use of the system and the public rights -of -way, and prescribing penalties for the violation of the provisions herein. Second by Wippermann. Ayes: Cisewski, Wippermann, Busho, Carroll, and Edwards. Nays: 0. Motion carried. Consent Agenda The Consent Agenda was approved as presented. MOTION by Wippermann to approve the Consent Agenda. Second by Edwards. Ayes: Five. Nays: None. Motion carried. a. Minutes of April 6, 1999 Regular City Council Meeting b. Approval of Bills Listing c. Receive Plans Specifications /Order Ad for Bid for McNamara Addition, Phase 2 Street Utility Improvements, City Project 304 d. Receive Petition/Order Feasibility Report for Biscayne Pointe 2nd Addition Street Utility ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 1999 Improvements, City Project 309 e. Order Plans Specifications for Koch Minnesota Trail, City Project 311 f. Ordinance Revision Disposal of Unclaimed Property (Second Reading) Construction 70 Inc. Preliminary Plat and Final PUD Community Development Director Rogness summarized the Construction 70 final PUD preliminary plat, consisting of Wayne Transports, Fleet Development, Solberg Aggregate, and two remnant outlots. Mr. Rogness described the improvements to the Wayne Transports site. An additional 12 ft. strip was added along the western edge of the parking lot area for enhanced landscaping. The Fleet Development site will require an additional 1600 sq.ft. in the northwest comer for additional greenspace. The pond on the southern portion of this site has been moved to the golf course property. Mr. Rogness requested that paragraph C.5. of the proposed Resolution be revised to delete "park dedication" and insert at the end "Park dedication for Lot 2, Block 1 shall be paid in the amount of S1,000." MOTION by Carroll to adopt a resolution approving the Final Planned Unit Development Preliminary Plat for Construction 70, Inc., as revised. Second by Wippermann. Ayes: Wippermann, Busho, Carroll, Edwards, and Cisewski. Nays: 0. Motion carried. Ped/Bituminous Roadways Mineral Extraction Permit Renewal Community Development Director Rogness presented the application by Bituminous Roadways, Inc. for renewal of its mineral extraction permit for property located south of CSAH 42, east of Hwy. 52. Approximately 35,000 tons will be extracted in 1999. No changes to the permit are requested. MOTION by Cisewski to renew the mineral extraction permit for the Ped property for 1999 subject to the attached draft conditions of operation. Second by Edwards. Ayes: Busho, Carroll, Edwards, Cisewski, and Wippermann. Nays: 0. Motion carried. Public Hearing: Continuation of Conley Avenue Street Utility Improvements /Order Plans Specifications. City Project #303 Mayor Busho opened the Public Hearing for the Continuation of Conley Avenue Street Utility Improvements /Order Plans Specifications, City Project #303, continued from April 6, 1999. Public Works Director Osmundson summarized plans for public improvements to Conley Avenue. Ponding issues with the golf course have been resolved. MnDOT notified the city that 2 1 1 access to 140th St. from SH52 will be closed and that it will contribute $350,000 towards funding the improvements. Construction is expected to start by the first part of July. Mayor Busho invited comments from the audience. Don Kem of Koch Industries spoke in support of the improvements. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 1999 Marlin Rechtzigel, 14727 Clayton Ave had concerns about the setback of the storm water holding pond from CR42. Additionally, he indicated that alignment of Conley Avenue and future changes to the 42/52 interchange may result in a portion of his property being landlocked. Osmundson responded to Mr. Rechtzigel's concerns, indicating the pond will be relocated and will be approximately 75' -80' from the centerline. Rechtzigel's property will be dealt with in future planning. MOTION by Carroll to close the Public Hearing. Second by Edwards. Ayes: Five. Nays: 0. Motion carried. MOTION by Edwards to adopt a Resolution for the approval of the project and ordering the preparation of plans and specifications for the Conley Avenue Street and Utility Improvements, City Project #303. Second by Wippermann. Ayes: Carroll, Edwards, Cisewski, Wippemiann, and Busho. Nays: 0. Motion carried. Danner, Inc. Mineral Extraction Permit Renewal Community Development Director Rogness presented the application by Danner, Inc. for renewal of its mineral extraction permit for property located south of CSAH 42, east of Hwy. 52. Rogness displayed pictures demonstrating the mining activity. Approximately 75,000 tons will be extracted in 1999. No changes to the permit are requested. MOTION by Edwards to approve the mineral extraction permit for Danner, Inc., subject to the attached draft conditions of operation for 1999. Second by Cisewski. Ayes: Edwards, Cisewski, Wippermann, Busho, and Carroll. Nays: 0. Motion carried. Authorize Hiring of Water Resource Coordinator Public Works Director Osmundson presented the request to hire Alyson Morris for the Water Resource Coordinator position. Six applicants were interviewed for the position. Osmundson responded to questions concerning the projects Ms. Morris would be working on. Ms. Morris is expected to start May 10. Mayor Busho requested that Ms. Morris be introduced at the May 18 3 city council meeting. MOTION by Edwards to authorize the hiring of Alyson Morris as Water Resources Coordinator subject to the passing of the pre employment physical and driver's license check. Second by Busho. Ayes: Five. Nays: 0. Motion carried. Announcements Coffee with the Council on May 8, from 9:00 -10:30 a.m. at the Community Center. Mayor Busho adjourned the regular meeting at 8:30 p.m. Respectfully submitted, iffeet Susar�M. Wa18If, City Clerk 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 1999 Dianne G. Quinnell Recording Secretary The City Council Agenda Packet is Clerk's File 1999 -14 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 4, 1999, at 7:31 p.m. in the Council Chamber's at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Carroll, and Edwards present. Also, present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Police Chief Kalstabakken, Interim Parks Recreation Director Schultz and Community Development Director Rogness. City Attomey LeFevere led the group in the Pledge of Allegiance. There were no public comments or changes to the agenda. Additional information was provided to complete the minutes of April 14, 1999 Committee of the Whole meeting, Item. 6.b. and a memo supporting a variance request to Dakota County for access for Item 8.a. M.W. Johnson Preliminary Plat and Rezoning for Oakridge Estates was provided by representing Attorney Hansen. Public Sculpture Report Community Development Director Rogness presented a plan to refurbish the sculpture west of the Senior Apartments at Burma and 145th Street, and to enhance the plaza for public use. The sculpture needs painting and stabilization. A bench, planters, and a trash receptacle would be arranged setting a standard design that could be used throughout the downtown area. The Port Authority has agreed to finance the total project cost of up to $11,500. MOTION by Cisewski to proceed with the Sculpture Project, including a new bench, trash receptacle and planters as proposed by city staff with the condition we have gotten agreement with the property owner for public access. Second by Carroll. Ayes: Carroll, Edwards, Cisewski, Busho. Nays: None. Motion carried. Arbor Day and Arbor Month Proclamation Interim Parks Recreation Director Schultz presented a proclamation for Arbor Day in participation of the Tree City USA program and the National Arbor Day Foundation. The City of Rosemount will celebrate Arbor Day on May 15, 1999, with Public Works staff and Dakota Electric staff by giving away 150 six to eight foot trees to residents. The entire month of May is set aside as Arbor Month. MOTION by Edwards to approve the proclamation identifying May 15, 1999 as Arbor Day and the month of May as Arbor Month. Second by Cisewski. Ayes: Four. Nays: None. Motion carried. Consent MOTION by Edwards to approve the Consent Agenda. Second by Cisewski. Ayes: Cisewski, Busho, Carroll, Edwards. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 1999 a. Minutes of April 20, 1999, Regular City Council Meeting b. Minutes of April 14, 1999, Committee of the Whole Meeting c. Approval of Bills Listing d. Donation Account Expenditure for Council e. Reschedule Second Meeting in June f. Temporary 3/2% Beer License Receive Feasibility Rea ort/Set Public Hearing for 1999 Bituminous Overlay, City Project 306 Public Works Director Osmundson reviewed the street overlay project for Rosemount Hills 3rd Addition, west of Dodd Boulevard, including Charlston Way, Charlston Court and 131st Street West. These streets were constructed in 1983, then sealcoated in 1989 and 1991. A structural bituminous overlay is necessary to sustain the integrity of the streets. There are 32 lots which will be assessed approximately $742 each. An open house will be held for residents with questions or concerns on May 11, 1999 from 6:00 p.nr. to 7:00 p.m. at the Rosemount Community Center Auditorium. MOTION by Busho to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND SETTING A PUBLIC HEARING FOR THE 1999 STRUCTURAL OVERLAY IMPROVEMENTS ON CHARLSTON WAY, CHARLSTON COURT AND 131ST STREET IN THE ROSEMOUNT HILLS 3RD ADDITION, CITY PROJECT 306. Second by Edwards. Ayes: Busho, Carroll, Edwards, Cisewski. Nays: None. Motion carried. M.W. Johnson Preliminary Plat and Rezoning for Oakridge Estates Community Development Director Rogness reported that the Planning Commission held a public hearing for Oakridge Estates. This development would divide the 53 -acre parcel into ten lots with a street going north -south through the center with access on McAndrews Road (County Road 38) and then ending on the northern boarder. Dakota County is objecting to the access on Count Road 38 because it is inconsistent with their access spacing guidelines based upon a four -lane design and projected traffic volumes of 17,000 ADT. The County would require access to be aligned with Danbury Avenue which is partially on a neighboring parcel. The Planning Commission recommended that the City Council consider requesting a variance from Dakota County Plat Commission for access on McAndrews Road at the point indicated on the preliminary plat. The developer agreed to reimburse city staff for their time. City Council discussed various options. Approval of the rezoning to Rural Residential and approval of the preliminary plat will be withheld until the results of the variance request is known. MOTION by Edwards to direct staff to apply for a variance to Dakota County access spacing guidelines with the Dakota County Plat Commission. Second by Carroll. Ayes: Carroll, Edwards, Cisewski, Busho. Nays: None. Motion carried. Steve Grahoski of M.W. Johnson Construction, Inc. explained some back ground information and answered questions from City Council. 2 1 1 Joint and Cooperative Agreement with Local Government Information Systems Police Chief Kalstabakken reported on the police records management systems, access to computer aided dispatch data, and mobile computer devices. Council is asked to consider approval for joining the Local Government Information Systems (LOGIS) consortium in order to provide these services. Fiber optics through cable are not available with LOGIS at this time. The cable company is expanding with fiber- optics, and the LOGIS system may opt to use this in the future, but not at this titre. Congressman Bill Luther's office contacted Kalstabakken today to inform him that a matching grant was approved for the City of Rosemount which will allow more officers to remain on the street and speed up getting valuable information through technology. This grant will help fund this improvement. MOTION by Busho to approve A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO ACCEPT LOCAL GOVERNMENT INFORMATION SYSTEMS LOGIS) JOINT AND COOPERATIVE AGREEMENT AND APPOINTING THE CITY ADMINISTRATOR AS DIRECTOR AND THE FINANCE DIRECTOR AS ALTERNATE DIRECTOR. Second by Edwards. Ayes: Edwards, Cisewski, Busho, Carroll. Nays: None. Motion carried. Announcements Mayor Busho noted that the Rosemount High School will be having Prom on May 15th. The High School held today a simulated car crash with participation from the Rosemount police, fire, and public works, the Minnesota Highway Patrol, emergency helicopter transport, and White Funeral Home. Also, a 6th grade essay contest on grandparents was held today at the Community Center. Upcoming events include: May 6th is CMC Development grand opening for Bloomfield; Coffee with Council on May 8 at 9:00 a.m. to 10:30 a.m. at the Community Center bandroom; May 11 is open house for City Project 306; and May 12 is open house for Dakota County Diamond Path to 160th Street Improvements at 6:30 p.m. Further city events are the citywide garage sale May 14 -15; flower sale May 15; Arbor Day Tree Giveaway May 15; Clean-Up Day May 22; Dog/Cat License Rabies Clinic May 22; and Police Dept. Unclaimed Property Sale May 22. Mayor Busho asked Council to consider dates for a strategic planning review on May 28 -29, June 4 -5, or June 25 -26. Please contact the Administration Department with your preferences. Mayor Busho adjourned the meeting at 9:04 p.m. Thomas D. Burt, City Adm. /Deputy Clerk The City Council Agenda Packet is Clerk's File 1998 -15. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 1999 Respectfully submitted, Linda Jentink, R-cording Secretary ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MAY 12, 1999 Pursuant to due call and notice thereof a Committee of the Whole meeting was duly held on Wednesday, May 12, 1999, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Wippermann, Edwards, Carroll and Cisewski present. Also present were City Administrator Burt, Community Development Director Rogness, Public Works Director Osmundson, Chief of Police Kalstabakken, and Asst. to Adm/Clerk Walsh. Y2k Contingency Plan City staff provided an update on Y2K. Staff is working on the various contingency plans which will be completed in June. The Council was provided a Y2K brochure prepared by the American Red Cross. Council agreed the brochures should be made available to the public. Brochures will be ordered and placed at city hall and the community center. Staff also advised the churches within the city would be contacted to find out how they are preparing for Y2K. Census 2000 Community Development Director Rogness summarized a request from the Census Bureau concerning a local count committee. This group would fulfill two goals, including the need for residents to be aware of the 2000 Census and the benefit of a high participation rate. Rogness provided three general options, ranging from the fomiation of a new volunteer committee to the use of an existing group. After some discussion, the council agreed that the existing structure of the city (council and staff) can handle the tasks as necessary, including the marketing of the information through media and city mailings /newsletter. Dakota County Shop Site The City received an inquiry from Dakota County regarding land use of its current shop site on Biscayne Avenue. Community Development Director Rogness summarized its status as being currently zoned Public /Institutional and guided for Business Park. However, the proposed 2020 Comprehensive Plan designates the 8 -acre site as most appropriate for urban Residential. Council expressed support for this residential land use designation and were also open to some lower density affordable housing on the site. Burt will provide a written response to the County's administrator for further discussion between the City and County staff. Outside Sales Peddlers License /Farmers Market Staff provided information on the city's Zoning Ordinance and licensing requirements for outdoor sale events and markets within commercial areas. The zoning regulations allow a wide range of outdoor sales to occur within the C -2 and C -3 Districts, but it is much more restrictive in the C -1 and C -4 Districts. For example, C -4 allows outdoor display of merchandise only if such goods are sold within the building on that premise at a limit of two days. The city's peddlers license requirements also have restrictions (i.e. hours of operation). The council asked staff to review potential changes to the city's ordinances that would permit/regulate a farmer's market activity, but restrict other outdoor sales that may be more competitive to the existing businesses. 1 Work Plans City Council reviewed the Work Plan and gave suggestions. This item will be presented at a future Committee of the Whole meeting. Facility Plan Council and staff reviewed the drawings prepared by Vanney Associates for modifications to city hall. The drawings included expansion of the police department, moving the council chambers to the upper level and improving the customer service area by the upper lobby and receptionist area. Council directed staff to continue working with the architect and provide additional information regarding a phasing plan and related costs. Barton Gravel/Commercial Asphalt Driveway to 160th Street Public Works Director /City Engineer Osmundson was alerted that Barton Gravel /Commercial Asphalt operation located south of 160th Street in Empire Township wanted to construct a permanent driveway to 160th Street which align with Shannon Parkway. This may or may not be a problem to the city, but Osmundson wanted to inform the Council that during the construction of County Road 46 there would be significant truck traffic on Shannon Parkway and that the Council should be prepared for numerous complaints. An alternative access would be to line up with Diamond Path at the Apple Valley /Rosemount /Lakeville border, which would be a County Road access. Due to the fact that Shannon Parkway is a State Aid roadway, trucks cannot be prohibited form utilizing this street. Council directed Osmundson to draft a letter to be sent to Empire Township requesting that the alignment with Shannon Parkway not be allowed. Department Head Car Allowance Council discussed car allowances for department heads and whether or not they should be continued. City Administrator Burt recommended that car allowances be incorporated into the department heads' salary ranges. Members of the Council questioned whether car allowances were justified and requested more information on this matter. There being no further business, the meeting was adjourned. Attest Susan M. W h, City Clerk The City Councfl Agenda Packet is Clerk's File 1999 13. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MAY 12, 1999 Respectfully submitted, Thomas D. Burt, City A inistrator Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 18, 1999, at 7:30 p.m. in the Council Chamber's at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Wippermann, Carroll, and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, Assistant to Administrator /Clerk Walsh, Public Works Director Osmundson, Police Chief Kalstabakken, Interim Parks Recreation Director Schultz, Community Development Director Rogness, and Finance Director May. Council Member Cisewski led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 1999 There were no public comments. Item 5.c. was added to the agenda, "America's Promise, The Alliance for Youth Update." A table of housing types was distributed for Item 10.a. Concept Residential Planned Unit Development Kelley Trust. Presentation and Acceptance of 1998 Comprehensive Annual Financial Report (CAFR) Finance Director May presented the annual audit for 1998. Jerome Reutzel of Boeckermann, Heinen Mayer gave a brief presentation and answered questions. The City has now received the Certificate of Achievement for Excellence in Financial Reporting for two years in a row. That award and this audit indicates that the methods of recording and compliance is excellent. Mayor Busho directed questions that showed the City's finances are healthy, the Bond Rating is A -2, and the Fund Balance is maintained at 50% of the budget. Finance Director May noted that projections for income estimates could be more aggressive in the future. The City is on a good course financially. MOTION by Wippermann to adopt A RESOLUTION ACCEPTING THE 1998 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Second by Edwards. Ayes: Busho, Carroll, Edwards, Cisewski, Wippermann. Nays: None. Motion carried. National Public Works Week Proclamation Public Works Director Osmundson noted the theme for National Public Works Week is "Advancing Your Community." Osmundson said the Public Works employees average 18 years of experience each. They are exceptional workers and make a great team. Mayor Busho proclaimed May 16 through May 22 National Public Works Week and extended the City Council's thanks for the great job the Public Works Department is doing. America's Promise, The Alliance For Youth Sheila Klassen presented an update on the national report that the City of Rosemount participated in, "Report to the Nation" from America's Promise The Alliance For Youth. This is a new nation- wide campaign to help point kids in the right direction, to set goals, and have dreams. The nearly 500 page "Report To The Nation 1999" lists the City of Rosemount contacts for youth programs and services. General Colin L. Powell is Chairman for America's Promise and wants to reinforce every youngster in America with an ongoing relationship with a caring adult; a safe place with structured 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 1999 activities during non school hours; a healthy start; a marketable skill through effective education; and an opportunity to give back through community services. These five elements will endow a child with character and competence.; Council supports these initiatives plus the Family Resource Center and Teen Night and value the youth of Rosemount. Consent Agenda MOTION by Wippemtann to approve the Consent Agenda. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. a. Minutes of May 4, 1999 Regular City Council Meeting b. Approval of Bills Listing c. 1999A General Obligation Improvement Bond Issue Authorizing Issuance and Setting Bond Sale d. Cable Franchise Summary for Publication e. Building Valuation Data 1999 f. Declare Surplus Property g. Receive Plans Spec's /Ordered for Bid -Koch Minnesota Trail, City Project 311 h. Receive Petition for Biscayne Avenue Watermain Firefighters Relief Association Benefits Adjustment Receive Feasibility Report /Order Plans Specifications for Water Tower -East Side Water Study, City Project 302 Public Works Director Osmundson hired engineers from Bonestroo, Rosene, Anderlik and Associates to report on the water volume for firefighting capabilities to the industrial east side of Rosemount. It provides for some alternatives and a phased plan. It is recommended to build a 500,000 gallon water tower near the Rich Valley Golf Club on County Road 42, City Project 302A. The next phase would be extending water lines from the water tower to the industrial area on Costley Ave and then north to Koch Refining, City Project 302B. Property owners will be assessed for water main work from City Project 302 in the amount of $260,460. MOTION by Carroll to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT FOR THE EAST SIDE WATER SYSTEM IMPROVEMENTS AND ORDER PLANS AND SPECIFICATIONS FOR THE EAST SIDE WATER TOWER, CITY PROJECT 302A. Second by Edwards. Ayes: Edwards, Cisewski, Wippermann, Busho, Carroll. Nays: None. Motion carried. Public Hearings Mayor Busho opened the Public Hearings at 8:05 p.m. The Recording Secretary noted that the Affidavits of Notification were on file. Busho explained the public hearing process. 1 1 Public Hearing: 1999 Structural Overlay. City Project 306 ROSENIOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 1999 Public Works Director Osmundson reviewed the public informational meeting which was attended by 14 residents for the structural overlay of 131st Street, Charlston Way, and Charlston Court, Rosemount Hills 3rd Addition. These streets were originally constructed in 1983. In order to maintain these streets a structural overlay is recommended. The assessments would be estimated at $742 per residential lot. Mayor Busho opened the hearing for public continent. Joe Balsanek, 13068 Charlston Way, questioned the timing of this project. The development of the property to the west could cause a connection with 131st Street which would require grading and resurfacing. Also, if that is connected next year, additional traffic may occur causing the road to break down sooner. Balsanek also noted that Dodd Road, the connecting road for them to Hwy 3, is the only part of the historic Dodd Road from St. Peter to St. Paul that is not paved. Balsanek said he would like to see Dodd Road paved soon. Mayor Busho noted that if 100% of property owners presented a petition for Dodd Road to be paved at their expense then the paving would be completed. It was noted that Dodd Road is scheduled for improvements in the 2006 CIP Budget. MOTION by Busho to close the Public Hearing for the 1999 Structural Overlay, City Project 306, Rosemount Hills 3rd Addition. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Council discussed options and concluded that to delay the overlay would risk extensive damage to the base and result in a larger expense later on. MOTION by Cisewski to adopt A RESOLUTION ORDERING THE PROJECT, ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS, APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE 1999 STRUCTURAL OVERLAY AND APPURTENANT WORK, CITY PROJECT 306. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards, Cisewski. Nays: None. Motion carried. Public Hearing: Application for On -Sale Wine License for Brockway Golf Club Assistant to the City Administrator Walsh presented the application by Julie Lenertz, owner of Brockway, Inc. for an on -sale wine license for Brockway Golf Club at 13500 South Robert Trail Lenertz currently holds an on -sale 3.2% beer license. She has applied for the wine license which entitles her to sell strong beer requiring food receipts are at least 60% of the restaurant sales. Council asked for clarification on if the beer can be carried on the golf course or would be restricted to the club house and patio? Walsh and City Attorney LeFevere will verify state laws on this issue. Council also asked the Fire Marshall to check on the seating capacity of the club house. Lenertz's responded to Council's questions and noted that she would desire that the license would apply to the entire golf course. E.B. McMenomy, 4122 143rd Street West, commented in favor of the wine license for Brockway Golf Club. He noted that all golf courses he has played have offered beer on the course. MOTION by Busho to close the Public Hearing for Application for On -Sale Wine License for Brockway Golf Club. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. Council discussed options. Carroll said he would vote in favor of this wine application. The four other Council members did not feel they had enough information. MOTION by Busho to table the issuance of an on -sale wine license to Brockway, Inc. for the Brockway Golf Club, 13500 South Robert Trail. Second by Edwards. Ayes: Edwards, Cisewski, Wippermann, Busho. Nays: Carroll. Motion carried. M.W. Johnson Prelimina Plat Rezonin for Oakrid e Estates ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 1999 Community Development Director Rogness reviewed the request of the developer to change the zoning from Agriculture to Rural Residential in order to create ten lots from a parcel that is 53.2 8 acres. A variance was applied for and received from Dakota County for access to County Road 38 (McAndrews Road). MOTION by Edwards to rezone the 53.28 acres located at 3839 McAndrews Road to Rural Residential, consistent with the Comprehensive Guide Plan. Second by Wippermann. Ayes: Edwards, Cisewski, Wippermann, Busho, Carroll. Nays: None. Motion carried. Community Development Director Rogness continued with the preliminary plat approval request for Oakridge Estates with developers Steven Grohoski and M.W. Johnson Construction, Inc. The property is owned by Karen L. Coffee and is located at 3839 McAndrews Road. The street design is centrally located through the property ending at the northern border with a temporary cul -de- sac. Discussion was held on differing exits for the street and the benefit or disadvantage for neighboring properties and possible development issues. John Sleizer, owner of the property to the northwest objected to the blacktop street coming to the northern border because of the closeness of his yard. Sleizer preferred an easement for driveway access and a cul -de -sac set back from the property line. Steve Grohoski noted that the easement could be approved over the right of -way and City Attorney LeFevere agreed. The Steins, property owners to the northeast, preferred an easterly extension for the street into the center of their property, however this could possibly landlock the Sleizer property. Council felt this would be unfair to the Sleizers, whereas the northern exit does supply access to both properties. MOTION by Edwards to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR OAKRIDGE ESTATES using the diagram of M.W. Johnson with the cul -de -sac ending before the northern property. Second by Wippermann. Discussion ensued. Community Development Director Rogness suggested that the alternative for the street development should be in written form to be described in item 3. of the resolution. Council agreed to a friendly amendment to the motion as such. Item 3. will read, "The internal public street shall 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 1999 include right -of -way to the northern boundary of the platted property with a temporary cul -de -sac approximately 250 feet south of the northern boundary; a deposit or other satisfactory form of security shall be provided to the city in order to complete the full street construction at a future date." Amended motion: MOTION by Edwards to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR OAKRIDGE ESTATES with Item 3. as amended. Second by Wippermann. Ayes: Wippermann, Busho, Carroll, Edwards, Cisewski. Nays: None. Motion carried. Receive Petition and Order Feasibility Report for Oakridge Estates, City Project 310 Public Works Director Osmundson requested approval for the petition to install street and utility improvements in the Oakridge Estates Addition. The petition was signed by 100% of the property owners benefiting from the proposed improvements. MOTION by Wippermann to adopt A RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FOR OAKRIDGE ESTATES ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 310. Second by Edwards. Ayes: Busho, Carroll, Edwards, Cisewski, Wippermann. Nays: None. Motion carried. Mayor Busho called for a ten minute recess. The meeting was reconvened at 10:00 p.m. Concept Residential Planned Unit Development Kelley Trust, Contractor Property Developers Co. Community Development Director Rogness reviewed the Planning Commission's public hear ings for the Concept Plan for the Kelley Trust Planned Unit Development. Revisions have been made and Contractor Properties Development Company was present to display the types of housing expected to transition from urban to rural residential. Jim Johnston, Tim Erkkila, Mark Putman and Homer Tompkins gave presentations and answered questions. The development consists of 536.3 acres including land dedicated for Shannon Park. Undevelopable land for slopes and wetlands leaves 460 acres as net developable acreage. A total of 1,153 units are proposed; 100 units will be senior housing, 210 would be multi family attached housing, and 843 would be single family detached. There will be 76 acres of open space, 30 acres of wetlands or ponds, and 40 acres of park land. The net density is 2.5 units per acre. The housing is to be distinctive, ranging from middle to high priced homes. 20% of the homes will he on the west side of Shannon Parkway and 80% of the homes on the east side of Shannon Parkway. The Developers described this as a community with green space, walking trails within and access to the local downtown area. Plans do not include a community center or village center. Because of the late hour, Contractor Properties Development Company was invited to return at the next City Council meeting to continue their presentation. 5 1 1 Announcements Mayor Busho reminded all of the Dog/Cat License Rabies Clinic May 22; and Police Department. Unclaimed Property Sale May 22; and also Clean-Up Day sponsored by the City. The next regularly scheduled City Council meeting is June 1, 1999. Mayor Busho commended staff for the Arbor Day tree give -away and celebration on May 15. Mayor Busho adjourned the meeting at 11:30 p.m. Susan M. Walsh ity Clerk The City Council Agenda Packet is Clerk's File 1998 -17. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 1999 Respectfully submitted, Linda Jentink, Recording Secretary Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 1, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 1, 1999, at 7:30 p.m. in the Council Chamber's at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Edwards, Cisewski, Wippernlann, and Carroll present. Also present were City Attomey LeFevere, City Administrator Burt, Assistant to Administrator /Clerk Walsh, Public Works Director Osmundson, Police Chief Kalstabakken, Interim Parks Recreation Director Schultz, Community Development Director Rogness, and Fire Chief Aker. Police Chief Kalstabakken led the group in the Pledge of Allegiance. There were no public continents. Item 9.a. was added to the agenda, "Meetings with John Shardlow." A memo dated April 22, 1999 was distributed for Item 7.a. Concept Residential Planned Unit Development Kelley Trust. David Gisch from Dakota County Presents Pine Bend Industrial Group Risk Management Report David Gisch is Emergency Preparedness Manager for Dakota County. Gisch reported on the consolidated effort of the Pine Bend Area industrial companies to comply with U.S. Environmental Protection Agency (EPA) mandates to prepare risk management plans for businesses that make, use or store certain toxic or flammable chemicals. This industrial group includes CF Industries, Continental Nitrogen, DPC Industries, Koch Petroleum Group, Northern States Power, and Spectro Alloys. A Hazardous Assessment of accidental impact on the community is due by June 22, 1999, to EPA. Local elected officials, city, county, and state representatives niet on April 8. Employees and local residents will receive a flyer intended to inform them of cautions and responses. Gisch complimented Rosemount's police and fire emergency staff and their involvement. MOTION by Edwards to approve the Consent Agenda. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. a. Minutes of May 18, 1999 Regular City Council Meeting b. Minutes of May 12, 1999 Committee of the Whole Meeting c. Approval of Bills Listing d. Donation Account Expenditure for D.A.R.E. e. Payment 115, Bloomfield Addition Street Utility Improvements, City Project 292 f. Payment 111 Change Order N1, Wensmann 12th Addition Street Utility Improvements, CP 287 g. Payment 111, Shannon Pond South Street Utility Improvements, City Project 288 h. Payment 1!2 Final, Fleet Development Sanitary Sewer Improvements, City Project 296 i. Receive Bids /Award Contract, McNamara Addition Phase 2 Street Utility Improve., CP 304 j. Lot Consolidation for Business Park k. Rich Valley Industrial Park Final Plat I. No Parking Resolution for Conley Avenue 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 1, 1999 m. Receive Plans Spec's /Order Ad for Bid, Conley Avenue Street Utility Improv.,C.P. 303 n. Set Special Committee of the Whole Meetings for June 14 o. Receive Feasibility Report, Business Park, Phase 2 Street Utility Improve., City Project 308 P. Receive Feasibility Report, Biscayne Pointe 2nd Addition Street Utility Improve., C.P. 309 q. State Aid System Revisions Concept Residential Planned Unit Development Kelley Trust: Contractor: Property Developers Co. Community Development Director Rogness reviewed changes to the resolution for approval of the concept Planned Unit Development (PUD). City Council reviewed the conditions and Public Works Director Osmundson's memo dated April 22, 1999. City Attorney LeFevere prepared a paragraph clarifying limits and amendments to the PUD. Both the developer and City Council were aware that housing unit type numbers may change slightly in future plan preparation, but the total unit number allowed (1153) should not change. If any increases were proposed for each of the ten housing unit types an amendment request to the resolution would be required to be reviewed and approved by the City Council. MOTION by Edwards to adopt A RESOLUTION APPROVING THE CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR CONTRACTOR PROPERTY DEVELOPERS COMPANY as amended by the City Council subject to review by Mayor Busho, City Attorney LeFevere, and Community Development Director Rogness. Second by Cisewski. Ayes: Cisewski, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Mayor Busho called for a ten minute recess at 9:55 p.m. The meeting was reconvened at 10:05 p.m. Hiring of Building Official City Administrator Burt reviewed the selection process used to choose Mick A. Kaehler for the Building Official position. Kaehler is currently the Building Official for Vadnais Heights and has worked previously for Hastings and Oak Park Heights. A condition of employment will be obtaining a septic license allowing for inspection of private septic systems within the City. This condition could extend the probation period to one year. MOTION by Carroll to approve the hiring of Mick Kaehler for the position of Building Official with the condition that Mr. Kaehler obtain his on -site septic license within one year of his start date and that his probation extend beyond six months up to one year or until he obtains that license. Second by Busho. Ayes: Wippermann, Busho, Carroll. Edwards, Cisewski. Nays: None. Motion carried. 1 Zoning Text Amendment for Initiation of Ordinance Amendments Conununity Development Director Rogness reported on his research of State Statutes concerning the initiation of and process required for zoning ordinance text amendments. A proposed change in the process would allow City Council to give direction early in the review process. The property owner would petition the City Council, and then they would forward the petition to the Planning Commission for a public hearing. After the public hearing, the petition request would return to the City Council with a recommendation from the Planning Commission. A sixty day review is required, which can be extended another sixty days. Additional input was requested establishing a process that staff would use. MOTION by Busho to table the adoption of an ordinance for a zoning text amendment by petition. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Announcements City Administrator Burt requested City Council to choose a date for a meeting with John Shardlow regarding four issues for the City: 1) Highway 52 Corridor; 2) Mining activities; 3)Conunercial area; and 4) Affordable housing. Discussion ensued. Mayor Busho called a special meeting on Wednesday, June 23, 1999, at 6:30 p.m. for a work session. Mayor Busho reminded all of the D.A.R.E. graduation on June 2; Rosemount High School graduation on June 11; and that the next City Council meeting which has been changed to Monday, June 14, at 7:30 p.m. with a special work session prior to it at 6:00 p.m. Mayor Busho adjourned the meeting at 10:47 p.m. S san M. lsh, City Clerk The City Council Agenda Packet is Clerk's File 1998 -18. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 1,1999 Respectfully submitted, 6271;e2-6/4 Linda Jentink, Recording Secretary Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on June 9, 1999, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Cisewski, Edwards and Carroll present. Councilmember Vipperman was absent. Staff members in attendance were City Administrator Tom Burt and Assistant to Administrator Susan Walsh. Consultant Karen Ray was also in attendance. Turek Backyard Drainage Problem Councilmember Edwards introduced Bob Turek to the Council and discussed the drainage problems in Mr. Turek's backyard at 14345 Crimarron. Mr. Turek advised that he has sold his property but is afraid that children will get hurt on the rock pile located in the rear yard. Administrator Burt advised that he will meet with Mr. Turek the next day. Y2K Update Staff provided an update to the City Council on Y2K activities. Staff reported on a meeting with church representatives where discussion was held on how local churches and the city are preparing for Y2K. Department heads are continuing to work on their contingency plans, which will be presented, to Council at the July committee of the whole meeting. Computer Use Policy Assistant to Administrator Walsh presented the first draft of a computer use policy. Councilmember Edwards recommended that staff look at the State's policy and possibly draft the city policy similar to theirs. Another draft of the policy will be presented at the July work session. Dakota County CIP 2000 -2004 City Administrator Burt reviewed Dakota County's capital improvements budget for the years 2000 through 2004. Burt advised that the Cities of Lakeville and Inver Grove Heights had to provide the site and infrastructure plus cash contributions in order to have a county library located in their communities. He also pointed out that Rosemount does not meet the County's criteria for a library at this time. It was noted that the County is considering expansion of the Galaxie library in Apple Valley. Council requested that Administrator Burt infomr the County that Rosemount is still interested in having a library and that a new library in Rosemount would eliminate the need to expand the one on Galaxie Avenue. Discussion was also held on the type of library that would be best for Rosemount, and it was suggested that the special service library might be the most appropriate. Council concurred with the other projects listed in the CIP, and directed staff to request the County to budget for extra tune lanes at the intersection of CR42 and TH55. 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JUNE 9, 1999 Car Allowances Work Plan/Mission Statement ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JUNE 9, 1999 City Administrator Burt presented salary survey information collected from cities of comparable size. Burt advised that the removal of the car allowance pay would cause department heads' salaries to be below the market average and that even with the inclusion of car allowance, some of the salary ranges were still below the average rate. There was discussion on including the car allowance as part of the salary ranges except for the police chief position. It was suggested that the police chief could have the option of receiving a car allowance subject to having his car fit with appropriate radio equipment and driving a car appropriate for police business. The other option would be to provide the chief with a city car. Council concurred this issue should be addressed and reviewed again with the 2000 operating budget discussion. Consultant Karen Ray reviewed with Council the Work Plan and proposed Vision and Mission Statements for the City. Following discussion, Council identified six priority issues from the work plan. They are Commercial Enhancement, Business Growth, Property Maintenance, Community Policing and Library. Members of the Council provided additional changes to the mission and vision statements. Staff and council will address these six priorities through the budget process. Parks Recreation Director Position Councilmember Cisewski advised that she and Tom Burt and Susan Walsh met this date and narrowed the application field down to five candidates. Council agreed to interview the candidates on Friday, June 25, at 1:30 p.m. at Central Park Shelter. There being no further business, the meeting was adjourned. Respectfully submitted, The City Council Agenda Packet is Clerk's File 1999 -19. 2 Sus ann M Wsfsh, City Clerk 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 14, 1999 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was held on Monday, June 14, 1999, at 7:30 p.m. in the Council Chambers. Mayor Busho called the meeting to order with Councilmembers Cisewski, Wippermann, and Carroll present. Councilmember Edwards was absent. Also in attendance were City Administrator Burt, Assistant to Administrator Walsh, Public Works Director Osmundson, Community Development Director Osmundson, Police Chief Kalstabakken, Finance Director Jeff May. Councilmember Wippermann led the group in the Pledge of Allegiance. There were no public comments. Bid results and resolutions were provided to Council for contract award for Koch Minnesota Trail and for 1999 Bituminous Overlay Projects. Councilmember Wippenmann submitted his letter of resignation from the City Council effective June 30, 1999. Councilmember Wippermann advised that it has been a privilege and honor to serve as a councilmember for the past eleven and one -half years, but regretfully must resign because of his job relocation to Lenexa, Kansas. C Age MOTION by Wippermann to approve the Consent Agenda with the addition of the bid results for Koch Minnesota Trail and 1999 Bituminous Overlay. Second by Carroll. Ayes: 4. Nays: None. Motion carried. J• a. Minutes of June 1, 1999 Regular City Council Meeting b. Approval of Bills Listing c. Laidlaw Environmental Services, Inc. Rosemount Community Trust Annual Audit d. Letter Declining the Payable Year 2000 Transit Tax Levy by the City of Rosemount e. Renewal of 3.2% Malt Liquor Licenses for 1999 -2000 f. Receive Bids, Award Contract for Koch Minnesota Trail, City Project 311 g. Receive Bids, Award Contract for 1999 Bituminous Overlay, City Project 306 h. Receive Feasibility Report, Order Project, Order Plans and Specs. For Oakridge Estates, City Project 310 i. Payment #4 Change Order #3 for Wensmann 11 Addition, City Project 298 Gambling Premises Permit Renewal for Rosemount American Legion 1999 t Bi s and Awar Im Finance Director May presented the bids that were opened at 10:00 a.m. this date at Springsted, Inc. The lowest bid cane in at 4.6962% which May advised was a higher rate than projected. He added that even though it was higher than expected, it is still a fair rate compared to approximately two years ago. May and Springsted Consultant Sharon Klump recommended that Council accept the bid. 1 ,rI 'm'1 Ifni MOTION by Cisewski to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $3,715,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A AND PROVIDING FOR THEIR ISSUANCE. Second by Carroll. Ayes: Cisewski, Wippermann, Busho, Carroll. Nays: None. Motion carried. Zoning, Text Amendment for Initiation of Ordinance Amendments Discussion was held on the second draft of an ordinance to amend the zoning text amendment process. The new process requires the applicant to complete an application form and provide proposed text for the ordinance amendment. Council will then review the application and consider formally accepted it. If this occurs, it will then be forwarded to the Planning Commission for public hearing and recommendation. MOTION by Wippermann to adopt AN ORDINANCE AMENDING ORDINANCE B, THE ZONING ORDINANCE FOR ZONING TEXT AMENDMENTS. Second by Cisewski. Ayes: Wippermann, Busho, Carroll, Cisewski. Nays: None. Motion carried. r 1 1 1 ro' r0 Receive F' si 1 ilit Re P rt et Public Engineering Consultant Bret Weiss provided an overview of the project that includes construction of a pumping station outlet that will control the water level of the pond. It was noted that higher than normal rainfall in recent years and the development of Country Hills has contributed to the water level rising higher than acceptable levels. The lift station would be constructed on the western edge of the pond and the forcemain would be constructed southerly along Diamond Path to County Road 42. It would then flow by gravity to Wensmann Pond outlets and eventually to Shannon Pond. Total estimated project cost is 51.5 million. Weiss discussed with the City Council how this project between Rosemount and Apple Valley would work and advised the costs would be shared according to the portion of drainage areas flowing into Birger Pond. MOTION by Carroll to ADOPT A RESOLUTION RECEIVING THE FEASIBILITY REPORT /SETTING THE PUBLIC HEARING FOR BIRGER POND OUTLET IMPROVEMENTS, CITY PROJECT #262. Second by Cisewski. Ayes: Busho, Carroll, Cisewski, Wippermann. Nays: None. Motion carried. 1' S'• 1 I1 t. 11 earl Mayor Busho opened the public hearing to consider a cattery license application submitted by Larry and Cheri Pelzel, 15450 Darling Path. Assistant to Administrator Walsh advised the Pelzels application is for a residential cattery license for five household cats. Walsh further advised the application is in order and recommended approval. MOTION by Wippermann to close the public hearing. Second by Busho. Ayes: 4 Nays: None. Motion carried. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 14,1999 er P 1 Announcements The City Council Agenda Packet is Clerk's File 1999 -20. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 14, 1999 MOTION by Carroll to approve the issuance of a cattery license to Larry and Cheri Pelzel, 15450 Darling Path effective to March 31, 2000. Second by Cisewski. Ayes: Carroll, Cisewski, Wippermann, Busho. Nays: None. Motion carried. Mayor Busho and Councilmembers Cisewski and Carroll and City Administrator Burt will be attending the League of Minnesota Cities Annual Conference this week. Farmington will have an informal meeting concerning railroads on June 21. Joint Council/Planning Commission meeting on June 23, at 6:30 p.m. with Planning Consultant John Shardlow. There will be an open house for Councilmember Dennis Wippermann on Monday, June 28, from 6 to 8 p.m., at Central Park Shelter. Council will be interviewing five candidates for the Parks Recreation Director position on Friday, June 25, starting at 1:00 p.m. There being no further business, the meeting was adjourned. Respectfully submitted, Sus M. Walsl Assistant to Administrator Pursuant to due call and notice thereof a special work session, Committee of the Whole, of the Rosemount City Council and the Planning Commission was duly held on Wednesday, June 23, 1999, at 6:30 p.m. at the Rosemount City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Cisewski, Carroll, and Edwards; Planning Commissioners Droste, Shoe Corrigan, Tentinger, Weisensel and Klassen; and City Administrator Burt, Community development Director Rogness, and City Planner Pearson. Mayor Busho reviewed the four topics for long -range planning discussion: 1) aggregate mining, 2) Highway 52 corridor, 3) commercial center, and 4) affordable housing. The Mayor then introduced John Shardlow, planning consultant with DSU of Minneapolis. Shardlow gave a brief presentation on the importance of developing a framework for important development issues within the community. He then led a discussion on each of the four issues. AGGREGATE MINING Shardlow showed a series of slides from past/current sand and gravel mining operations in Apple Valley. The main objective there was to consolidate operations and end -use plans for all mining operators, which resulted in a coordinated approach to mitigation and regulation. Rogness displayed a map of the current five mining operations of approximately 225 total acres in Rosemount, which is approximately 1% of the city's total land supply. The city is also centered in a large high- quality sand deposit area of Dakota County. A number of issues and questions were then identified by Council and Commission members that were summarized by Shardlow for future review and discussion. HIGHWAY 52 CORRIDOR Rogness displayed a map of the highway corridor that identified various current land uses and future growth boundaries. He further identified improvements to this area, including the proposed water tower and frontage road. Mayor Busho emphasized the importance of a vision for this area that may include a difference between short-term (or interim) uses and long -term permanent uses. It was noted that mining may be an interim use that will prepare the land better for the development of buildings, parking lots, etc. The draft 2020 Comprehensive Plan also introduces a new zoning district in this area for mix of commercial and industrial uses. A number of issues and questions were then identified by Council and Commission members that were summarized by Shardlow for future review and discussion. COMMERCIAL CENTER ROSEMOUNT CITY PROCEEDINGS SPECIAL JOINT MEETING Committee of the Whole JUNE 23, 1999 Rogness provided a summary of the recently completed draft Commercial Area Design Enhancement Plan. The major areas o focus for public involvement in the next 5 -10 years will he the connection of commercial development along Highways 3 and 42. This will be done primarily with enhancements, including decorative lighting, landscaping, banners, etc. Shardlow indicated that most downtowns fail without an effort to organize themselves, similar to the structure of mall operations. He also said that many small, older downtowns survive based on low rent/ownership 1 costs, and that a change to higher rents because of new streets, sidewalks, or other direct costs does not sit well with them. A number of issues and questions were then identified by Council and Commission members that were summarized by Shardlow for future review and discussion. AFFORDABLE HOUSING Although little time remained for discussing housing issues, a number of issues and concerns were identified by the group: fair share of accepting affordable housing, maintenance codes, and the distribution/number of rental units in Rosemount. One or more follow -up meetings will be scheduled. Mayor Busho adjourned the meeting at 9:10 p.m. The City Council Agenda Packet is Clerk's File 1999 -22. ROSEMOUNT CITY PROCEEDINGS SPECIAL JOINT MEETING Committee of the Whole JUNE 23, 1999 Respectfully submitted, Dan Rogness Community Det, ent Director 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 25,1999 Pursuant to due call and notice thereof a Special Meeting was duly held on Friday, June 25, 1999, at 1:00 p.m. in the Central Park shelter next to City Hall. Mayor Busho called the meeting to order with Councilmembers Edwards, Carroll and Cisewski present. Also present was City Administrator Burt. The purpose of the meeting was to interview applicants for the position of Parks and Recreation Director. Five candidates were interviewed. MOTION by Edwards to offer the position of Parks and Recreation Director to Daniel Schultz. Second by Cisewski. Ayes: four. Nays: None. Motion carried. There being no further business, the meeting was adjourned. Respectfully submitted, Attest,: Susan M. alsh, City Clerk 1 Thomas D. Burt, City�Administrator 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 6, 1999, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Edwards, Cisewski, and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Police Chief Kalstabakken, Police Lieutenant Kuhns, Interim Parks Recreation Director Schultz, Community Development Director Rogness, and Building Official Kaehler. Police ChiefKalstabakken led the group in the Pledge of Allegiance. There were no public comments. An items was added to the Consent Agenda, "No Parking On Diamond Path" The resolution for Item 9.a., Rezoning Request at 2925 145th Street West, Polfus Site, was distributed because the second page was omitted from the original packet. City Administrator Burt distributed an updated memo for the Draft 2000 Budget. Citizen Appreciation Awards for Assistance to the Police Department Police Chief Kalstabakken and Lieutenant Kuhns presented awards to three citizens whose help in three different situations aided in the arrest and conviction of burglars. Due to their observations and actions the police were able to apprehend and arrest these criminals who were found to have done similar crimes in other counties as well. Mr. Thomas Davis, manager at McDonalds restaurant, noticed ceiling tiles moved in the men's bathroom, he waited for the suspect to come out, and then detained him until police arrived. Mr. Claude Sower, employed at Cannon Equipment noticed an unfamiliar person in the building, he checked the parking lot for an unfamiliar car and took down its license number. The man was confronted, gave a vague answer and left carrying a briefcase. Later it was learned that that briefcase was a laptop computer. The license plate provided helped police track down the suspect. Mr. Douglas Meggitt was at home at 11:30 a.m. when he heard someone enter the house. He initially hide. but when they cane near he confronted them, they fled and he was able to give a good description of the truck and the direction of travel. Because all three men reported to the police immediately and were observant, police officers were able to track and arrest these criminals. Cooperation from citizens is essential in solving all crimes and is greatly appreciated. Mayor Busho called for a five minute break in order to congratulate Davis, Sower, and Meggitt. The meeting was resumed. Hirin of Parks Recreation Director ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1999 City Administrator Burt reported that five applicants had been interviewed on June 25th, by himself and City Council. Dan Schultz was offered and accepted the position. An accepted psychological profile was done by PDI. Congratulations to Parks Recreation Director Schultz. MOTION by Edwards to approve the hiring of Dan Schultz as Parks and Recreation Director. Second by Cisewski. Ayes: Busho, Carroll, Edwards, Cisewski. Nays: None. Motion carried. Consent Agenda MOTION by Edwards to approve the Consent Agenda with the addition of Item 6.u. No Parking on Diamond Path. Second by Cisewski. Ayes: Four. Nays: None. Motion carried. a. Minutes of June 14, 1999 Regular City Council Meeting b. Minutes of June 9, 1999 Committee of the Whole Work Session c. Approval of Bills Listing d. Budget Amendments e. Temporary 3.2% Malt Liquor Licenses and Temporary Intoxicating Liquor Licenses f. NSP Easement g. Approve Subdivision Agreement for Rosemount Commons Addition, City Project 300 h. Payment #6, Bloomfield Addition Street Utility Improvements, City Project 292 i. Payment #2, Wensmann 12th Addition Street Utility Improvements, City Project 287 j. Payment #2, Shannon Pond South Street Utility Improvements, City Project 288 k. Payment #5, Final, Change Order for Geronime Pond 2nd Addition Street Utility Improvement. City Project 293 1. Approve Plans Spec's /Order Ad for Bid for Bloomfield 2nd Addition Street Utility Improvements, City Project 299 m. Award Contract for Rosemount Commons Street Utility Improvements, City Project 300 n. Receive Plans Spec's /Order Ad for Bid for Biscayne Pointe 2nd Addition Street Utility Improvement, City Project 309 o. Receive Plans Spec's /Order Ad for Bid for Oakridge Estates Street Utility Improvements, City Project 310 P. Receive Petition /Order Feasibility Report for Hollenback Nelson Storm Drain Improvements, City Project 305 q. Approve Cooperative Agreement for Conley Avenue r. Order Public Hearing for Biscayne Avenue Watermain, City Project 312 s. Biscayne Pointe Second Addition Final Plat t. No Parking on CR 46 u. No Parking on Diamond Path Rezoning Request at 2925 145th Street West, Polfus Site Community Development Director Rogness presented the request to rezone the property at 2925 145th Street West by owner David Finnegan from C -2 to C -4. This would enable Finnegan to move an automotive business there. The public hearing was held at the Planning Commission Meeting on June 8, 1999 at which time the Commission recommended denial of the rezoning. The majority of Conunissioners felt that land south of CSAH 42 was the preferred area for this type of use. Polfus' John Deere dealership is using the building presently. Council agreed with the Planning Commission to keep automotive business away from the core of downtown and encourage automotive businesses to look at the CSAH 42 business area which is zoned C -4 presently. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1999 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6,1999 MOTION by Edwards to adopt a resolution for denial of a rezoning requested by Mr. David Finnegan based upon findings of fact. Second by Cisewski. Discussion ensued. Some in the audience asked to comment. Mayor Busho, Councilmembers Edwards and Cisewski gave consensus that this was not an appropriate time for additional comments since the public hearing had already been held. Councilmember Carroll noted he would like to hear the audience comments. MOTION to call the question by Councilmember Edwards. Second by Busho. Ayes: Cisewski, Busho, Edwards. Nays: Carroll. Moved to previous motion. Ayes: Edwards, Cisewski, Busho. Nays: None. Present: Carroll. Motion carried. Mayor Busho called for a five minute recess at 8:10 p.m. The meeting was resumed at 8:15 p.m. PLIBLIC HEARING: Birger Pond Outlet Improvements, City Project 262 Mayor Busho described the public hearing process. The affidavits of notice and publication were on file with the City Clerk's office. Public Works Director Osmundson opened the public hearing by reviewing the City project to lower the water level of Birger Pond about 9 feet. This will require a permanent lift station to move the water to the south end of Rosemount down Diamond Path to CSAH 42 then southeasterly to Shannon Pond. The total cost is about $1.5 million to be shared with the City of Apple Valley. Pat Lynch with the Department of Natural Resources was present to assist with questions as well as Bret Weiss from WSB Consulting Engineers. The water level would be taken from 901 feet to 892 feet. Residents around the lake complained that the level hadn't been maintained earlier and that 892 feet level was too low. The majority were in favor of the project but had concerns about what kind of mess might be left behind on the shore line to clean up. Osmundson said the City would assist with dead tree clean up as much as possible. Lynch noted that natural prairie grasses will seed themselves on the shore line. Pam Carlson, 4483 Upper 135th Street West, told of buckets, tires, animal syringes, and garbage that has continued to float up to her property. She asked if the sewer had been capped on the old farmstead. Staff did not think it was, nor that it was necessary. The well had been capped. Carlson also asked for compensation of property easement for the shoreline. Bill Schultz, 4363 Upper 135th Street West was in favor of the project, but would like the low level higher than 892 feet. Osmundson said they can re- evaluate that after a time. Cliff Carlson, 13540 Diamond Path, Apple Valley, requested a neighborhood meeting. The water level is up 9 'h feet since he has lived there. The loss of large trees has been tremendous. Councilmember Edwards believed a neighborhood meeting would help work through some pubic issues. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1999 MOTION by Busho to close the public hearing for Birger Pond Outlet Improvements, City Project 262. Second by Edwards. Ayes: Busho, Carroll, Edwards, Cisewski. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PLANS AND SPECIFICATIONS FOR THE BIRGER POND OUTLET IMPROVEMENTS, CITY PROJECT 262. Second by Busho. Ayes: Carroll, Edwards, Cisewski, Busho. Nays: None. Motion carried. Staff was directed to organize a neighborhood meeting to work out issues and report back to the City Council. City Attorney LeFevere noted that trial law has shown that cities are not liable for water level changes even when development has occurred near by. Request Variance for Working Hours for CSAH 42. McNamara Phase 2 Improvements. City Project 304 Public Works Director Osmundson presented a request from Ryan Contracting, Inc. to work during the night to complete City Project 304. Dakota County restricts work time from 9:00 a.m. to 3:00 p.m. because of peak traffic times. If nights were worked also, it would only require about ten days to complete, but four to six weeks will be needed with the restricted times. An alternate route will be used when necessar via 151st Street West. Curb and gutter with storm water drainage systems will be complett on CR 42 from Shannon Parkway to Chippendale Avenue. MOTION by Busho to deny approval to allow a change in working hours from 8:00 p.m. to 6:00 a.m. for the McNamara Addition Phase 2 Improvements, City Project 304. Second by Cisewski. Ayes: Edwards, Cisewski, Busho, Carroll. Nays: None. Motion carried. Select AUAR Consultant for Kelley Trust Community Development Director Rogness presented three proposals for completing the Alternative Urban Areawide Review (AUAR) process for the 530 acre Kelley Trust property. The cost of this environmental review process will be totally paid by the developer. Council selected Bonestroo, Rosene, Anderlik Associates because of their qualifications, past experience with the City, and lower cost. The other two proposals were from Barton Ashman and SRF Group. MOTION by Cisewski to approve the selection of Bonestroo, Rosene, Anderlik Associates to complete a Alternative Urban Areawide Review (AUAR) for the 530 -acre Kelley Trust Property at a cost not to exceed $62,250.00 Second by Carroll. Ayes: Cisewski, Busho, Carroll, Edwards. Nays: None. Motion carried. Councilmember Appointment Process City Administrator Burt reviewed the process used in 1996 to appoint a councilmember. An application was prepared which was similar to the commission/committee application. About three 4 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1999 residents had expressed an interest in the position. Mayor Busho expressed a desire for a smooth transition and appointing someone who would be well aware of issues and projects now in process. Edwards also noted that someone with experience in the city process would be beneficial. Cisewski was cautious that a qualified resident may be overlooked if the interview process was not followed. Carroll strongly urged Council to advertise, take applications, and interview applicants. MOTION by Edwards to appoint a person to City Council this evening. Second by Cisewski. Discussion ensued. MOTION by Edwards to call the question. Second by Cisewski. Ayes: Edwards, Cisewski, Busho. Nays: Carroll. Moved to previous motion. The motion on the floor was polled. Ayes: Busho. Edwards, Cisewski. Nays: Carroll. Motion carried. Mayor Busho called for a five minute recess. The meeting was reconvened at 9:50 p.m. Discussion ensued with the recommendation that Planning Commissioner Sheila Klassen be appointed to the Councilmember position. Klassen was a previous City Councilmember, she has worked hard in support of the City. and has added to the support of the youth programs in Rosemount. She developed the grant requests and other funding resources for the Family Resource Center and the application and awarding of the "Community of Promise." Carroll noted that he would vote "present" due to the lack of an open process for selection. Carroll noted that Klassen is indeed a qualified applicant. MOTION by Edwards to appoint Sheila Klassen as City Councilmember beginning July 20, 1999, at the next regularly scheduled meeting. Second by Busho. Ayes: Edwards, Cisewski, Busho. Nays: None. Present: Carroll. Motion carried. City Administrator Burt noted that the selection process for the vacant Planning Commissioner position would be discussed at the Committee of the Whole work session. Announcements Next week the following meetings will occur: July 12, Utilities Commission; July 13, Planning Commission; July 14, Committee of the Whole; and July 15, Waste Water Treatment Plant Informational Meeting.. Councilmember Carroll announced that he would be resigning from City Council effective July 14, 1999. 1 Mayor Busho adjourned the meeting at 10:05 p.m. Respectfully submitted, 1 1 The City Council Agenda Packet is Clerk's File 1999 -23. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 1999 Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE July 14, 1999 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on July 14, 1999, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with the following Councilmembers present: Cisewski and Edwards. Staff members in attendance were City Administrator Burt, Police Chief Kalstabakken, Community Development Director Rogness, Public Works Director Osmundson, City Clerk Susan Walsh. Vision /Mission Statement: Council reviewed the latest version of the vision and missions statements. Several suggested revisions were offered and the statements will be redrafted. They will be brought back to the Council for further review. Y2K Contingency Plan Update: Police Chief Kalstabakken and Public Works Director Osmundson reviewed the contingency plans they prepared because of Year 2000 issues. Contingency plans were drafted in the event the city experiences power outages on or shortly after January 1, 2000. Council agreed with the proposed plans. Staff will prepare handouts for Leprechaun Days and continue to work on keeping citizens informed on necessary Y2K information. Individual Sewage Treatment Systems: Community Development Director Rogness provided a status report on the city's maintenance program for all Individual Sewage Treatment Systems (ISTS). Fifteen properties have not complied with the first "round" of the 2 -year maintenance requirement for inspections. Rogness asked the council whether staff should begin legal action or notify the property owners again of noncompliance. After discussion, the council asked staff to notify all fifteen properties through a strongly worded letter that they are in violation which will result in misdemeanor penalties. This notification should either be hand delivered or sent by certified mail. In addition, all future non- compliance letters should include similar language regarding penalties. Police Comprehensive Recruitment Plan: The Council discussed a draft recruitment plan. The plan was felt to be too general in nature. Direction was given by Council to return with a recruitment plan that included information on the current use of staff, a strategic plan for the Department, costs associated with various recruitment and selection methods, and an explanation of a selection process to be used for police personnel. Use of Computers, E -mail System and Internet: Council reviewed the latest draft of a policy regarding computers, e-mail and Internet. It was noted the policy is similar to the Internet guidelines for State Employees. Direction was given to staff to revise certain sections of the policy and only refer to this policy as use of e-mail. This will be brought back to Council for further review at the August work session. Appointment Process for Vacancies: Council agreed the appointment process for filling Kevin Carroll's seat on the City Council would be through an application and interview process. Council concurred that in addition to the legal requirements for city elected officials, preference should be given to residents who have lived here at least three years and actively involved in a city or community commission for at ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE July 14, 1999 least five years. Council directed staff to begin preparing press releases and report for the July 20, 1999 Council meeting. Budget 2000: City Administrator Burt address the following items in the proposed 2000 operating budget and requested Council direction on each of these items: Citizen Survey: Council concurred funds should be budgeted for this item with the intention of receiving donations to pay for consultant fees. Building Division Staff Needs: Council concurred with the immediate need to advertise for a full -tine building inspector and part-time clerical person because of the increased activity in building inspections. Council also agreed that an additional full -time inspector position be included in the 2000 operating budget. Since the economy or the city's growth may slow down in two to three years, staff was directed to fill this position with the candidate's understanding the position may exist for only a certain number of years. Staff was also directed to evaluate extending business hours at city hall for inspections and other departments to meet customer needs. Police Chiefs Car Allowance: Council requested they be provided additional information on the city vehicle inventory and maintenance program. Fire Marshal: Council requested information on potential liability issues with regards to this position. CairnsIRIS: This item is included in the budget but will be discussed again by the Council. Public Works Employees: Council concurred with contracting the custodial position and using the some of the funds from this position to hire another maintenance worker (non- custodial). Council also agreed to fill the existing maintenance worker position if there is a vacancy. Parks Recreation Staffing: Council concurred the arena manager position should be eliminated from the budget. Staff was also directed to evaluate the rental coordinator position for possible revisions to job responsibilities and to continue meeting with the National Guard with regards to the City maintaining their half of the building. There being no further business, the meeting was adjourned. Respectfully submitted, 1 %A& Susan Wals• City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 1999 Mayor Busho gave the Oath of Office to Sheila Klassen for the appointment to the position of City Councilmember. Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 20, 1999, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Edwards, Cisewski, and Klassen present. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, City Planner Pearson, Police Chief Kalstabakken, Parks Recreation Director Schultz, and Assistant to the Administrator /Clerk Walsh. Councilmember Klassen led the group in the Pledge of Allegiance. There were no public comments or changes to the agenda. Northern States Power Company New Community Relations Manaeer Colette Jurek Colette Jurek introduced herself as new Community Relations Manager for Northern States Power Company. Jurek noted she is available to answer questions from the Newport office. Selection Process for Councilmember Appointment At a recent work session, Committee of the Whole, City Council was able to discuss the deadline of Friday, August 6, at 4:00 p.m. for applications for the Councilmember position. Press releases and notice posted were requested. Council would prefer residents who have lived in Rosemount for three years or more and that have within the last five years participated in a community or civic committee or organization. Staff was directed to prepare an appropriate application. Consent Agenda MOTION by Edwards to approve the Consent Agenda. Second by Cisewski. Ayes: Four. Nays: None. Motion carried. a. Minutes of July 6, 1999 Regular City Council Meeting b. Minutes of June 23, 1999 Committee of the Whole Work Session c. Approval of Bills Listing d. Appointment of Mayor Pro -Tem e. Safe and Sober Grant Resolution f. Approve Dakota County Agreement on McNamara Phase 2, City Project 304 g. Winds Crossing Administrative Plat h. Leprechaun Days Service Agreement and Authorization for Street Closings i. Receive Plans Spec's /Order Ad for Bid for Birger Pond Outlet Improvements, City Project 262 j. Appointment of Vermillion River WMO Delegate k Suspension /Termination of Employee 1. Hiring of Recreation Supervisor 1 Request to Extend Personal Leave of Absence City Administrator Burt said that Tom Murphy was requesting an extension for his medical leave which expires on July 26, 1999. The Personnel Policy states that City Council can approve a leave of absence up to one year. A full year would be completed on October 6, 1999. MOTION by Cisewski to extend Tom Murphy's Leave of Absence to October 6,1999. Second by Klassen. Ayes: Klassen, Busho, Edwards, Cisewski. Nays: None. Motion carried. Ordinance Refutations for Tattoo and Body Piercing Establishments Police Chief Kalstabakken explained that due to potential health problems associated with tattoo and body piercing establishments, the Council directed that an ordinance be established to regulate tattoo and body piercing establishments. A fee of $250 for a business license and $25 for a personal service license is suggested. The owner /operator of the current establishment in Rosemount has reviewed the ordinance and agrees with it. This is the first reading, it will be brought to Council at the next regular meeting, August 3. Hiring of Police Officer ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 1999 Police Chief Kalstabakken reviewed the selection process which included an application screening, written test, interview and background investigation. Kalstabakken recommends Beth Richtsmeier who has successfully completed the required medical, psychological examination, and drug testing. MOTION by Edwards to approve the hiring of Beth Richtsmeirer for the positon of Police Officier. Second by Cisewski. Ayes: Busho, Edwards, Cisewski, Klassen. Nays: None. Motion carried. Shafer Contracting Zoning Text Amendment City Planner Pearson reviewed the application for the Shafer Contracting /Lance Johnson Mineral Extracation Operation to expand from 35 acres to 93 acres total. The current operation is a non- conforming use in the Agriculture District. The zoning text amendment would legitimize the use and enable the applicant to proceed with the Conditional Use Permit process for the expansion. The subject of mineral extraction in general is being studied by a consultant for future Council discussion. However, Shafer Contracting has a purchase agreement for the Johnson property and requests that the Council approve the zoning text amendment and conditional use permit at the next meeting on August 3, 1999. During the Public Hearing held on May 11 and May 25, 1999, neighbors expressed concerns on traffic due to the mining. Three Planning Commissioners were in favor of the request. They generally believed that the Shafer request offered the best opportunity to ultimately restore the property and be in support of local business. The two dissenting Commissioners felt that additional time was needed for Council policy direction. Discussion was held on a revised planting plan and buffers or berms for neighbors. The mining 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 1999 extraction permit requires yearly approval. Schafer indicated that the current operation would be depleted in three to five years. If additional land is obtained mining could continue up to twenty years. MOTION by Edwards to direct staff to prepare findings of fact in support of denial of the zoning text amendment for Mineral Extraction in the Agriuclture District. Second by Cisewski. Ayes: Edwards, Cisewski, Klassen, Busho. Nays: None. Motion carried. Shafer Contracting Conditional Use Permit for Mineral Extraction Due to discussion on the previous item, a motion was made. MOTION by Edwards to direct staff to prepare findings of fact in denial of the Conditional Use Permit. Second by Klassen. Ayes: Cisewski, Klassen, Busho, Edwards. Nays: None. Motion carried. PUBLIC HEARING: Biscayne Avenue Waternmin Improvements. City Project 312 Mayor Busho described the public hearing process. The affidavits of notice and publication were on file with the City Clerk's office. Public Works Director Osmundson opened the public hearing by reviewing City Project 312 to extend a watermain south on Biscayne from CSAH 42 to 160th Street. This is in the MUSA area but sewer would not come at this time, but in the near future from the west side of Highway 3. The request was made by Curt and David Fischer for future business development. This would complete a watermain loop that now ends at 160th Street and Biscayne Ave. Completing this loop would improve the water quality and pressure on 160th Street for which there have been complaints. The total cost is approximately $291,000, most of which will be assessed to adjacent properties. Several questions were asked for clarification from council and the audience. Mayor Busho called for public testimony. Doug Dehmlow, 15725 Biscayne Avenue, was against City Project 312. Dehmlow has a purchase agreement for the sale of this property which means he is liable for all of the estimated $8000 assessment. Dehmlow believed the Fischers would benefit from this improvement, but he would not benefit. Don Wachter, 15247 Biscayne Avenue was not opposed. He requested a fire hydrant near his home. He was concerned about the interest charges on the assessment. MOTION by Busho to close the public hearing for Biscayne Avenue Watermain Improvements, City Proejct 312. Second by Edwards. Ayes: Klassen, Busho, Edwards, Cisewski. Nays: None. Motion carried. 1 1 Council consensus was that allthough this will cause inconvience for some, the City is growing and progress must take place to keep abreast of development. MOTION by Edwards to adopt A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE BISCAYNE AVENUE WATERMAIN IMPROVEMENTS FROM CSAH 42 TO 160TH STREET, CITY PROJECT 312. Second by Busho. Ayes: Busho, Edwards, Cisewski, Klassen Nays: None. Motion carried. Announcements Mayor Busho noted that a letter dated July 6, 1999 was received containing a petition regarding the water level of Birger Pond. City Council is invited to be in the Grand Day Parade on July 31 to ride or drive golf carts. Leprechaun Days has many events taking place. The Mid- Summer Faire will have 19 vendors with a variety of foods and games, evening bands, and fireworks. The Koch Advisory Conunittee will meet on have an open house on Water Systems August 2, 6 pm- 9 pm at the Community Center. The Committee of the Whole will meet in September on the 15th. Birger Pond neighbors will meet on July 28, 1999, 6 pm to 7 pm at City Hall. Mayor Busho adjourned the meeting at 9:20 p.m. Su .n M. Wal City Clerk The City Council Agenda Packet is Clerk's File 1999 -25. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 1999 Respectfully submitted, frh Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 3, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 3, 1999, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Cisewski. and Klassen present. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Police Chief Kalstabakken, Parks Recreation Director Schultz, and Community Development Director Dan Rogness. Police Officer Richtsmeier led the group in the Pledge of Allegiance. Public Comment Charlie Koehnan, 12255 Rich Valley Blvd., stated that his neighbor, Lance Johnson Mining, owed $60,000 in back taxes. Staff indicated they were aware of that. Changes to Agenda Two items were added to the agenda: Item 7.a. Sculpture Color and Item 8.b. Set Meeting Dates. Also submitted was a revised resolution for Item 8. a. Zoning Text Amendment and Conditional Use Permit for Lance Johnson/Shafer Contracting. Community of Promise Update Sheila Klassen presented City Council with a "little red wagon" key chain as a reminder of the hopes and dreams childhood should represent. This is the logo associated with the America's Promise program headed by Colan Powell. The theme for the year is "Pointing a Kid in the Right Direction." The programs are indorsed by the League of Minnesota Cities. The Minnesota chapter, Minnesota Alliance for Youth will be at the Minnesota State Fair and City Councilmembers and staff are invited to participate. Council should let Klassen know by August 8 if they can participate so as to receive additional information for that. Swearing In of New Police Officer Mayor Busho administered the oath of office to Beth Richtsmeier for a City of Rosemount Police Officer. Ms. Richtsmeier has recently worked for the Anoka Police Department and previously worked as as a Community Advocate at Alexander house, as a domestic abuse program. Richtsmeier's family was present for the oath. Council welcomed Police Officer Richtsmeier. Consent Agenda MOTION by Edwards to approve the Consent Agenda. Second by Klassen. Ayes: Four. Nays: None. Motion carried. a. Minutes of July 20, 1999 Regular City Council Meeting b. Minutes of July 14, 1999 Committee of the Whole Work Session ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 3,1999 c. Approval of Bills Listing d. Donation Account Expenditure for Parks and Recreation Dept. e. Donation Account Expenditure for Police f. Donation Account Expenditures for Leprechaun Days g. Ordinance Regulations for Tattoo and Body Piercing Establishments h. Resignation of Firefighters i. Payment 1, Koch Minnesota Trail, City Project 311 j. Payment 3 Final, Broback Park Addition Street Utility Improvements, CP 279 k. Payment 5, Wensmann 11th Addition Street Utility Improvements, City Project 298 1. Payment 3, Wensmann 12th Addition Street Utility Improvements, City Project 287 m. Payment 3, Shannon Pond South Addition Street Utility Improvements, City Project 288 n. Payment 7, Bloomfield Addition Street Utility Improvements, City Project 292 o. Approve Quit Claim Deed for 140th Street East Access to Trunk Hwy 52 P. Set Public Hearing for Downtown TIF District Modification q. Amendment to Agreement to Acquire TSI Portacount r. Approve Subdivision Agreement and Petition Waiver Agreements; Receive Bids /Award Contract, Conley Avenue Improvements, City Project 303 s. Approve Subdivision Agreement, Receive Bids, Award Contract for Biscayne Pointe 2nd Addition, Street Utility Improvements, City Project 309 Sculpture Color Community Development Director Rogness presented samples of a copper color supplied by Sherman Williams Paint Company for the city sculpture in the downtown commercial area. The architect who designed the sculpture wished for it to remain with a reddish tint. Council would like to see a metalic copper, similar to automobile paint. Council requested test patches on the actual sculpture for color selection. Zoning Text Amendment and Conditional Use Permit for Lance Johnson /Shafer Contracting Community Development Director Rogness presented the Findings of Fact for denial of the Zoning Text Amendment and Conditional Use Permit by Lance Johnson and Shafer Contracting for expansion of the aggregate mining operation. The policies of the Comprehensive Guide Plan intended to protect agricultural land. Also, Council is in the process of examining the future of mining operations and they have not completed a series of workshops on this topic. Mayor Busho noted that Johnson has a current mining permit which would enable Shafer to operate it at this time. Council is not curtailing current mining operations. Dave Sellegren spoke on behalf of Shafer Contracting, noting that the property is isolated, the top soil is not sufficient for agriculture, and that past mistakes by the privious operator would be cleaned up. Shafer operates in other cities and has a very good standing with them and local neighbors. Shafer requested approval for the expansion by allowing mining in an agricultural zone under a conditional use permit as proposed intheir application. MOTION by Edwards to adopt a resolution for denial consisting of the five findings of facts for 2 1 a zoning text amendment request. Second by Klassen. Ayes: Edwards, Cisewski, Busho, Klassen. Nays: None. Motion carried. MOTION by Edwards to adopt a resolution for denial of a conditional use permit. Second by Cisewski. Ayes: Cisewski, Busho, Klassen, Edwards. Nays: None. Motion carried. Set Meetino Dates for Shardlow and Budget City Administrator Burt noted that two meetings are pending. One is a joint meeting with the Planning Commission to further investigate mining operations with meeting facilitator John Shardlow. Discussion ensued and August 25, 1999, at 6:30 p.m. was selected for the special work session. The other meeting is to set the budget for year 2000 prior to the September 7 deadline to Dakota County offices. August 31, 1999, at 6:30 p.m. was selected for the special meeting to discuss the Budget 2000 for the City of Rosemount. Announcements Mayor Busho reviewed the up- coming events: August 9 -15, the Dakota County Fair; August 9, Lions Picnic; August 10, noon, Rosemount Chamber of Commerce Meeting; August 11, Committee of the Whole; August 12, Relay for Life, a cancer benefit; and August 17, a Port Authority Work Session. Mayor Busho thanked volunteers and staff for their work and support of Leprechaun Days. Everyone had a great time and it was considered a sussessful 20th aniversary of Leprechaun Days. Mayor Busho adjourned the meeting at 8:05 p.m. The City Council Agenda Packet is Clerk's File 1999 -26. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 3, 1999 Respectfully submitted, Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 17, 1999, at 7:31 p.m. in the Council Chamber at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, and Cisewski. Councilmember Klassen was absent and one council position remains open. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osnnmdson, and Conmwnity Development Director Dan Rogness. Community Development Director Dan Rogness led the group in the Pledge of Allegiance. Chanties to Agenda Two items were added to the agenda: Consent Item 6.j. Approve Final Plat and Subdivision Agreement and Receive Bids and Award Contract, Oak Ridge Estates, City Project 310 and New Business Item 9.b. Employee Resignation. Public Comment Glen Dykes, 14387 Embassy Way, Apple Valley and Elroy Sell, 2975 145th Street East, Rosemount spoke on behalf of the members of St. John's Lutheran Church. They wish to erect a directional sign to their church at 14385 Blaine Avenue, Rosemount. This sign would be placed on the south side of County Road 42 and 145th Street West at the most easterly end on University of Minnesota property. The intention would be to leave the sign for a year or two, while the new homes are being built east of City Hall. Pennission has been granted from the University of Minnesota. City Planner Pearson informed St. John's that a sign in that area is prohibited by City Ordinance. It is the request of St. John's Lutheran Church to petition for an amendment or special permission to erect this sign. Council acknowledged their request and will consider this in a work session for an amendment to the sign ordinance. Mayor Busho noted that this could take six months and asked for their patience. Response to Public Comment Community Development Director Rogness responded to a public comment that reported that Johnson Mineral Extraction was delinquent in their gravel mining tax to Dakota County. This is likely due to one or several past operators and not Johnson. This is the responsibility of Dakota County to enforce, not the City of Rosemount. However, our conditions in the mineral extraction permit do note that all taxes must be paid. Staff will send a letter to the Dakota County Auditor to request their evaluation of this matter and review the need for this condition at the next renewal time for Johnson's permit. AUAR Process for Kelley Trust Property Community Development Director Rogness reported that Bonestroo, Rosene, Anderlik Associates have set a schedule for the Kelley Trust Alternative Urban Areawide Review (AUAR) of the 535 acre site. A Technical Advisory Committee will be formed to include many agency representatives. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 1999 An initial meeting of the committee will be August 26 at City Hall. City Council is invited to attend and updates will be given regularly. Consent Agenda MOTION by Cisewski to approve the Consent Agenda removing Item 6.1. for discussion and adding Item 6.j. Second by Edwards Ayes: Three. Nays: None. Motion carried. a. Minutes of August 3, 1999 Regular City Council Meeting b. Minutes of June 25, 1999 Special Meeting c. Approval of Bills Listing d. Final Payment, Chippendale Avenue Street Utility Improvements, City Project 290 e. Final Payment 1998 Structural Overlay of Stonebridge Addition, City Project 301 f. Final Payment 1999 Structural Overlay and Appurtenant Work, City Project 306 g. Receive Resignation from Public Works Employee h. Approve Final Plat and Subdivision Agreement; Receive Bids, Award Contract Bloomfield 2nd Addition Street Utility Improvements, City Project 299 i. Approve Pipeline Crossing Agreement with Union Pacific Railroad Co., City Project 309 j. Approve Final Plat and Subdivision Agreement and Receive Bids and Award Contract, Oak Ridge Estates, City Project 310 Added k. Purchase Land and Receive Plans Spec's /Order Ad for Bid, East Side Water Tower, C.P. 302 1. Resolution Supporting a Fee Increase for Deputy Registrars (Pulled for discussion) m. Donation Account Expenditure for Leprechaun Days n. Set Special Meetings for City Council o. Fee Resolution for Licenses For Tattoo and Body Piercing Establishments p. Approving the Plans Spec's /Order Ad for Bid, Biscayne Ave. Trunk Watermain Improvement City Project 312 Discussion of 6.1. Resolution Supporting a Fee Increase for Deputy Registrars Councilmember Edwards did not believe the City should lobby the legislature for fees that will also affect the private deputy registrars who are presently making a profit. City Administrator Burt noted that the City Hall Deputy Registrar fee is the maximum allowed at $3.50 per transaction which has not been raised for ten years. This does not at this time cover the costs of this service. MOTION by Busho to adopt A RESOLUTION SUPPORTING A FEE INCREASE FOR DEPUTY REGISTRARS. Second by Cisewski. Ayes: Edwards, Cisewski, Busho. Nays: None. Motion carried. 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 1999 PUBLIC HEARING: Vacation of Easements and Right -Of -Way for Rosemount Business Park Mayor Busho opened the Public Hearing for Vacation of Easements and Right -Of -Way for Rosemount Business Park. The affidavits of notice and publication were on file with the Planning Department office. Community Development Director Rogness noted that the Port Authority initiated a revised plat for the Rosemount Business Park. This will consolidate two lots for Geornetrix Company, define the Boulder Trail connection to Biscayne Avenue, and identify lots and blocks on the east side of the detention pond and the west side of Cannon Equipment. City approval is necessary for vacating the underlying easements and right -of -way that will no longer apply in the revised plat named the Rosemount Business Park Second Addition. Council decided to table action to the next regular meeting in order to evaluate property west of Canton Equipment. MOTION by Busho to close the Public Hearing for Vacation of Easements and Right -Of Way for Rosemount Business Park. Second by Edwards. Ayes: Three. Nays: None. Motion caned. MOTION by Busho to table action for Vacation of Easements and Right -Of -Way for the Rosemount Business Park to the September 7, 1999, regular City Council meeting. Second by Cisewski. Ayes: Three. Nays: None. Motion carried. Hiring of Building Inspector City Administrator Burt reviewed the hiring process for an additional building inspector. Four applicants were interviewed. Alan W. Strand was selected as most qualified. He has been an inspector for the City of Hastings for two years. MOTION by Edwards to approve Alan W. Strand for the position of building inspector. Second by Busho. Ayes: Three. Nays: None. Motion carried. Employee Resignation City Administrator Burt presented Council with the written resignation of Community Development Director Dan Rogness. Rogness has accepted a position with the Dakota County HRA as their Director of Community Development. Council and staff remarked that Rogness has a positive attitude, he is honest, gave great senice to citizens and was fun to work with. He will be missed. MOTION by Busho to accept the resignation of Dan Rogness effective September 17, 1999. Second by Edwards. Ayes: Three. Nays: None. Motion carried. Replacement of the Community Development Director position will be discussed further at the August 25, 1999, Special City Council Meeting at 6:00 p.m. 1 1 1 Announcements Mayor Busho reviewed the up- coming Council meetings and events. The trail from the Community Center to the middle school will be dedicated on Monday, August 23, at 7:00 p.m. School in this area starts on September 1 and 2. The High School football field will be dedicated on September 2. Mike Cook of the Countryside Newspaper will be changing jobs and his position there will be vacant for a while. Cook has taken a job with WCCO Channel 4 News. Mayor Busho thanked hint for the attention he has given to Rosemount in the newspaper and wished him well. Mayor Busho adjourned the meeting at 8:30 p.m. Susan :M. Walsh, City Clerk The City Council Agenda Packet is Clerk's File 1999 -28. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 1999 Respectfully submitted, Linda Jentink, Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 31, 1999 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Wednesday, August 31, 1999, at 6:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. In attendance were: Mayor Busho and Councilmembers Edwards, Cisewski, and Klassen and Jeff Caspar appointed Couneilmember. Also present were City Administrator Burt, Public Works Director Osmundson, Finance Director May, Police Chief Kalstabakken, Parks Recreation Director Schultz, Public Works Supervisor Rick Cook and Fire Chief Aker. Mayor Busho called the meeting to order. Staff presented the 2000 Budget for the City of Rosemount. Council directed staff on their concerns and desires for expenditures and priorities for the coming year. The City Council Agenda Packet is Clerk's File 1999 -31. Respectfully submitted, ri/Pt Thomas D. Burt, City Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 1999 The oath of office was given to Jeff Caspar by Mayor Busho for his appointment as City Councilmember. His partial term will be complete on December 31, 2000. Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 7, 1999, at 7:35 p.m. in the Council Chamber at City Hall. 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Cisewski, Klassen and Caspar present. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osnnutdson, Parks Recreation Director Schultz, and Community Development Director Dan Rogness. Councilmember Caspar led the group in the Pledge of Allegiance. Changes to Agenda One item was added to the consent agenda, 6.u. Hiring of Maintenance Worker. A typo was noted in the Executive Summary for Consent Item 6.n., the date of the public hearing, which should be October 5, 1999. Consent Agenda MOTION by Klassen to approve the Consent Agenda with the addition of 6.u.. Second by Edwards. Ayes: Five. Nays: None. Motion carried. a. Minutes of August 17, 1999 Regular City Council Meeting b. Minutes of August 25, 28, 1999 Special Meetings and Committee of the Whole Work Sessions c. Approval of Bills Listing d. Cable Joint Powers Agreement e. LCA Local Housing Incentives Program f. Payment #1, Rosemount Commons Street and Utilities Improvements, City Project 300 g. Payment #4, Wensmann 12th Addition Street and Utilities Improvements, City Project 287 h. Payment #4 Final, Shannon Pond South Street and Utilities Improvements, City Project 28 8 Payment #8, Bloomfield Addition Street and Utilities Improvements, City Project 292 j. Payment #4 Final, Stonebrigde 3rd Addition Street and Utilities Improvements, C. Proj. 295 k. Payment #6, Wensmann 1 1 th Addition Street and Utilities Improvements, City Project 298 1. Payment #1, McNamara Addition Phase 2 Street and Utilities improvements, City Project 304 m. Payment #2 Final, Koch Minnesota Trail and Appurtent Work, City Project 311 n. Declare Cost, Set Public Hearing 1998 Bituminous Overlay, City Project 301 o. Declare Cost, Set Public Hearing 1999 Structural Overlay, City Project 306 P. Declare Cost, Set Public Hearing Broback Park Street Utility' Improvements, C. Project 279 q Declare Cost, Set Public Hearing Fleet Development Sanitary Sewer Improv., City Project 296 r. Declare Cost, Set Public Hearing Geronime Pond 2nd Add'n. ST. Utility Improve., C.P. 293 s. Approve MCES Agreement for Sanitary Sewer Encroachment for Bloomfield 2nd Addn., City Proj. 299 t. Resolution Setting 2000 Preliminary Levy Budget Hearing Dates u. Hiring of Maintenance Worker Vacation of Easement and Right -of -Way for Rosemount Business Park ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 1999 Commmmity Development Director Rogness presented the need to vacate easements and right -of -way to allow a lot combination. The Port Authority had also reviewed this option and concluded it was in the best interest of the Rosemount Business Park. MOTION by Caspar to adopt A RESOLUTION CAUSING EASEMENT AND RIGHT -OF- WAY VACATION FOR ROSEMOUNT BUSINESS PARK FIRST ADDITION. Second by Cisewski. Ayes: Klassen, Busho, Caspar, Edwards, Cisewski. Nays: None. Motion carried. Fire Protection S stem O tion in Buildin Code Community Development Director Rogness reviewed the fire suppression ordinance with the plans for a water tower in eastern Rosemount. This situation leaves new businesses with the requirement to invest in a self containing suppression system with an on -site water reservoir and pump which is costly and only needed for one year. Staff requested that Council consider allowing an interim period of one year and then requiring an affected business to hook up to the municipal water system when it is in place. Attorney LeFevere also noted that to encourage new businesses the City must remain competitive with other cities. MOTION by Cisewski to adopt AN ORDINANCE RELATING TO FIRE SUPPRESSION SYSTEMS; AMENDING ROSEMOUNT CITY CODE SECTION 9 -1 -1C. Second by Edwards. Ayes: Busho, Caspar, Edwards, Cisewski, Klassen. Nays: None. Motion carried. Public Hearing: Downtown TIF District Modification Mayor Busho opened the Public Hearing for the Downtown Tax Increment Financing District Modification. The affidavits were on file. Community Development Director Rogness requested that the TIF Distnct be amended to allow the city to expend an additional $400,000 on property acquisition and commercial public improvements /enhancements. Based on recent estimates, the city may have approximately S600,000 to $700,000 to spend on these categories by 2000. Only $100,0(0 has been spent so far on lighting replacement on 145th Street West and a house acquisition on Burma Avenue. There have not been any negative comments to this point. No one in the audience was present to continent. The school district and Dakota County had thirty days notice to respond. MOTION by Busho to close the public hearing. Second by Klassen. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ADOPTING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1; AND ADOPTING THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN OF THE DOWNTOWN TAX INCREMENT FINANCING DISTRICT NO.1. Second by Caspar. 2 1 1 1 Ayes: Edwards, Cisewski, Klassen, Busho, Caspar. Nays: None. Motion carried. NSP Contr. ct for Central Park Li. htin Community Development Director Rogness asked for direction on the two commercial enhancement projects with decorative lighting. This was discussed also at the Port Authority meeting. Council consented to adding the additional lighting on the north side of 145th Street West. next to City Hall, to continue the same theme as east of Highway 3 on 145th Street West. The other project, lighting for Central Park and the park -n -ride lot on Highway 3 across from St. Joseph's Catholic church, was denied at this time until a schedule for completion can be established. MOTION by Busho to approve a contract with NSP to install decorative lights along the north side of 145th Street in front of City Hall contingent on the City Attorney's evaluation. Second by Edwards. Ayes: Cisewski, Klassen, Busho, Caspar, Edwards. Nays: None. Motion carried. Announcements Mayor Busho reviewed the up- coming events: Sept. 9 Hwy 52 Joint Meeting; Sept. 10 Teen Night; Sept. 13, Utilities Commission meeting; Sept. 14 Chamber Luncheon featuring enhancement projects for Rosemount; Sept. 14 Planning Commission meeting; Sept. 21, Koch Trail Dedication, noon; Sept. 21 Port Authority work session, City Council meeting; Sept. 24 Rosemount High School home coning; Oct. 6 -10 "Cities Week The "Cities Week" theme this year is Harvesting a Bright Future. This will include Fire Prevention. Violence Prevention, Crime Prevention, Veteran's Memorial dedication. This also is Dan Rogness' last meeting before he begins his new job with Dakota County HRA, best to him and he will be missed. Mayor Busho adjourned the meeting at 8:15 p.m. The City Council Agenda Packet is Clerk's File 1999 -32. ROSEMOUNT CTCY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 1999 Respectfully submitted, Linda Jentink, Recording Secretary 1 1 Pursuant to due call and notice thereof a Committee of the Whole Council Meeting was held on Wednesday, September 15, 199, at 6:30 p.m. in the Council Chambers. Mayor Busho called the meeting to order with Councilmembers Klassen, Edwards and Caspar present. Also in attendance was City .Administrator Burt, Assistant to Administrator Walsh, Parks and Recreation Director Schultz, City Planter Pearson, Public Works Director Osmundson. The following agenda items were discussed: ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE SEPTEMBER 15, 1999 U of M Update: Dewey Thorbeck of the Center for Rural Design, Land Planner Consultant for the University presented a concept for the development of the University property. The plans considered to be a "work in progress" organize the land into five zones: (1) The "Fields" contains an agricultural test plots; (2) The "Commons" may support new research facilities; (3) The "Front Yard" east of the technical college and includes a golf course east of Blaine Avenue; (4) The "Orchards" is located west of Blaine Avenue and south of the Commons and Front Yard; (5) The `Backwoods" in the extreme southern area relates to an area of unique plant communities including prairie and oaks that would be preserved. City Administrator Burt will send a letter outlining City issues including: joint use athletic fields, trail access, storm water management. the buffer zone along both sides of Biscayne Avenue and assessments for Biscayne Avenue. Comprehensive Guide Plan Update: City Planner Pearson and the Planning Commissioners briefly discussed the public hearing process for the Comprehensive Plan modification and some of the issues identified at the previous night's Planting Commission meeting. The Council directed that an article be written for the newspapers for explanation of the Comp Plan and the development process. Liquor License Fees: Assistant Walsh reviewed a survey of liquor license fees charged by surrounding cities and cities comparable in size. Council agreed the current fees charged by the City were low and directed staff to proceed in setting a public hearing to consider increasing the fees to amounts close to the average of the fees charged by the cities listed in the survey. The public hearing will be set for December 7, 1999. Hunting Restrictions: Discussion was held on moving the boundary lines of the city's hunting district further east due to current and future development. Council concurred that hunting only be permitted east of Akron Avenue and that special permits outside of this area should not be allowed. This change would take effect with the Year 2000 hunting season. Directional Sign Ordinance: Council discussed ideas and possible locations for entry monument signs for commercial districts in the city. 1 1 There being no further business the meeting was adjoumed. The Clerk's File Number for this Council Packet is 1999 -33. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE SEPTEMBER 15, 1999 Respectfully submitted, san Wj sh, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 21, 1999, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Cisewski, Klassen and Caspar present. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Parks Recreation Director Schultz, City Planner Pearson and Finance Director May. Public Works Director Osmundson led the group in the Pledge of Allegiance. Changes to Agenda One item was added to the consent agenda, 6.n. Rosemount Commons Subdivision Agreement Assignment. An Executive Closed Session was added as Item 12. for the purpose of discussion on litigation by Shafer Contracting Company. Consent Agenda Consent Items. 6.f., g., and j. are assessments which should list the term as five years rather than the ten years shown. The minutes of September 7 should be amended to show that Councilmember Caspar's term ends December 31, 2000. MOTION by Edwards to approve the Consent Agenda with the addition of 6.n Rosemount Commons Subdivision Agreement Assigmment, an additional 3 mobile data terminals added to Item 6.d. Declare Surplus Property, and changes to the assessment resolutions for Items 6.f., 6.g., and 6.j. Second by Caspar. Ayes: Five. Nays: None. Motion carried. a. Minutes of September 7, 1999 Regular City Council Meeting b. Minutes of August 31, 1999 Special Budget Meeting c. Approval of Bills Listing d. Declare Surplus Property e. Receive Petition /Order Feasibility Report for Biscayne Pointe 3rd Addition Street Utility Improvement, City Project 313 f. Declare Costs for Assessment /Set Public Hearing, Wensmann 12th Addition Street Utility Improvement, City Project 287 g. Declare Costs for Assessment /Set Public Hearing, Shannon Pond South Street Utility Improvements, City Project 288 h. Declare Costs for .Assessment /Set Public Hearing, Bloomfield Addition Street Utility Improvement, City Project 292 i. Declare Costs for Assessment /Set Public Hearing, Stonebridge 3rd Addition Street Utility Improvements, City Project 295 j. Declare Costs for Assessment/Set Public Hearing, Wensmann I lth Addition Street Utility Intproventents, City Project 298 k. Receive Bids. /Award Contract for Biscayne Ave.Watermain hnprovements, City Project 312 I. Declare Costs for Assessment /Set Public Hearing, Chippendale Avenue Street Utility Improvements, City Project 290 1 m. Declare Costs for Assessment/Set Public Hearing, 145th Street West, Street Utility Improvements, City Project 291 n. Rosemount Commons Subdivision Agreement Assignment Accept Bids and Award Sale G.O. Improvement Bonds, Series 1999B ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1999 Finance Director May presented the list of bidders for the bond sale held September 21. Norwest Investment Services, Inc. of John G. Kinnard Company was the lowest hid with the actual interest rate at 4.8151% for the $4,395,000 bonds. The bids were very competitive with ten companies bidding. MOTION by Cisewski to adopt a RESOLUTION ACCEPTING OFFER ON THE SALE OF $4,395.000 GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES 1999B, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. Second by Edwards. Ayes: Caspar. Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Accept Bids and Award Sale C.O. Improvement Bonds, Series 1999C Finance Director May presented the list of bidders for the bond sale held September 21. The low bidder was Miller, Johnson, Kuehn, Inc. of Dougherty Summit Securities LLC at an interest rate of 5.2138 There were four bidders. MOTION by Caspar to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF 5885,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1999C AND PROVIDING FOR THEIR ISSUANCE. Second by Edwards. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Wachter Agricultural Lot Split City Planner Pearson presented the Don Wachter application for a lot split of a 4.23 acre, Parcel A, which has street access from a 70 acre parcel. In order to not land lock the larger parcel, a street access was recommended on the southern 60 feet of A. Discussion was held. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE AGRICULTURAL LOT SPLIT FOR DONALD AND CAROL. WACHTER. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Mayor Busho called a five minute recess at 7:55 p.m. The meeting was resumed with the public hearings at 8:00 p.m. Mayor Busho reviewed the public hearing process. The affidavits of publication were on file for the first public hearing. 1 PUBLIC HEARING: Appeal of Staff Zoning Ordinance Interpretation City Planner Pearson reviewed the current and previous uses of the building at 14555 South Robert Trail. The sale of retail auto parts were interpreted by staff as being a non conforming use in the C-2 Community Commercial District. Planning Commissioners had a tie vote at its meeting, so a determination was not clearly made. The applicant chose to appeal to the City Council for a determination of land use. The specific language is as follows, 6.l 1, C-2, Sec 2B3, "B. Uses Permitted By Right: 3. All retail goods and services establishments conducted within structures but excluding automobile and equipment sales, services and repair establishments; truck stops; drive- through restaurants; gasoline and fuel sales; car washes; and commercial outdoor recreational uses." The retail business area of the building has been vacant since May 5, 1998. Mayor Busho opened the public hearing for comment. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1999 Jerry Hoover, 3782 McMenomy Street, Vadnais Heights, a Champion Distributor manager, commented that equipment sales are different than retail parts sales. Hoover said this store is geared to the "repair -at- home" person and this would be a valued addition to Rosemount. Hoover noted that a market study had not been done because the last business had a good record of sales and placement of new Champion Stores in other towns smaller in size with competitive businesses have been very successful. Natalie Squires, 3601 39th Street South, Minneapolis, would like to purchase the Champion Auto business that would MOW into 14555 S. Robert Trail. Squires likes the community and would enjoy raising her children here and serving the community with this auto parts business. John Frayne, Eden Prairie, noted that outdoor storage is not addressed in C -2, and other types of businesses could be worse neighbors than a Champion Auto Store. MOTION by Busho to close the Public Hearing, Appeal of Staff Zoning Ordinance Interpretation. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Council discussed the conforming uses for a C -2 Community Commercial District and noted that there are other areas available where an auto parts store could be considered a conforming use. Cisewski served on the Downtown Scoping Committee and felt finely that the Committee did intend to keep auto related business out of this main street area. Jerry Hoover was asked if marketing information was available. City Attorney LeFevere reminded Council that it was not pertinent if the business would be a viable business, but rather the permitted use issue that was to be determined. MOTION by Edwards to uphold the staff interpretation of the zoning ordinance prohibition of retail automobile parts sales n the C -2 Comm Commercial District. Second by Klassen. Ayes: Busho, Caspar. Edwards, Klassen, Cisewski. Nays: None. Motion carried. Council determined that this zoning ordinance portion should be reworded in order to make it more clear and requested that staff prepare some clarification to be discussed at a future work session. 1 PUBLIC HEARING: 2000 Tax Rate Increase Authorization Finance Director May noted that new legislation required this notice to the public in all cities and counties in order to increase spending whether or not the resident will incur an increase in their property taxes. The population and residential housing has increased in Rosemount which will increase the amount the city is spending but. should not increase personal property taxes. Mayor Busho opened the public hearing for comment but no one in the audience responded. MOTION by Edwards to close the Public Hearing for 2000 Tax Rate Increase Authorization. Second by Caspar. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION, as mandated by State Law, AUTHORIZING A TAX RATE INCREASE FOR THE 1999 TAX LEVY, COLLECTIBLE IN 2000. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Announcements Mayor Busho reviewed the up-corning events: The Koch Minnesota Trail was dedicated today. It had a very good turn out. Rosemount High School Homecoming is Sept. 24. September 291h is the Agricultural Task Force is meeting: October 5th is Port Authority and City Council. The "Cities Week" theme this year is Harvesting a Bright Future, dates will be detemuned next week. Executive Closed Session MOTION by Edwards to retire to a Executive Closed Session in order to preserve attorney- client privileges for the Shafer Litigation. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. The Executive Closed Session began at 9:15 p.m. and was completed at 9:45 p.m. Mayor Busho adjourned the meeting at 9:46 p.m. Thomas D. Burt, City AdministratoriDeputy Clerk The City Council Agenda Packet is Clerk's File 1999 -34. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 21, 1999 Respectfully submitted, Linda Jentink, Recording Secretary 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. October 5, 1999, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Edwards, Caspar and Klassen present. Councilmember Cisewski was ill. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Parks Recreation Director Schultz, Assistant to City Administrator /City Clerk Walsh, Water Resource Engineer Morris, and Engineer Consultant Brett Weiss. Cub Scout Pack 293 led the group in the Pledge of Allegiance. Public Comment ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 1999 Tom Murphy, 12865 Bengal Avenue, spoke on his behalf against termination of his employment with the City of Rosemount. He asked Council to put themselves in his shoes, but said he did not blame anyone for his circumstance. His position as Arena Manager had been eliminated in order to maintain the continued operation of the ice arena. Mayor Busho thanked Murphy for his comments. Murphy's termination is under the Consent Agenda. Dakota County 10 Year Recycling Award to City of Rosemount Dakota County Commissioner Will Brawling and Gail Prest, Solid Waste Abatement manager at Dakota County Environmental Management, presented a plaque on behalf of the Dakota County Board of Commissioners recognizing the contributions by the City of Rosemount in supporting and operating its curbside recycling program during the past ten years. The cities participation is essential in the future as even greater emphasis will be placed on reducing waste generation. Water Resource Engineer Alyson Morris with Mayor Busho and Councilmembers accepted the plaque gratefully. Megan Johnson's Hometown Day Proclamation The University of Minnesota and WCCO Radio plan to salute Megan Johnson, who graduated from Rosemount High School in 1995, for her student ability and athletic ability. The Mayor proclaimed Sunday, October 17, 1999 as "Megan Johnson Rosemount Hometown Day." The City Council is proud of Megan Johnson and supports this celebration. MOTION by Caspar to approve a Proclamation declaring October 17, 1999 as Official Megan Johnson Rosemount Hometown Day in the City of Rosemount. Second by Klassen. Ayes: Caspar, Edwards, Klassen, Busho. Nays: None. Motion carried. Consent Agenda MOTION by Edwards to approve the Consent Agenda. Second by Klassen. Ayes: Four. Nays: None. Motion carried. 1 Announcements ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 1999 a. Minutes of September 21, 1999 Regular City Council Meeting b. Minutes of September 15, 1999 Committee of the Whole c. Approval of Bills Listing d. Donation Account Expenditure for Parks and Recreation e. Budget Amendments f. Payment #2, Rosemount Commons Street Utility Improvements, City Project 300 g. Payment #1, Conley Avenue Street Utility Improvements, City Project 303 h. Payment #2, McNamara Phase 2 Street Utility Improvements, City Project 304 i. 2000 Community Landfill Abatement Funding Application j. Approval of Traffic Signal Agreement No. 99 -07, Diamond Path CR33, City Pro. 307 k. Hiring of Rental Coordinator 1. Termination of Employee Mayor Busho reviewed the up- coming events: the Apple Valley Transit Station will have an open house October 6, 4pm; October 8, Rosemount First State Bank will have its 90th Anniversary; October 11 the Utilities Commission meets at 6:30 p.m.; October 12 the Chamber Luncheon host I.S.D. 196 Dr. Haro, Superintendent; October 13 Koch Petroleum hosts Koch Community Days, 4 -8 p.m.; October 14, Violence Prevention 6:30 p.m.; October 19, Fire Station Open House; October 21, SEP Grant Money Distribution; and October 31, Halloween Festivities. Councilmember Klassen reviewed the agenda for the Violence Prevention Awareness Program on October 14 at 6:30 p.m. at the Rosemount Community Center. Everyone is invited to see students from the Middle School participate in a torch run, reading of essays and poems, and a poster display. The Conmunity Center will also host walking tours of the Center and information on the Parks and Recreation programs. Mayor Busho called for a five minute recess prior to the 8:00 p.m. public hearings. Public Hearings for Assessments Mayor Busho explained the public hearing process. The Affidavits of Publication and Notification for all five assessment hearings were on file. Assessment for 1998 Bituminous Overlay Improvements (121st Street), City Project 301 Public Works Director Osmundson gave an overview of City Project 301 which was located west of Akron Avenue. 1t was a two inch overlay which assessed at $761 per lot with a one year payback term. There was no public comment. 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 1999 MOTION by Edwards to close the Public Hearing for Assessments for the 1998 Bituminous Overlay Improvements, City Project 301. Second by Caspar. Ayes: Four. Motion carried. MOTION by Edwards to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR 1998 BITUMINOUS OVERLAY IMPROVEMENTS, CITY PROJECT 301. Second by Klassen. Ayes: Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. Assessment for Geronime Pond 2nd Addition Street Utility Improvements, City Project 293 Mayor Busho acknowledged receipt of a written objection to the city assessment and intent to appeal the assessment by Brett DeBates, owner of property at 3785 160th Street West. Public Works Director Osmundson reviewed the street, storm drain, sanitary sewer, and watermain improvements for the Geronime Pond 2nd Addition and adjacent properties. The average lot assessment was $5,195.18 over a ten year period at an interest rate of 6.3955 There were no additional audience comments made. MOTION by Klassen to close the Public Hearing for Assessments for Geronime Pond 2nd Addition Street Utility Improvements, City Project 293. Second by Edwards. Ayes: Four. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR GERONIME POND 2ND ADDITION STREET AND UTILITY IMPROVEMETNS, CITY PROJECT 293. Second by Caspar. Ayes: Busho, Caspar, Edwards. Klassen. Nays: None. Motion carried. Assessment for 1999 Bituminous Overlay Appurtenant Work (Rosemount Hills 3rd Addition) City Project 306 Public Works Director Osmundson reviewed the two inch bituminous overlay for the Rosemount Hills 3rd Addition. The assessment per lot is $581.00 with a one year payoff tenn. Mayor Busho opened the Public Hearing for comments. Jacqueline Buffalow, 3250 131st Street West, noted that there was some pooling of run off -water on the street and also some erosion has occurred at the comer of Charlston Way and 131st Street West. Buffalow questioned wheather all residents are assessed in this manner. The Mayor assured her that the Assessment Policy in place does require all residents benefiting from city improvements to be assessed for a portion of the amount not funded by other sources. MOTION by Klassen to close the Public Hearing for Assessments for the 1999 Bituminous Overlay Appurtenant Work, City Project 306. Second by Caspar. Ayes: Four. Nays: None. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 1999 MOTION by Caspar to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR 1999 BITUMINOUS OVERLAY IMPROVEMENTS, CITY PROJECT 306. Second by Klassen. Ayes: Edwards, Klassen, Busho, Caspar. Nays: None. Motion carried. Assessment for Fleet Development Sanitary Sewer Improvements, City Project 296 Public Works Director Osmundson reviewed City Project 296. It is located by Highway 52 near Koch Refining. There are only two property owners being assessed, Koch Refining Company and Fleet Development LLC. This has a ten year pay -off period at an interest rate of 5.9059 There was no public comment. MOTION by Caspar to close the Public Hearing for Assessments for Fleet Development Sanitary Sewer Improvements, City Project 296. Second by Edwards. Ayes: Four. Nays: None. Motion carried. MOTION by Klassen to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR FLEET DEVELOPMENT SANITARY SEWER IMPROVEMENTS, CITY PROJECT 296. Second by Edwards. Ayes: Busho, Casper, Edwards, Klassen. Nays: None. Motion carried. Assessment for Broback Park Street and Utility Improvements, City Project 279 Public Works Director Osmundson reviewed City Project 279 for the assessments for street and utilities improvements for the development east of Diamond Path and north of Upper 148th Street West. There were 29 Tots assessed S15,342.45 each for a ten year period. This project included oversized pipe for the storm water pond drainage; water, sanitary sewer, and street improvements. There was no public comment. MOTION by Edwards to close the Public Hearing for Assessments for Broback Park Street and Utility hnprovements, City Project 279. Second by Caspar. Ayes: Four. Nays: None. Motion carried. MOTION by Caspar to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR BROBACK PARK STREET AND UTILITY IMPROVEMETNS, CITY PROJECT 279. Second by Klassen. Ayes: Edwards, Klassen, Busho, Caspar. Nays: None. Motion carried. Councilmember Edwards noted that the Fire Department Open House conflicts with the Port Authority meeting and requested that it be changed. Port Authority Chair Edwards called for the regular work session of the Port Authority to be changed to Monday, October 18, 1999 at 6:00 p.m. Due notice and publication will be made. Mayor Busho also noted that the November 2, 1999, regular City Council meeting will need to begin at 8:00 p.m. due to the school district elections. Due notice will be made. Mayor Busho adjourned the meeting at 8:22 p.m. 1 1 -r Thomas D. Burt, 'City Adm. /Deputy Clerk The City Council Agenda Packet is Clerk's File 1999 -36. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 1999 Respectfully submitted, /t 110"Hil Linda Jentink, ecording Secretary