Loading...
HomeMy WebLinkAbout33285 - OCTOBER 1999 - JUNE 20011 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE OCTOBER 13, 1999 Pursuant to due call and notice thereof a Committee of the Whole Council Meeting was held on Wednesday, October 13, 1999, at 6:30 p.m. in the Council Chambers. Mayor Busho called the meeting to order with Councilmembers Klassen, Edwards, Cisewski, and Caspar present. Also in attendance was City Administrator Burt, Assistant to Administrator Walsh, Parks and Recreation Director Schultz, City Planner Pearson. Public Works Director Osmundson. The following agenda items were discussed: LETTER TO U of M: Council members made changes to the proposed letter to Dean Thomas Fisher at the University of Minnesota on the proposed plan presented by the Center for Rural Design. Once the changes are made the letter will be sent. DEFERRED ASSESSMENT: Public Works Director Osmundson explained the situation with two property owners who are being assessed for the Chippendale Avenue and 145 Street Reconstruction projects at the October 19, 1999 City Council meeting. The two were offered deferrals per the City Policy. However, one landowner wanted a deduction in the amount of the assessments and the other wanted the interest waived. Council concurred to not change either deferral offer. 2020 COMPREHENSIVE PLAN: City Planner Pearson briefly discussed the public hearing process and primary issues. Several Comp Plan alternatives were considered which combine Rural Residential, Transitional Residential and Urban Reserve land uses. The Council directed staff to schedule a meeting with Met Council staff to discuss a compromise strategy. The form of the compromise would assign Transitional Residential west of Bacardi Avenue (south of Jay Simons Addition; Rural Residential within 1/2 mile of 120th Street (Gun Club Road) and including 80 acres east of Bacardi Ave. across from Jay Simons and White Lake Acres and the northern half of the Cliff property. The remaining acreage (owned by McMenorny and Shadow Development) would be in Urban Reserve or Urban Residential. POLICE RECRUITMENT PLAN: Council requested that more specific inforniation be included on recruitment efforts. Information on out -state recruiting and internships should be included. Costs of the various recruiting efforts should be added to the plan. EXPANDED Y2K INSURANCE COVERAGE: Staff requested direction from the City Council on if the City should acquire additional insurance for year 2000 issues. The consensus of the City Council was to not purchase the additional insurance and monitor if other cities were purchasing the insurance and if it appeared the majority was purchasing the insurance to purchase it as well. POLICE WORK PLAN UPDATE: An update on the Police Department's community policing and property maintenance enforcement efforts was given to the Council. Council approved of the direction of the Department in both areas and encouraged the continued focus on each area. 1 MINING UPDATE: Mayor Busho and City Planner Pearson discussed the recommendations of John Shardlow and the Mayor updated the Council of the activities of the Legislative Aggregate Resources Task Force. The Council agreed with the recommended strategy of making Mineral Extraction a Conditional Use Permit and limiting mining to East of Highway 52 and ranging from 1/2 to 11/2 mile south of CSAH 42 (from the bluff line and to the south). There being no further business the meeting was adjourned at 10:00 P.M. The Clerk's File Number for this Council Packet is 1999 -37. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE OCTOBER 13, 1999 Respectfully submitted, Thomas D. Burt,tity Administrator 1 1 City Attorney LeFevere led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19,1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 19, 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 Klassen, Cisewski, Edwards, and Caspar present. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Parks Recreation Director Schultz, and Engineer Consultant Brett Weiss. The agenda was amended by adding two items; Consent Agenda Item 6.h. Cooperative Agreement with MNDOT for Snow Removal on Trunk Highway 3; and, Old Business Item 8.a. Extension for Review of 2020 Comprehensive Plan by Metropolitan Council and Update. Minnesota Manufacturers Week Proclamation Mayor Busho presented a proclamation that acknowledges the accomplishments and contributions of the manufacturers in Minnesota. The Trade and Economic Development Department of Minnesota promotes October 25 -29, 1999 to be Miimesota Manufacturers Week. Busho noted that in conjunction with the Northern Dakota County Chambers of Commerce visits will be made to Rosemount manufacturers to get acquainted and commend them. MOTION by Busho to approve the proclamation for "Minnesota Manufacturers Week October 25 29, 1999. Second by Cisewski. Ayes: Cisewski, Klassen, Busho, Caspar, Edwards. Nays: None. Motion carried. Consent Agenda MOTION by Klassen to approve the Consent Agenda with the addition of Item 6.h. Cooperative Agreement with MNDOT for Snow Removal on Trunk Highway 3. Second by Caspar. Ayes: Five. Nays: None. Motion carried. a. Minutes of October 5, 1999 Regular City Council Meeting b. Approval of Bills Listing c. Receive Bids /Award Contract/Approve Joint Powers Agreement for Birger Pond Outlet Improvements, City Project 262 d. Set Meeting Time for November 2, 1999, City Council Meeting e. Set Special Meeting on November 4, 1999 f. Accept Resignation of Firefighter g. Appointment of Fire Department Captain h. Cooperative Agreement with MNDOT for Snow Removal on Trunk Highway 3 1 1 Announcements PUBLIC HEARINGS for Assessments ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19,1999 Extension for Review of 2020 Comprehensive Plan by Metropolitan Council and Update City Administrator Burt, City Planner Pearson, and Mayor Busho met with a group from Metropolitan Council on Tuesday, October 19, 1999. Metropolitan Council wants Rosemount to approve the Livable Community goals as they have set forth. Rosemount is about 1000 housing units short of their recommendation. The Rosemount 2020 Comprehensive Plan as presented would not be approved by Metropolitan Council. Therefore, an extension of the sixty -day review period is required in letter form. MOTION by Klassen to direct staff to send a letter to the Metropolitan Council extending the review period for an additional sixty days for the 2020 Comprehensive Plan. Second by Caspar. Ayes: Busho, Caspar, Edwards, Cisewski, Klassen. Nays: None. Motion carried. This item will be addressed at the November 10, 1999, Committee of the Whole Work Session. Mayor Busho attended the Fire Department Open House this evening with other Councilmembers. It was very well attended by families and they had some interactive demonstrations. Koch Petroleum Inc. donated 36 flame retardant jump suits to the Fire Department. City Council commended the Fire Department staff and thanked them for their commitment to the community. Mayor Busho reviewed the meeting schedule highlighting Dakota County Tours with Met Council on October 20; MVTA meeting, October 20, 7 p.m.; Awarding of environmental project funds, SEP, October 21, 1999; October 21 -22, MEA Teachers Conference, kids will be out of school; HRA Open House in Apple Valley; October 27, 1999 Sensible Land use Coalition on Mining; November 2, the Port Authority meeting is cancelled, November 16 it will be rescheduled with a work session of the Port Authority. Public Works Director noted that a meeting for neighbors of Valley Oak Wetland will be held on Wednesday, October 27, 1999, at 6 p.m. in Council Chambers. Parks and Recreation Director Schultz noted that two trips are available for the children not in school October 21/22. Mayor Busho also noted that the November 2, 1999, regular City Council meeting will begin at 8:00 p.m. due to the school district elections. Mayor Busho called for a ten minute recess. The meeting was reconvened at 8:00 p.m. Mayor Busho explained the public hearing process. The Affidavits of Publication and Notification for all seven assessment hearings were on file. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 1999 Assessment Hearing for Wensmann 12 Addition Street Utility Improvements, City Proj. 287 Public Works Director Osmundson reviewed City Project 287 which is part of the McNamara Addition. This is east of Shannon Parkway, off 151'' Street West, and south of County Road 42. The assessments are $8, 298 per townhome and there are 44 townhomes. The assessment is for a five year period. There was no public testimony. MOTION by Edwards to close the public hearing for Wensmann 12t Addition Street Utility hnprovements, City Project 287. Second by Caspar. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR WENSMANN 12 TH ADDITION STREET AND UTILITY IMPROVMENTS, CITY PROJECT 287. Second by Klassen. Ayes: Edwards, Cisewski, Klassen, Busho, Caspar. Nays: None. Motion carried. Assessment Hearing for Wensmann 11th Addition Street Utility Improvements, City Project 298 Public Works Director Osmundson reviewed City Project 298 for Outlots B, C, and D of the McNamara .Addition plus the Wensmann 11'" Addition. This is for 98 housing units and a park project. The housing units are assessed 55,420 each at five year periods. There was no public testimony. MOTION by Caspar to close the public hearing for Wensmann 11 Addition Street Utility Improvements, City Project 298 MOTION by Caspar to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR WENSMANN 11 ADDITION STREET AND UTILITY IMPROVMENTS, CITY PROJECT 298. Second by Edwards. Ayes: Klassen, Busho, Caspar, Edwards, Cisewski. Nays: None. Motion carried. Assessment Hearing for Shannon Pond South Street Utility Improvements, City Project 288 Public Works Director Osnundson reported that City Project 288 is located by Shannon Parkway, 160' Street, and Danville Avenue in Rosemount. This has 47 single family homes with each being assessed $10, 941 for a five year period. There was no public testimony. MOTION by Caspar to close the public hearing for Shannon Pond South Street Utility Improvements, City Project 288. Second by Klassen. Ayes: Five. Nays: None. Motion carried. MOTION by Cisewski to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR SHANNON POND SOUTH STREET AND UTILITY IMPROVEMENTS, CITY 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 1999 PROJECT 288. Second by Caspar. Ayes: Caspar, Edwards, Cisewski, Klassen, Busho. Nays: None. Motion carried. Assessment Hearing for Chippendale Avenue Street Utility Improvements, City Project 290 Public Works Director Osmundson reviewed City Project 290, to improve street and utilities for Chippendale Avenue from 151" Street south to 160 Street West. This included improvements to the parking lot at Winds Crossing Park and corrections and repairs to the streets. The total project cost was $950,000 with 72% being paid through city funding. Assessments varied according to the Assessment Policy. Mayor Busho opened the public hearing for comment. Staff noted that objections had been received from Leroy and Judy Gunhus and Harold Wachter. Attorney Bill Sherry representing Leroy and Judy Gunhus submitted a new letter of objection, noting the decreased amount of the assessment. Sherry maintained that no benefit of value was obtained because an access. which was vital to truck movement on the property, was closed. The Gunhus's business, Evergreen Gardens, Inc., depended on the access onto Chippendale Avenue for exiting the property. The driveway had been in use for 13 years. Councilmember Edwards asked about safety and staff commented that the access that was closed was very close to the intersection and interfered with the turn lane. Attorney Reid Hansen representing Harold Wachter asked staff and Council to reconsider the assessment amount due to the holding pond on Wachter's property. Wachter should be considered a residential lot rather than acreage. The assessment was originally $34,000 and was reduced by $6,940 which they feel should be lowered to approximately $2,306. MOTION by Edwards to close the public hearing for Assessment Hearing for Chippendale Avenue Street and Utility Improvements, City Project 290. Second by Caspar. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CHIPPENDALE AVENUE STREET AND UTILTIY IMPROVEMENTS, CITY PROJECT 290. Second by Busho. Ayes: Cisewski, Klassen, Busho, Caspar, Edwards. Nays: None. Motion carried. Assessment Hearing for 145 Street West Street Utility Improvements (CR42 to Railroad), City Project 291 Public Works Director Osmundson reviewed City Project 291, which was improving 145 Street West with curb and gutter from the railroad crossing near City Hall, east to County Road 42. This also included stomr drains, sanitary sewer, and watemiain improvements. The total cost of the 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 1999 project was $978,189 with 61% being paid with city funds. The assessments will be paid over a ten year period. Mayor Busho opened the public hearing for comment. Betty Zanmiller, 2745 145 Street West, did not agree with the assessment amount, even with the reduction from $76,000 to $26,000. She said this will pose a hardship for her and disagreed that interest should be charged over the ten year period as it was originally promised to her some years ago that interest would be waived. She was also required to pay assessments in 1979. Zanmiller did not file a written objection. MOTION by Caspar to close the public hearing for Assessment Hearing for 145 Street West Street Utility Improvements (CR42 to Railroad), City Project 291. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Caspar to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL for 145' Street West Street Utility Improvements (CSAH42 to Railroad), City Project 291. Second by Klassen. Ayes: Busho, Caspar, Edwards, Cisewski, Klassen. Nays: None. Motion carried. Assessment Hearing for Bloomfield Addition Street Utility Improvements, City Project 292 Public Works Director Osmundson reviewed City Project 292 for the development of Bloomfield Addition Street and Utility Improvements. This development is located northeast of 145' Street West and Biscayne Avenue. There will be 157 units with an assessment of $11,135 each. The total cost was $1.8 million over a ten year period. There was no public comment. MOTION by Busho to close the public hearing for Assessment Hearing for Bloomfield Addition Street Utility Improvements, City Project 295. MOTION by Klassen to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR BLOOMFIELD STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 292. Second by Caspar. Ayes: Edwards, Cisewski, Klassen, Busho, Caspar. Nays: None. Motion carried. Assessment Hearing for Stonebridge 3' Addition Street Utility Improvements, City Project 295 Public Works Director Osmundson reviewed City Project 295 for Stonebridge 3r Addition south of 121" Street West. The total project cost was $186,775 with an assessment of $23.346.88 per parcel. There was no audience comment. MOTION by Edwards to close the public hearing for Assessment Hearing for Stonebridge 3 Addition Street Utility Improvements, City Project 295. Second by Klassen. Ayes: Five. Nays: None. Motion carried. 1 1 MOTION by Edwards to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR STONEBRIDGE 3 ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 295. Second by Klassen. Ayes: Klassen, Busho, Caspar, Edwards, Cisewski. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 8:50 p.m. w Sus M. W City Clerk The City Council Agenda Packet is Clerk's File 1999 -38 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 1999 Respectfully submitted, Linda Jentink, Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 2, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 2, 1999, at 8:00 p.m. in the Council Chamber at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councihnembers Klassen, Cisewski, and Edwards present. Also present were City Attorney LeFevere. City Administrator Burt, Public Works Director Osmundson, Parks Recreation Director Schultz, Police Chief Kalstabakken, and City Planter Pearson. Police Chief Kalstabakken led the group in the Pledge of Allegiance. The agenda was amended by adding one item to the Consent Agenda Item 6.r. Tort Liability Insurance Limits. Public Comment James Pence presented reasoning to request the Commissioner of Transportation to reconsider the weight limit and speed limits for Diamond Path extension south of County Road 42. Pence noted that homes near Diamond Path were built close to the right -of -way, which puts them very close to the new Diamond Path. Pence felt that the 45 M.P.H. speed limit was too fast because children were used to playing in the area. Pence reported that many gravel trucks that weigh 80.000 pounds are expected to run all night. All of these issues bring the value of the 100 homes in the area down, compromise the well being of the children and safety with the speed limit consideration. Pence explained that the city government would have to stake this request to the Commissioner of Transportation. Mayor Busho noted that staff would look into this issue and Council will address it at a future meeting if warranted. Consent Agenda MOTION by Edwards to approve the Consent Agenda 6.a. through 6. O. and pull items 6.p,q., and r. for discussion. Second by Cisewski. Ayes: Four. Nays: None. Motion carried. a. Minutes of October 19, 1999 Regular City Council Meeting b. Minutes of October 13, 1999 Committee of the Whole Work Session c. Approval of Bills Listing d. Expenditure Approval From Donation Account for Parks Recreation Department e. Payment #1, Biscayne Avenue Street Utility Improvements, City Project 312 f. Payment #1, Biscayne Pointe 2 Addition Street Utility Improvements, City Project 309 g. Payment #3, Rosemount Commons Street Utility Improvements, City Project 300 h. Payment #3, McNamara Addition Phase II, Street Utility Improvements, City Project 304 i. Payment #2 and Change Order #1, Conley Avenue Street Utility Improvements, City Project 303 1 1 1 j. Extension of Vermillion River Watershed Management Organization Joint Powers Agreement k. Trunk Highway 3 Cooperative Agreement Request 1. Hiring of Custodian m. Assessment Agreement n. .Amendment to 1999 Fee Resolution and Fee Policy for Parks RecreationDepartment o. Declare Surplus Property Items 6.p, q. and r. were pulled for discussion. After some minor clarifications Council was ready for their consideration. MOTION by Cisewski to approve Consent Agenda Items. 6.p. CDBG Reallocation; 6.q. Order Feasibility Report 2000 Street Utility Reconstruction, City Project 316; and Tort Liability Insurance Limits. Second by Klassen. Ayes: Edwards, Klassen. Cisewski, Busho. Nays: None. Motion carried. p• 9. r. Approval of Trunk Highway 3 Realignment ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 2, 1999 CDBG Reallocation Order Feasibility Report 2000 Street Utility Reconstruction, City Project 316 Tort Liability Insurance Limits Public Works Director Osmundson reviewed the resolution which approves the preliminary layout of the realignment of State Trunk Highway 3 between 160' Street and the railroad trestle. This will be part of the County Road 46 improvements. Highway 3 will not intersect with the railroad with this realignment to the east thus making it safer and with no delays due to trains crossings it. The majority of funding comes from Dakota County with some assessments to property owners. More infomiation will be available in March, 2000 and the project is expected to take two years to complete. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE PRELIMINARY LAYOUT OF STATE TRUNK HIGHWAY NO. 3, STATE PROJECT NO. 1921 -67 BETWEEN 160 STREET WEST AND THE UNION PACIFIC RAILROAD BRIDGE. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Edwards. Nays: None. Motion carried. Safel Kleen (U.S.P.C.L) Interim Use Permit Amendment City Planner Pearson presented the Interim Use Pemiit amendment for Safety Kleen to allow the transfer of used oil from trucks to rail tank cars for shipping to an oil recycling company in Chicago. There is an existing rail spur located on their Rosemount site at 13425 Courthouse Boulevard. The spur would require minor improvements for safety, that being, installation of drip pans around the tracks and curb and gutter for potential spills. The anticipated volume of oil shipped from the site is 150,000 gallons of oil each month. This would result from deliveries of six to eight trucks a day, 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 2, 1999 five days a week. Right now the average trucks per day is 55. A public hearing was held at the Planning Commission meeting on October 26, 1999. The Commission approved the amendment unanimously. Don Chapdelaine, a representative of Safety- Kleen. explained the oil recycling which is now handled at their Blaine and Eagan operations. Chapdelaine noted it would not permanently store oil in Rosemount, but transfer it there to rail and send it on to Chicago. Phil Gover, manager of the facility, noted that Safety Kleen services over 100 companies recycling auto oil, solvents, paint thinner, naphtha, dry cleaning fluids, industrial waste; but no medical or nuclear waste. Councilmembers Klassen and Edwards made comments of concern to expand the land -use applications hoping that Rosemount would not become the dumping grounds for the metro area. Mayor Busho noted that the life of the facility was originally only 30 years, now with the addition of another cell for ash that was estimated to he 42 years. The landfill was to be tuned back to city government for a park or other community use when it was tilled. Busho questions whether that would occur if a transfer station for oil supported continued business. Also, concern was raised as to notice of spillage how much constituted a significant spill? Council requested further interpretation of the land use and contract stipulations on spillage and storage on site. Pearson noted that a sixty -day extension would be required from Safety Kleen to allow time to continue the request of the amendment. MOTION by Busho to table the Safety-Kleen (U.S.P.C.I.) Interim Use Permit Amendment. Second by Cisewski. Ayes: Cisewski, Busho, Edwards, Klassen. Nays: None. Motion carried. Motion by Busho to direct staff to give written notice to Safety-Kleen to extend the deadline of the 60 -day notice from Dec. 6, 1999, for an additional 60 days as more time is needed to study the proposal. Second by Cisewski. Ayes: Busho, Edwards, Klassen, Cisewski. Nays: None. Motion carried. MOTION by Edwards to have the Safety -Kleen Interim Use Permit Amendment called from the table no later than the December 21, 1999, City Council meeting. Second by Busho. Ayes: Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Announcements Mayor Busho noted several up- coming meetings: Citizen Awareness, "Saving Farm Land, November 3, 1999 at Dakota County in Apple Valley; November 4, Joint Cities Autumn Social; November 8, Utilities Commission; November 9. Chamber of Commerce Luncheon, Girl Scout Tour; November 11, Veteran's Memorial Dedication ,7 pm; November 15, Lions Spaghetti Dinner; and November 16, Port Authority and City Council. Mayor Busho adjoumed the meeting at 9:20 p.m. 7 Thomas D. Burt. City Ad is r,4tor /Deputy Clerk The City Council Agenda Packet is Clerk's File 1999 -39. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 2, 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, November 16, 1999, at 7:30 p.ni. in the Council Chamber at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Caspar, Klassen, Cisewslci, and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, Parks Recreation Director Schultz, and City Planner Pearson. City Planner Rick Pearson led the group in the Pledge of Allegiance. The agenda was not changed, however an updated 2020 Comprehensive Plan map was given as additional information. Public Comment ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 16, 1999 Mayor Busho explained the accepted procedure allowing one -half hour for comments and three minutes per person. Pat Schesso. 5683 139 St.. Apple Valley and Lynn Ehmer, 12514 Danbury Way supported past city employee Thomas Murphy and asked Council to consider a position in the Community Center ice arena for him. Murphy was well known as a hockey mentor to many children and he would be a benefit to the program. Steve Kopel, 13757 Danbury Path, spoke in support of Tom Murphy. Kopel noted that Rosemount has the finest ice arena in the area but that it is the people as well as the building that makes it first class. Kopel asked Council to "get creative" to achieve a position for Tom. Laxman Sundae, 2055 128 St. West, spoke in support of Torn Murphy. Sundae mentioned he did not know the facts about Mr. Murphy, but that if it is a disability, the city is obligated to give him first priority. Amy Ginter,15133 December Trail, was unhappy with the high vohrne of traffic and speed limit on the new portion of Diamond Path. She requested slow children signs and was concerned for their safety. Kelly Stenzel, 15125 December Trail, reported a high noise level from the new Diamond Path and considered it a safety hazard. Stenzel suggested a four -way stop sign at the intersection. Vickie Lee, 15135 December Trail, had concerns for child safety on the new Diamond Path. Lee noted that Pilot Knob road is wider but has a lower speed limit. 30 mph. There are also more signs, about one every three to four homes to remind drivers of the lower speed limit. Lee suggested that similar signage is needed in Rosemount. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 16, 1999 Jeff Fadden, 12131 Biscayne Avenue, felt that Metropolitan Council was forcing residents to change their desired country lift style when the city life style was what they came here to avoid. Fadden believed that the dense units don't create a livable community as in Europe. Fadden commented that "people don't want to be shoved together." Fadden noted that the compromise was in order to be able to receive government dollars. Laxman Sundae, 2055 128 Street West, spoke against the 2020 Comprehensive Plan. He noted the petition received at the Public Hearing of 180 signatures or more against the zoning change in northeast Rosemount. Sundae listed 1) lower quality of life, 2j water /sewer assessments, and 3) upsetting the ecology and pushing the wildlife out. Sundae noted, "There will always be money, but once land is destroyed it's gone. Richard Cliff, 12523 Akron Avenue, was against the 2020 Comprehensive Plan. Cliff noted that the land is not designed for high density and the water run off would increase flow to the Mississippi River. Scott Wiig, 13709 Danube Lane, just moved into Rosemount in order to get away from the congestion in Apple Valley. He finds Rosemount a relaxing community and doesn't want it to change. John Remkus, 13040 Akron Avenue, was against the higher density in the 2020 Comprehensive Plan. Remkus works in another city as a finance director and stated that high density housing does not pay for impact fees such as the higher need for police and utility services. Remkus also noted the recent failure of the school district referendum shows that people are not willing to pay for needed public expenses. Jerry Travers, 12467 Biscayne Avenue, was against the higher density zoning. Travers asked Council to remember that it is dealing with words and the residents are dealing with emotions. Ellen Leidner, 12006 Bacardi Avenue, was not in favor of the 2020 Comprehensive Plan. Leidner related that her family had lived in Apple Valley when development caused them to move. Leidner noted that Rosemount has two large land owners now, Koch Refining Co. and the University of Minnesota tying up thousands of acres. Because of this there should he special consideration given by Metropolitan Council to require lower population influx here. Leidner repeated, "We don't want to be like Apple Valley." Mayor Busho thanked the audience for their comments. She noted that staff will review the Diamond Path safety concerns. The 2020 Comprehensive Plan will be considered under Item 7.a. this evening. AUAR Process City Planner Pearson reviewed the time -table of the Alternate Urban Areawide Review. The draft document based on the concept plan will be available in December. Some delays with the stonnwater work being done by Westwood Professional Services may extend the process to January. Consent Agenda MOTION by Edwards to approve the Consent Agenda Second by Caspar. Ayes: Five. Nays: None. Motion carried. a. Minutes of November 2, 1999 Regular City Council Meeting b. Approval of bills Listing c. D.A.R.E. School Liaison Services Agreement d. Resignation of Employee Douglas Littercr, Civil Engineer Rosemount 2020 Comprehensive Plan Update Announcements 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 16, 1999 City Planner Pearson reviewed the two Public Hearings held and noted the petition received against the 2020 Comprehensive Plan. The Comprehensive Plan will be submitted to the Metropolitan Council for approval with 300 acres (north of White Lake Acres and west of Stonebridge south of 120 Street) guided for Rural Residential which could be developed into 3 units per acre; 640 acres (east of Bacardi Avenue and north of 135 Street) for Urban Residential which could be developed up to 3 units per acres; and, 120 acres (east of Keegan Lake to Bacardi Avenue. between Bonaire Path and 130i Street) would be Transition Residential. Additionally, potential and planned attached housing sites are marked on the land use map. Some Industrial use land was changed to Agricultural use also. Councilmember Klassen suggested some changes to the attached housing sites which staff can accommodate. Mayor Busho noted that Rosemount is part of the metro area and has some responsibility to support housing needs. Staff was thanked for their excellent job and working to balance the needs. Councilmember Klassen also thanked Mayor Busho for her hard work on this project. MOTION by Edwards to recommend that the City Council revise the draft Rosemount 2020 Comprehensive Plan concerning land between STH 3, Akron Avenue, 13.5 Street and 120"' Street West: 1) Placing approximately 640 acres of land into Urban Residential Phase III; 2) Designating approximately 120 acres for Transitional Residential use; 3) 300 acres south of Gun Club Road (120''' Street Alignment) designated rural residential; 4) Indicating land available for attached housing on the Land Use Map as potential or planned and adding text explanation in the Comprehensive Plan Document; and 5) Reguiding land in the Pine Bend area for Agricultural use if it is in the Mississippi River Critical Corridor or part of Koch Petroleum Group's buffer area. Second by Cisewski. Ayes: Caspar, Edwards, Cisewski, Klassen, Busho. Nays: None. Motion carried. Mayor Busho noted several up-corning meetings: November 22, Parks and Recreation Committee meeting, November 23, Planning Commission meeting, and Share the Spirit on Sunday, November 28, 1 p.m. to 6:00 p.m. 1 1 1 Mayor Busho adjourned the meeting at 8:35 p.m. Thomas D. Burt, City Admini ator!Deputy Clerk The City Council Agenda Packet is Clerk's File 1999 -41. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 16, 1999 Respectfully submitted, ed Linda Jentmk, Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 6, 1999 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Monday, December 6, 1999, 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 2000 City Budget in a Truth in Taxation Public Hearing. Mayor Busho called the meeting to order with Councilmembers Edwards, Cisewski, Klassen, and Caspar present. Also present were City Administrator Burt, Parks Recreation Director Schultz. and Finance Director May. Mayor Busho thanked staff for their diligent work on the budget. City Administrator Burt provided an overview of the 2000 operating budget. The majority of residents probably saw a decrease in the total amount of taxes for 2000 unless the value of their home increased more than 6 City taxes for a home valued at $138.000 are $2.00 per day, $60.83 per month, and $730.00 per year. Mayor Busho opened the Public Hearing for continent. Jeff Fadden, 12131 Biscayne Avenue, commented on the budget. Fadden noted that the city streets are really "too good", thereby encouraging people to speed. Fadden requested a full copy of the budget. Council consensus was not to reconvene this meeting for the tentative date of December 13, 1999, and recommend approval of the 2000 Budget at the December 7i 1999 regular City Council meeting. MOTION by Busho to close the Public Hearing for Truth in Taxation for the 1999 City Budget. Second by Edwards. Ayes: Caspar, Edwards. Busho. Klassen, Cisewski. Motion carried. Mayor Busho adjourned the special meeting at 6:50 p.m. The City Council Agenda Packet is Clerk's File 1999 -42. Respectfully submitted, Thomas D. Burt, C1 AdnUnistration 1 1 1 City Administrator Burt led the group in the Pledge of Allegiance. The agenda was not changed and there was no public comment. Response to Public Comment ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 7, 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 Councilmcmbers Klassen, Cisewski, Caspar, and Edwards present. Also present were City Attomey LeFevere, City Administrator Burt, Parks Recreation Director Schultz, Public Works Director Osmundson, Assistant to the City Administrator Walsh. and Police Chief Kalstabakken. Public Works Director Osmundson reported on the concerns of the neighbors near the new extension of Diamond Path south of County Road 42. Osmundson noted that the Traffic Engineer Pete Sorenson from Dakota County has already requested a speed study on this segment. This is done routinely when a new roadway opens. The current speed limit on Diamond Path is 45 M.P.H. Also, 30 M.P.H. speed limit signs have been installed on the residential streets of December Trail, 153r Street West, and 155' Street West. Although "Children At Play' signs were requested, Osmundson noted that he would not recommend their installation. Studies have shown that these signs have little or no effect on the traffic and are not enforceable. Police Chief Kalstabakken reported that one -half hour of each police officer's shift has been used to patrol in the area of Diamond Path. Radar guns have been used and the speed trailer will be used soon to help people realize the speed they are going. The weight limit for Diamond Path is nine tons per axle, which in the spring may he temporarily lowered to seven tons per axle until the spring thaw is over Because Diamond Path is a State Aid Highway, truck traffic cannot be restricted. Consent Agenda MOTION by Edwards to approve the Consent Agenda amended by pulling Item 6.d. for discussion after the scheduled public hearing. Second by Caspar. Ayes: Five. Nays: None. Motion carried a. Minutes of November 16, 1999, Regular City Council Meeting b. Bills Listing c. Donation Account Expenditure for Administration d. 2000 Liquor License Renewals e. Approval of 2000 Budget: Setting 2000 Levies and Budgets f. 10 Year Capital Improvement Plan tCIP) Working Program g. VFW Gambling Premises Permit Renewal 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1999 h. Approve Hiring of Fire Fighters i. Payment 41 Oakridge Estates Street and Utility Improvements, City Project #310 j. Payment #2 Biscayne Pointe 2 Addition Street Utility Improvements, #309 k. Payment 44 Rosemount Commons Street and Utility Improvements, C.P. #300 1. Payment #1 Birger Pond Outlet Improvements, City Project #262 m. Payment #4 McNamara Addition Phase II, Street and Utility Improvements, #304 n. Payment #3 Conley Avenue Street and Utility Improvements, City Project #303 o. Payment #5 Wensmann 12 Addition Street and Utility Improvements, C.P. #287 p. Payment #7 and Final Payment Wensmann 11' Addition Street and Utility lmprov. City Project #298 q. Payment #9 and Final Payment Bloomfield Addition Street and Utility Improvements, City Project #292 r. Construction Agreement with Dakota County Highway Department on County Road 46 Approve Land Right -Of -Way Sale, City Project 284 Purchase Agreement for Eastside Water Tower, City Project 302 Public Works Director Osmundson reported that an agreement had been reached with Marlin and Joann Rechtzigel for 4.28 acres of property east of Highway 52 at County Road 42. This is not the original site examined. The tower will be placed on the southern boarder of the lot, not on CR 42. A change to the agreement on page 5, section 17, final sentence regarding assessments will read "will be deferred without interest." This requires City Council approval. City Attorney LeFevere noted that this condition would also apply to new owners if the property was sold. .Assessments would be deferred until the land is developed which would include any improvement to the lot. MOTION by Edwards to authorize execution of the Purchase Agreement by the Mayor, which will include the amendment to page 5, section 17, adding "without interest Second by Klassen. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Marlin Rechtzigel requested that no activity take place on the lot until the agreement is signed. Osmundson agreed. Receive Feasibility Report/Set Public Hearing for Biscayne Pointe 3r Addition Street Utility Improvements, City Project 313 Public Works Director Osmundson reviewed the petition for public improvements from Heritage Development, which would create 48 single family lots. This is the final phase to Biscayne Pointe. Staff recommends extending Biscayne Avenue approximately 1,100 feet to the north property line of the development. It would be a three lane design, 52 feet wide with nine ton weight limits. MOTION by Caspar to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND SET THE PUBIC HEARING FOR BISCAYNE POINT 3RD ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 313. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. 1 1 1 PUBLIC HEARING: Liquor License Fees Assistant to the Administrator Walsh presented increases to liquor license fees as follows: two step On -Sale Liquor Licenses, Class A (bar) $4,500, Class B (restaurant) $3,000; On -Sale Wine S550; On -Sale Beer $250; Off -Sale Beer $50; and On -Sale Temporary Liquor $50. A survey of surrounding cities was conducted which support the increases recommended. City Council discussed these fees at several work sessions. The new fees would he included in the 2000 Fee Resolution and liquor establishments will he required to comply with the change in amounts for 2000. It was noted that the Class B On -Sale Liquor License requires proof of 51% food receipts. Edwards noted he felt the food percentage should be reviewed next year. There were no comments from the audience. MOTION by Busho to close the public hearing for Liquor License Fees. Second by Klassen. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt AN ORDINANCE RELATING TO FEES FOR LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES: AMENDING ROSEMOUNT CITY CODE SECTION 3 -1-4 A. Second by Caspar. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. 2000 Liquor License Renewal Assistant to the Administrator Walsh noted that all liquor license applicants were aware of the public hearing, and that the fees may increase in addition to the fees already submitted. Letters will be sent tomorrow to notify them of amounts, which will be expected to be paid prior to January 1, 2000. MOTION by Edwards to approve the applications for renewal of liquor license as listed for the year 2000 subject to receiving license fees and Certificate of Insurance with the additional increase in fees to be paid by January 1, 2000. Second by Cisewski. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. 2000 Fee Resolution Assistant to the Administrator Walsh presented the fee resolution with some increases and additions. Most fee changes have been addressed and approved by City Counci over the past year. The Utility Commission has recommended increases in the Water, Sanitary Sewer, Storm Water Utility, and Capital Charges. User fees will be in effect for the next five years. Assessment charges will increase 2.2% due to the construction cost index increase. Metropolitan Sewer Availability Charge will increase $50.00 due to their increase. Plan Check fees are increasing to 65'' for the Building Department. Parks and Recreation recommends increases to the Community Center room rental rates and Park Dedication fees did increase. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1999 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 1999 Council discussed the increases recommended and Mayor Busho thanked statT for their efforts in keeping Rosemount's fees comparable to surrounding cities. MOTION by Edwards to adopt A RESOLUTION ESTABLISHING RATES AND FEES FOR 2000. Second by Klassen. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Set Special Council Meeting for Communitv Development Director Interviews City Administrator Burt announced that five applicants have been selected for interviews; two are corning from out of state. Several dates were discussed. Consensus was to hold interviews on Friday, December 17, beginning at 2:00 p.m. and if any follow -up interviews were needed to hold them December 18 (1 at 9:00 a.m. Accept Resignation of Public Works DirectorlDiscuss Recruitment City Administrator Burt reported that Public Works Director Bud Osmundson had accepted another position for the City of Prior Lake. Osmundson began employment in 1992 as an engineer, and in 1994 became Public Works Director. Each councilmember commended Osmundson for the line job he has done. Mayor Busho thanked Osmundson for helping to shape the community with quality streets and utilities. MOTION by Busho to accept Public Works Director/City Engineer Osmundson's resignation. Second by Klassen. Ayes: Five. Nays: None. Motion carried. Announcements Mayor Busho noted that two new benches were added to the Koch Minnesota Trail. Future meetings include: December 8, Dakota County Hwy 52 Corridor in Zumbrota; December 8, Dakota County Chamber Luncheon, 5 p.m. to 7 p.m. at the Mimiesota Zoo; December 12. Park Recreation will present a Holiday Concert with the South of the River Band, at 2:30 p.m.; and on December 14, the Chamber of Commerce hosts a holiday lunch at the Rainbow Room at the Dakota County Vocational College. Mayor Busho adjourned the meeting at 8:35 p.m. Thomas Burt, City Adnry+s "tor/Deputy Clerk The City Council Agenda Packet is Clerk's File 1999 -42. Respectfully submitted, Linda Jentink, ecording Secretary 1 1 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 Councilntentber- elect Cisewski; Parks and Recreation committee members Eliason, Santpo; 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 Plattner 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 Tntst; 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% 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. The City Council Agenda Packet is Clerk's File 1999 -44. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE DECEMBER 15, 1998 Respectfully submitted Rick Pearson City Planner 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 1999 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 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 Caspar, Klassen, Cisewski, and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt. Parks Recreation Director Schultz, City Planner Pearson, and Public Works Director Osmundson. Public Works Director Osmundson led the group in the Pledge of Allegiance. There were no changes to the agenda and no public comment. Ice Arena Manager Position Mayor Busho reviewed the position of the Ice Arena Manager for the Rosemount Community Center. Council had voted to eliminate the position on October 5, 1999, after careful examination of the needs of the Community Center. Former employee Tom Murphy was on medical leave when this change occurred. Murphy and his supporters requested that he return to his position as Ice Arena Manager. Mayor Busho upheld the City Council's decision not to extend the position of Ice Arena Manager. Busho invited Murphy to apply for any other positions that are available for the City of Rosemount. Consent Agenda MOTION by Edwards to approve the Consent Agenda with a change to Item 6.j., withdrawal of the Winslow application of On -Sale Liquor Licenses on Public Premise. Second by Klassen. Ayes: Five. Nays: None. Motion carried. a. Minutes of December 7, 1999, Regular City Council Meeting b. Minutes of December 6, 1999, Special Meeting Truth Taxation Hearing c. Bills Listing d. Donation Account Expenditure for Administration e. Donation Account Expenditure for Parks and Recreation f. Payment #2 and Final, Biscayne Avenue Watennain Improvements, C. P. 312 g. Budget Amendments h. Resignation of Assistant to City Administrator/City Clerk i. Approval of Non- Llnion Salaries and Benefits for Year 2000 j. On -Sale Liquor License On Public Premise Winslow withdrew k. Tree City U.S.A. Re- Certification Spectro Allovs Fire Suppression Agreement City Administrator Burt reviewed the request from Spectro Alloys to be exempt from the fire suppression requirements until the water system on the eastside of Rosemount is completed. At that ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 1999 time they would be required to hook up to the water system and their fully functional fire suppression sprinkler system. A Letter of Credit will be required in the amount of an on -site water system as a surety in case the eastside water system fails to be installed within a year. MOTION by Cisewski to approve the fire suppression exemption for Spectro Alloys. Second by Caspar. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. Shafer Contracting /Lance Johnson: Mineral Extraction Permit Renewal City Planner Pearson reviewed the renewal of the mineral extraction permit on Lance Johnson's property by Shafer Contracting Company. This allows for the routine annual review of the current pemnit and is unrelated to the previous request for expansion of the mining area. In 1999, 2,532 cubic yards of material were removed from the pit area which is about half of the volume removed last year. A few changes have been made to the conditions of the renewal in order to update then and keep all permit renewals consistent. Operating hours were changed from 7 a.m. to 7 p.m. allowing operation the same time as city ordinance allows for construction work. An entrance gate, which would be secured after operating lours was required for safety. Lance Johnson would be required to maintain the easement required for access on Rich Valley Boulevard. Charlie Keenan showed the Council photographs of debris and garbage that had been dumped near the entrance to the pit. This land actually belongs to Koch Refining who will he made aware of the problem. Council hopes that a gate will also keep dumping from happening. MOTION by Klassen to renew the mineral extraction permit for the Lance Johnson property subject to the permit conditions for 2000 draft including the change to paragraph Y. by adding "stock" in front of gate, and by putting a period after the word, "located" and eliminating the remainder of the sentence. Second by Cisewski. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Zoning Ordinance Text Amendment Maximum Density Allowable in the Agriculture District City Planner Pearson presented the Zoning Text Amendment to preserve agricultural land from encroaching residential development. A public hearing was held on October 12, 1999, at the Planning Commission meeting. The Planting Commission recommended approval of the amendment with a vote of three to one. The dissenting Commissioner was concerned about reducing a farmer's ability to subdivide land. This amendment will lower dwelling units to one per forty acres rather than one per ten acres. The land guided for future urban development continues to be zoned agriculture until water and sewer services are available. MOTION by Caspar to adopt an ORDINANCE AMENDING ORDINANCE B, the zoning ordinance that will lower the maximum residential density allowed in the Agriculture District to one dwelling unit per forty acres. Second by Klassen. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. 2 1 PUBLIC HEARING Biscayne Pointe 3' Addition Street Utility Improvements, City Project 313 Mayor Busho opened the public hearing for Biscayne Pointe 3` Addition Street and Utility Improvements. The Affidavits of Publication and Notice were on file. Busho reviewed the public hearing process. Public Works Director /City Engineer Osmundson presented City Project 313 which will create 48 single family lots. This is the last addition in the Biscayne Pointe preliminary plat. The project includes a short extension of the Brockway Draw Trunk Sanitary Sewer and extends Biscayne Avenue to the north approximately 1,100 feet. The total project cost is 51,166,000. There were no comments from the audience. MOTION by Busho to close the Public Hearing for Biscayne Pointe 3 Addition Street and Utility Improvements, City Project 313. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATION FOR BISCAYNE POINTE 3 ADDITION STREET AND UTILITY IMPROVEMENTS. CITY PROJECT 313. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Announ cements Mayor Busho noted that the City is Y2K compliant and wished everyone a happy holiday. Commission interviews are set for Saturday, January 22, 2000. Mayor Busho adjourned the meeting at 8:17 p.m. Thomas D. urt, City Administrator /Deputy Clerk The City Council Agenda Packet is Clerk's File 1999 -45. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 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, January 4, 2000. 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 Caspar, Klassen, Cisewski, and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, and Police Chief Kalstabakken. Mayor Busho led the group in the Pledge of Allegiance. There were no changes to the agenda and no public comment. Y2K in Rosemount Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 4, 2000 Police Chief Kalstabakken reported that over the New Years weekend there were the same amount of calls as usual and there were no special problems because of the millennium. Extra police officers, clerical staff, and firefighters were on hand to manage any circumstances that may have occurred. Fortunately, this staff was not needed, but the extra effort to cover that time was appreciated. MOTION by Edwards to approve the Consent Agenda with a change to December 21, 1999 regular Meeting minutes. Second by Caspar. Ayes: Five. Nays: None. Motion carried. a. Minutes of December 21, 1999, Regular City Council Meeting Amended* b. Bills Listing c. Joint Powers Agreement for 2000 Traffic Markings, Cracksealing Sealcoating d. Payment #2, Birger Pond Outlet Improvements, City Project 262 e. Payment #4. Conley Avenue Street Utility Improvements, City Project 303 f. Payment #5. McNamara Addition, Phase 2, Street Utility Improvements, CP 304 g. Payment #5 and Final, Rosemount Commons Street Utility Improvements, 300 h. Payment #2. Oakridge Estates Street Utility Improvements, City Project 310 i. Payment #3, Biscayne Pointe 2 Addition ST Utility Improvements, CP 309 j. Set Special Meeting for Commission hlterviews, January 77, 1999 k. Naming Depositories and Financial Institutions 1. Appointment of Weed Inspector m. Designation of Official Newspaper n. Appointment of Acting Mayor December 21, 1999, Minutes amended as follows: MOTION by Klassen to renew the mineral extraction pennit for the Lance Johnson property subject to the permit conditions for 2000 draft including the change to paragraph Y. by adding "stock" in front of gate, and by putting a period after the word, "located" and eliminating the remainder of the sentence. Second by Cisewski. Ayes: Busho, Caspar. Edwards, Klassen, Cisewski. Nays: None. Motion carried. 1 1 Architectural Scope of Services for Citv Hall Remodeling City Administrator Burt introduced Bob Varney from Vanney Architects to display a concept plan. Vanney noted that an inventory of the existing City Hall had been done and the plan includes capturing additional space and better working space. Department heads and staff reviewed the plan earlier and made comments which have not yet been incorporated into the drawings. The Council Chamber would be scaled down in size, expanded garages would allow for nine parking stalls with additional public works area above the garage. The main floor would all become police department. These are not final drawings so that additional input can be made. Vanney submitted a Letter of Proposal for the Scope of Services for architectural services. Council decided it would like to address this issue at a work session. MOTION by Edwards to table the agreement with Vanney Associates for architectural services for remodeling the City Hall. Second by Busho. Ayes: Caspar, Klassen, Cisewski, Busho, Edwards. Nays: None. Motion carried. Set Special Meetings for Goal Session Mayor Busho desired Councilmembers and staff to continue with a goal setting program. Because the 2000 Budget is set, these goals would be directed at 2001. Various dates were discussed. Additionally, Mayor Busho requested that an orientation meeting for all commissioners be considered. Tours of City Hall could be given. Material would include the mission statement for the City. Council agreed and discussed dates. MOTION by Busho to set two special meetings, one for all Commissioners for February 2, 2000, at b:30 p.nt. as an orientation and set a special goal setting session for Friday, February 11, at 6:30 p.m. and continue it to Saturday, February 12, at 11:00 a.ni. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Announcements Mayor Busho adjourned the meeting at 8:07 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 4, 2000 The new Rental Coordinator Maureen Asleson for the Rosemount Community Center was introduced to City Council. Councilmember Caspar announced a hockey game for Coaches vs. Alumni on January 22, 2000, 4:00 p.m. to 6:00 p.m. at the Community Center. Tickets are $3 in advance and $5 at the door. City Administrator Burt noted the property for the East -side water tower agreement has been completed. Mayor Busho announced that the City and Finance Director Jeff May received their third GFOA Award of Financial Reporting Achievement. 1 1 1 Thomas D. Burt, City Admini itrator /Deputy Clerk The City Council Agenda Packet is Clerk's File 2000 -01. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 4, 2000 Respectfully submitted, Linda Jentink, Recording Secretary 1 1 1 Commission Orientation City Hall Building Plans /Scope of Service Community Survey Liquor Ordinance Massage Ordinance ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE January 12, 2000 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on January 12, 2000, 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 Edwards, Caspar, Klassen. Staff members in attendance were City Administrator Burt, Police Chief Kalstabakken, Director of Parks Recreation Schultz, and Finance Director May. City Council reviewed the information provided by staff and suggested the date of February 2 for a meeting including all commissioners to conduct an orientation and policy review. Hiring: Public Works Director, Community Development Director, and Assistant to city Administrator City Council reviewed the job postings and job descriptions for the three positions. Council authorized the City Administrator to move forward with the Public Works Director and Community Development Director positions. The Assistant to City Administrator position is being reorganized to a Human Resource position. That job posting and job description will be updated and reviewed by the Mayor and City Administrator. City Council reviewed the plans for the city hall remodeling and made additional suggestions which will be incorporated into a new draft plan. City Council also requested that the scope of service for the architectural services be re- drafted for review at a future City Council meeting. Council discussed having a community survey this year. After considering that it is the year for the U.S. Census and general elections, Council decided it would be better to wait until next year. Administrator Burt indicated that a request for an off -sale liquor license had been received this week. Currently the number of off -sale liquor licenses is controlled by the liquor ordinance which states only two licenses are available. Council noted that they would like to consider changing that ordinance. Burt was directed to contact the City Attorney and present a revision at a future City Council meeting. Staff has had inquiries from a local chiropractor to add massage therapy to his office. Administrator Burt was directed to make revisions to the ordinance to update it and consider it at a future City Council meeting. 1 1 Update: Towing Evaluation Police Chief Kalstabakken discussed his staff report. Kalstabakken indicated that the Police Department is currently satisfied with the towing services provided by both Dick's Apple Valley Service and Phil's Auto. Staff suggests that service be continued as arranged. Family Resource Center City Council discussed the upcoming evaluation of the Rosemount Family Resource Center. Parks Recreation Director Schultz reviewed the process that would be followed by the Parks Recreation Committee. There being no further business, the meeting was adjourned at 9:30 p.m. Clerk's File 2000 -02. ROSEMOUNT CITY PROCEEDINGS CO11MITTEE OF THE WHOLE January 12, 2000 Respectfully submitted, Z Thomas D. Burt, City Adm. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 18, 2000 Councilmember Caspar asked several questions of the owner, Peter Linder. Linder noted that he does pay substantial rent for the use of the area. Linder said he did not have any other structures or balloons on the property last summer. Caspar also would like to see Linder's temporary building moved more to the east. MOTION by Busho to approve the request from Linder's Green Houses, Inc. to locate and operate the Flower Mart in accordance with the March 16, 1999 PUD agreement amendment requirements for the year 2000. Due to lack of a second, the motion failed. Mr. Linder was invited to work with staff and Rosemount Market Square to submit a revised renewal Lease Agreement with Department of Military Affairs Parks and Recreation Director Schultz presented the Agreement between the Minnesota State Armory Building Commission and the City of Rosemount to lease space. The past lease had expired in 1998 and they have been operating on a month to month basis since. The Rosemount National Guard has requested the city to take over cleaning and light maintenance of the National Guard Training C''enter. This would require the City to hire a full -time Building Maintenance Worker. Discussion was held. MOTION by Edwards to approve the 2000 Rosemount National Guard Training and C'onununity Center Lease Agreement and Addendum. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Mineral Extraction Permit Renewal: Solberg/Koch Refining Co. City Planner Pearson presented the application by Solberg Aggregate Co. to renew their mineral extraction permit for property owned by Koch Refining Co. Solberg is requesting a modification to the restoration grading plan. Lauren Howards was present to respond to City Council. Howards noted that discussion with Koch Refining indicated that the pit would be closing in three to four years. Busho noted that the City was redefining its mineral extraction policy and would like to bring that to completion before modifying Solbergs reclamation plan. City Planner Pearson noted that the modification requested can be made at any time. MOTION by Edwards to approve the mineral extraction permit renewal for Solberg Aggregate. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Announcements January 19, 7:30 a.m. University of Minnesota is hosting a History Day. There is a legislative breakfast meeting on January 21. Commission interviews are scheduled for January 22, 9:00 a.m. 1 1 1 Parks and Recreation Committee will meet January 24, 7 p.m.; and January 25, the Planning Commission meets at 6:30 p.m. Meeting Changes Councilmember Edwards noted he will be out of town on February 12 and 13 when the scheduled Goal Session is to be held. Discussion was held. MOTION by Busho to change the Goal Session to Friday, February 4, at 6;30 p.m. and to continue it on Saturday, Febniaiy 5, at 9:00 a.m. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. It was noted that the Minnesota Caucus is to he held on Tuesday, March 7, 2000 and state laws require that no meetings can be held after 6 p.m. MOTION by Cisewski to move the regular meetings of City Council and suggest moving the regular meeting of the Port Authority to Monday, March 6 and hold the Committee of the Whole on March 15. 2000. at 6:30 p.m. Second by Caspar. Ayes: Five. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 8:20 p.m. 7 Thomas D. Burt, City Administrator /Deputy Clerk The City Council Agenda Packet is Clerk's File 2000 -03. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 18, 2000 Respectfully submitted, Linda Jentink, ecording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 1, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 1, 2000, 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, Klassen. and Cisewski present. Also present were City Attorney LeFevere, City Administrator Burt, and Parks and Recreation Director Schultz. Cindy Domiden led the group in the Pledge of Allegiance. There were no changes to the agenda and no public comment. Census 2000 Presentation Teri Haapala presented information on the Census 2000 to begin on April 1. Haapala explained how the population counts determine the number of congressional seats for federal government and that disaster relief is distributed by census data. Over $200,000,000 are distributed annually. An accurate census is necessary. Forms will go out to homes on April 1'. These forms need to be returned by April 11 or a census taker has to return to the home to complete the information. Most residents will receive a short form, but one out of six will receive a long form to be completed. In Minnesota about 20% do not return the form. The U.S. average for not returning forms is 35 Job opportunities are available for residents to help with the census. Consent Agenda MOTION by Edwards to approve the Consent Agenda with a change to the January 18, 2000 regular Meeting minutes Second by Klassen. Ayes: Five. Nays: None. Motion carried. a. Minutes of January 18, 2000, Regular City Council Meeting b. Minutes of January 12, 2000, Committee of the Whole c. Bills Listing d. Contract Agreement for Garbage Service in 2000 e. Appoint City Clerk *Minutes refer to Klassen on Planning Commission several years ago, should re -state that it was last year. Mayor Busho administered the affirmation of oath for the position of City Clerk to Linda Jentink. Jentink has been with the City for twelve years in the Administration Department. Announcements Mayor Busho announced that the Comprehensive Guide Plan for 2020 was approved by Metropolitan Council. Now the City has a clear guide for land use. 1 1 1 1 Mayor Busho adjourned the meeting at 7:50 p.m. The City Council Agenda Packet is Clerk's File 2000 -04. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 1, 2000 Mayor Busho noted several upcoming meeting: Feb.2, All Commission Meeting; Busho and Caspar are attending the legislature on Feb. 4; Goal Session to be changed to Saturday only, Feb. 5, from 10 a.m. to about 5 p.m. at the Farmington Library; Feb. 7, Mayor Busho will speak to kindergartners; Feb. 8 the Kelley Trust AUAR at 7:00 p.m.; Feb. 9, Dakota Electric "Partners in Progress" will be held in Eagan; Feb. 9, 6:30 p.m. Committee of the Whole; and Feb. 11, is Teen Nite. Respectfully submitted, Linda Jentink. City Clerk 1 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Wednesday, February 2, 2000, at 6:30 p.m. in the Council Chamber at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Caspar, Klassen, Cisewski, and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, City Planner Pearson and commissioners as follows: Planning Conmrission: Kimberly Shoe- Corigan, William Droste, Jay Tentinger; Utilities Commission Donald Berg; Port Authority Michael Baxter, Sheila Klassen, Cathy Busho, John Edwards, Ena Cisewski, Jeff Caspar; and Parks Recreation Committee Keith Knautz, Kelly Sampo, and Phillip Sterner. The purpose of the meeting was to review with all city commission members the mission and vision statements for the City of Rosemount, inform them of staff and consultant services, and review legal issues affecting their positions. Mayor Busho introduced staff and City Attorney LeFevere. The Vision Statement and Mission Statement were reviewed and are stated for the record as follows:; "Rosemount offers the opportunities to live, work, shop, play, and learn while maintaining its unique historical background, and continues to enhance its small town character and pride through neighborhoods, parks, downtown. schools, and community activities." and... "The City of Rosemount and its citizens work together to provide a safe, healthy, pleasant community in a fiscally responsible manner." City Administrator Burt reviewed the organizational chart for the City, the purpose of each conunission, views of how commissions interact with City Council, and use of staff. City Attorney LeFevere presented information on the Code of Ethics, open meeting law, gift law, conflict of interest, and Data Practices Act. Mayor Busho adjourned the meeting at 8:30 p.m. ATTEST: Linda Jentink, 1 Clerk The City Council Agenda Packet is Clerk's File 2000 -05. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 2, 2000 Respectfully submitted, Thomas D. Burt, City Administrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 5, 2000 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Saturday, February 5, 2000. at 10:00 a.m. in the Farmington Library at 208 3r Avenue, Farmington, Minnesota. Mayor Busho called the meeting to order with Councilmembers Caspar, Klassen, Cisewski, and Edwards and City Administrator Burt. The purpose of the meeting was to set goals for City Council, staff, and the community. Commercial Enhancement Council would like to see continued enhancements to business areas to attract businesses to town. Potential business growth should include along Highway 3 to 160 Street. A plan should be adopted and then zoning changes made to be consistent with that plan. The University of Minnesota property could support a golf course and athletic facility. This could be an opportunity to partnership with them to obtain an athletic facility. The Dakota County Technical College is interested in having a hotel near their facility. This also could be an opportunity to partnership with them, although Council felt the hotel should be closer to Highway 3. The Bloomfield development has been abandoned and funding from that project could be used toward an extension on the Rosemount Business Park streets and utility improvements. The northwest and northeast corners of Chippendale Avenue and County Road 42 need to be considered for affordable housing redevelopment. Evaluation of Code Enforcement and Policing Council has concerns of enforcement of the sign ordinance. Possibly the ordinance needs further strengthening. Also, consideration should be made to hire a full -time code enforcement officer that would identify building, sign, residential, business and traffic code violations. The public opinion or perception of police needs positive reinforcement. The philosophy of "community policing" should continue and/or increase. Looking at the mindset of the officers might help to change internal policy and issues. Library Dakota County has no funding for a library in Rosemount. Alternatives may be for the city to provide a building, and then cooperate with perpetual maintenance, help with providing books and staff, etc. with the county. An alternative may be to combine a coffeehouse with a library or explore new possibilities other than traditional ones. 1 1 1 2020 Comprehensive Plan A discussion was held on timelines for the 2020 Comprehensive Plan and pre zoning, and a downtown mini comprehensive plan. Staftin2 Issues An update was given on three open positions. Applications are being gathered for Public Works Director and Community Development Director. Council agreed that a council liaison position at each commission would be desirable. The bylaws will be changed to reflect that. Mayor Busho would like to see improved communications with the video casting of the council meetings and improvement to the newsletter. Priority Goals 1. Adopt Commercial Enhancement Plan. 2. Have Commercial Enhancement Plan zoning be consistent. 3. Partnership with U of M for facilities. 4. Use finding from Bloomfield city project toward the street for Rosemount Business Park. 5. Guide affordable housing to northern corners of Chippendale and County Road 42. 6. Make evaluation of code enforcement. 7. Stress the philosophy of community policing. 8. Explore new possibilities for obtaining a library in Rosemount. 9. Create timelines for 2020 Plan and pre zoning, also downtown plan. Additional Goals /Issues Mayor Busho noted the following issues for consideration in the near future: North Central Sewer Survey, Comprehensive Guide Plan for Urban Residential streets, east -side sewer and water plan with phasing, Highway 55 Corridor Study, set a street width policy, update the Parks Master Plan, define mixed use industrial, clarify permitted uses in "C" districts, consider business incentives, monument signs, keep dialogue with the University of Minnesota, and consider a debt management plan. The City Administrator's review will be held on February 15, at a closed session. Mayor Busho adjourned the meeting at 4:00 p.m. Respectfully submitted, ATTEST: G Lindaa Jentink, Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 5, 2000 Ena Cisewski, Councilmember 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 15, 2000, 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 Caspar, Klassen, Cisewski, and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, Police Chief Kalstabakken, Parks and Recreation Director Schultz, City Planner Pearson. and Engineering Consultant Brett Weiss. Parks and Recreation Director Dan Schultz led the group in the Pledge of Allegiance. Their agenda was amended by pulling Consent Agenda item 6.h. Commissions Bylaw Revisions. There was no public comment. The minutes of the special meeting on February 5, 2000 were amended by Councilmember Cisewski and presented to City Council. Draft AUAR Process Update for Kelley Trust Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2000 City Planner Pearson introduced Sherri Buss, of Bonestroo Rosene Anderlik Associates, an envirotmtental expert, who reported on the special meeting held for public cotnment last week. Buss noted that a natural resource corridor has since been identified to aid animals in traveling across the land. It falls along several wetlands and will allow residents to watch wild animals. Wetland buffer areas are to be marked with monuments. Blandin turtles are found on this site and will be protected while building occurs. A bird sanctuary is planned near the senior housing. MnDOT noted that city funding would be required for signal improvements on Highway 3 Councilmember Klassen asked what recourse the City would have if the mitigation plan were not followed noting that once nature is disturbed any amount of money will not restore it as it was before. City Administrator Burt said that city inspectors would be on the job site to enforce the mitigation plan. MOTION by Edwards to approve the Consent Agenda removing Item 6. h. Commissions Bylaw Revisions and amending the minutes of February 5, 2000. Second by Caspar. Ayes: Five. Nays: None. Motion carried. a. Minutes of February 1, 2000, Regular City Council Meeting b. Minutes of February 2, 2000, Special Meeting c. Minutes of February 5, 2000, Special Meeting d. Bills Listings e. Temporary On -Sale Liquor License Dakota County Technical College Foundation f. Set Public Hearing Rosemount Business Park Phase 2, Street Utility Improvements, City Proj. 308 g. Payment #5, Conley Avenue Street Utility Improvements, City Project 303 b. Commissions Bylaw Revisions Pulled 1 1 0 i. Hiring of Building Maintenance Worker j. Metro Greenway Planting Grant k. Medical Leave for Firefighter ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2000 Application for a Kennel License Martha Simonett, 12765 Chinchilla Avenue City Clerk Jentink presented the application by Martha Simonett for a kennel license at 12765 Chinchilla Avenue, Rosemount. Ms. Simonett raises German Shepherd dogs for show. She has three adult dogs at this time. The Building Official did conduct an inspection of the kennels and found them safe and adequate for containing dogs. The Police Department did not have any complaints at their address. Notice had been mailed to neighbors 150 feet from property lines. Ms. Simonett had obtained consent from their only two neighbors on Chinchilla Avenue. The landowner to the south, Jim Jordon, noted that the dogs do run on his property and he would prefer that they didn't. Jordon has not built a home yet on the property. Ms. Simonett cormnented that she would honor Jordon's request, admitting that frequently she did walk the dogs in the woods. MOTION by Edwards to close the public hearing for Application for a Kennel License for Martha Simonett, 12765 Chinchilla Avenue. Second by Caspar. Ayes: Five. Nays: None. Motion carried. Council questioned Ms. Simonett and the consensus was there was no reason to deny the kennel license. Kennel licenses are renewable yearly on April 1, if there are complaints they would be considered. MOTION by Edwards to approve the residential kennel license for Martha Simonett at 12765 Chinchilla Avenue, Rosemount, Minnesota. Second by Klassen. Ayes: Busho, Caspar, Edward, Klassen, Cisewski. Nays: None. Motion carried. Receive Feasibility Report/Set Public Hearing for 2000 Street utility Reconstruction Improvements, City Project 316 Bret Weiss, Consulting Engineer for WSB and Associates, presented the street and utility reconstruction for Dodd Boulevard from Chippendale Avenue to Shannon Parkway and Cimarron Avenue from Dodd Boulevard to 145 Street West. This project includes sanitary sewer and water improvements as well as street and storm sewer construction. Discussion was held on adding additional parking for the fire station. Council consensus was to add parking on the fire station site rather than on Dodd Boulevard. The parking on Cimarron Avenue would he allowed on one side. MOTION by Cisewski to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND SETTING A PUBLIC HEARING FOR THE 2000 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT 316. Second by Caspar. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2000 Linder's Green House Rosemount Market Square PUD Amendment for 2000 City Planter Pearson presented three alternatives to the location of the Linder's Green House in the parking area of Knowlan's grocery. Councilmembers Klassen and Edwards were opposed to any of the locations. Mayor Busho and Councilmembers Caspar and Cisewski believed Linder's would offer a convenience and be a benefit to the community. MOTION by Caspar to approve the application of the Linder's Flower Mart with "Site No. 1" for the calendar year 2000. Second by Busho. Discussion was held with City Attorney LeFevere. Ayes: Cisewski, Busho, Caspar. Nays: Edwards, Klassen. Motion carried. 2020 Rosemount Comprehensive Plan Adoption and Moratorium Repeal City Planter Pearson attended with Mayor Busho and City Administrator Burt a Metropolitan Council meeting at which the Rosemount 2020 Comprehensive Plan was approved. The Plan now requires City Council action to adopt it. MOTION by Cisewski to adopt A RESOLUTION ADOPTING THE 2020 COMPREHENSIVE PLAN UPDATE OF THE CITY OF ROSEMOUNT. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Since the 2020 Comprehensive Plan was approved the moratorium on building is no longer necessary. MOTION by Edwards to adopt AN ORDINANCE TO REPEAL ORDINANCE XX1.4. Second by Caspar. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. Technical Erectors, Inc. Replat of Lots 5 -8, Hollenback and Nelson, Inc. First Addition City Planner Pearson reviewed the application to combine four platted lots of Hollenback and Nelson, Inc. First Addition which was originally recorded in June of 1972. However the minimum lot size has since been changed to ten acres. When these lots are combined it will be one lot of 13.21 acres. The presented resolution will vacate drainage and utility easements along the interior lot lines. The Planning Commission held a public hearing and then motioned to recommend approval. MOTION by Caspar to adopt a resolution approving the lot combination of lots 5,6, 7 and 8 of Hollenback nelson, Inc. First Addition for Technical Erectors, Inc. and causing a drainage and utility easement vacation. Second by Cisewski. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. 3 1 Announcements Mayor Busho noted the Youth Summit on Thursday, February 24 The regular meetings for City Council and Port Authority have been moved to Monday, March 6i due to the Minnesota Caucus. Closed Session: Administrator's Annual Review MOTION by Busho to convene the closed session to hold the annual review of the City Administrator Thomas D. Burt. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 10:35 p.m. The City Council Agenda Packet is Clerk's File 2000 -07. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2000 Respectfully submitted, Linda Jentink, City Clerk 1 1 1 GFOA Finance Award ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Monday, March 6, 2000, 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 Klassen, Cisewski, Caspar, and Edwards present. Also present were City Attomey LeFevere, City Administrator Burt, Parks and Recreation Director Schultz, Police Chief Kalstabakken, Finance Director May, Auditor Jerome Reutzel, and Engineers Dave Simons and Bret Weiss. Finance Director May led the group in the Pledge of Allegiance. The Consent Agenda was amended by removing Item 6. F. Rescind Bloomfiled 2 Subdivision Agreement and Redirect Funds. There was no public conmtent. Mayor Busho introduced Jerome Reutzel from the City's auditing firm ofBoekermann. Heinen Mayer and Finance Director Jeff May. May noted that staff initially started working on this financial report in December, 1998. Many reports and tables followed. Reutzel followed up with recommendations to help improve the process. This Certificate of Achievement for Excellence in Financial Reporting is looked at favorably by outside agencies when looking at the financial condition of the City. Mayor Busho commented that the City takes pride in the good job staff has done and the good representation this adds to the perception of the City. Consent Agenda MOTION by Edwards to approve the Consent Agenda with the removal of Item 6.f. Rescind Bloomfield 2n Subdivision Agreement and Redirect Funds. Second by Caspar. Ayes: Five. Nays: None. Motion carded. a. Minutes of February 15, 2000, Regular City Council Meeting b. Minutes of February 9, 2000, Committee of the Whole c. Bills Listings d. Encumbrance of 1999 Budget Items e. Appointment of Assistant Fire Chief f. J. 2000 Public Safety Dispatch Agreement h. Adopt Alternative Urban Areawide Review i. Business Park 2n Addition Final Plat Commission Bylaw Revisions g. Pulled ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2000 Receive Feasibility Report/Set Public Hearing for County Road 45/TH3 Street and Utility Improvements Engineer Dave Simons reported on City Project 284, the Street and Utility Improvements for County Road 46 from Pilot Knob Road in Apple Valley to the East side of Coates. The part within Rosemount is from Diamond Path to Biscayne Avenue and includes the relocation of Highway 3 to the east. This will include street, trail, storm drain and watermain construction. The total cost for Rosemount is $1,021,000. About 30% of the cost will be recovered through assessments to the benefiting properties, the remainder would come from City funds. A public hearing will be held on March 21, at 8:00 p.m. Also, a special informational meeting will be held on Wednesday, March 15 at 5:00 p.m. for the public. MOTION by Klassen to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND SET A PUBLIC HEARING FOR COUNTY ROAD 46 /TRUNK HIGHWAY 3 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 284. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Set Dates for Candidate Interviews for Public Works and Community Development Directors Council consensus was to hold interviews on Friday, March 24, 5 p.m. to 9 p.m. for the Public Works Director and on Saturday, March 25, 8 a.m. to noon, for the Conmiunity Development Director. MOTION by Cisewski to set special meetings for the purpose of selecting a Public Works Director on Friday, March 24, 5 p.m. to 9 p.m. and Community Development Director on Saturday, March 25, 8 a.ni. to noon. Second by Klassen. Ayes: Five. Nays: None. Motion carried. Set Date for Kelley Trust Work Session Mayor Busho noted that this meeting should be a joint meeting with the Planning Commission. Various dates were discussed. MOTION by Busho to set a special joint meeting for City Council and the Planning Commission for the purpose of having a work session on the Kelley Trust Development on Wednesday, March 22, 2000, at 6:30 p.m. Second by Klassen. Ayes: Five. Nays: None. Motion carried. PUBLIC HEARING: 2000 Street Utility Reconstruction Improvements, City Project 316 Mayor Busho explained the public hearing process. The affidavits of notice and publication were on file with the City Clerk's office for both Public Hearings. Engineer Bret Weiss gave an overview of the street and utility improvements to Dodd Boulevard and Cimarron Avenue between Shannon Parkway and Chippendale Avenue. The watennain size would be increased from 6" to 8 A walking trail will be installed on one side. The project is scheduled 2 Questions for clarification followed. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2000 to start in July and be completed in September of 2000. There are about seven homes that will be required to hook up to city water or sewer within two years. A open house was held on February 24 allowing many neighbors to get their questions answered. The fire station on the corner of Shannon Parkway and Dodd Boulevard will have additional parking added with this project as well. Cindy Smith spoke for her mother Elaine Dahl, 14875 Dodd Boulevard. She asked about the park and how those assessment costs are paid. Staff explained that that is through city funds. Markos Chouliaris, 14537 Dodd Blvd., noted he had assessments with the 145 Street project. He asked where sewer and gutter improvements would be for his commercial business. Tom Piekarski, 14800 Dodd Blvd., was opposed to having his property hooked up to water because he has a well which s working fine with no quarterly charges. However, it is State Statutes that require the City to have residents hook up to water and sewer within two years of when it becomes available. Mayor Busho opened the Public Hearing for comments. There were no comments. MOTION by Edwards to close the Public Hearing for 2000 Street Utility Reconstruction Improvements, City Project 316. Second by Caspar. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ORDERING THE PROJECT AND ORDER THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2000 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT 316. Second by Cisewski. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. PUBLIC HEARING: Rosemount Business Park Phase 2 Street Utility Improvements, City Project 308 Engineer Dave Simons presented an overview of City Project 308. This will include street extensions to the east and west ends of Boulder Trail and improvements to Biscayne Avenue. Also street lighting and landscaping will be included with a sidewalk on the north side of Boulder Trail. Property owner Brekken Enterprise is exempt from assessment because of his original development agreement. Donald and Carol Wachter's property is in the Green Acre program so the assessment would be deferred. The total project cost is estimated at 51,635,000. Carol Wachter,15247 Biscayne Avenue, asked a clarification question. She wondered if the interest would accumulate on the assessment if it was deferred. City Attorney LeFevere said yes it would. Wachter noted she were not happy with the assessment. Mayor Busho noted that if the interested parties back out of the Phase 2 Business Park property development before June, this city project could be postponed. There was no further audience input. 3 Announcements ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2000 MOTION Busho to close the Public Hearing for the Rosemount Business Park Phase 2 Street and Utility Improvements, City project 308. Second by Klassen. Ayes: Five. Nays: None. Motion carried. MOTION by Caspar to adopt A RESOLUTION ORDERING THE PROJECT AND ORDER THE PREPARATION OF PLANS AND SPECIFICATIONS FOR ROSEMOUNT BUSINESS PARK PHASE 2 STREET AND UTILITY IMPROVEMENTS CITY PROJECT 308. Second by Edwards. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Police Chief Kalstabakken noted that a Child Car Seat Safety Clinic will be held March 9 3 p.m. to 6 p.m. The American Legion has its Birthday Banquet March 11 where it will honor Policeman and Fireman of the Year. This year Police Officer Bill O'Donnell and Firefighter Jerry Noll will be honored. Parks Recreation Director Schultz noted the upcoming P &R meeting on March 27 and a new group, SUP, a youth resource, will have a presentation on Friday, March 17, at 12:30 p.m. at the Community Center. Also Teen Night will be on March 10 Mayor Busho noted that the State of the City Address will be held at the Northem Dakota County Chambers of Commerce meeting March 14, at 11:30 a.m. at the Community Center. Also the Shamrock Award winners will be announced at the Shamrock Dinner on March 18, 2000. Mayor Busho adjourned the meeting at 8:45 p.m. The City Council Agenda Packet is Clerk's File 2000 -09. 4 Respectfully submitted, Linda Jentink, City Clerk 1 1 Pursuant to due call and notice thereof a Committee of the Whole Council Meeting was held on Wednesday, March 15, 2000, at 6:30 p.m. in the Council Chambers. Mayor Busho called the meeting to order with Councilmembers Klassen, Edwards, Caspar and Cisewski present. Also in attendance was City Administrator Burt. Extended City Hall Hours City Administrator Burt discussed extended hours for city offices on Tuesdays until 6:00 to increase customer service. Council directed staff to present the item as a department update at the March 21, 2000 City Council meeting. Liquor Ordinance City Administrator Burt presented a survey of other cities off sale liquor licensing. City Council reviewed the current ordinance, which limited licenses to two. City Council directed staff to prepare an ordinance to allow one liquor store for every 6,500 residents to be presented at a future council meeting. Adult Cabaret Ordinance Performance Evaluation Standards for City Administrator Staff presented a draft ordinance to the City Council for their review that would further regulate adult uses in the City. Staff was directed to review the minimum age of a dancer and Council asked that it be increased to 21. The proposed ordinance defined distance of dancers to patrons; however, council directed staff to define a physical barrier at the distance identified in the ordinance. Council Pay Increase There being no further business the meeting was adjourned at 9:35 p.m. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MARCH 15, 2000 City Council reviewed the Association of Metropolitan Municipalities salary survey on City Council salaries. Staff was directed to prepare a resolution to adjust the Mayors salary to $5,500 annually and City Council salary to $4,800. In addition all special meeting pay will be eliminated. Staff was also directed to prepare a travel policy for council review at a future work session. Two proposed evaluation standards from Mayor Busho and Councilmember Klassen were prosented. Discussion and clarification of items were made. Council directed Mayor Busho and Cotntciolmember Edwards to finalize and present to Council revised forms on March 21, 2000, in a closed session following the regular City Council meeting. 1 1 1 The Clerk's File Number for this Council Packet is 2000 -10. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MARCH 15, 2000 Respectfully submitted, Linda Jentink, City Clerk 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 21, 2000, 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 Caspar, Klassen, Cisewski, and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, Parks and Recreation Director Schultz, and Engineering Consultants Bret Weiss and Dave Simons. Newspaper reporter for the ThisWeek, Pat Burn, led the group in the Pledge of Allegiance. Two items were added to the agenda: 1.) Consent Agenda 6.i. East -Side Water Tower Resolution Correction. and 2.) Closed Session for City Administrator's Evaluation. Public Comment Play Equipment Contracts for Kidder and Camfield Parks ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH, 21, 2000 Thomas VonBische from Heritage Development expressed concern that neither a Public Works Director or Community Development Director were on staff to accept his up- coming petitions for new developments. City Administrator Burt explained that those positions are open but that interviews are planned to be conducted this Friday and Saturday. In the interim, Burt is available to conduct business as usual in both departments. Parks and Recreation Director Schultz presented drawings of the proposed play equipment for Kidder Park and Camfield Park. Public input was provided at neighborhood meetings. Four bids were received, reviewed. and scored by a team made up of Parks and Recreation Committee Member Sampo, Maintenance Worker .lim Koslowski, and Director Schultz. The Parks and Recreation Committee recommends Midwest Playscapes with Playwork Systems. Woodchips will be used for ground cover. All equipment has the standard limited warranties. The park improvements are expected to be completed by mid-June. Neighborhood volunteers will help construct Kidder Park and Camfield Park with dedication ceremonies on the same day. MOTION by Klassen to approve the play equipment contracts with Midwest Playscapes for Kidder Park and Camfield Park. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Extended City Hall Hours City Administrator Burt explained that City Hall will extend their hours on Tuesdays after April 1 to 6:00 p.m. to improve customer service to the residents. The Building Department will "man the counter" for building inspection information, and the Deputy Registrar Office for motor vehicle transactions and receiving of water bills. Also the Parks Recreation Dept. at the Rosemount Community Center will be open Tuesdays until 6:00 p.m. for program registrations as well as to 1 Consent Agenda Hire Human Resource /Communication Coordinator 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH, 21, 2000 answer general questions. The Police Department reception area will continue to be open to 7:00 p.m. each weeknight. MOTION by Klassen to approve the Consent Agenda with the addition of Item 6.i. East -Side Water Tower Resolution Correction and an amendment to page four of the minutes for March 6, 2000, regarding the definition of SUP. Second by Caspar. Ayes: Five. Nays: None. Motion carried. a. Minutes of March 6, 2000, Regular City Council Meeting b. Bills Listings c. Expenditure Approval From Donation Account for Parks Recreation Department d. Call for a Public Hearing for Modification to TIF District No. 1 and Development Program e. "No Parking Resolution for Biscayne Avenue, City Project 313 f. Addition of IvISA Streets g. Ratification of Fire Department Appointments h. Biscayne Point 3` Addition Final Plat i. East -Side Water Tower Resolution Correction City Administrator Burt reviewed the selection process for the Human Resource /Communication Coordinator. There were about 30 applicants and 5 were interviewed. Paula Graff was selected. She has worked for the city of St. Louis Park as Human Resource Director and currently is employed in Crookston for Community Action Council. Staff recommends hiring Paula Graff. MOTION by Edwards to approve the hiring of Paula Graff for the position of Human Resource Coordinator. Second by Cisewski. Discussion ensued. A friendly amendment was made by the motion's initiator Edwards to include the word "Communication" after Resource. Second Cisewski agreed. MOTION by Edwards to approve the hiring of Paula Graff for the position of Human Resource/Communication Coordinator. Second by Cisewski. Ayes: Busho, Caspar, Klassen, Cisewski. Nays: None. Present: Edwards. Motion carried. Council will have a review of the policy on probation, budgeted salaries and salary ranges at the next work session, April 12. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH, 21, 2000 PUBLIC HEARING: County Road 46/Trunk Highway 3 Street Utility Improvements, City Project 284 Mayor Busho explained the Public Hearing procedure and confirmed with City Clerk Jentink that the affidavits of public notice and publication were on tile. Engineer Dave Simons gave an overview of City Project 284. This will be an up -grade for 160'" Street along the southern border of Rosemount. This will also include a realignment of Highway 3 routing to the east of the City Limits Lanes and Lounge. Dakota County is spearheading this major project which extends from Pilot Knob Road in Apple Valley to the east side of Coates. David Zech from Dakota County fielded questions on the project. Rosemount hosted an open house on March 15, 2000 and Dakota County held four previous public informational meetings. The streets are slated to remain partially open during construction, with either the south or north side closed while the other side is under construction. There are no intersection signals planned at this time but in- ground conduit will be put in place for the future. Stop signs will be used until usage warrants a change. Council discussed the installation of' a segment of sanitary sewer that will not be used until development requires it. Engineer Simons noted that this sewer needs to be very deep to serve areas of low elevation. and that to go in at a later time and disrupt new streets would be extremely costly. This segment would serve the south part of the Rosemount Business Park area in the future because there is no service available from the north or east. Mayor Busho opened the Public Hearing and called for any audience comment. Bret DeBates, from Lakeville, is an owner of a duplex on 160 Street with a proposed assessment. DeBates noted he is willing to sell but with the mounting assessments he is unable to. DeBates feels that he does not benefit from these assessments because his driveway and lot size are diminished and he will be required to hook up to water and sewer, which he already has. DeBates complained that his existing drain field will be disrupted and he is unsure if it will function properly. Engineer Simons explained that Mr. DeBates will not be assessed for any water or sewer for this project, only the street improvements. Engineer Zech noted that the project west of Highway 3 is expected to begin in August. Engineer Zech stated that over $7 million dollars, or 80% of the funding for the project will be paid by the gas tax from the State. MOTION by Edwards to close the Public Hearing for County Road 46/Trunk Highway 3 Street Utility Improvements, City Project 284. Second by Caspar. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ORDERING THE PROJECT. APPROVING THE PLANS AND SPECIFICATIONS AND APPROVING ADVERTISEMENT OF BIDS BY DAKOTA COUNTY FOR COUNTY ROAD 46 /TRUNK HIGHWAY 3 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 284. Second by Busho. Announcements 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH, 21, 2000 A friendly amendment to the motion was requested by Edwards to add, "contingent on approval by the State." Second Busho agreed. After discussion it was agreed to put this into a separate motion. MOTION by Edwards to adopt A RESOLUTION ORDERING THE PROJECT, APPROVING THE PLANS AND SPECIFICATIONS AND APPROVING ADVERTISEMENT OF BIDS BY DAKOTA COUNTY FOR COUNTY ROAD 46 /TRUNK HIGHWAY 3 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 284. Second by Busho. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. MOTION by Edwards to have City Council notified of any subsequent changes made by the State of Minnesota on City Project 284, County Road 46 /Trunk Highway 3 Street and Utility Improvements. Second by Klassen. Ayes: Five. Nays: None. Motion carried. Engineer Bret Weiss suggested to have the assessed properties "pre- assessed" in April or May, in order to have some cash flow. This is allowed in the Assessment Policy. Council was in agreement. Mayor Busho congratulated Councilmember Klassen on her work with the SUP Youth Program held on March 17. The Shamrock Award Dinner was well attended and this years winners were: Senior Citizen, Judy Werner; Citizen. Patricia Roberts; Teen, Johannes Mauritzen; and Business of the Year, City Limits Lanes .l.l's sports Bar Grill. Future meetings include: March 22, Joint Commission on Kelley Trust Development now named Evemzoot, Interviews will be held for the Public Works Director March 24, and for the Conn unity Development Director on March 25; the Parks Recreation Committee will be held March 27; and Planning Commission will be March 28. Councilmember Edwards noted that a national police group will hold a week long seminar on National White Collar Crime focusing on computer and web page crimes at the Rosemount Community Center. Councilmember Klassen is helping youth to initiate an Anti- Tobacco Awareness Campaign. They will be working with Dakota C'ounty to help keep tobacco from being sold to minors and other ideas to discourage teen smoking. MOTION by Busho to enter into a Closed Meeting by the authority to 1) discuss pending litigation and 2) discuss an employee subject to Council's control. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to call for a ten minute break prior to the Closed Session. Second by Klassen. Ayes: Five. Nays: None. Motion carried. CLOSED SESSION: Bloomfield 2" Subdivision Agreement and Personnel /City Administrator's Evaluation 1 1 1 MOTION by Busho to reconvene the regular City Council meeting. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION AUTHORIZING ACQUISITION OF STREET RIGHT OF WAY BY EMINENT DOMAIN on Bloomfield 2i Subdivision Agreement. Second by Busho. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 9:45 p.m. The City Council Agenda Packet is Clerk's File 2000-11. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH, 21, 2000 Respectfully submitted, Linda Jentink, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL JOINT MEETING MARCH 22, 2000 Pursuant to due call and notice thereof, a special all commission meeting was duly held on Wednesday, March 22, 2000. Mayor Busho called the meeting to order at 6:40 pm. with Council members Cisewski and Klassen; Planning Commissioners Droste, Shoe Corrigan and Tentinger; Parks Recreation Committee members Eliason, Larson, Sampo, and Sterner; Utility Commissioners Berg, Heinnkes, and Mulhem. Also present were: City Administrator Burt, Police Chief Kalstabakken; Parks Recreation Director Schultz; Acting City Engineer Weiss; Water Resources Engineer Morris; and City Planner Pearson. Kelley Trust (Evermoor) Development Issues Mayor Busho welcomed the Commissioners and the Development Team led by Homer Tompkins, and facilitated introductions. The Mayor then explained the expectations for Council direction concerning the issues to be discussed. PUD Conditions City Planner Pearson discussed the potential inconsistencies between the PUD Concept conditions of approval and the preliminary plat. Setbacks, variances and the transition between existing housing and the Active Senior housing were the primary concerns. Most of the issues can be dealt with through the PUD agreement. Wetlands Dwight Jelle of Westwood explained the development's impact on wetlands and briefly discussed sequencing. Water Resources Engineer Morris explained the wetland permit process and some of the expectations regarding mitigation identified by city staff. Issues to he resolved, or expectations of mitigation will include: 1. Retaining walls to reduce the impact on wetlands from new street construction. 2. Long term maintenance agreements with the developer to ensure that the mitigated wetlands are established and perform their function. 3. Enhanced plantings along identified corridors for wildlife movement and habitat (to the extent possible). 4. Wetland "averaging" of the buffer zones will be acceptable to the city where necessary in mitigated areas. 5. A specific planting plan for Birger Pond will be provided and installed by the developer to re- establish appropriate plant species in the Birger Pond area. 6. An education effort must be made concerning the value and function of preserved wetlands. Street Widths Brett Weiss of WSB explained the concerns regarding the proposed reductions to street width standards. City staff is continuing to examine the issue with expectations of assembling a recommendation in time for the April 11, 2000 Planning Commission public hearing (con't). Council member Cisewski suggested that from now on, all street widths be explained in terms of face to face dimensions for consistency. Street width issues and recommendations will involve: 1. Equipment investment needs resulting from reduced street widths. 2. The expected need for parking bans on one or both sides of reduced width streets. 3. One way circulation options 4. Streetscape maintenance especially regarding boulevard trees. 5. Snow storage space and utility locations. 6. Developer will provide additional information as a decision aid. 7. "Face to face" standard dimensions from now on. 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL JOINT MEETING MARCH 22, 2000 S. Parking should be provided on the edge of the mini- parks, or on at least one side of the street. Park Land Open Space The developer explained the various options regarding open space and a desire for the city to absorb 117 acres for essentially public park use. Parks and Recreation Director Schultz indicated that the anticipated park dedication requirement for land amounted to 26 acres in addition to the prededication of Shannon Park. Dwight Jelle indicated that there would he 126 acres of open space that would be preserved or dedicated for parks that does not include wetlands. Overall, the parks and open space discussions will cover the following issues: 1. Homeowner association's abilities to maintain open space and plantings. 2. The balance of public and private open space (amount of park dedication). 3. The overall consistency with the Park Facilities Master Plan. 4. Birger Pond design and ultimate use (parking?). 5. Status and function of the mini parks in the traditional neighborhoods. 6. Budgetary constraints relative to maintenance. Planning Issues Transitions, housing style consistency and setbacks will be handled in the PUD agreement. The northern edge will have a "build- free" zone also specified in the PUD agreement. The transition between existing houses on Shannon Parkway will be separated from the Active Senior housing by a densely planted corridoi. Terry Metula of D. R. Horton provided examples of the Active Senior housing units. The unique element of this housing is the "clubhouse" which will contain association and recreational amenities. The Council's reaction to private amenities was positive. The area will be intensively landscaped and the developer will have to guarantee variety in the housing styles. The primary issues include: 1. "No -build zone" for accessory structures on northern edge. 2. RVs, boats and other "toys" will be regulated or prohibited by the HOAs. 3. There will be no "blanket variances 4. Active Senior housing will have 5 or 6 products to guarantee diversity. Lastly, the tree preservation, removal and replacement were shown to be consistent with requirements of the tree preservation ordinance. However, the removal will be extensive. City Attorney Comment A condition of preliminary plat approval should include the granting of easements for the edge encircling Birger Pond containing the "bounce" between the normal or ordinary water elevation and the 100 -year flood elevation which is sometimes referred to as the "donut." The City Council Agenda Packet is Clerk's File 2000 -12. Respectfully submitted, Rick Pearson Recording Secretary 1 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 4, 2000, 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 Caspar, Klassen, Cisewski. and Edwards present. Also present were Attorney Greensweig, City Administrator Burt, Parks and Recreation Director Schultz, Police Chief Kalstabakken, City Planner Pearson, and Engineering Consultant Bret Weiss. Senior High Principal Greg Clausen led the group in the Pledge of Allegiance. The agenda stood as presented. Public Comment Reid Hansen, President of the Rosemount Business Council, 12490 Canada Court, reviewed the formation of the new group. He reported that there are now 29 members of which many were present. Their purpose is to affect local government and work in partnership for the vision for the business community. They request a framework to develop this interaction. Mayor Busho noted that it will be taken under consideration at the next work session. Tobacco Awareness Month Proclamation Police Chief Kalstabakken requested that April be proclaimed as Tobacco Awareness Month in the City of Rosemount. At the Dakota County Youth Summit held in February, students identified the problem of illegal use and sale of tobacco products in the community. A group of students niet with Principal Greg Clausen, Police Chief Kalstabakken and School Staff Member and City Councilmember Sheila Klassen to develop a cooperative effort with actions. An awareness canrpaigm is planned at the Rosemount High and Middle Schools. Letters will go to all tobacco venders in Rosemount discussing ways to curtail youth access to tobacco. A visual display of a coffin filled with tobacco products will be displayed. Jennifer Burke and Kyra Roth from Rosemount High School described their efforts and commitment to tobacco awareness. Kaaren Berg and Reyne Lauer were also present and were students that helped extensively with the cooperative efforts to discourage use of tobacco products. MOTION by Klassen to proclaim April as Tobacco Awareness Month in the City of Rosemount, focusing on the illegal sale to and use of tobacco by youth. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. Tree City USA Award 8"' Year Parks Recreation Director Schultz announced that the City of Rosemount was awarded the Tree City USA Award for the eighth year in a row. The City is required to meet four criteria to qualify: 1) have a Tree Board or Department, 2) have a Community Tree Ordinance, 3) have a Community 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 2000 1 Forestry Program, and 4) have a Arbor Day Observance and Proclamation. We are proud of this achievement and the help that is given to the residents of Rosemount. An Arbor Day celebration will be held on May 20, 2000, with a tree give -away program. Hire Community Development Director City Administrator Burt reported on the hiring process used to select James Parsons for the Community Development Director position. Five candidates were interviewed. Mr. Parsons is prepared to begin work on May 8, 2000. He is currently the Assistant to the City Manager for the City of Hopkins and has also worked for the City ofJordan as the Economic Development Director. MOTION by Edwards to approve the hiring of James Parsons as Community Development Director. Second by Caspar. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Consent Agenda Fox Lot Split and Rezoning 15391 Emery Avenue ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 2000 MOTION by Edwards to approve the Consent Agenda. Second by Klassen. Ayes: Five. Nays: None. Motion carried. a. Minutes of March 15, 2000 Committee of the Whole b. Minutes of March 21, 2000 Regular City Council Meeting c. Minutes of March 22, 2000 All Commission Meeting d. Bills Listings e. Budget Amendments f. Donation Account Expenditures- D.A.R.E. Equipment Funds g. Order Feasibility Report- Section 31 Sanitary Sewer Improvements, City Project 317 h. Receive Plans Spec's /Order Ad for Bid for Biscayne Pointe Third Addition Street Utility Improvements, City Project 313 i. Mayor and Council 2001 Salary Adjustment j. Amend City Code Section 2 -1 -1 k. Mineral Extraction Permit Renewal: Danner Inc. City Planner Pearson reviewed the request for a lot split for Henry Fox to divide his farm into a 4.47 acres for his home, a farmstead of 35.8 acres, and the remaining parcel of 120 acres. An existing garage will be rendered non- conforming because it will be 12.9 feet from the property line. A variance would allow the 4.47 acres to continue in the Agriculture Preserve program per Minnesota State Statutes 473H.03 subd. 4 noting as long as two sides of the parcel consist of land eligible for the program. MOTION by Klassen to adopt a resolution approving the Agricultural Lot Split for Henry Fox. Second by Caspar. Ayes: Edwards. Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 2000 MOTION by Klassen to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE rezoning Parcel B to Agriculture for the Henry Fox Agricultural Lot Split. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Basic Builders Comprehensive Plan Amendment, Rezoning and PUD Concept City Planner Pearson reviewed the development request by Jeff Nivila of Basic Builders. The Planning Commission's review resulted in a tie vote, or denial of the development. The area is currently zoned Public /Institutional which was amended from agricultural upon the landowners request several years ago. A Minor Comprehensive Plan Amendment would also be required from Metropolitan Council. Sanitary sewer may not be available to that area for about 18 months providing appropriate approvals are received. Council discussed the potential problems and detemrined this development is premature due to the lack of infrastructure. ISIOTION by Edwards to deny the amendment to the 2020 Comprehensive Plan for the Basic Builders. Second by Klassen. Ayes: Cisewski, Busho, Edwards, Klassen. Nays: None. Present: Caspar. Motion carried. MOTION by Busho to prepare finding for denial. Second by Edwards. Ayes: Busho, Edwards, Klassen, Cisewski. Nays: None. Present: Caspar. Motion carried. PUBLIC HEARING: Adoption of Business Subsidv Policy Under MS Sections 116J.993 to 116J.995 Mayor Busho explained the Public Hearing procedure and confirmed with City Clerk Jentink that the affidavits of public notice and publication were on file. City Administrator Burt noted that the 1998 Legislative Session brought forth requirements to Local governments to provide a policy for public subsidies in excess of 8100,000. The Port Authority Commission reconmrends the adoption of the policy. There are no projects pending that this policy would apply to presently. MOTION by Edwards to close the Public Hearing for the Adoption of Business Subsidy Policy. Second by Caspar. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to approve the Business Subsidy Criteria Policy for the City of Rosemount. Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. JAC Companv Fence Height Variance Petition City Planner Pearson presented the request by John Ryan to construct a six -foot high fence along the perimeter of the former Extreme Motor Sports property along South Robert Trail, expanding the Genz -Ryan site. The fence on the northern boarder is non conforming. The hardship criteria for 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 2000 variances could not be proven with this request since outside storage is not allowed in Commercial Districts. The Planning Commission did grant the variance with conditions based upon the length of time that the business had been established in Rosemount and that there were no current plans to relocate elsewhere in the city. The Zoning Administrator (City Planner Pearson) may request an appeal of the decision of the Board of Appeals and Adjustments (City Council) within ten days. Mr. John Ryan spoke in behalf of the variance. Ryan noted he had never been approached to relocate his business. Genz -Ryan Inc. was started in 1910 and has been in Rosemount for 51 years. Council did say they did not wait Mr. Ryan's business to move out of the community. However, zoning must be upheld in order to maintain a well planned community. Councilrnember Klassen was present at the Planning Commission meeting when this variance was addressed. The original motion resulted in a 2 -2 vote. City Administrator Burt noted that a 2 -2 vote is in effect a "failed motion" or denial of the variance. Klassen said that the conditions were then added to the variance motion and it passed with a 3-1 vote. MOTION by Caspar to schedule a public hearing for 8:00 p.m., April 18, 2000 or May 2, 2000 to consider an appeal of the decision of the Board of Appeals Adjustments. Second by Klassen. Discussion ensued. A friendly amendment was made with consent of the notion maker and second. MOTION by Caspar to adopt A RESOLUTION RELATING TO THE JAC COMPANY FENCE HEIGHT 'VARIANCE PETITION and to schedule a public hearing for 8:00p.m., April 18, 2000 or May 2. 2000 to consider an appeal of the decision of the Board of Appeals Adjustments. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Development Agreement for Habitat for Humanity The Port Authority deeded the land where Roy's Sports was located to the City in order to convey that property to Habitat for Humanity for the development of two residential dwelling units. Roy's Sports buildings will be demolished in the next sixty days and construction of new homes should begin in the fall. MOTION by Klassen to approve the Contract for Private Development by and between the City of Rosemount and Twin Cities Habitat for Humanity. Second by Cisewski. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Sale of Safety -Kleen to SKB City Administrator Burt had been notified that Safety -Kleen was negotiating the sale of their business with SKB Environmental. Don Chapdelaine was present to relay that regional organizations have been contacted and that Dakota County was asking for a statement of fact that this sale will not impact zoning or require any ordinance changes. City Attorney Greensweig noted that the Safety Kleen Interim Use Permit is not transferable. 1 1 1 Rick O'Gara, President of SKB Environmental, gave a summary of the formation of his company. One primary goal of the company is to protect the environment. SKB has nine facilities in the seven county area, and they have never had any violations. SKB will not change the purpose of the landfill and would commit to fulfillment of all agreements as established with the City. Councilmember Caspar asked how SKB would plan to "close" the cells in Rosemount. O'Gara noted that often the smooth appearance after a cell is closed tells people that it was a landfill. O'Gara suggested that an irregular landscape would he a benefit. O'Gara noted his company would be willing to help with the city -wide clean -up day. Mayor Busho asked staff to prepare documents for the Interim Use Permit and consider language to respond to Dakota County stating that no zoning changes or ordinance changes are required for the transfer of ownership of Safety- Kleen. This will be addressed again at the April 18 regular City Council meeting. Announcements Mayor Busho noted several community meetings including the Egg Hunt on April 15; an international delegate of Chinese on Monday, April 17 with Dakota County Economic Development; and the next City Council meeting on April 18. MOTION by Busho to enter into a Closed Meeting by the authority to discuss an employee subject to Council's control. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 9:35 p.m. CLOSED SESSION: PersonnellCity Administrator's Evaluation MOTION by Busho to adjourn the closed City Council meeting. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 10:35 p.m. The City Council Agenda Packet is Clerk's File 2000 -15. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 2000 Respectfully submitted, Linda Jentink, ity Clerk ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE APRIL 12, 2000 Pursuant to due call and notice thereof a Committee of the Whole Council Meeting was held on Wednesday. April 12, 2000, at 6:30 p.m. in the Council Chambers. Mayor Busho called the meeting to order with Councilmembers Klassen, Edwards, Casper and Cisewski present. Also in attendance were Parks Recreation Director Schultz, Water Resources Engineer Morris, City Planter Pearson, and Acting City Engineer Weiss. Rosemount Business Council The Mayor and Councilmembers acknowledged members of the Rosemount Business Council who were present. The Councilmembers discussed the efforts to date regarding the Commercial Area Design Enhancement Plan, participation of the Redevelopment Focus Committee and the Downtown Seeping Committee. The identified concerns relative to the new group were: additional process expectations, special interests of the new group, and especially, the new group receiving superior access to the City Council over individuals and other groups who would participate through the public continent portion of any Council or Commission meeting. It was noted that the Business Council did not represent every business in Rosemount. Councilmembers agreed to accept the letter previously presented with no anticipated changes to current procedures or policies. Kelley Trust Property City Planner Pearson explained the extent of discussions that have occurred between the Cities of Apple Valley and Rosemount concerning the possible swap of land through annexation. The result would give all of the Valleywood golf course currently in Rosemount to Apple Valley. In return, Rosemount would gain six estate lots with peripheral land for utilities and green space, as well as the edge of Birger Pond currently in Apple Valley. The benefit is to gain control of the entire perimeter of Birger Pond for park development. The six lots are at the end of a long cul -de -sac with no other connections to Apple Valley. After some further discussion regarding the merits of additional dwellings on Birger Pond, the Councilmembers agreed that the "swap" of land between the two cities was acceptable. Parks Recreation Director Schultz discussed the scenario of the Birger Pond Park dedication. The park would include the pond area between the normal water elevation and the 100 -year flood elevation characterized as "the donut While it is unusual to acquire a ponding "bounce" area, this situation is special with special amenities including aquatic plantings and educational opportunities. Consistent maintenance and overall control of the entire pond area would also contribute to a better park. Mayor Busho expressed the need for a policy to guide further actions, and ensure that the Birger Pond situation was unique. Discussion ensued concerning the appropriate break down of open spaces. Parks Rec. Dir. Schultz explained the recommendation of 18.6 acres for Birger Pond and the additional acreage for the scenic overlook. The high -point of the development was considered. The Parks and Recreation Committee dismissed this areas importance because of the post development views of rooftops. The 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE APRIL 12, 2000 street design for this part of the estate home neighborhood did not lend itself to redesign. Councilmembers agreed. Director Schultz explained the recommendation for trails, that the city would maintain the trails with an easement in a twenty -foot wide corridor. Most of the rest of the open space should remain public or private open space. Mayor Busho proposed several wetland areas that would become city responsibility, but not necessarily park space. The concern was to ensure that the trails would be accessible to anyone. Craig Rapp of Contractor Property Developers Company (CPDC) indicated that the developer could maintain the open space for 3 -5 years. Then, the Homeowners Association would take over responsibility for maintenance. Councilmember Edwards asked if the developer and the city could enter into a partnership to reimburse the city for maintenance. Other options including escrows were discussed. Some additional discussion with the developer would be necessary. Homer Tompkins of CPDC suggested that the homeowners association would ultimately be responsible for maintenance. The concern of the future homeowners association ability or willingness to be responsible is still at issue. Parks Director Schultz indicated the recommendation to maintain the trails only. Acting City Engineer Weiss mentioned that the city would not likely want to be in a position to have to remove fallen trees after a storm. Councilmember Edwards asked what the city would gain from having responsibility for the amenities. Mayor Busho added the concern for the cities ability to provide higher standards or expectations of maintenance service in the Evermoor area than that which occurs in other parts of the city. Staff will be assembling specific recommendations regarding the ultimate status of all of the various public /private spaces. Councilmember Casper discussed his concerns regarding the need for additional ballfields in the city. The AAA has discussed several alternatives for potentially limiting programs The Councilmembers discussed the Kelley Trust park dedication and how this need should be met on a city -wide basis. Director Schultz indicated that he had requested that AAA provide demographic projections to assist in future facility planning. Acting City Engineer Weiss explained the staff recommendation regarding street widths. "Street A" would be 32' wide (face to face) except where lots front on the street west of Shannon Parkway. The street would be 36' wide in this area to allow space for passing around turning vehicles. Most local streets would be 28' wide with parking allowed on one side. There would also be some 24' wide one way only streets, particularly in the traditional neighborhood. 24' wide streets would also have parking on only one side. Parking may be enhanced with "bump- outs" or indentations along the street specifically for parking. Striping options were also discussed. Connemara Trail would probably he 52' wide to match the existing, but additional study will be needed to reach final conclusions. Since Connemara is in the second phase, sufficient time should be available to arrive at mutually acceptable solutions. Snow plowing issues were discussed which included several options. There appeared to be consensus for a policy that would create a limited parking ban for snow plowing. Older parts of the city would probably have to be exempt. Such a policy would have to be easy to understand in contrast to Minneapolis and St. Paul snow emergency procedures. After considerable discussion, the Councilmembers found the staff recommendations for street widths to be acceptable. The Councilmembers expressed interest in the recommendation for a tunnel under Connemara Trail. The street connection to 131st Street West did not have support. It may be 2 1 1 1 recommended for a utility connection and possibly a trail. Last of all, the idea of interrupting Street S between Streets BB and U did not have support from the Councilmembers. Commissioner Appointments An add for commission appointments will be placed next week. The goal would be to appoint new Commissioners on or about June 1. The merits of commissions having 3 to 5 members were discussed. The worksession adjourned at 10:00 p.m. The City Council's Agenda packet is Clerk's File 2000 -16. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE APRIL 12, 2000 Respectfully submitted, Rick Pearson, City Planner ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 18, 2000, 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 Klassen, Cisewski, and Edwards present. Also present were City Attorney LeFevere, Finance Director May, Parks and Recreation Director Schultz, City Planner Pearson, and Engineering Consultant Bret Weiss. Finance Director May led the group in the Pledge of Allegiance. The agenda stood as presented; however, two additional documents were added in support of Item 6.11. Approve AT &T Tower Lease Agreement and Item 8.b. Sale of Safety -Kleen to SKB Environmental, Inc. Response to Public Comment Mayor Busho acknowledged the receipt of the Rosemount Business Council's letter at the April 4'", 2000. regular City Council meeting. Hiring of Public Works Director Finance Director May reported on the hiring process used to select Dan Fick for the Public Works Director position. Five candidates were interviewed. Mr. Fick is prepared to begin work on May 15, 2000. He is currently the Assistant City Engineer for the City of Austin. MOTION by Cisewski to approve the hiring of Dan Fick as Public Works Director for the City of Rosemount. Second by Klassen. Ayes: Busho, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Permanent Hiring of Rental Coordinator Parks Recreation Director Schultz recommended the permanent hiring of Maureen Asleson after a successful six month probation period. Maureen started October 15, 1999. She has presented valuable people skills and a great attitude. Councilmember Edwards and Mayor Busho have interacted with Ms. Asleson for use of the Conmtunity Center and agreed she did a wonderful job of making certain all building needs were met. MOTION by Edwards to approve the permanent hiring of Maureen Asleson for the position of Rental Coordinator. Second by Klassen. Ayes: Edwards. Klassen, Cisewski, Busho. Nays: None. Motion carried. 1 1 1 1 Consent Agenda Basic Builders Finding of Facts Sale of Safetv -Kleen to SKB Env ironmental ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 2000 MOTION by Klassen to approve the Consent Agenda. Second by Edwards. Ayes: Four. Nays: None. Motion carried. a. Minutes of April 4, 2000 Regular City Council Meeting b. Bills Listings c. Biscayne Avenue Parking d. Resignation of Firefighters e. Adult Cabaret Ordinance .Amending City Code Title 3 Ord. No. XVI.43 f. Hiring of Building Inspector g. Award Contract for Tennis Court Projects at Claret and Charlie's Parks h. Approve AT T Tower Lease Agreement i. Receive Feasibility Report/Set Public Hearing Section 31 Sanitary Sewer Improvements, City Project 317 City Planner Pearson presented a revised Findings of Fact for the Basic Builders Residential Planned Unit Development(PUD). Pearson provided some background on the Comprehensive Guide Plan from 1980 to present regarding the zoning districts for the property on the west side of Biscayne Avenue, north of the National Guard maintenance facility. In 1993 the property was zoned Public Institutional which it remains today. It is bordered by the railroad tracks on the west side. City Council considered this PUD at the regular April 4, 2000, City Council meeting and at that time directed staff to compile Findings of Fact for denial. MOTION by Edwards to adopt A RESOLUTION FOR DENIAL OF A COMPREHENSIVE PLAN AMENDMENT, REZOINING AND CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT REQUESTED BY BASIC BUILDERS BASED UPON CITY COUNCIL'S FINDINGS OF FACT. Second by Cisewski. Ayes: Cisewski, Busho, Edwards, Klassen. Nays: None. Motion carried. Finance Director May noted that this subject was discussed at the regular City Council meeting on April 4. 2000. City Attorney LeFevere was directed to create a document for approval. LeFevere presented a resolution authorizing assignment in three areas: 1) the Interim Use Permit, 2) the Development Commitment; and 3) the Rosemount Community Trust Agreement. This would authorize the City Attorney to execute necessary documents for approval of sale. Councilmember Edwards had concerns generated from a newspaper article in the St. Paul Pioneer Press which made allegations about a tom liner and also illegal dumping which may have occurred. Edwards asked who would be responsible if the sale transfer takes place. SKB President Rick O'Gara said his firm will be fully responsible once they have ownership for any forgoing conditions. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 2000 O'Gara explained the condition of the liner and its pending repair. O'Gara said there had not been any contamination in the ground, because the three liner technology has worked. O'Gara was confident that this is an excellent landfill which is highly regulated with records to show what material has been placed there. Council requested that they be notified of any failure of the cells. MOTION by Busho to approve the assignment of the Interim Use Permit, Trust Agreement. and Development Commitment subject to the approval of all legal fornis by the City Attorney. Second by Cisewski. Discussion ensued. City Attorney LeFevere advised that the newly prepared resolution title would be an appropriate motion. Motion maker Busho and second Cisewski withdrew this motion. MOTION by Busho to approve A RESOLUTION AUTHORIZING ASSIGNMENT AND ASSUMPTION OF OBLIGATIONS OF USPCI, INC. AND ITS SUCCESSORS FOR AN INDUSTRIAL CONTAINMENT FACILITY IN THE CITY OF ROSEMOUNT BY SKB ENVIRONMENTAL, INC. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. PUBLIC HEARING: JAC Co. Fence Height Variance Appeal Mayor Busho explained the Public Hearing procedure and confirmed with City Clerk Jentink that the affidavits of public notice and publication were on file. City Planner Pearson reviewed the Planning Commission's approval for a variance for JAC Co. and that it did not meet the criteria for hardship and may be arbitrary. Council agreed. There was no audience present. MOTION by Edwards to close the Public Hearing for the JAC Company (Genz -Ryan) Variance Petition. Second by Klassen. Ayes: Four. Nays: None. Motion carried. Council reviewed the five findings City Planner Pearson had compiled and agreed with them. MOTION by Edwards to direct staff to prepare findings in support of overturning the decision of the Board of Appeals Adjustments. Second by Klassen. Ayes: Cisewski, Busho, Edwards, Klassen. Nays: None. Motion carried. Announcements Mayor Busho noted several community meetings including the Egg Hunt on April 15 that was rescheduled to April 22 due to weather: Parks Recreation Committee on April 24; Planning Commission on April 25; and the next City Council meeting is May 2, 2000. Councilmember Klassen announced she has a stray cat to give away, contact her if interested. Mayor Busho adjourned the meeting at 8:40 p.m. 1 1 1 The City Council Agenda Packet is Clerk's File 2000 -17. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 2000 Respectfully submitted, Linda Jentink, .ity Clerk 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. May 2, 2000. at 7:30 p.m. in the Council Chamber at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmemhers Klassen, Cisewski, and Caspar present. Also present were City Attomey LeFevere, City Administrator Burt, Parks and Recreation Director Schultz, City Planner Pearson, and Engineering Consultant Bret Weiss. Parks Recreation Director Dan Schultz led the group in the Pledge of Allegiance. There were no changes to the agenda. No one presented public comment and there was no response to public comment. Arbor Day and Arbor Month Proclamation Parks and Recreation Director Schultz reported on the Tree USA Award for the City of Rosemount at the April 4, 2000 regular City Council meeting. Part of the standards w meet for that award is to appoint a month as Arbor Month and celebrate an Arbor Day. May has been selected for Arbor Month. The Arbor Day celebration will be May 20, 2000 with a tree give -away with the cooperation of Dakota Electric, the public works staff, and the boy scouts. This year Dakota Electric will help purchase 150 trees of various kinds for residents to receive on a "first -come- first serve" basis. Mayor Busho noted that the seniors at Cameo Place will be doing a tree planting ceremony as well this month. MOTION by Cisewski to approve the proclamation identifying May 20, 2000 as Arbor Day and the month of May as Arbor Month. Second by Caspar. Ayes: Caspar, Klassen, Busho, Cisewski. Nays: None. Motion carried. Consent Agenda MOTION by Klassen to approve the Consent Agenda. Second by Cisewski. Ayes: Four. Nays: None. Motion carried. a. Minutes of April 12, 2000 Committee of the Whole b. Minutes of April 18, 2000 Regular City Council Meeting c. Bills Listings d. Resignation of Firefighters e. Resignation of Parks Recreation Receptionist f. Order Feasibility Report 2000 Bituminous Overlay, City Project 315 g. Order Feasibility Report Broback 3' Addition Stonn Sewer Improvements, C. Proj. 319 h. Order Feasibility Report, East Side Watennain Improvements, City Project 320 i. Approve "No Parking" Resolution for Dodd Boulevard (Delft to Chippendale) j. Declare Costs for Assessment /Set Public Hearing, Rosemount Commons Street Utility Improvements, City Project 300 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 2000 k. Declare Costs for Assessment/Set Public Hearing, Conley Avenue Street Utility Improvements, City Project 303 1. Declare Costs for Assessment/Set Public Hearing, McNamara Addition, Phase 2, C. P. 304 m. Declare Costs for Assessment/Set Public Hearing, Biscayne Pointe 2'" Addition Street Utility Improvements, City Project 309 n. Declare Costs for Assessment /Set Public Hearing, Biscayne Avenue Watermain Improvements, City Project 312 o. Reimbursement Agreement with Williams Energy Services for Rosemount Business Park, Phase 2, Street Utility Improvements, City Project 308 p. JAC Company Adopt Findings for Denial of Fence Variance q. Receive Bids /Award Contract Biscayne Pointe 3`' Addition Street Utility Improvements, City Project 313 Concept Planned Unit Development And Zonin¢ Text Amendment for Rosemount Auto /Business Center, 3305 Carrousel Way City Planner Pearson reviewed Keith Gill's request for a Planned Unit Development at 3305 Carrousel Way. This is a 1.26 acre parcel zoned for General Commercial (C -4). The multiple uses would include auto detailing and sales, multiple office space and outdoor display of autos. The zoning text amendment is needed to allow continuous outdoor display of vehicles for sale. After review the Planting Commission approved this concept plan. Council asked several questions of staff. Keith Gill and John Jones gave a presentation of their business proposal. Gill's business is now located in Crystal and he lives in Dakota County. They said they would not have more than 20 autos on display outside at one time. All vehicle models would be from 1995 to current. There would not be any mechanical repairs or servicing. Detailing is only cleaning and polishing vehicles for sale. If a customer requested mechanical work it would be brought to a local business for that work. There would not be any outside storage of parts or inventory other than the autos for sale. Attorney LeFevere responded to Council's query about if the zoning stays with the land or the owner. LeFevere noted that conditions can be placed on the current land owners, but ifthe situation becomes unsatisfactory that can't be changed unless another zoning change request is made. Council consensus was to make sure that this rezoning would he "unique" and not set a precedent Staff agreed that because this is a Planned Unit Development it is indeed unique and conditions must be imposed to keep standards high for this commercial area. Staff was directed to include further conditions to insure the integrity of the commercial area and that the applicant will provide a definition of "detailing" an auto. Council would like to review this at one of the next two regular City Council meetings. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 2000 MOTION by Busho to table the consideration of the concept Commercial Planned Unit Development for Rosemount Auto/Business Center. Second by Klassen. Ayes: Busho, Cisewski, Caspar, Klassen. Nays: None. Motion carried. PUBLIC HEARING Jeff Johnson Appeal of Variance Denial Mayor Busho explained the Public Hearing procedure and confirmed with City Clerk Jentink that the affidavits of public notice and publication were on file. City Planner Pearson reviewed the Planning Commissions review of Mr. Johnson's request to build a 576 square foot garage five feet from the property line where set backs are 30 feet. Mr. Johnson has a very steep slope, pond and many trees. The north east corner of the property offered what Johnson explained as the only possible building site and he had contract builders that agreed. Mr. Johnson presented photos that showed that the garage would not have a big impact on the view from neighbors' lots, partly because the roof elevation would be lower than the surrounding home and so it would not change the skyline view. Mr. Johnson had discussed having the garage closer to his home, but contractors said they would not build the required block wall because it would be required to be too high and need a large amount of backfill. This would require that more trees be removed or disturbed to get the equipment in the yard for the project. This is why Mr. Johnson requested the variance to have the garage near the property line. Ms. Sharon Johnson (not related) 12445 Chinchilla Court, is a neighbor who spoke in support of the improvement. The garage would be placed in the north -east comer of Jeff Johnson's property, behind a utility shed in her yard. Ms. Johnson said this is an agreeable site for the garage and she preferred that his boat and trailer and tractor be inside rather than stored outside. MOTION by Busho to close the Public Hearing for the Jeff Johnson Appeal of Variance Denial. Second by Cisewski. Ayes: Four. Nays: None. Motion carried. MOTION by Klassen to support Mr. Johnson's garage variance. Second by Busho. Discussion followed. Attorney LeFevere cautioned about setting precedent. The motion was removed by consent of the maker and second. Mayor Busho noted that the Planning Commission did an excellent job reviewing this variance to the limit of their power and within all city regulations and policies. City Planner Pearson noted that there was clearly hardship due to the topography and vegetation of Johnson's lot. The approval of neighbors was also a positive point in favor of the variance. MOTION by Klassen to reverse the decision of the Board of Appeals and Adjustments on the Jeff Johnson and Carol E. Johnson variance. Second by Busho. Ayes: Klassen, Busho, Cisewski, Caspar. Nays: None. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 2000 Mayor Busho called for a ten minute break. The meeting was reconvened at 9:30 p.m. Public Hearing: Section 31 Sanitary Sewer Improvements, City Project 317 Mayor Busho confirmed with City Clerk Jentink that the affidavits of public notice and publication were on file. Engineering Consultant Dave Simons presented the Section 31 Sanitary Sewer Improvements, City Project 317. This would be constructed concurrently with the County Road 46 /Trunk Highway 3 Street and Utility Improvements in the fall of 2000. Initially, the project will be paid for with funds front the Sanitary Sewer Core Facility Fund. When the downstream connection is made and sewer service becomes available, assessments will be levied to all benefiting properties. MOTION by Busho to close the public hearing for Section 31 Sanitary Sewer Improvements, City Project 317. Second by Caspar. Ayes: Four. Nays: None. Motion carried. MOTION by Caspar to adopt A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR SECTION 31 SANITARY SEWER IMPROVEMENTS, CITY PROJECT 317. Second by Klassen. Ayes: Cisewski, Caspar, Klassen, Busho. Nays: None. Motion carried. Public Hearing: Adoption of the Modification to the Tax Increment Financing District Mayor Busho confirmed with City Clerk Jentink that the affidavits of public notice and publication were on file. City Administrator Burt noted that Dakota County contested the 30 day notice period, saying they did not receive their notice within that time period. Due to this discovery, Burt requested that the public hearing be continued to the next regular City Council meeting, May le. MOTION by Caspar to continue the Public Hearing for the Adoption of the Modification to the Tax Increment Financing District to May 16, 2000, at the regular City Council meeting. Second by Busho. Ayes: Caspar, Klassen, Busho, Cisewski. Nays: None. Motion carried. MOTION by Mayor Busho to adjoum to the Closed Session for personnel issue for the purpose of the City Administrator's yearly review. Second by Caspar. Ayes: Four. Nays: None. Motion carried. The meeting was reconvened at 10:10 p.m. MOTION by Klassen stating that City Council reviewed the performance standards of the City Administrator and approved the budgeted salary increase at the 2000 budgeted amount.. Second by Cisewski. Ayes: Four. Nays: None. Motion carried. 1 Mayor Busho adjourned the meeting at 10:12 p.m. The City Council Agenda Packet is Clerk's File 2000 -19. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 2000 Respectfully submitted, Linda Jentink, City Clerk 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 10,2000 Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was duly held on Wednesday, May 10, 2000. at 5:00 p.m. in the Council Chambers at City Hall, 2875 145` Street West. Present at the meeting were Mayor Busho, Councilmembers Cisewski, Caspar, and Klassen. Also present were City Administrator Burt and City Planner Rick Pearson. Also present at the meeting were Bill Hefner and Sue Sanger, attorneys for the City; Rick Schneider and David Solergren, attomeys for Shafer Contracting; Scott Spisak and George Matson, representatives of Shafer Contracting. The purpose of the meeting was to discuss settlement of the Shafer Contracting v. City of Rosemount litigation. Mr. Schneider addressed the council with his view of the issues and Shafer's settlement offer. Mr. Sclmeider provided his interpretation of the Diminishing Asset Doctrine (DAD) and what effect it would have upon Lance Johnson's property and the scope of the nonconforming mining use. Mr. Schneider's interpretation of DAD is that it includes the area being mined and other parts of the property that contain mineral resources which ultimately will be mined. Mr. Schneider presented evidence that he felt supported Mr. Johnson's intent to mine the entire 93 acres. Regarding the purchase of the property by Shafer, Mr. Schneider explained that a subsequent purchaser would step into the shoes of the prior owner and have the same rights. The goals presented included 1) determination of the scope of the nonconforming use; 2) recognition that Shafer is stepping into the shoes of Lance Johnson; and 3) approval of the mining plan previously submitted by Shafer. Council went into a CLOSED SESSION to discuss the settlement offer. Respectfully submitted, Dianne G. Quinnell Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 16, 2000, 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 Klassen, Cisewski, Caspar and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, Parks and Recreation Director Schultz, City Planner Pearson, Police Chief Kalstabakken, Human Resource /Communication Coordinator Graff, Community Development Director Parsons, Public Works Director/City Engineer Fick and Engineering Consultant Weiss. Police Chief Kalstabakken led the group in the Pledge of Allegiance. The agenda was amended by adding Endres Fire Update under Department Heads Reports. An additional paragraph was added to the attachment for Item 6.n. Department Head Evaluation Process. No one presented public comment and there was no response to public comment. Certificate of Commendation Telecommunications Commission City Administrator Burt presented a Certificate of Commendation from Governor Ventura for the joint powers agreement for telecommunications between the three cities of Apple Valley, Farmington, and Rosemount. This partnership effort will improve communications between these cities and the residents. It will also enable our city council meetings to be televised over cable television when improvements are made to the Council Chamber. Introductions of Jim Parson, Paula Graff, and Dan Fick City Administrator Burt introduced the new department heads and the Planning Intem Julie Hoium. All were welcomed and Burt commented it was nice to have a full staff once again. Completion of Probation Human Resources Coordinator Graff reviewed the completion of probation for Ms. Cheryl Ratzlaff who was hired as a custodian on November 22, 1999. Her performance assessment has been found to be satisfactory and staff recommends accepting the completion of probation. MOTION by Klassen to accept the recommendation of the Department Supervisor for the successful completion of probation of Cheryl Ratzlaff, Custodian. Second by Cisewski. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. Endres Fire Update Police Chief Kalstabakken reviewed the events connected to the Endres Plant fire which occurred at 5:45 a.m. on May 15, 2000. There were five injured in the initial explosion and fire. Four people have since been released from the hospital and one remains in very critical condition with burns on 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 2000 90% of his body. Rosemount Fire Marshall Lundy and the State Fire Marshall will investigate further when it is safe to enter the remains of the building. Two walls had to be demolished in order to allow fire fighting equipment in to control the fire. The cause has not been determined, but interviews and examination will continue. There has been security on the site. Consent Agenda MOTION by Edwards to approve the Consent Agenda with the removal of Item 65 Set Special Meeting for Cotmnission Interviews for discussion and the additional information accepted for Item 6.n. Department Head Evaluation Process. Second by Caspar. Ayes: Five. Nays: None. Motion carried. a. Minutes of May 2, 2000 Regular City Council Meeting b. Bills Listings c. On -Sale Liquor License on Public Premise d. Dissolution of the Minnesota Police Recruitment System e. Support for Trunk Highway 52 Corridor Study and Management Plan f. Set Special Meeting for Commission Interviews pulled g. Administrator's Performance Standards h. Payment #3, Birger Pond Improvements, City Project #262 i. Receive Feasibility Report/Set Public Hearing, 2000 Overlay Improvements City P. #315 j. Receive Plans Specifications /Approve Project/Authorize Ad for Bid -2000 Street Utility Improvements, City Project #316 k. "No Parking" Resolution Rosemount Business Park, Phase 2 Street Utility Improvements, City Project #308 1. Receive Plans Specs /Order Ad for Bid Rosemount Business Park, Phase 2 Street Utility Improvements, City Project #308 m. Tom Furlong /Ames Construction Mineral Extraction Permit Renewal n. Department Head Evaluation Process Revised o. Developers Checklist Item 6.f. Set Special Meeting for Commission Interviews Council discussed the times available to meet to interview commission applicants. The meeting can be held in the upper conference room due to the federal census training in the Council Chamber. MOTION by Busho to set a special meeting on Saturday, May 20, at 8:45 a.m. to be continued on Monday, May 22, at 6:00 p.m. if necessary, to interview the applicants for City advisory commissions and committees. Second by Cisewski. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR h'IEETING MAY 16, 2000 Evermoor (Kelley Trust) Preliminary Plat/PUD Development Plan, Rezonines City Planner Pearson reviewed the Preliminary Plat and Planned Unit Development Agreement for the Kelley Trust property east of Diamond Path, either side of Shannon Parkway and west of Dodd Boulevard by Contractor Property Developers Company. Pearson reviewed the Park Dedication wetland and woodland designations, which are also scrutinized by the Fish Wildlife agency and Minnesota Natural Resources. The Planning Commission made specific recoinnrendations for additional landscaping along some of the borders and next to the senior's housing. Set backs were discussed. The PUD is the control mechanism and the final plat will come before the Council next month. The land will be purchased for the first phase next week and then grading of the land will begin in mid -June. It will take about three years to complete the first phase of the project. MOTION by Cisewski to approve the Esermoor preliminary plat /PUD development plan subject to approval of the wetland mitigation and replacement plan and execution of a PUT) Agreement that will secure the recommendations of the Engineering /Public Works, Parks Recreation, Planning, Police and Fire Departments; and the Planning Commission. Second by Edwards. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. MOTION by Busho to rezone land consistent with applicable zoning districts. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. MOTION by Busho to adopt A RESOLUTION APPROVING A SUBDIVISON OF THE EVERMOOR PROPERTY COMMENSURATE WITH THE PHASING PLAN SUBJECT TO THE EXECUTION OF THE PUD AGREEMENT. Second by Cisewski. Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. PUBLIC HEARING (Continued) Modification to the Tax Increment Financing District Mayor Busho explained the Public Hearing procedure and confimred with City Clerk Jentink that the affidavits of public notice and publication were on file. The Public Hearing was continued from the May 2, 2000 City Council meeting. Mayor Busho opened the Public Hearing. There was no one present in the audience for input. MOTION by Edwards to close the Public Hearing for the Modification to the Tax Increment Financing District. Second by Klassen. Ayes: Five. Nays: None. Motion carried. City Administrator Burt noted that the TIF District budget was being amended to increase the level of debt for the project area to acconunodate future expansion of public improvements. The hope is to encourage new businesses which allows more jobs and more benefit to the commercial areas. The business park lots will be back on the tax roll for county and school districts by 2006. This will not impact an increase to Rosemount tax payers. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 2000 MOTION by Edwards to approve A RESOLUTION ADOPTING THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE BUSINESS PARK TAX INCREMENT FINANCING DISTRICT. Second by Caspar. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Concept Planned Unit Development for Heritage Development Carrousel Plaza South City Planner Pearson reviewed the request by Thomas Von Bische of Heritage Development for 38 unit townhouses in the area east of Chippendale Avenue and south of the movie theater. A similar development with 36 units had been approved for the sane land, however, that development did not move forward. There would be just one shared access street from Chippendale Avenue into the development. These would be owner occupied units, which cannot be guaranteed will always hold true. If approved. building would begin in late July. MOTION by Klassen to adopt A RESOLUTION APPROVING THE CONCEPT RESIDENTIAL PUD FOR HERITAGE DEVELOPMENT OF MINNESOTA, Inc. Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, and Caspar. Nays: None. Motion carried. Otto Ped/Ames Construction Mineral Extraction Permit Renewal City Planner Pearson reviewed the renewal and transfers of Bituminous Roadway to Ames Construction. Mr. Ped's reason for changing companies was because it was a very slow season last year for Bituminous Roadway. Ames promises to remove about 40,000 tons this year. Council reviewed several of the conditions of the Mineral Extraction Permit. Councilmember Edwards asked that mineral extraction permits, or renewal of them, and its process be discussed at a work session. MOTION by Edwards to issue the mineral extraction permit for the Ped property for 2000 subject to the attached draft conditions of operation. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Announcements Mayor Busho noted the following meetings: Wayne Transport Open House, May 17; MVTA meeting, May 17: Cameo Place Arbor Day Celebration, May 19; Commission Interviews, May 20 and 22; Arbor Day, 10 am, May 20; Veteran's Memorial Dedication, May 29, 1 pm. Mayor Busho adjourned the meeting at 9:12 p.m. The City Council Agenda Packet is Clerk's File 2000 -21. Respectfully submitted Linda Jentink, ity Clerk 1 Pursuant to due call and notice thereof, a Special Session of the Rosemount City Council was held on Saturday, May 20, 2000, at 8:45 p.m. at Rosemount City Hall, 2875 145t Street West, Rosemount, in the Upper Conference Room. Myron Napper was inteniewed for Planning Commission. Jason A. Scribner was interviewed for Parks and Recreation Committee. Cami Zimmer was interviewed and said she would be willing to serve on any of the commissions. The meeting was continued to Monday, May 22, 2000 at 6:00 p.m. Mayor Busho called the meeting to order at 6:00 p.m.. Jeffery D. Weisensel was interviewed for the Planning Commission and Shawn Mulhern was interviewed for the Utilities Commission. Commissioners Keith Knautz of Parks and Recreation Committee and Jay Tentinger of the Planning Commission were not available for an interview at either special session. Recommendations for appointments will be presented to City Council at the June 6 regular meeting. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2000 -23. ROSEMOUNT CITY PROCEEDINGS SPECIAL SESSION MAY 20, MAY 22, 2000 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 6, 2000, 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 Klassen, Cisewski. Caspar and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, Parks and Recreation Director Schultz, City Planner Pearson, Police Chief Kalstabakken, Finance Director May, Community Development Director Parsons, Public Works Director/City Engineer Fick, Water Resource Engineer Morris, Sr. Engineering Technician Fremder; and Engineering Consultants Weiss and Simons. ThisWeek News Reporter Patrick Byme led the group in the Pledge of Allegiance. The agenda was amended by adding to the Consent Agenda Item 6.t. Motion to Approve the Port Authority Sale to Webb Development and Old Business: 8.b. Evermoor Development Wetland Conservation Wetland Replacement Plan City Project 321. Also a Closed Session was requested by the City Attorney to discuss CMC Heartland. No one presented public comment and there was no response to prior public comment. Presentation and Acceptance of 1999 Comprehensive Annual Financial Report (CAFR) Finance Director May reported on the Financial Audit for 1999. Jerry Reutzel of Boeckermann, Heinen, Mayer reviewed the process used to interpret data and assess the reporting and acceptable principles used. The 1998 CAFR received an Excellence Award and there were no major changes in procedures from that time. City staff is aware that the Government Accounting Standards Board has begun an infrastructure reporting which is not required yet. Rosemount has not begun reporting infrastructure but is preparing to do so in the future. MOTION by Edwards to adopt A RESOLUTION ACCEPTING THE 1999 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Second by Klassen. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Dakota County CIP Public Works Director /City Engineer Fick and City Administrator Burt met with the Dakota County staff concerning their Capital Improvement Projects budget for 2001 2005. The request for input from the County is only from their Highway Department. Council wished to also highlight other interests such as the need for a library. Staff will include this in the letter. Council consensus was to have staff return a letter to the Dakota County Highway Department with recommendations similar to last year's letter. City Administrator Burt noted that projects such as libraries are triggered on population thresholds, that being 22,000 for our area. 1 1 1 1 Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 MOTION by Klassen to approve the Consent Agenda with the removal of Item 6.p and 6.q. for discussion and the addition of Item 6.t. Motion to Approve the Port Authority Sale to Webb Developers. Second by Edwards. Ayes: Five. Nays: None. Motion carried. a. Minutes of May 16, 2000 Regular City Council Meeting b. Minutes of May 10, 2000 Special City Council Meeting c. Minutes of May 10, 2000 Committee of the Whole Work Session d. Bills Listing e. Donation Account Expenditure for D.A.R.E. Funds f Transfer/Loan Flexible Spending Account g. Letter Declining the Payable Year 2001 Transit Tax Levy By the City of Rosemount h. Resignation of Firefighter i. Consider Changing Status of Part -time Employee to Full -time j. Temporary On -Sale 3.2% Malt Liquor License for Rosemount Jaycees at Leprechaun Days k. Renewal of 3.2% Malt Liquor Licenses for 2000 -2001 1. Appoint City Council Advisory Commissioners and Commission Chair Appointments m. Reaffirming Precinct Polling Locations n. Biscayne Pointe 2n Addition Street Utility Improvements, City Project 309 o. Biscayne Pointe 3` Addition Street Utility Improvements, City Project 313 p. Encroachment Agreement for Mid America Pipeline Company Rosemount Business Park Phase 2, City Project 308 Pulled for discussion. q. Encroachment Agreement for Northern Natural Gas Pipeline Rosemount Business Park Phase 2, City Project 308 Pulled for discussion. r. Resolution Abandoning City Project 299 and Reallocating Bond Proceeds s. Competitive Cable Franchise Policy t. Motion to Approve Port Authority Sale to Webb Developer Encroachment Agreement for Mid America Pipeline Company Rosemount Business Park Phase 2, City Project 308 City Attorney LeFevere explained the insurance indemnity connected with the pipeline easement. Discussion ensued. MOTION by Klassen to enter into an Encroachment Agreement with Mid America Pipeline Company (MAPCO) in the Rosemount Business Park, Phase 2 Street and Utility Improvements, City Project 308 and to authorize the necessary signatures. Second by Cisewski. Ayes: Cisewski, Busho, Caspar, Klassen. Nays: None. Present: Edwards. Motion carried. Encroachment Agreement Northern Natural Gas Pipeline, Rosemount Business Park Phase 2, Citv Project 308 1 PUBLIC HEARINGS Assessment Hearings ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 City Attorney LeFevere explained the insurance indemnity connected with the pipeline easement. Other cities have the same liabilities and their attorney for the League of Minnesota Cities was interested in looking into this and railroad encroachments to improve risk management for all cities. Council consensus was to direct staff to work with the League of Minnesota Cities and develop a timetable of goals. City Administrator Burt noted the encroachrnent agreements could be negotiated anytime. The encroaclunents in the Business Park are in street easements riot under parking lot areas MOTION by Cisewski to enter into the Encroachment Agreement with Northern Natural Gas Company in the Rosemount Business Park, Phase 2 Street and Utility Improvements, City Project 308, and to authorize the necessary signatures subject to more favorable terms. Second by Busho. Ayes: Busho, Caspar, Klassen, Cisewski. Nays: None. Present: Edwards. Motion carried. Mayor Busho explained the Public Hearing procedure and confirmed with City Clerk Jentink that the affidavits of public notice and publication were on file. Assessment Hearing for Rosemount Commons Street Utility Improvements, City Project 300 Public Works Director Fick presented the assessments for Rosemount Commons, a townhome development off Chippendale Avenue south of the movie theater. The total project cost is $877,190 assessed to the developer over a five year period at an interest rate of 6.815 Mayor Busho opened the Public Hearing. There was no one present in the audience for input. MOTION by Busho to closed the Public Hearing for Rosemount Commons Street Utility Improvements, City Project 300. Second by Klassen. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR ROSEMOUNT COMMONS, STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 300. Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Assessment Hearing for Conley Avenue Street Utility Improvements, City Project 303 Public Works Director Fick presented the assessments for the service road for a major trucking firm and 3 other businesses east of Highway 52 connecting to County Road 42. The total project cost was $1,587,747 with $109,700 corning from city funds, $350,000 from MnDot, and the remaining $1,128,047 to be assessed to the four properties along Conley Avenue. The project will be assessed over a ten year period at an interest rate of 6.696 Mayor Busho opened the Public Hearing. There was no one present in the audience for input. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6. 2000 MOTION by Caspar to close the Public Hearing for Assessment Hearing, Conley Avenue Street Utility Improvements. City Project 303. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. MOTION by Klassen to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CONLEY AVENUE STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 303. Second by Cisewski. Ayes: Cisewski, Busho. Caspar. Edwards. Klassen. Nays: None. Motion carried. Assessment Hearing for McNamara Addition, Phase 2, Street and Utility Improvements. Citv Project 304 Public Works Director Fick presented the assessments for the commercial lots in the McNamara Addition, Phase 2. The total cost was $1,589,579 with $39,219 from City Storm Water Core Fund for trunk over sizing and $428,048 from Dakota County. The remaining $1,122,312 will be assessed to the outlots in the McNamara Addition over a ten year period at an interest rate of 6.696%. Mayor Busho opened the Public Hearing. There was no one present in the audience for input. MOTION by Caspar to close the Public Hearing for McNamara Addition, Phase 2, Street and Utility Improvements, City Project 304. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Caspar to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR MCNAMARA ADDITION, PHASE 2. STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 304. Second by Klassen. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Assessment Hearintfor Biscayne Pointe 2 Addition Street Utility Improvements, City Project 309 Public Works Director Fick presented the assessments for Biscayne Pointe 2n Addition a residential development which is off Biscayne Avenue, north of 145" Street West and also north of the railroad tracks crossing Biscayne Avenue. The total cost was $931,905 with $167,875 from city funds and the remaining $808,903 to be assessed to properties in Biscayne Pointe 2 Addition. Mayor Busho opened the Public Hearing. There was no one present in the audience for input. MOTION by Klassen to close the Public Hearing for Biscayne Pointe 2 Addition Street Utility Improvements, City Project 309. Second by Caspar. Ayes: Five. Nays: None. Motion carried. MOTION by Cisewski to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR BISCAYNE POINTE 2 ADDITION, STREET AND UTILITY IMPROVEMENTS, Mayor Busho opened the Public Hearing. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 CITY PROJECT 309. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Assessment Hearing for Biscayne Avenue Watermain Improvements, City Project 312 Public Works Director Fisk presented the assessments for Biscayne Avenue Watermain Improvements to bring water from County Road 42 south to 160 Street, Rosemount's southern border. The total project cost was S232,278 with 540,322 coming from City Water Core Funds and the remaining S191.956 accessed to properties along Biscayne Avenue. The project will be assessed over a ten year period at an interest rate of 6.815 Susan Dehmlow, 15725 Biscayne Avenue West, submitted a letter of objection to their assessment. Dehmlow noted their frustration with land use issues in detemrining who was able to buy their land. They have had two different proposals which were rejected by the city planning department. Dehmlow requested a letter from city staff stating what land uses are possible. City Administrator Burt noted that the land is currently zoned Agricultural, but proposed as Business Park. Burt also noted that there is no guarantee that zoning will not change in the future with a different City Council or different city staff. Donald Wachter, 15247 Biscayne Avenue West, quoted a part of Minnesota Statutes which allows a senior citizen to have their assessment deferred. Rosemount does not have a policy set up for deferring an assessment. City Attorney LeFevere noted that that statute was for hardship limitations and it would require some financial hardship. Wachter asked to have the interest waived. The Council consensus was not to allow the interest to be waived. City Administrator Burt noted that the land is in Green Acres Program which allows the assessment to be deferred until time of sale of the property. The City Attorney noted that an objection letter preserves the right of the property owner to persist with a further hearing to protest the assessment amount. MOTION by Busho to close the Public Hearing for Biscayne Avenue Watermain Improvements, City Project 312. Second by Klassen. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR BISCAYNE AVENUE WATERMAIN IMPROVEMENTS, CITY PROJECT 312. Second by Klassen. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Concept Planned Unit Development for Rosemount Auto/Business Center at 3305 Carrousel Way City Planner Pearson presented the concept plan for mixed uses including auto detailing and sales with multiple office space for rent. This was originally before City Council on May 2, 2000. The applicant, Keith Gill, has provided a description of automobile detailing and expectations for the business center in a letter. Gill was present to answer questions from the City Council. Council was 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 concerned with the additional number of cars expected to be outside for display because they felt it was not an appropriate use to have this as a used car lot. Pearson noted that controls can be placed on this development because it is a Planned Unit Development. Pearson also noted that a zoning amendment would be requested to allow automobile parking outside for longer than two days. Councilmembers Klassen and Edwards were fundamentally opposed to the development. Councilmembers Cisewski, and Caspar, and Mayor Busho would accept the concept plan as long as specific restraints could be put into the Planned Unit Development agreement. Pearson noted that the 60 -Day Law would be extended by letter. MOTION by Caspar to adopt the amended resolution approving the concept Commercial Planned Unit Development for Rosemount Auto Business Center. Second by Cisewski. Ayes: Caspar, Cisewski, Busho. Nays: Edwards, Klassen. Motion carried. Evermoor Development Wetland Conservation Act (WCA) Wetland Replacement Plan, City Project 321 Water Resource Engineer Morris presented the application for the Wetland Conservation Act Wetland Replacement Plan on behalf of Contractor Property Developers Company. Numerous agencies have reviewed the development through a Technical Evaluation Panel. The proposed plan includes 1.07 acres of wetland fill and .22 acres of wetland excavation. There would be a total of 8.69 acres of wetland replacement and 17.55 acres of wetland buffer areas, which exceeds Wetland Conservation Act requirements. Five conditions were accepted by City Council for the WCA: 1) The City is to acquire easements of adequate widths to accommodate the buffer area of the east side of wetland H, and the north side of the K`Q /R and Pond 2A complex. 2) The Developer is responsible for the installation of monuments to mark the outer edge of the wetland buffer zone, as required by the City of Rosemount comprehensive Wetland Management Plan. 3) The Developer (or the Developer's engineer) is responsible for monitoring the success of he replacement wetlands. As required by WCA Rule 8420.0620 and the City of Rosemount Comprehensive Wetland Management Plan, an annual monitoring report must be submitted to the City for five years after completion of construction. The City will require an adequate security to ensure that the monitoring will be performed. 4) The City of Rosemount and Westwood Professional Services will continue to work together with wetland vegetation experts to develop a reseeding plan for the buffer area of Birger Pond that will withstand the inundation between the normal and high water level of the pond. 5) Westwood Professional Services to acquire a permit for earthwork done below the DNR ordinary high water level. MOTION by Busho to approve the amended Wetland Conservation Act Wetland Replacement Plan (amended May 25, 2000), subject to conditions 1. to 5. as listed above. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. 1 Splatball Inc. Conditional Use Permit ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 Mayor Busho called for a five minute break. The meeting was reconvened at 10:20 p.m. City Planner Pearson presented the renewal by Todd Tanner for the Interim Use Permit (IUP) that allows the conduct of commercial outdoor recreation in the Agriculture District. The IUP was originally granted in 1994 with an annual review for compliance with the approved conditions of operation. The Agricultural District section of the zoning ordinance has since been amended with Commercial Outdoor Recreation becoming a conditional use instead of an interim use. Therefore. the renewal process includes conversion to a condition use (CUP). The site used is in the Mississippi River bluff area, which does not allow permanent buildings or operations. Staff suggested a three year renewal period since there have not been any complaints in the past. A public hearing was held at the Planning Conunission, which approved the three year period. City Council consensus was to retain the two year renewal. Staff conceded. MOTION by Busho to recommend that the City Council adopt A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR SPLATTBALL, INC for two years. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Huntington, Office/Warehouse Multiple Use Concept Planned Unit Development for Carrousel Way City Planner Pearson presented the request of Daniel E. Huntington for a multiple tenant office /warehouse building proposed for a vacant lot on the west side of Carrousel Way. The PUD process is required because the building will have multiple uses and tenants. There will be four 400 sq. ft. office suites with 800 sq. ft. of warehouse space associated with each. The exterior will be brick or masonry. One entry will be a bay door for a service van. If this service company would move out, the door would be remodeled with a regular 3 ft. entry door for office space. Council emphasized they did not want an automobile service station here or car sales. Conditions can be applied in the PUD to insure this does not happen. MOTION by Edwards to adopt A RESOLUTION APPROVING THE CONCEPT COMMERCIAL PLANNED UNIT DEVELOPMENT FOR DANIEL E. HUNTINGTON. Second by Caspar. Ayes: Cisewski, Caspar, Edward, Klassen. Nays: None. Present: Busho. Motion carried. Meeting Date Changes Mayor Busho requested that the Committee of the Whole meeting be held June 14, 2000 be changed to Monday, June 12"' so that staff and councilmembers that are at the League of Minnesota Cities yearly conference can be in attendance. Also, the first regular meeting in July for City Council falls on the national holiday, Independence Day, July 4'. It is suggested to move that meeting to the following day, Wednesday, July 5 as well as the regularly scheduled Port Authority meeting. MOTION by Edwards to reschedule the work session of June 14 to June 12i and reschedule the July 4 City Council meeting and Port Authority meeting to July 5 2000 and have these changes published in the official newspaper, the Rosemount Town Pages. Second by Klassen. Ayes: Busho, Caspar. Edwards, Klassen, Cisewski. Nays: None. Motion carried. Closed Session Attorney LeFevere advised that a closed meeting was probably not necessary and that the petition agreement for Bloomfield 2n Development clearly states that the developer, CMC Heartland. agreed to pay for street and utility improvements. LeFevere advised to start collection action for the $135,000. MOTION by Edwards to commence collection action from CMC Heartland for Bloomfield ta Addition street and utilities improvements. Second by Busho. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Announcements Parks and Recreation Director Schultz advised that the Kidder Park and Camfield Park community installs of playground equipment will not take place due to due to construction delays caused by the weather. The playground equipment company will complete the project and a dedication at each park will be announced. Mayor Busho adjoumed the meeting at 11:04 p.m. The City Council Agenda Packet is Clerk's File 2000 -22. 8 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2000 Respectfully submitted, Linda Jentink, i Clerk 1 1 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on June 12, 2000. at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Cisewski, Edwards, Caspar and Klassen present. Staff members in attendance were City Administrator Tom Burt, Community Development Director Parsons, and Police Chief Kalstabakken. Travel Policy The Travel Policy was reviewed and discussed. Consensus was approval. The policy will be presented at the next City Council meeting. Liquor Ordinance The Liquor Ordinance was recommended to be changed to incorporate population increments into determining the number of off -sale liquor license that would be allowed in the City of Rosemount. The population of 6,500 per off -sale liquor license was agreed upon. The first reading will be brought to the next City Council meeting. Massage Ordinance Use of E- MaiUlnternet Policy Code Enforcement Official ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE HOLE JUNE 12, 2000 The Massage Ordinance was amended by updating the definition of massage therapist. Attorney LeFevere reviewed the remainder of the ordinance and recommended some wordage changes. City Council agreed with the revisions. The first reading will be berought to the next City Council meeting. The E- Mail/Internet Policy was reviewed. Councilmember Edwards had some concerns. Human Resource Coordinator Graff will contact Edwards for his input and a revision will be reviewed in the future. Council gave direction to budget for a Code Enforcement Official next year that will address many of the housing issues and business code compliance issues in the city. Community Development: Comprehensive Plan Implementation Staff reviewed current work plans and will update their schedules for completion. This included: affordable housing, commercial, mixed uses, pre zoning, downtown re- development, parking lot uses, and mining. The meeting was adjourned at 9:00 p.m. The City Council Agenda Packet is Clerk's File 2000 -23. 2 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JUNE 12, 2000 Respectfully submitted, Thomas D. Burt, City Administrator 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 20, 2000, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145 Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Caspar and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt. Parks and Recreation Director Schultz, City Planner Pearson, Police Chief Kalstabakken, City Engineer /Public Works Director Fick, Human Resource Coordinator Graff and Engineering Consultant Weiss. Homer Tompkins, developer of the Kelley Trust property, led the group in the Pledge of Allegiance. The agenda was amended by adding to the Department Head Report, Item 5b- League of Minnesota Cities Achievement Awards; Consent Agenda Items 6q.- Addendum to the SKB Environmental, Inc. Contract; additional information to Item 6g.- Temporary On -Sale Liquor License for American Legion Post 65; and, New Business Item 9a.- Mining Moratorium had the Ordinance draft from the City Attorney. No one presented public comment and there was no response to prior public comment. Completion of Probation Human Resource Coordinator Graff reported to Council that Mick Kaehler, the Building Official. will have successfully completed his one -year probation period on June 28, 2000 and that his Department Supervisor has found his performance to be satisfactory. MOTION by Cisewski to accept recommendation of the Department Supervisor for the successful completion of probation of Mick Kaehler. Building Official. Second by Caspar. Ayes: Four. Nays: None. Motion carried. League of Minnesota Cities 2000 City Achievement Awards James Klassen presented the City with the City's first Achievement Award for Innovation of Excellence of Citizen, Community and Youth Involvement for the City's participation in the on- going youth resources directory. This was received at the League of Minnesota Cities conference last week. Mr. Klassen wanted to "thank' the Council and Staff for allowing him to present this award and for their involvement with the youth program. Park and Recreation Director Dan Schultz presented an honorable mention for the Innovation of Excellence in Housing, Economic Development and Community Spaces for the Fancily Resource Center. This was also received at the LMC conference. The Mayor extended Council's "thanks" to Human Resource Coordinator Graff for submitting the applications for the two awards. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20. 2000 1 1 Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 2000 MOTION by Edwards to approve the Consent Agenda with the addition of Item 6q. Addendum to the SKB Environmental, Inc. Contract for Operation and Maintenance of the Yardwaste Facility. Second by Cisewski. Ayes: Four. Nays: None. Motion Carried a. Minutes of June 6, 2000 Regular City Council Meeting b. Bills Listing c. Expenditure Approval from Donation Account for Leprechaun Days d. Expenditure Approval from Donation Account for Parks Recreation Dept. e. Hiring of P/T Parks Recreation Receptionist f. Medical Leave for Firefighter g. Temporary On -Sale Liquor License for the Rosemount American Legion Club #65 h. On Sale Liquor License on Public Premise i. Travel Policy j. Receive Bids /Award Contract, Rosemount Business Park Phase 2 Street Utility Improve. C. Proj. 308 k. Receive Bids /Award Contract, 2000 Street Utility Reconstruction Improvements, City Project 316 I. Evermoor Payment Method for Trunk Water and Sewer Fees m. Addendum to 1999 Utility Rate Study n. Henry Fox, 15391 Emery Ave. Common Boundary Line Relocation o. Michael Elisabeth Sullivan Lot Split Combination for Rural Residential Use p. Business Park Second Addition Revised Final Plat q. Addendum to SKB Environmental, Inc., Contract for Operation and Maintenance of the Yardwaste Facility Evermoor PUD Agreement City Planner Pearson explained the continuation of the process to accept the PUD Agreement for Evermoor. The majority of the PUD describes the neighborhoods and different types of housing units. This included a 24' street (width exception) with one -way traffic and parking on one side of the street and landscaping issues. The developer has submitted two different concepts or changes to the Innisfree area and the Crosscroft area. These changes would be looked at as an amendment to the PUD after the initial PUD is adopted subject to incorporation of revisions recommended by the City Attorney. Changes can be made to the PUD through developer petition and would be made either through public hearing for major changes or administratively for minor amendments. Mr. Pearson presented two options to the Council: 1) Authorize subject as written to the PUD Amendment Process, or 2) Remove the specific sections from the Agreement as referred to as Innisfree and Crosscroft. City Attomey LeFevere apprised the Council that there is no right or wrong way to proceed with this, however one main PUD would be a guide for all to use. Any changes would be incorporated into the PUD through the amendment procedures. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 2000 City Engineer Fick told the Council that if Innisfree was deleted at this point for a new PUD, the developer wouldn't be able to begin grading. Homer Tompkins, the developer for the project, wants the project to move forward and would like to go through the amendment procedure if that would be necessary. Council Member Edwards felt this was a huge conceptual change, removing setbacks, etc. He asked for a quick tutorial as to the amendment process to a PUD. Mr. Pearson reviewed the process: 1. Developer applies to the City for the amendment providing the City with new drawings. 2. A Public Hearing is held by the Planning Commission 3. If accepted by the Planning Commission it is referred on to the Council for approval. The Mayor noted she wanted the Developer to understand that the underpass under Connemara Trail will have to be made under today's standards, not the standards that were used for the underpass under Shamton Parkway. MOTION by Caspar to authorize the execution of the PUD Agreement for Evermoor subject to incorporation of revisions as reconunended by the City Attorney. Second by Cisewski. Ayes: Edwards, Cisewski, Busho, Caspar. Nays: None. Motion carried. Evermoor Detachment/Annexation of Property with Apple Valley City Planner Pearson presented the "land swap" between Rosemount and the City of Apple Valley. By annexing this land Apple Valley would have their golf course entirely within their City limits and the portion of Birger Pond that is in the Apple Valley area would now be located within the City limits of Rosemount. The City of Apple Valley has already approved of the annexation and detachment. MOTION by Edwards to adopt a Joint Resolution requesting concurrent detachment from Rosemount and annexation to Apple Valley, and Joint Resolution requesting concurrent detachment from Apple Valley and annexation to Rosemount of property pursuant to Mirm. Statutes Section 414.061. Second by Caspar. Ayes: Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. PUBLIC HEARING: 2000 Bituminous Overlay Improvements, City Project #315 Mayor Busho explained the Public Hearing procedure and confirmed with Recording Secretary Dorniden that the affidavits of public notice and publication were on file. City Engineer /Public Works Director Fick presented an overview of the project area including Delft Avenue, Upper 148` Street West and Upper 145 Street West. The total project cost is 565,430 with 65% being funded by the Street C.I.P. budget. The remaining 35% will be covered by assessments to benefiting properties at an estimated cost of approximately 5450 per unit. Mayor Busho opened the floor for clarification questions. 3 1 1 Leigh Anderson, 14940 Delft Avenue, asked why his street was being reconstructed when the street just east of his (Danville) is in worse shape than his. He would like to know the criteria that is followed when choosing the streets. City Engineer/Public Works Director Fick apprised Mr. Anderson and Council that the City has a Pavement Management System in place which is used to determine the age and condition of the various streets in Rosemount. Mr. Anderson's section of Delft is riot in as poor condition as the northerly end of his street, but it is more cost effective to do the whole street at one time than to stop short and have to come back a different year. The Danville section will more than likely be done next year with the Dodd Boulevard project, however at this time the City doesn't want to shut a whole neighborhood down. Mr. Anderson then asked how the assessments are calculated because his property is a corner lot on Delft and Dodd. Consulting Engineer Weiss of WSB Associates reported that the assessments are on a per unit basis, divided among the units within the area whose properties access the road by driveway. Mr. Anderson would only pay for his access onto Delft Avenue and not be assessed next year for Dodd Boulevard because he has no driveway access to that road. Mayor Busho opened the Public Hearing. Bill Millard, 14918 Delft Avenue, wasn't sure if his question was for clarification or not, but he was wondering if curb work was going to be done and also if the City would do private driveways if the residents pay for the extra work. Again, Consulting Engineer Weiss responded by informing Mr. Millard that the City does not do the private driveways, however it is up to the homeowner if he'd want to approach the contractor on the job to see if they could do the work privately during the project. Usually it would be costly for the contractor to do the job properly. Mr. Millard also asked if the road was going to be bumpy like it is now or if there will be a smooth finish. The sealcoating, which has been done, is what has given the road the bumpy texture. Once the overlay is complete the road surface will be smooth until sealcoating has to be done, usually 5 -7 years out. MOTION by Edwards to close the Public Hearing for the 2000 Bituminous Overlay Improvements, City Project #315. Second by Caspar. Ayes: Four. Nays: 0. Motion carried. MOTION by Edwards to adopt A RESOLUTION APPROVING THE PROJECT, ORDERING THE PLANS SPECIFICATIONS, RECEIVING THE PLANS SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BID FOR THE 2000 BITUMINOUS OVERLAY IMPROVEMENTS, CITY PROJECT #315. Second by Cisewski. Ayes: Busho, Caspar, Edwards, Cisewski. Nays: None. Motion carried. Mining Moratorium ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 2000 City Planner Pearson apprised the Council of the proposed moratorium. The study being done will address general resources. City Attorney LeFevere informed the Council the ordinance is straight forward and can be enforced for a maximum of 18 months, however if the study is completed and agreed with, the moratorium can be lifted at Council discretion. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 2000 MOTION by Edwards to adopt an interim ordinance establishing a moratorium on new mining operations in the City of Rosemount. Second by Caspar. Ayes: Caspar, Edwards, Cisewski, Busho. Nays: None. Motion carried. Receive Bids /Award Contract, East Side Water Tower, City Proiect #302 City Engineer /Public Works Director Fick informed the Council of the bids received on May 31, 2000 for the two styles of water towers and several alternates that were hid. The Utility Commission met on June 12, 2000 and after their discussion they recommend that the Council go with the spheroid style plus all alternates. A brief discussion about the lettering and the logo took place. Staff is also recommending the spheroid and all alternates. Dick Foster of Bonestroo, Rosene, Anderlik Associates is the Consultant on the project. He informed the Council this is a 500,000 gallon tower (Connemara Tower is a million gallon tower) and will service the east side water needs once the East Side Watermain Improvements are done. As progress continues eventually a new well will be needed. Mr. Foster answered questions as to the construction of the tower. Once footings are in erection will probably start in January. Mayor Busho introduced Bradley Veath of Chicago. Bridge Iron (CB I1, the apparent low bidder of the project. He said they would be looking at a July 1, 2001 completion with weather cooperating. WSB Associates for the East Side Watermain Improvements are doing the Feasibility Report. Mr. Weiss apprised the Council that the watermain improvements are scheduled to be complete and ready to go the same time as the water tower. MOTION by Caspar to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT FOR THE EAST SIDE WATER TOWER, CITY PROJECT #302. Second by Cisewski. Ayes: Busho, Caspar, Edwards, Cisewski. Nays: None. Motion carried. Liquor Ordinance, First Reading City Administrator Burt informed the Council that the changes that the Council directed Staff to make at the work session had been incorporated into the ordinance. Staff changed #2 of the ordinance to reflect "6,500 of attained city population," and this ordinance will be on the next Council agenda under "Consent' for approval. MassaEe Ordinance, First Reading City Administrator Burt informed the Council that the ordinance in place today is very outdated. Massages are nom, referred to as "therapeutic massages This ordinance had also been discussed in work session and will be placed on the "Consent' agenda of the next regular Council meeting. Council Member Edwards had concerns about Item 6g.- Temporary On -Sale Liquor License for Rosemount American Legion Club 65. Chief Kalstabakken had discussed all issues with the Legion and 1 1 feels comfortable with the permit being issued. There will be two access points outside, a total of three with the front door facing Burma. The fencing will be run from the main building to the garage and around the pavilion. If problems arise, the temporary liquor license would be revoked done and it will be at the discretion of the Council if it should be renewed next year. City Administrator Burt apprised the Council that Council Members can initiate action. The Police plan to be more visible at the local establishments. In the past they have centered their efforts at Central Park because that's where most of the planned activities are taking place, but they feel they need to be more visible at the other establishments as well. ANNOUNCEMENTS MVTA 6/21; Chamber of Commerce, small business luncheon, City Limits award 6/22; Caulfield Park playground dedication 6/25: 6:30 p.m.; Splatter Sisters in Caulfield Park 6/25:7:OOp.m. No Council meeting on July 4, 2000, however it is rescheduled for July 5, 2000. Mayor Busho adjourned the meeting at 8:46 p.m. The City Council Agenda Packet is Clerk's File 2000 24. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NNE 20, 2000 Respectfully submitted, Ulisu- Cindy Dorniden, Recording Secretary The meeting was opened with the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 5, 2000, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145` Street West. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Caspar and Edwards present. Also present were City Attorney Creensweig, City Administrator Burt, Parks and Recreation Director Schultz, City Planner Pearson, Police Chief Kalstabakken, City Engineer/Public Works Director Fick, Wetland Coordinator /Engineer Morris, and Engineering Consultant Weiss. The agenda was amended by adding an item to the Consent Agenda, 6.L. Set Public Hearing for TIF Modification Plan No. 1 for July 18, 2000. Completion of Probation for Dan Schultz, Parks Recreation Director City Administrator Burt reported that Director Dan Schultz was doing an excellent job and recommended approval of his one year probation period. MOTION by Klassen to accept the recommendation of the City Administrator for the successful completion of probation of Dan Schultz, Parks and Recreation Director. Second by Edwards. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Consumer Confidence Report Drinking Water Water Resource Engineer Morris reported on the recent mailing that all Rosemount residents received showing that Rosemount drinking water meets all regulatory standards. The 1996 amendments to the Federal Safe Drinking Water Act mandated that all residents are noticed yearly in June with a Consumer Confidence Report. This is instructional as well as heightening awareness of the need to protect water resources. The data is supplied by the Minnesota Department of Health. Mayor Busho thanked Morris for the fine report. Consent Agenda MOTION by Edwards to approve the Consent Agenda with the addition of Item 6 1. Set Public Hearing for TIF Modification Plan No. 1 for July 18, 2000. Second by Caspar. Ayes: Five. Nays: None. Motion Carried a. Minutes of June 20, 2000 Regular City Council Meeting b. Minutes of June 12, 2000 Committee of the Whole Meeting c. Bills Listing d. City Project 310, Oakridge Estates Street Utility Improvements, Payment #3 e. City Project 309, Biscayne Pointe 2 Addition Street Utility Improve., Payment #5 f. City Project 313, Biscayne Pointe 3 Addition Street Utility Improve., Payment #2 g. City Project 303, Conley Avenue Street Utility Improvements, Payment #6 1 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 2000 h. City Project 262, Birger Pond Outlet Improvements, Payment #4 i. Liquor Ordinance, Second Reading j. Massage Ordinance, Second Reading k. Temporary 3.2% Malt Liquor License KVAM Tournament 1. Set Public Hearing for TIE Modification Plan No. 1 for July 18, 2000 Mineral Extraction Permit Amendment: Lance Johnson (owner) Shafer Contracting Co. City Planner Pearson reviewed the application for an amendment to the Lance Johnson/Shafer Contracting Co. mining pennit. Shafer is requesting a change to include the entire 93 acres in the phasing plan, reclamation, and end use plan. Only 35 acres are now included in the renewed mining permit. Staff has added conditions on prohibiting "haulback" storage of material, and recycling of concrete. The Planning Commission suggested conditions covering prohibiting noise by not allowing jake brakes, vibrator boxes, or slamming tailgates; installing stop signs and temporary truck hauling signs when applicable; trimming vegetation near confers, and installing a gate at the entrance. Council made it clear that the permit is only for a one year approval and the Phasing Plan only includes about 19 'h acres per phase. Approval of the mining permit is not approval for the amendment to mine the full 93 acres and in no way would this approval grandfather in the 93 acres. It was also noted that this mining operation has a non conforming land use and that current law, The Diminishing Asset Law, allows continuing mining. Mining at this location, 1.25 miles north of county Road 38 (135 Street West) and ''A mile west of County Road 71 (Rich Valley Blvd.) had been permitted until 1989. Then an Ordinance change occurred and mining in this location became a non conforming use, which was allowed to continue. The City Attorney counseled that the sale or transfer to Shafer Contracting Co. is not the issue tonight. The amendment, if approved, would be subject to review by the City Attorney. Councilmember Edwards requested that the fomf of the permit be improved to show specific dates of issuance and duration. Council concluded that it would be more comfortable viewing the additional conditions in the agreement at the next City Council meeting. MOTION by Edwards to table the Mineral Extraction Permit Amendment for the lance Johnson (owner) and Shafer Contracting Co. (operator) until the next City Council meeting, July 18, 2000. Second by Klassen. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Huntineton PUD Final Development Plan on Carrousel Way City Planner Pearson has submitted the Final Development Plan for his office /warehouse multiple use Planned Unit Development on Carrousel Way. There will be a 6,000 sq. ft. building divided into four office suites with warehouse space. The building will have a fascia of brick up to 15 ft. Staff does recommend three boulevard trees be installed along Carrousel Way. The Planning Commission recommends approval. Council wanted assurance that the drive through bay would be converted to office space if the original renter moves out. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 2000 MOTION by Cisewski to adopt a resolution approving the final planned unit development for Daniel E. Huntington with the amendment to add item no. 4 to the resolution. Second by Edwards. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Council agreed that consideration for sidewalk and lighting plans in the Carrousel Way area should be held at a work session. Evermoor Subdivision Agreement, City Project 321 Public Works Director /City Engineer Fick requested that the Subdivision Agreement be approved ahead of the Final Planned Unit Development and Plat because this would give the City some securities while the grading begins. There will be $5.5 million for credit, restoration and certain provisions. Closing will be held July 12, 2000. The City will not have to issue debt for the utilities improvements. MOTION by Busho to approve the Subdivision Agreement for the Evermoor Subdivision and to authorize the necessary signatures with the included Exhibits. Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Final Plat for Goodyear City Planner Pearson presented the Final Plat for the Goodyear auto service center to be located west of the Rosemount National Bank at CR 42 and Chippendale Avenue. The exterior will be brick and rockface. Councilmember Klassen commented that at the Planning Cornmisison Public Hearing neighbors were concerned with noise and landscaping. Additional landscaping will be added. The applicant is Linn Companies. The southern half of the property will be a storm water drainage pond. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR GOODYEAR ADDITION. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Construction should begin for Goodyear in late fall. ANNOUNCEMENTS Parks Recreation Director Schultz reported that the Sunday Night in the Parks programs have been attended by 75 people one night and 175 the other night. Councilmember Caspar noted that his children, ages 9, 7, and 6, have been having fun participating in the neighborhood park afternoon program. Caspar said, "It's a great park program and is very much appreciated." Teen Nite will be held July 27 City Administrator Burt noted that Moody's Financial Investors will be here July 5 to tour Rosemount and interview staff. This is an effort to further improve our current A2 rating. Mayor Busho adjourned the meeting at 9:20 p.m. 1 1 The City Council Agenda Packet is Clerk's File 2000 25. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 2000 Respectfully submitted, 1 t 1 'm/ Linda Jentink, City Clerk Recording Secretary r Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on July 12, 2000, 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 Edwards, and Klassen. Staff members in attendance were City Administrator Burt, Human Resources /Communication Coordinator Graff, Finance Director May, and Parks and Recreation Director Schultz. Revisions to Personnel Policv ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JULY 12, 2000 Human Resources /Communication Coordinator Graff presented proposed changes to the personnel policy. Council directed staff to put this item on the July 18 City Council agenda. Citv Hall Remodeling City Administrator Burt presented the City Hall plans with three options. Council directed staff to proceed with Phase I and the full garage in Phase II. Financing was discussed and the remodeling will be added to the 2001 CIP for Council's future consideration. Debt Management Plan Finance Director May presented the Debt Management Plan. Council directed staff to place the Policy on a future agenda. Code Enforcement Official Human Resources /Communication Coordinator Graff presented the revised job description for the Code Enforcement position. Council directed staff to add the job description to the July 18 City Council agenda for approval and begin to recruitment for the position. Results of Limited Market Compensation Study Human Resources /Communication Coordinator Graff presented the compensation plan for City Council review. Council requested staff to prepare justification for the increases beyond what the market data showed for the August Committee of the Whole worksession. Budget City Administrator Burt presented the Administration, Council, Elections, Finance, and General Government, and Parks 2001 proposed budgets. The remaining budgets will be presented at the August Committee of the Whole worksession. There being no further business, the meeting was adjourned at 10:00 p.m. Public Comment ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 18, 2000, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145 Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Caspar, Klassen and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, Parks and Recreation Director Schultz, City Planner Pearson, Police Chief Kalstabakken, Community Development Director Parsons, Human Resource /Communication Coordinator Graff and Engineering Consultant Weiss. The meeting was opened with the Pledge of Allegiance led by Human Resource /Communication Coordinator Graff. The agenda was amended by adding an item to the Consent Agenda, 6.q. Resignation of Employee; Item 6.e. Hiring of Part-Time Building Inspections Secretary was removed from the Consent Agenda; additional information was provided for Item 5.a. Rosemount Storm Damage Report and the resolution for Item 7.a. Mineral Extraction Permit Amendment, Lance Johnson Shafer Contracting Co. was revised. Charlie Koehnen, 12255 Rich Valley Boulevard, had concerns about the berm to be built around the Lance Johnson Mining property. Koehnen was not in favor of the development of a benn near his property. Koehnen wanted to know where the 15,000 tons of dirt would come from. Ken Marcotte, 12931 Shannon Parkway, thanked the City and the developer of the Kelley Trust property for paying for the pump necessary to remove water from his yard. Marcotte submitted three letters for Council review. Marcotte related that when he purchased his home in 1990 the pond area was bone dry. In 1993 he asked for assistance with water runoff. City staff at that time examined the situation and said that a lift station would be required, but cost prohibited installation at that time. Marcotte asked the City to examine its current Stormwater Master Plan. Also, he would like to know when a lift station is installed, who determines when and if it should be shut off? Staff will follow up on these comments and retum at a future City Council meeting with response. Rosemount Storm Damage Report City Administrator Burt reported that the stonns of July 7 through 10, were the biggest rain event that has ever hit Rosemount. Some reports showed 11 inches of rain. Eagan received 9 inches within a four -hour period. Hawkins Pond filled faster than it could be pumped on Saturday, July 8. Saturday night the firefighters of Rosemount and Lakeville were called to sandbag homes around Hawkins Pond. Koch Refining offered use of a very large pump for which it was hard to locate enough hosing for. However, this was accomplished and it did aid tremendously in lowering the water level by 2,000 gallons per minute. Over 5 million gallons of water were 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 2000 Mineral Extraction Permit Amendment: Lance Johnson (owner) Shafer Contracting Co. City Planner Pearson reported on the changes to the Shafer Contracting Company's request for an amendment to the mineral extraction permit for the Lance Johnson property. This had been tabled from the July 5, 2000 City Council meeting in order to incorporate City Council and Planning Commission restrictions on sound and safety. Attorney LeFevere also prepared a resolution clarifying the approval with findings of fact. Pearson noted additions to conditions F. and Y. of the Extraction Pemmit Renewal. An additional sentence was added to Item F. covering the trimming of vegetation at intersections for better visibility. And Item Y. included a gate installed at County Road 71 in cooperation with Koch Refining. Pearson had liability concerns on restricting the jake brakes and presented some language in item AA. for "use in emergencies." Pearson also developed a form showing approval of the Extraction Permit and stating the length of duration including certification by the City Clerk. Council was satisfied that all issues were resolved with the resolution and conditions of the permit renewal. City Planner Pearson addressed the berm issue brought up by Charlie Koehnen in the Public Comment this evening. The berm is intended to mitigate noise and direct eye -line sight into the mine. If Mr. Koehnen is not concerned about this, then Shafer Contracting would not be required to build the berm. The materials to build the berm would cone from the mine area. Scott Spaceck of Shafer Contracting Co., noted they had no objections to the additional requirements to the mining permit. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE AMENDMENT TO THE MINERAL EXTRACTION PERMIT FOR LANCE JOHNSON AND SHAFER CONTRACTING COMPANY concerning the 2000 mineral extraction permit for the Lance Johnson property. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. McNamara Addition Rezoninas: Outlots A, B, C, D City Planner Pearson showed the Land Use Plan 2020 map showing commercial property along County Road 42 from Shannon Parkway to Highway 3. This land has been guided for commercial since the Planned Unit Development was approved in 1997. A legislative mandate in 1997 also required zoning changes to bring the land into conformance with the Comprehensive Guide Plan for 2020. This rezoning will change the land now zoned Agricultural to Commercial as required. Councilmember Klassen noted that residents that commented at the Planning Commission Public Hearing for this were concerned about the proposed development not the zoning issue. MOTION by Edwards to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE rezoning Outlots A,B, C D for McNamara Addition to C -4, General Commercial in conformance with the Comprehensive Guide Plan. Second by Caspar. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. 3 ANNOUNCEMENTS ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 2000 Mayor Busho noted that Minnesota Valley Transit Authority (MVTA) has cancelled its July 19 meeting and re- scheduled it to August 2, 2000. On July 26 the Farmington Extension Office will host a speaker on preserving farmland. Leprechaun Days has a full schedule of events from July 21 to July 30. There will be a dance, food, and crafts on Friday July 28 and July 29 will have the Parade at 1 p.m.; dance, food and crafts, with fireworks at about 10 p.m. Check you local paper for the full schedule. Mayor Busho adjoumed the meeting at 8:13 p.m. The City Council Agenda Packet is Clerk's File 2000 27. 4 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 1, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 1, 2000, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145' Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Caspar, Klassen and Edwards present. Also present were City Attorney Greensweig, City Administrator Burt, City Planner Pearson, Community Development Director Parsons, Human Resource /Communication Coordinator Graff and Engineering Consultant Weiss. The meeting was opened with the Pledge of Allegiance led by City Planner Pearson. The agenda was amended by adding an item to the Consent Agenda, 6.1. Lance Johnson/Shafer Contracting Co. Mineral Extraction Permit Re- Assignment and additional information on housing styles were provided for Item 8.a. Evermoor Planned Unit Development Amendment. There was no Public Comment or Response to Public Comment. LMC "Building Duality Communities" Campaign Affirmation Human Resource /Communication Coordinator Graff presented a public education campaign program sponsored by the League of Minnesota Cities. This is a two -year program envisioned as a grassroots effort among all cities to enhance the perception of Minnesota cities and increase citizen trust and participation in their local government. Key messages are also focused at legislators. A four minute video summarized the program Some of this information will be in the up- coming newsletter and staff is encouraged to use key phrases whenever possible. A resolution in support of the program was presented. MOTION by Klassen to affirm A RESOLUTION COMMITTING THE CITY OF ROSEMOUNT TO THE LEAGUE OF MINNESOTA CITIES "BUILDING QUALITY COMMUNITIES" CAMPAIGN. Second by Caspar. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Councilmember Klassen noted that there are programs in place such as the Community of Promise, Healthy Community. and the Rosemount Family Resource Center, which the City does participate in. This new program encourages people to participate "now" in citizenship and democracy. Councilmember Edwards noted that many on City Council have given extensively to youth programs and community events. Council consensus wholly supports the LMC "Building Quality Communities." Consent Agenda MOTION by Edwards to approve the amended Consent Agenda but removing Item 6. 1. Lance Johnson/Shafer Contracting Co. Mineral Extraction permit Re- Assignment for discussion. Second by Caspar. Ayes: Five. Nays: None. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 1, 2000 a. Minutes of July 18, 2000 Regular City Council Meeting b. Minutes of July 12, 2000 Committee of the Whole Meeting c. Bills Listing d. Expenditure Approval from Donation Account for Police Equipment Funds e. Temporary On -Sale 3.2% Malt Liquor License for the SKR Women's Softball Team f. Payment #1, Rosemount Business Park Phase 2 Street Utility Improvements, City Proj.308 g. Payment #3, Biscayne Pointe 3' Addition Street Utility Improvements, City Project 313 h. Debt Management Policy i. Naming Additional Depository Financial j. Firefighters' Relief Fund Schedules to State Auditor k. Resignation of Employee Public Works Director Dan Fick I. Lance Johnson /Shafer Contracting Co. Mineral Extraction Permit Re- Assignment Pulled for discussion Lance Johnson /Shafer Contracting Co. Mineral Extraction Permit Re- Assignment Councilmember Klassen had some clarification questions. City Planner Pearson noted that a settlement had been reached with Shafer Contracting Co. two weeks ago. Klassen agreed to re- assignment. MOTION by Klassen to authorize the execution of the revised 2000 conditions of operation for the Shafer Contracting Co. Mineral Extraction Permit. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Evermoor Planned Unit Development Amendment City Planner Pearson presented an amendment request that would change two neighborhoods in the Evermoor development. The Distinctive Townhomes (Innisfree) north of Birger Pond would become detached units (single family) instead of twinhomes. And, the Active Senior neighborhood, Crosscroft, south of Shannon Park Elementary School, will have a new street design that simplifies circulation and creates a larger space for the Association building. This eliminates the street connection to Shannon Parkway after Phase II, and allows additional units as a result of efficiencies created through the new street design. Architectural renderings of the housing styles were submitted for the amendment request. Additional landscaping was added, including 48 blue spruce trees. Council was pleased with the additional single family units. Councilmember Edwards did not approve of the small lot size. Councilmember Klassen reported that the construction operations now in progress need some signage for safety on Shannon Parkway and when large equipment is left, it should be parked in an orderly fashion. The Developer agreed to talk with the grading contractor. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR EVERI%IOOR. Second by Klassen. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. 2 PUBLIC HEARING: On -Sale Liquor and Special Sunday Liquor License for AMF City Limits Lanes Mayor Busho opened the public hearing for the application for the AMF City Limits and Lanes On -Sale Liquor and Special Sunday Liquor Licenses. The affidavits of posting and publication were on file with the City Clerk's Office. City Clerk Jentink presented information about the applicant. AMF is a nationally known sponsor of bowling tournaments. The closing for the new owners will be on August 3, 2000. AMF does not plan to change the floor plan or operations of the bar, restaurant, or bowling alley. The State of Minnesota will issue the required Buyers Card dependent upon City Council's approval. This does not add another liquor establishment to the City of Rosemount, but simply transfer an all ready existing license to AMF Bowling Inc. MOTION by Busho to close the Public Hearing for On -Sale Liquor and Special Sunday Liquor License for AMF City Limits Lanes. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Caspar to approve the transfer of On -Sale Liquor License and Special Sunday Liquor License from City Limits Lanes and Lounge to AMF Bowling, Inc. effective August 3, 2000 for AMF City Limits Lanes. Second by Klassen. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. ANNOUNCEMENTS Mayor Busho noted the up- coming regular city meetings and the Relay for Life on Aug. 4` MVTA has changed it's meetings in August to Aug. 2 at noon and Aug. 23 at 7 p.m. Metropolitan Council representative, John Conzemius, from Cannon Falls, presented a plaque to the City of Rosemount to honor their accomplishments in promoting Smart Growth, housing choice and cleanup of polluted land for redevelopment. This made Rosemount a "Charter Partner in the Livable Communities Program." Mayor Busho adjourned the meeting at 8:10 p.m. The City Council Agenda Packet is Clerk's File 2000 28. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 1, 2000 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE AUGUST 9, 2000 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on August 9. 2000. 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 Edwards. Klassen and Caspar. Staff members in attendance were City Administrator Burt, and Human Resources /Communication Coordinator Graff and Finance Director May. 2001 Budget The 2001 Budget was discussed and further direction was given to staff. Public Works Director Recruitment Human Resources /Communication Coordinator Graff reviewed the process for hiring. City Council gave direction to being advertising for the Public Works Director position. Compensation Study Human Resources /Communication Coordinator Graff reviewed the Compensation Study for various positions within the city. Council directed this to be placed on the next City Council agenda. Review Weekly Report City Council critiqued the existing weekly report. They noted improvement and appreciated staff reporting department updates to them in this manner. Councilmember Caspar asked for an update on the number of single family and multi family unites in the city of Rosemount. Staff will report this in the upcoming Weekly Report. There being no further business, the meeting was adjourned at 10:00 p.m. Respectfully submitted, Thomas D. Burt d Clerk's File 2000 -29. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 15, 2000, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145' Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Caspar, Klassen and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, City Planner Pearson, Community Development Director Parsons, Finance Director May, Parks Recreation Director Schultz, Police Chief Kalstabakken, and Engineering Consultant Weiss. The meeting was opened with the Pledge of Allegiance. There were no changes to the agenda and there was no Response to Public Comment. Public Comment Jerry Weisjahn, 3631 Upper 140 Street, expressed a desire for buffering lights and noise from County Road 42. There is a storm drainage easement next to his property for the holding pond across from his home. This has left an open area on the north side of CR42 and car lights come from the new Cimarron Avenue into his home. Staff will research and respond at a future meeting. Janie O'Donnell, 14397 Banyan Lane, Bloomfield Development, complained of breech of contracts that have occurred. O'Donnell referred to the Developers Agreement and items 7. and 15. The landscaping and irrigation is not complete. There is debris without containers. O'Donnell urged the City to begin inspections and make corrections where possible and charge it back to the developer by using their escrow or credit bond. Four of the five residents living in this tow nhonre unit arc present. Thomas A. Egan, 15025 Garrett Avenue, Apple Valley, is an attorney representing the neighbors around the McNamara Development against the Cub Foods proposal. Egan felt that the interpretation by staff of the "big box" was not the intent of the original Planned Unit Development. Residential areas surround this land on three sides. Cub Foods would bring a tremendous amount of traffic, much of it being semi -truck traffic. which would disturb the neighborhood. Egan noted that the hours of Walgreen are restricted. why not also restrict Cub Foods? Egan pleaded to let the residents conduct a traffic study while the City Council postponed its decision for Cub Foods PUD. Karl Hagen. 14012 Belmont Trail, put in a floating slab next to his garage within a utility easement. The Building Department has asked him to remove half the slab because of this. Haggen believed the easement was ten feet when in fact it was 15 feet. He would like to attach a disclousure to his title and said he would be responsible if the slab must be cut out. Hagen also stated he would pay for the title filings with Dakota County. Hagen asked for City Council's help to enable him to find a way to keep his full slab for parking in an easement that may never have to he dug up for utilities. Staff will check into this and report back to City Council. Donald Brown. 3825 153` Street, requested that four -way stop signs be placed at Claret and 153' Street, now a 2 -way stop sign. The traffic is often high speed and it is dangerous for 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 2000 pedestrians. Brown also noted that Cub Foods will be located in his back yard and that he was concerned about controlling shopping carts and debris. and ponding problems with all the new blacktop. Amy Ginter, 15133 December Trail. was against the Cub Foods development. Ginter has already started to see an increase in traffic on December Trail as a by -pass to the busier streets. Ginter noted that she did not expect a Cub Foods, but something more like a Barnes Noble. or Pier One Imports. Monika Oeltjen, 15772 Cicerone Court, lives south of the proposed Cub Foods. Oeltien is concerned about traffic and noise from delivery trucks. She conducted a poll of local neighbors and found that most want a new family restaurant, not the Cub Foods and she wished they would find a different location. Ed Zentzis, 15157 Crestone Circle, moved in just three weeks ago, and asked if an environmental study was done. Staff responded that there was one when the original planned unit development was proposed. Dave Anderson, 14389 Banyan Lane, reported that in December of 1999 CMC Heartland Development had filed that they would be pulling out of their Minnesota Development. So, any promised improvements are probably not going to get done. Anderson presented photos of Bloomfield Development showing the unkept crass and unfinished landscaping. The photos were put on file with the City Clerk. Mary Riley, 15470 Danville Avenue, did not believe the residents of Rosemount could support two grocery stores. Riley would not want to see the new mall area become vacant. Riley thought Cub Foods would not be conducive or complimentary to our area. Riley believed a traffic and water study should be done now. Frances Foster, 14385 Banyan Lane, would like to see their housing development finished. Bostrom noted the Development Agreement and the many failures of that agreement which are occurring now. fhe environment is also getting damaged by mud slides due to the incomplete landscaping. Foster urged staff to inspect the badly neglected neighborhood, move forward to complete what can he. and charge back CMC from their escrow account. Consent Agenda MOTION by Edwards to approve the amended Consent Agenda (Councilmember Cisewski removed herself from voting on Item 6.g. Appoint Election Judges due to her being an Election Judge this year). Second by Caspar. Ayes: Five for all but Item 6.g.. Nays: None. Motion carried. a. Minutes of August 1, 2000 Regular City Council Meeting b. Minutes of May 20,22. 2000 Special City Council Meetings c. Bills Listing d. Authorization of Small Issuer Rebate Exception Authority for Port Authority G.O. Bonds 2000B 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 2000 e. Payment #1.. 2000 Street Utility Reconstruction Improvements, City Project 316 f. Settlement Agreement with Shafer Contracting Co. g. Appoint Election Judges h. Temporary On -Sale Liquor License for American Legion i. Firefighter's Relief Association Benefit Adjustment Modification to the Development Program for Development District No. 1 and the Modification to the Tax Increment Financing Plan for Downtown TIF District No. 1 Mayor Busho reviewed the public hearing procedure and opened the Public Hearing for the Modification to the Development Program for Development District No. 1 and the Modification to the Tax Increment Financing Plan for Downtown. The recording secretary noted that the notices of posting and publication were on file. Community Development Director Jim Parsons presented the modification to the Tax Increment Finance (TIF) Plan. These modifications bring the 25 year old budget of the TIF District up to date. This will allow the actual dollars available to be used on other properties which will be added by property identification numbers to the plan. There were no questions by City Council as this had been discussed at the Port Authority meeting. No one in the audience responded for open comment. MOTION by Edwards to close the Public Hearing for the Development Program for Development District No. 1 and the Modification to the Tax Increment Financing Plan for Downtown. Second by Caspar. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to approve A RESOLUTION ADOPTING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1; AND ADOPTING THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE DOWNTOWN TAX INCREMENT FINANCING DISTRICT NO. 1. Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Councilmember Klassen noted that the Planning Commission had also heard and approved these modifications to the T1F Plan. KTJ Limited Partnership (Cub Foods) Planned Unit Development Amendment Final Plat City Planner Pearson presented the PUD amendment submitted by Paul Tucci of Oppidan, the developer for Cub Foods. Pearson reviewed the original PUD of 1996 and followed it through the concept plan and how it has developed until today. Now that there are actual proposals and not just concept plans the pros and cons can be weighed. A traffic study was conducted and the street design in place is expected to handle the traffic that will be generated by Cub Foods. The parking lot lights were lowered from 40' to 30' tall. Signage allowed is under 300 sq. ft. There will be two signs. one near C'R42 and one near 151" Street West totaling about 270 sq. ft. The sign near 151" Street West will have the Tight turned off at 10 p.m. There will he a coffee shop with a patio at the northwest corner of the lot. About four retail or service shops will be included 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 2000 in the PUD. Brick will cover 58% of the outside walls. The south wall will not be required to have brick because a 8 ft. high masonry wall will screen that wall and loading dock area along with additional landscaping. The driveway on 151" Street was eliminated. Mayor Busho noted that all the e -mails and letters she received regarding Cub Foods were copied for the file and all Councilmembers. Busho noted that 38 were in favor and 34 were against the PUD for Cub Foods. Police Chief Kalstabakken researched Eagan and Apple Valley police departments about the significance that the Cub Foods has had in their area. It was reported that most of the calls to the store have been routine assist calls such as locked cars and shoplifting. Apple Valley did have youth gathering at night in the parking lot of Cub but they hired police officers for a night shift from 8 p.m. to 1 p.m. which took care of the problem. Kalstabakken did not forsee a great increase in crime due to the Cub Foods store. Mr. Tucci noted that the pharmacy will not be a 24 -hour pharmacy, it will be from 9 a.m. to 9 p.m. The vendors that deliver goods will not he allowed to "drop" their trailers. Cub normally does have a truck with perishable goods for their deli deliver each night between 11:30 p.m. to 2 a.m. Regular vendors are required to come between 7 a.m. and 2 p.m. The Cub Foods store will be open 24 hours a day. Council consensus was that the developer had worked to better most of the concerns and this business would provide another opportunity for residents to shop in Rosemount. Council requested that an additional condition be added to the resolution requiring the consulting engineers to check on and approve the traffic flow on Claret Avenue for the pharmacy pick up and trucks exiting from the loading area. MOTION by Edwards to adopt the amended RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT AMENDMENT FOR KTJ LIMITED PARTNERSHIP (CUB FOODS). Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR OUTLOT B, McNamara ADDITION, KT] LIMITED PARTNERSHIP. Second by Cisewski. Ayes: Cisewski, Busho, Caspar, Edwards. Klassen. Nays: None. Motion carried. Master Transmission Concept Commercial Planned Unit Development, 14805 S. Robert Trail City Planner Pearson presented the Master Transmission Concept Commercial Planned Unit Development for 14805 South Robert Trail. The business is currently located across from KWIK Trip gas and grocery. This new building would be built while the old building houses the business. The old building would be removed after completion of the new one. The current zoning is C -4 which is General Commercial and therefore allows the transmission repair facility. The building would be constructed of brick and stucco. The service bays will be oriented north and south with the front of the building very near the property line on South Robert Trail. The 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 2000 building would maintain more of an office look from the front with parking on the sides. A green space would remain on the southern tip of the property. Council consensus was that this would blend in with the downtown area nicely. It would help eliminate one driveway onto South Robert Trail by sharing the drive with the neighboring business. Mr. Jensen noted that construction would begin late in the fall of 2000. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE CONCEPT COMMERCIAL PLANNED UNIT DEVELOPMENT FOR MASTER TRANSMISION. Second by Caspar. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Accept Bids and Award Sale for General Obligation Water Revenue Bonds, Series 2000A Finance Director May presented the bids which had been opened at 11 a.m. on August 15 at the offices of Springsted, Inc. Barry Fick was present from Springsted to answer any questions. The low bidder had an interest rate of 5.1699% from Wells Fargo Brokerage Services, LLC_ The City's bond rating is A2. which is very desirable. When our population increases the bond rating may be able to advance even higher. Staff recommends approval. MOTION by Klassen to adopt a RESOLUTION ACCEPTING OFFER ON SALE OF S1,160,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2000A AND PROVIDING FOR THEIR ISSUANCE. Second by Caspar. Ayes: Caspar, Edwards, Klassen, Cisewski. Busho. Nays: None. Motion carried. Receive Bids /Award Contract for Broback 3 Addition Storm Sewer Improvements, City Project 319 Acting City Engineer 13ret Weiss presented the project for storm sewer improvements and an alternate bid for street reconstruction. The bid opening took place on Thursday. August 10, 2000, at 9:00 a.tn. The apparent low bidder was Municipal Contracting Services of Faribault, Minnesota. The bids were higher than engineers estimated. Weiss suggested that the alternate for the project be postponed and that it would be combined with another project to lower the cost. The base bid of S54.056 would provide improvements for back yard drainage in the storm sewer system in Broback's 3 Addition. MOTION by Edwards to accept A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR TIIE BROBACK 3" ADDITION STORM SEWER IMPROVEMENTS CITY PROJECT 319. Second by Busho. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 10:11 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2000— 30. 5 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 5, 2000. at 7:30 p.m. in the Council Chamber at City Hall, 2875 145 Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Caspar, Klassen and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, City Planner Pearson, Human Resource /Communication Coordinator Graff, Parks Recreation Director Schultz, Police Chief Kalstabakken. and Engineering Consultant Bret Weiss. The meeting was opened with the Pledge of Allegiance led by Parks and Recreation Director Dan Schultz. The agenda was amended by adding an item to the Consent Agenda, 6.n. Hiring of P/T Building Inspections Secretary and additional information for Item 61 (a resolution for) Variance Request from Dakota County's Street Naming and Addressing Ordinance and Item 8.b. (a revised agreement for) PUD Agreement with K.T. J. Limited Liability Partnership Thirty -Nine (Cub Foods). Engineering Consultant Weiss requested that the State of Minnesota Contract 80826 for roadway construction on Highway 3 be added to Old Business, Item 8.c. Mayor Busho amended the agenda accordingly. Public Comment Jeff Fadden, 12213 Biscayne Avenue, noted there were not enough agendas and requested council packet information for the audience. The City Clerk will see to this matter. Response to Public Comment: Bloomfield Landscaping Improvements Residents of Bloomfield development at the August 22 City Council meeting claimed the developer could be charged with breech of contract because of unfinished landscaping. Staff inspected the development and had to agree. A letter was sent demanding an "action plan" by September 8 and completion by September 29. 2000, or other options will be used by the City to complete the work needed. Response to Public Comment: Karl Hagen Variance Councilnrember Cisewski requested this item be discussed at a Committee of the Whole work session on September 13 Council agreed. Consent Agenda Councilnrember Edwards requested that Item 6.1. Massage Therapy Fees be pulled for discussion at a Committee of the Whole work session on September 13 Council agreed. Edwards requested discussion on Item 6. h. Salaries for Positions in Limited Market Study this evening, therefore it was pulled from the Consent Agenda. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 2000 MOTION by Edwards to approve the Consent Agenda with the addition of Item 6.n. Hiring P/T Building Inspections Secretary and removing Items 6.h. Salaries for Positions in Limited Market Study and 6.1 Massage Therapy Fees. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. a. Minutes of August 15, 2000 Regular City Council Meeting b. Bills Listing c. Expenditure Approval From Donation Account for Leprechaun Days d. Resolution Setting 2001 Preliminary Levy and Budget Hearing Dates e. Payment #2- Rosemount Business Park Phase 2 Street Utility Improvements City Project #308 f. Payment #4- Biscayne Pointe 3` Addition Street Utility Improvements City Project #313 g. Change Order 42 Birger Pond Outlet Improvements, City Project #262 h. Salaries for Positions in Limited Market Study (pulled for discussion) i. Resignation of Employee j. Variance Request from Dakota County's Street Naming and Addressing Ordinance k. Use of Park improvement Funds I. Massage Therapy Fees (pulled) m. Hiring of Code Enforcement n. Hiring of P/T Building Inspections Secretary Salaries for Positions in Limited Market Study Councilmember Edwards wished to note that this is a change in position pay ranges, not a pay raise. MOTION by Edwards to approve the listed 1. Police Chief $59,856 $75,092 2. Police Lieutenant $53,904 $66,000 3. Finance Director $56,579 $72,638 4. Public Works Dir. $60,108 $74, 830 5. Public Works Sup $47,015 $60,083 6. Civil Engineer $43,464 $54.432 7. Comm. Dev. Dir. $54,574 $68,767 salary ranges effective September 8. Citv Planner $43, 9. Building Official 10. Parks Rec. Dir. 11. Community Ctr. Mgr. 12. Recreation Supervisor 13. City Clerk $43, $54, $40, $37, $31, 17, 2000: 762 $56,294 762 $56,294 336 $67,500 596 $50,748 227 $48,609 000 $45,000 Second by Klassen. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. Massage Therapy Fees MOTION by Edwards to table discussion on Massage Therapy Fees to the Committee of the Whole work session on September 13, 2000. Second by Caspar. Ayes: Five. Nays: None. Motion carried. Final Plat Outlot A, McNamara Addition, Francis Doleis City Planner Pearson reviewed the final plat for the McNamara Addition commercial area, Outlot A. which is east of the Walgreens and KinderCare, and south of County Road 42. This is 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 2000 the location where Shenanigan's Liquor Store (off -sale liquor only) will move to from their restaurant/bar business on South Robert Trail. Owner Fritz Dolejs will retain the restaurant/bar business Shenanigans at the South Robert Trail location. The Planning Commission conducted a public hearing on August 8' 2000 for the site plan. Concerns were noted about temporary banners often used by liquor stores and the proximity of the store to the KinderCare child day care business. Ordinances only restrict proximity of churches and schools to off -sale liquor sales. Mayor Busho requested that acorn lighting be included to continue the lightscape design set in the downtown area. Discussion was held by the City Attorney, Council and staff whether to include this in a resolution or subdivision agreement. It was noted that the resolution provides for this under item 2. Subject to: Execution of a subdivision agreement to secure public infrastructure as needed. Alan Schackman. President of Asset Management Construction Inc., noted that the Chippendale Retail Development will begin within the next two weeks with the 10,000 square foot building. The second phase will be in early spring, and third phase will be decided next year. Mayor Busho requested that the entire site be maintained by mowing when needed. Schakley said the entire site will be rough graded and then seeded where the third phase is designed. Council discussed the appearance of a construction trailer on site. MOTION by Klassen to adopt a resolution approving the final plat for Francis Dolejs (Chippendale Retail Development). Second by Cisewski. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. PUBLIC HEARING: Variance Appeal: Vermillion State Bank, 15040 Canada Avenue Mayor Busho opened the public hearing for the variance appeal by Vermillion State Bank. The affidavits of posting and publication were on file with the City Clerk's Office. City Planner Pearson explained the drive through variance necessary on the lot lines to accommodate a safe and navigable drive through around the back of the building. The neighboring landowners were not interested in selling any property to achieve zero variances. The Planning Commission had denied the variances due to possible snow removal problems and traffic circulation concerns. Various other designs proved to be less desirable causing stacking problems and turning radius limits. City Council is requested to decide to uphold the Planning Commission's decision or overturn that decision. Kevin Pedelty, President of the Vermillion Bank, noted that their bank business hasn't grown as fast as they would have liked at the location they are at now, 3410 151 Street West. This higher profile location on County Road 42 would be a benefit to their business and a convenience to their customers. Pedelty said they plan to remove all snow from the site so that visibility is maintained for advertising and drivers. The fascia will be changed to shingles for a more residential look. The current building is solid block construction and very strong so it would he cost prohibitive to move the building or remove it and start over with a new building location on the site. Council discussed different traffic patterns and lane widths. Pedelty conceded to two drive- through lanes rather than three. Since this is actually a re- development for a vacant building, Council consensus was to encourage this business to look for the hest solutions. 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 2000 Fritz Dolejs, 14605 South Robert Trail, Shenanigans owner, asked if the green space requirement of 25 would be necessary and does Vermillion State Bank meet that requirement? City Planner Pearson said they have not gotten to the point of doing a site plan review yet. This property is Commercial (C -4) which does not have those requirements as Shenanigans which is C -2 zoning. Mayor Busho opened the public hearing for comment from the audience. There were not comments. MOTION by Edwards to close the Public Hearing for a Variance Appeal by Vermillion State Bank, 15040 Canada Avenue. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to overturn the decision of the Board of Appeals Adjustments and grant the variance subject to the above mentioned three items and any others that the Council may require. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Mayor Busho and Council thanked staff for their hard work and the Planning Commission for their careful review of this development request. PUD Agreement with K.T.J. Limited Liabilitv Partnership Thirty -Nine (Cub Foods) City Planner Pearson talked with Developer Paul Tucci late on Friday who requested an increase in the total square footage of 68,018 to 70328 or 2,710 sq. ft. more for the building of Cub Foods. Because of this revision, Council approval is necessary because of specific language in the PUD Agreement pertaining to the area of the footprint. Staff has revised the agreement to indicate that the first phase will not exceed 70,750 sq. ft. total. Councilmember Cisewski noted that this request causes some distrust with future dealings and caution will he used. MOTION by Edwards to authorize the execution of the PUD Agreement with K T J Limited Liability Partnership Thirty -Nine. Second by Klassen. Discussion ensued. Motion polled: Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. Receiving Bids and Awarding Contract for the Trunk Highway 3 Improvements Between 143 Street and 145 Street, City Project 314 Acting City Engineer Weiss reviewed the bid process and proposed improvements for City Project 314. City staff will do all inspections, this does not include any ornamental fencing at this time, and NSP will do underground power supplies and street lighting. The cost was $50,000 more than estimated due to the lateness of the year, necessary traffic control, and an additional pavement section. Acting City Engineer Weiss presented two resolutions. One for receiving bids and awarding the contract for Trunk Highway 3 and one for entering into an agreement with Minnesota Department of Transportation for cost sharing in the project. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 2000 MOTION by Edwards to approve MnDot Agreement No. 80826 with the State of Minnesota, Department of Transportation. Second by Caspar. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. MOTION by Edwards to approve A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE TRUNK HIGHWAY 3 IMPROVEMENTS BETWEEN 143 STREET AND 145 STREET CITY PROJECT 314. Second by Busho. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. ANNOUNCEMENTS Mayor Busho noted the up-corning city meetings: Primary Election is Tuesday, September 12` so Planning Commission will be held at 8:00 p.m. rather than the usual time of 6:30 p.m. on September 12 Committee of the Whole work session is on September 13, 6:30 p.m. Parks Recreation Director Schultz noted that the National Guard will have a change of command on September 19. Councilmember Klassen announced that the Middle School will hold a celebration for a National Service Award received. September 30 will be fall City -Wide Clean Up. MOTION by Edwards to adjourn to a Closed Executive Session in order to discuss pending litigation on the Wachter Special Assessment with client/attorney privileged information. Mayor Busho adjourned the meeting at 8:40 p.m. The City Council Agenda Packet is Clerk's File 2000 31. 5 Respectfully submitted, Linda Jentink. itv Clerk Recording Secretary 1 1 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on September 13, 2000, 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, Edwards, and Klassen. Staff members in attendance were City Administrator Butt, Finance Director May, Parks and Recreation Director Schultz, Community Development Director Parsons, City Planner Pearson, Planning Intern Julie Hoium, and Police Chief Kalstabakken. Mississippi River Greenway Planning Project Parks Recreation Director Dan Schultz introduced Tom Lewanski with Friends of the Mississippi River Greenway Planning Project. Bruce Chamberlain of Hoisington Koegler Group gave an update on the project. Karl Hagen Variance Request City Plarmer Pearson gave an overview of the parking slab that was placed within a storm drain easement inadvertently by the homeowner. Council agreed with the staff recommendation to have the homeowner remove the concrete slab and directed staff to prepare a response for the next City Council meeting. Massage Therapv Fees Councilmember Edwards asked that this item be discussed. Edwards did not feel there was a need to change the fees. Staff was directed not to make any changes at this time, but that they may be discussed again when the 2001 Fee Resolution is discussed in December. On -Sale Liquor License On Public Premise Commercial Zoning District 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE SEPTEMBER 13, 2000 Parks Recreation Director Schultz reviewed the current ordinance which requires liquor establishments to be contiguous with the City of Rosemount in order to cater liquor at the Banquet Room. Schultz explained the state approved Catering and Liquor License that some cater businesses have which allows them to serve liquor. Council directed staff to amend ordinance to include all on -sale liquor license establislunents. The Council heard a presentation from planning intem Julie Hoium on proposed changes to the zoning ordinance for commercial districts. The overall direction of the changes is to expand and clarify permitted uses, require stricter building standards and review mapping of undermappcd districts such as C -3 Highway Commercial. The Council discussed the proposed changes in detail and directed staff to follow up with draft ordinances for future Council review. 1 10 Year Capital Improvement Plan Time was limited so this item was postponed to the October work session. NSP Utility Pole City Administrator Burt reported that NSP has been notified to remove the utility pole in Birger Pond. Updates City Administrator Burt gave up dates on Evermoor Fiber Optics, the Business Park, Public Works Director, and purchase of the Quonset hut property. There being no further business, the meeting was adjourned at 9:30 p.m. Clerk's File 2000 -32. 2 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE SEPTEMBER 13, 2000 Respectfully submitted, Thomas D. Burt, Cit Adm. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. September 19. 2000. at 7:30 p.m. in the Council Chamber at City Hall, 2875 145' Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Caspar. Klassen and Edwards present. Also present were City Attorney LeFevere, Police Chief Kalstabakken, City Planner Pearson, Human Resource /Communication Coordinator Graff, Community Development Director Parsons, and Engineering Consultant Bret Weiss. 'The meeting was opened with the Pledge of Allegiance led by Police Chief Gary Kalstabakken. The agenda was amended by moving items 6.p. /q. /r. from the Consent Agenda to OLD BUSINESS for discussion (Evermoor final plats). Additional inforniation was provided for item 6.o. Hiring of Building Inspector, naming John McNeish, 8.a. completed resolution for reassignment of PUD from CMC Heartland Partners to Centex Homes, and 9.b.. a map showing additional landscaping for Carrousel Plaza. Public Comment Principal Greg Claussen presented the Levy for Learning. He demonstrated the use of the referendum for operating funds for learning, for teachers and staff, instructional materials, testing and utilities. Funds will not be used for construction or renovation of schools or related structures. There are 28,000 students in School District 196 and 31 schools. Six of the schools have received National Excellence Awards. 1.S.D. 196 is the fourth largest school district in the state, preceded by Anoka, St. Paul, and Minneapolis. Claussen noted that state funding has not kept pace with rising expenses. If this levy referendum is successful, class size can be decreased. For the average home valued at $144,435 a resident will pay $315 more a year, or $26 per month. If this levy is not approved, likely bus service will be cut to outside a 2 mile radius of the school and class size would increase. Margaret Golunan, a resident of I.S.D. 196, urged all residents to vote "yes" for the school referendum. The kids of the future need opportunities and this levy will help them. Many school districts in the area are needing additional funds and are doing the same thing. Response to Public Comment: Karl Hagen, 14012 Belmont Trail City Planner Pearson reviewed the request by Karl Hagen to retain a cement parking slab which he had inadvertently placed on a utility easement. City staff caught the mistake when a Conditional Certificate of Occupancy was issued to Hagen with the condition that the parking slab be removed over the easement. Mr. Hagen requested that a stipulation be placed on his deed stating that in the event the utility easement would be required to he dug up he would willingly remove the slab as with any future owner of the property. City Council reviewed the options at the Committee of the Whole work session on September 13 °i and advised staff that the encroaching slab should be removed as provided in the conditions of the Certificate of Occupancy. 1 1 Response to Public Comment: Weisjahn Request ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 2000 MOTION by Edwards to direct staff to enforce the conditions of the Certificate of Occupancy for 14012 Belmont Trail, Karl Hagen. Second by Cisewski. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Consulting Engineer Weiss examined the location of the Weisjahn home to the commercial development south of their home. Weiss said that trees and shrubs from the city nursery would be planted this fall on the north side of County Road 42 to block some of the lights. Consent Agenda Consent items 6.p /q. /r. Evermoor Additions Final Plat, and 2 and 3`d Additions Final Plats were pulled for discussion under Old Business and Item 6.o. Hiring of Building Inspector. additional information was given. MOTION by Edwards to approve the amended Consent Agenda with the additional information for 6.o. Hiring of Building Inspector and pulling items 6. /p. /q. /r. Evermoor Final Plats for discussion under Old Business. Second by Caspar. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. a. Minutes of September 5, 2000 Regular City Council Meeting b. Bills Listing c. Expenditure From Donation Account for Parks Recreation Dept. d. Payment #1 Final for 2000 Overlay Improvements, City Project 315 e. Payment #4 Final Oakridge Estates Street Utility Improvements, City Project #310 f. Payment #2 for 2000 Street Utility Reconstruction Improvements, City Project 316 g. Declare Costs for Assessment /Set Public Hearing for Oakridge Estates Street Utility Improvements CP 310 h. Declare Costs for Assessment /Set Public Hearing for Biscayne Pointe 3` Addition Street Utilities Improvements, City Project 313 i. Declare Costs for Assessment/ Set Public Hearing for 2000 Bituminous Overlay Improvements, City P. 315 j. Receive Feasibility Report'Set Public Hearing East Side Watemrain Improvements, City Project 320 k. D.A.R.E. School Liaison Services Agreement 1. Declaration of Surplus Property m. Compensation for Unionized Positions in Limited Market Study n. Hiring of P/T Parks Recreation Receptionist o. Hiring of Building Inspector- Jolm McNeish p. Evermoor Addition Final Plat Pulled for discussion q. Evermoor 2 Addition Final Plat Pulled for discussion r. Evermoor 3` Addition Final Plat Pulled for discussion s. Commercial Area Design Enhancement Plan ROSENIOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 2000 Reassignment of PUD and Subdivision Agreements from CMC Heartland Partners to Centex Homes City Attorney LeFevere explained Centex Homes was willing to purchase and develop the property owned by CMC Heartland Partners for Bloomfield Development. This will be purchased in two parts which will require a lot split. This will recover substantial costs for the city and provide protection for this development. The Letter of Credit from CMC Heartland Partners of S179,000 is due October 1, 2000. The City would like to recover costs for interest, engineering expenses. testing services, legal fees, special assessments, and liens from Ryan Contracting on materials ordered and not used. Centex will also provide a replacement Letter of Credit in the same amount. Scott Richter, Division President of Centex, reported that they have taken the initiative to begin the completion of the landscaping and irrigation near the occupied townhomes. Sod will he delivered and placed next week. Centex has contacted most homeowners to explain warranty issues. MOTION by Edwards to adopt A RESOLUTION RELATING TO ASSIGNMENT OF SUBDIVISION AGREEMENT AND PUD AGREEMENT TO CENTEX AND SUBDIVISON OF OUTLOT B, BLOOMFIELD ADDITION and have staff negotiate final terms. Second by Busho. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. PUBLIC HEARING: Vacation of Easements for McNamara Addition, Outlots B D Mayor Busho opened the public hearing for the vacation of easements for McNamara Addition, Outlots B and D. The affidavits of posting and publication were on file with the City Clerk's Office. City Planner Pearson determined that the first development changed the street alignment which altered the utility easements needed. This is a housekeeping task for the plat registration with the county. Outlot D was regraded making the infrastructure obsolete. There were no comments by the audience. MOTION by Busho to close the Public Hearing for the Vacation of Easements for McNamara Addition, Outlots B D. Second by Edwards. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMENT VACATION FOR McNAMARA ADDITION. Second by Cisewski. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. Evermoor, Evermoor 2 Addition, Evermoor 3 Addition Final Plats City Planner Pearson reviewed three conditions, as recommended by the City Attorney, that will ensure that the PUD Agreement is recorded so that it will he in effect after the properties are sold, and that the restrictive covenants required of the PUD will be enforced by the 3 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 2000 Homeowner's Association(s). These three conditions are: 1) An amendment to the PUD Agreement to reflect recently approved changes to the Planned Unit Development. 2) Recording of the PUD Agreement, 3) Execution and recording of neighborhood Homeowner's Association covenants to assure compliance with the Planned Unit Development. Phase 1 is the classic homes. Phase 2 is north of Shannon Pond School, and Phase 3 is 30 townhomes or detached homes. City Council wished to add a fourth condition; 4) Fit sidewalks in appropriate area that does not diminish lot size. Pearson noted that the Evermoor Parkway street alignment has changed which shifted some lot lines. DR Horton purchased Outlot L for development. Council directed staff to adjust where the trail easements are needed as was done on l60` Street. MOTION by Klassen to adopt the amended resolutions for the approval of Evermoor, Evermoor 2nd Addition and Evermoor 3 Addition Final Plats which include four conditions which includes fitting sidewalks in appropriate area that does not diminish lot size. Second by Cisewski. Discussion was held. Polled: Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. R.C.D. Real Estate Partnership Lot Division, 160 Street City Planner Pearson reviewed the request for a lot split next to Dakota Fence on 160 Street by property owner David Fischer, R.C.D. Real Estate Partnership. A lot split of five acres or more does not need to be platted at the county, so the Park Recreation Dedication Fee will be collected with building permit fees when development takes place. MOTION by Klassen to adopt A RESOLUTION APPROVING THE LOT DIVISION REQUESTED BY RCD REAL ESTATE PARTNERSHIP. Second by Caspar. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Carrousel Plaza Townhomes PUD Final Development Plan and Preliminary Plat Heritage Development City Planner Pearson reviewed the 38 unit townhouse development by Thomas Von Bische of Heritage Development. The Planning Commission requested revisions for common parking, a berm with landscaping between the movie theater and homes. The developer does not wish to provide fencing that is masonry or insert a sidewalk on the private street within the development. Council discussed these issues and concluded that the fence need not be all masonry. that hoard on board with brick or stone pillars would he acceptable, and that the sidewalk requested would be an additional safety feature for residents, so it should he included. The private street is only 28 feet wide. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT, (FINAL DEVELOPMENT PLAN) AND PRELIMINARY PLAT FOR CARROUSEL PLAZA TOWNHOMES and revise item 7. to include wood and masonry as ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 2000 proposed. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Set Interview Date for Public Works Director and Set Date for City Administrator Review Human Resource /Communication Coordinator Graff requested Council to determine a date to interview two candidates for the Public Works Director position. Wednesday. September 27 2000, at 6:15 to 7:30 p.m. at City Hall was confirmed. Also, Graff requested the review of City Administrator Burt to be set. Council concluded that Burt's review could be handled after the regularly scheduled City Council meeting on Oct. 3, 2000. MOTION by Busho to set two special meetings, one for interviewing candidates for the Public Works Position, on Wednesday, September 27, 2000, at 6:15 p.m. and another for the review of the City Administrator on October 3, 2000 following the regularly scheduled City Council meeting. Second by Edwards. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. ANNOUNCEMENTS Three special meetings were announced: 1) September 30` is Rosemount Clean -Up Day, 2) October 1" is Middle School Award Day. 3) October 5 is Cities Week Open House at City Hall and the Public Works garage. Mayor Busho adjourned the meeting at 9:20 p.m. The City Council Agenda Packet is Clerk's File 2000 33. 5 Respectfully submitted, i Linda Jentink, City Clerk Recording Secretary 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 3, 2000, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145 Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Caspar, Klassen and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, City Planner Pearson, Parks Recreation Director Schultz, Police Chief Kalstabakken, Community Development Director Parsons and Engineering Consultant Bret Weiss. The meeting was opened with the Pledge of Allegiance led by Police Chief Gary Kalstabakken. There were no changes or additions to the agenda. There were no Public Comments or Response to Public Comments. Introduction and Oath of Office for Police Reserve Officers Crime Prevention Month ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 2000 Police Chief Kalstabakken introduced five new members to the Police Reserves: Gene Allen, Michelle Ieppeson, George Provol, Reid Troxel, and Michael \Tassel. Veteran members are David Bailey, Kini Ericksen, Dean Sandstrom and Randy Trefethren, Reserve Commander. Trefethren has been a member 9 years and Ericksen has been a member for 8 years. The Senior Reserves have contributed 197 hours so far this year. This group helps the Police Department to be more visible at community events and assist in providing a safe and pleasant community to live in. Mayor Busho administered the oath of office for the five new Police Reserve members. Police Chief Kalstabakken noted that this month is Crime Prevention Month, Domestic Violence Prevention Month, and Fire Prevention Month. The schools will have several demonstrations, there will he an article in the newspaper on crime tips. and the City will have an Open House, where information will be available for residents. The County is hosting. along with the City of Rosemount Police Dept., a gun lock program that will give a gun locking system to anyone who requests one in the hope this will prevent crimes and accidents. Cities Week Declaration Mayor Busho made a proclamation declaring the week of October 8 through 14, 2000, Minnesota Cities Week. This year's theme is "Building a Quality Community' to help focus on local government and how it enhances life for its residents. City Hall will have an Open House on October 5 2000 with tours, displays, and information available from all departments. The City Garage will also be open for vehicle displays as well as the Police Dept. The hours of the Open House are 4:00 p.m. to 8:00 p.m. The Rosemount Middle School group, POPs (People of Peace) will have a game and violence prevention information available. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 2000 add onto the resolution, item 1. ...Park Dedication to cover the new .8 acre lot. Poll: Ayes: Caspar, Edwards. Klassen, Cisewski. Busho. Nays: None. Motion carried. Comprehensive Plan Implementation Rezoning of Properties to Business Park City Planner Pearson reviewed the Business Park designations available for the Rosemount Business Park. The current zoning is Agriculture and this use could continue even after rezoning until the time the property is sold. A Public Hearing was held at the Planning Commission at which one property owner showed a preference for the BP -1 and a residential owner who questioned the legal non conforming use and how it affected his property. BP -2 zoning has a higher standard for buildings and does not allow outdoor storage. A council majority vote is needed to pass this rezoning. MOTION by Caspar to adopt an Ordinance Amending Ordinance B City of Rosemount Zoning Ordinance rezoning the Agricultural land in Section 32 to BP -1 and BP -2, in conformance with the 2020 Comprehensive Plan. Second by Edwards. Ayes: Edwards, Klassen, Cisewski, Busho. Caspar. Nays: None. Motion carried. PUBLIC HEARING: East Side Watermain Improvements, City Project 320 Mayor Busho opened the public hearing explaining the procedure. The affidavits of posting and publication were on file with the City Clerk's Office. Consulting Engineer Weiss gave a review of Phase 1, the water tower and Phase 2, the extension of the trunk water vain system from 140' Street along Trunk Highway 52 to Koch Refining, then along Pine Bend Trail to Trunk Highway 55, then southeast to Doyle Path. The cost of project is estimated at 51,127,000. The Utility Commission has not considered an extension to the project at this time, however it would be recommended to include a loop to enhance the water quality and insure no interruption in service. City Council also suggested offering this to additional businesses to the north for needed fire suppression. It will require a Public Hearing for this addition because this would cause property assessments. Weiss called for approval of the project presented and an additional phase will then be brought back for a public hearing. Mayor Busho opened the public hearing for comments from the audience. There were no comments by the audience. MOTION by Caspar to close the Public Hearing for the East Side Watermain Improvements, City Project 320. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Klassen to adopt A RESOLUTION APPROVING THE PROJECT AND ORDERING PLANS AND SPECIFICATIONS FOR THE EAST SIDE WATERMAIN IMPROVEMENTS, CITY PROJECT 320. Second by Cisewski. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. MOTION by Busho to call for a Public Hearing for a Loop Option for City Project 320. Second by Edwards. Ayes: Busho, Caspar. Edwards, Klassen, Cisewski. Nays: None. Motion carried. Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 2000 MOTION by Klassen to approve the Consent Agenda. Second by Caspar. Ayes: Cisewski, Busho, Caspar, Edwards. Klassen. Nays: None. Motion carried. a. Minutes of September 19, 2000 Regular City Council Meeting b. Minutes of August 9, September 13, 2000 Committee of the Whole c. Bills Listing d. Budget Amendments e. On Sale On Public Premise Liquor License for AMF City Limits Lanes f. 2001 Port Authority Budget Order Feasibility Study for Downtown Streetscape Improvements Community Development Director Parsons presented a recommendation from the Port Authority to order a feasibility study for the downtown streetscape improvements on South Robert Trail. Their recommendation was to hire WSB Associates to conduct a study that will take about 8 weeks and is based on the plan dated September 22, 2000. Funding sources will he explored as well as property assessments. MOTION by Klassen to order consulting engineer WSB Associates to conduct a feasibility study on downtown streetscape improvements on South Robert Trail. Second by Cisewski. Discussion by Councilmember Edwards noted that this topic has been before the Port Authority a long time and was approved at the Port Authority meeting this evening prior to the City Council meeting. Poll: Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Carlson Properties of Rosemount: Lot Split in South Rose Park City Planner Pearson presented the lot split request by Ronald Carlson of Carlson Properties of Rosemount. The property is a platted lot, which will he split into two parcels that will have a common boundary line, aligning with the lots to the east. Staff recommends a shared driveway access between the two lots to limit driveway access onto Chippendale Avenue. Carlson" agreed to this shared driveway. City Administrator Burt addressed the need to have a comprehensive plan to do uniform lighting, and sidewalks or trails. Then as lot splits or development occurs property owners could be required to adhere to the city's plan. This could be dealt with at a Committee of the Whole work session. Council agreed. Council consensus was to include Park Dedication Fees with the .8 acre lot. City Attorney LeFevere described several ways a petition waiver agreement could defer an assessment payment. MOTION by Edwards to adopt A RESOLUTION APPROVING THE LOT SPLIT FOR CARLSON PROPERTIES OF ROSEMOUNT. Second by Caspar. Edwards asked for clarification. A friendly amendment to the motion was made with Second Caspar's consent to 2 1 PUBLIC HEARING: 2001 Tax Rate Increase ANNOUNCEMENTS ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 2000 City Administrator Burt noted that the State of Minnesota 1999 legislation mandated all cities and counties to approve a resolution to levy a dollar amount higher than that calculated by the County Treasurer Auditor which would result in a higher levy certification tax rate for the year 2001. Costs have gone up for city services 8.9 however, market growth in our community has been 16 So, there will be an actual reduction in the city portion of taxes to the resident. The Truth and Taxation Hearings will be held December 4' 2000, for residents to ask questions about taxes and the 2001 City Budget. Mayor Busho opened the public hearing for comments from the audience. There were no comments. MOTION by Cisewski to close the Public Hearing for 2001 Tax Rate Increase. Second by Caspar. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION AUTHORIZING A TAX RATE INCREASE FOR THE 2000 TAX LEVY, COLLECTIBLE IN 2001. Second by Klassen. Ayes: Edwards, Klassen, Cisewski. Busho, Caspar. Nays: None. Motion curried. Mayor Busho noted the up- coming city meetings and community events. There will be an Open House at the Fire Department on October 17' 2000. MOTION by Edwards to adjourn to a Closed Executive Session in order to discuss a personnel issue with privileged information regarding the review of City Administrator Burt. Second by Klassen. Ayes: Five. Nays: None. Motion carried. Mayor Busho adjourned to the Closed Executive Session at 8:25 p.m. The City Council Agenda Packet is Clerk's File 2000 35. Respectfully submitted, Linda Jentink. City Clerk Recording Secretary 1 1 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Wednesday, October 11, 2000. at 6:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Those present were Mayor Busho and Councilmembers Edwards, Caspar. Cisewski, and Klassen. Also in attendance were City Administrator Burt, Community Development Director Parsons, Finance Director May. City Planner Pearson, Water Resource Engineer Morris and Parks Recreation Director Schultz. Mayor Busho called the meeting to order for the purpose of consideration of an agreement with Minnesota Department of Transportation for improvements to Highway 3. Community Development Director Parsons briefly reviewed the project for Highway 3 south of 145 Street West to County Road 42 and MnDot's requirement to have this agreement requested in resolution form. Staff had prepared a draft resolution for City Council's consideration. MOTION by Klassen to approve A RESOLUTION REQUESTING A COOPERATIVE AGREEMETN PROJECT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPORVEMENTS ON STATE TRUNK HIGHWAY 3 (SOUTH ROBERT TRAIL) BETWEEN 14 1-11 STREET WEST AND COUNTY STATE AID HIGHWAY 42. Second by Busho. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. The meeting was adjourned at 6:35 p.m. ATTEST: Linda J. Jenti City Clerk Respectfully ed, This City Council Agenda Packet is Clerk's File 2000 -37. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 11, 2000 adto"siD, ames Parsons, Community Development Director (Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 17, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 17, 2000, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145' Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Caspar, Klassen and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, City Planner Pearson, Community Development Director Parsons, Human Resources /Communications Coordinator Graff, Sr. Engineer Technician Fremder. and Engineering Consultant Bret Weiss. The meeting was opened with the Pledge of Allegiance. There were no Public Comments or Response to Public Comments. The agenda was adjusted as follows: Additional information was provided for Item 6.1. Evermoor 4 Final Plat and one item was added to New Business, 11.a. Lot Split: Carrousel Plaza South. Consent Agenda MOTION by Edwards to approve the Consent Agenda, Item 6.1. Evermoor 4` Final Plat, with the condition `5. Execution and recording of homeowners' declarations and covenants as approved by the City Attorney." added. Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. a. Minutes of October 3, 2000 Regular City Council Meeting b. Minutes of October 11, 2000 Special City Council Meeting c. Bills Listing d. Expenditure from Donation Account Administration e. Set Meeting Time for November 7, 2000 Regular City Council Meeting f Receive Petition/Order Feasibility Report Carrousel Plaza Street Utility Improvements, City Project 322 g. Payment #6 Final, Biscayne Pointe 2 Addition Street Utility Improvements. City Project 309 h. 2001 Waste .Abatement Community Funding i. Cooperative Agreement with MnDot for Snow Removal j. Completion o Probation k. Safe Sober Program 1. Evermoor 4 Final Plat Lot Split: Carrousel Plaza South City Planner Pearson presented the request of Heritage Development of Minnesota, Inc. to have a lot split to purchase a townhouse development property from Carlson Properties. Carlson would retain ownership of the corner remnant (Outlot A) south of the movie theater. The current zoning is BP -3. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 17, 2000 MOTION by Cisewski to adopt a RESOLUTION APPROVING THE LOT SPLIT FOR OUTLOT A, CARROUSEL PLAZA SOUTH. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. ANNOUNCEMENTS Mayor Busho reported that Koch Refining will have a community open house on October 18, 2000, between 4:00 and 8:00 p.ni. The MVTA meeting will be on October 25 There are two Neighborhood Parks meeting on October 19 for Dallara and Biscayne Parks at the Community Center. Public Hearings must be held at 8:00 p.m., however, an overview and discussion can be held for City Council's benefit with the open public hearing at 8:00 p.m. Councilmember Edwards requested a 16 minute recess. The meeting was reconvened at 8:00 p.m. PUBLIC HEARING: Assessment Hearing for Oakridge Estates Street Utility Improvements, City Project 310 Acting City Engineer Bret Weiss presented the overview for City Project 310. This provides streets and utilities for the Oak Ridge Estates development of 10 lots with the total assessment of $21.824.10 for each lot. The project was completed in July, 2000, with a total project cost of $218,241.00. This will be assessed over a 5 -year period at an interest rate of 6.81 5%. There were no questions or discussion. Mayor Busho opened the public hearing at 8:00 p.m. explaining the procedure. The affidavits of posting and publication were on file with the City Clerk's Office. There was no audience input. MOTION by Busho to Close the Public Hearing for the Assessment Hearing for Oakridge Estates Street Utility Improvements, City Project 310. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. MOTION by Klassen to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR OAK RIDGE ESTATES STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 310. Second by Busho. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. PUBLIC HEARING: Assessment Hearing, Biscayne Pointe 3rd Addition Street Utility Improvements, City Project 313 Acting City Engineer Bret Weiss gave an overview of City Project 313 for the development of Biscayne Pointe 3` Addition with 48 lots assessed at $13,661.38 each and the Maintenance Garage for the State of Minnesota Department of Military Affairs assessed for $111,054.00. The total project cost was $971,054 with the Water Core Fund covering $43,146 and the Sanitary Sewer Core Fund covering $41.621. Municipal State Aid funds will cover $119,487. This will be assessed over a 10 -year period at an interest rate of 6.815 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 17, 2000 Mayor Busho opened the public hearing at 8:02 p.m. The affidavits of posting and publication were on file with the City Clerk's Office. There was no audience input. MOTION by Busho to close the Public Hearing for Assessments, Biscayne Pointe 3 Addition Street Utility Improvements, City Project 313. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION .ADOPTING THE ASSESSMENT ROLL FOR BISCAYNE POINTE 3 ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 313. Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. PUBLIC HEARING: Assessment Hearing, 2000 Bituminous Overlay Improvements, City Project 315 Senior Engineering Technician Fremder gave an overview of City Project 315. Improvements were made to streets at Upper 145 Street and Delft Avenue West. The City paid from Storm Water Utility Funds, $3,996 and the Street CIP funds. $29,870. The remaining $16.080 is assessed to residence at $335 per lot. This amount is to be paid within a one -year period at an interest rate of 8.0 Mayor Busho opened the public hearing at 8:04 p.m.. The affidavits of posting and publication were on file with the City Clerk's Office. There was no audience input. MOTION by Busho to close the Public Hearing for Assessment Hearing, 2000 Bituminous Overlay Improvements, City Project 315. Second by Edwards. Ayes: Five. Nays: None. Motion carved. MOTION by Edwards to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR 2000 BITUMINOUS OVERLAY IMPROVEMENTS, CITY PROJECT 315. Second by Caspar. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. Mayor Busho noted that a resident had called to compliment Mark Fremder, Senior Engineering Technician, who had solved. very professionally, some of the neighborhood concerns with the contractor. The City is very glad to have employees who work this well and "professionally" with both residents and contractors. Mayor Busho thanked Sr. Eng. Fremder. The meeting was adjourned at 8:05 p.m. The City Council Agenda Packet is Clerk's File 2000 39. 3 Respectfully submitted, inda Jentink1,V{ty Clerk Recording Secretary Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 7, 2000, at 8:00 p.m. in the Council Chamber at City Hall, 2875 145 Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Casper. Klassen and Edwards present. Also present were City Administrator Burt, Community Development Director Parsons. Park and Recreation Director Schultz, Police Chief Kalstabakken, and Engineering Consultant Bret Weiss. The meeting was opened with the Pledge of Allegiance. There were no Public Comments or Response to Public Comments. The agenda was adjusted as follows: one item was added to the Consent Agenda, 6.k. Completion of Probation. Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 2000 MOTION by Edwards to approve the Consent Agenda as amended. Second by Casper. Ayes: Five. Nays: None. Motion carried. a. Minutes of October 17. 2000 Regular city council Meetings b. Approval of Bills Listings c. Expenditure from Donation Account Parks Recreation Department d. Amending Assessment Roll for Chippendale Ave. Street Utility Improvements, City Project 290 e. Resignation of a Firefighter f. Livable Communities Act's Local Housing Incentives Program g. Assignment of SKB Environmental Yardwaste Facility to NRG Processing Solutions h. Set Public Hearing. Vacation of Drainage Utility Easement in Carrousel Plaza South, OutlotA i. Execution of Agreement with Minnesota Department of Public Safety, Division of Emergency Management j. Oakridge Estates Lot Split Combination k. Completion of Probation PUBLIC HEARING: East -Side Watermain Improvements, City Project 320 Acting City Engineer Bret Weiss presented the overview for City Project 320. This provides water access for businesses located on the east -side of the city. John Robinson representing Continental Nitrogen requested clarification regarding the watermain project and how it will affect his business. Mayor Busho opened the public hearing at 8:05 p.m. explaining the procedure. The affidavits of posting and publications were on file with the City Clerk's Office. There were no public comments. 1 1 1 MOTION by Edwards to close the Public Hearing for East Side Watermain Improvements City Project 4320. Second by Casper. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE LOOP OPTIO OF THE EASTSIDE WATERMAIN IMPROVEMENTS, CITY PROJECT #320. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Casper, Edwards. Nays: None. Motion carried. MOTION by Edwards TO SET A SPECIAL MEETING TO CANVAS MUNICIPAL ELECTION RESULTS ON Wednesday, NOVEMBER 8, 2000 AT 8:30 A.M. Second by Klassen. Ayes: Five. Nays: None. Motion carried. Mayor Busho announced that City Hall will be closed Friday November 10, 2000 in recognition of Veterans Day. Utility Commission meeting will be November 13, 2000. Planning Commission meetings will be November 14, 2000, Council work session will be November 15. 2000, flu shots will be available at City Hall on November 16. 2000. from 9:00 a.m. to 11:00 a.m. and the next City Council meeting is scheduled for November 21, 2000 at 7:30 p.m. with a possible Port Authority meeting preceding the City Council meeting. The meeting was adjourned at 8:13 p.m. The City Council Agenda Packet is Clerk's File 2000 -40. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 2000 Respectfully submitted, Maryann Stoffel Recording Secretary 1 1 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Wednesday, November 8, 2000, at 8:30 a.m. in the Council Chamber at City Hall, 2875 145` Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Caspar, Klassen and Edwards present. Also present was City Administrator Burt. City Council continued the canvass of the election results to this date since the results were not available at the November 7, regular meeting. The election results show Councilmember Elect Mary Riley and Councilmember Klassen as the newly elected city officials. The votes were as follows: Riley: 3,229; Klassen: 2,588; DeBettignies: 2,436; Caspar: 1,688; and Koelmen: 1,165 and 53 write -in names. MOTION by Edwards to approve A RESOLUTION DECLARING RESULTS OF THE ROSEMOUNT MUNICIPAL ELECTION. Second by Busho. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 8:34 a.m. The City Council Agenda Packet is Clerk's File 2000 41. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 8, 2000 Respectfully submitted, k j'4 t 77 Thomas D. Burt, City Adm. Recording Secretary 1 Pursuant to due call and notice thereof a Committee of the Whole Council Meeting was held on Wednesday. November 15, 2000. at 6:30 p.m. in the Council Chambers. Mayor Busho called the meeting to order with Councilmembers Klassen, Edwards. Casper and Cisewski present. Also in attendance were City Administrator Burt, City Plaimer Pearson, Human Resource /Communication Coordinator Graff, and Code Enforcement Officer O'Bryan. U of M Plan Pulled from agenda at request of the University. The University will reschedule for a future meeting. Code Enforcement Code Changes/Powers Code Enforcement Officer O'Bryan presented proposed changes to the City Code and Zoning Ordinance. 1. Storage and Parking of Recreational Vehicles 4.9. Not allowed to be parked on the street from 2 a.m. to 6 a.m. Setbacks are to be followed as designated by district. With in the "R" district RV's shall not be stored in the front yard. 2. Recreational Vehicle defined. Lists vehicles that are classified as recreational vehicles. 3. Outdoor Storage Keep the same and add construction materials can be stored on property while under construction. Found a definition for Finished and Semi- finished products. Defined construction materials. 4. Woodpiles Changed to limit height. Stack on hard surface or 4" off the ground. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE NOVEMBER 15, 2000 5. Display of Vehicles for sale Add vehicles must be on an approved surface and must belong to the occupant. 6. Setbacks Changed R -1 and R -1 a to 5 feet for parking 7. Parking of truck. truck tractor or semitrailer Combined the two current ordinances together. Does not allow commercial vehicles to be stored or parked in neighborhoods unless, loading, unloading or rendering a service. Defined Commercial vehicle to have a licensed gross of 9,000 lbs. 1 1 Parking All parking must be on a surface of concrete, bituminous. brick pavers or other materials as approved by City Staff. Trailer Parking No parking on the street between 2 a.m. and 6a.m. Commercial Trailer Storage Prohibits storage of trailers in the commercial districts. City Attorney LeFevere will review the changes and put them into Ordinance form for a future council meeting. Commercial Zoning Districts Amendments City Planner Pearson presented the work completed to date on the Commercial Zoning District Amendments. Recently identified issues has resulted this discussion, which could effect more changes: 1. Auto Sales and continuos outdoor display. 2. The need for setbacks from private shared driveways and easements. 3. Driveway standards with intersection spacing in particular. 4. Discussion of the remaining vacant commercial land along CSAH 42. Council members indicated a preference for auto sales with outdoor storage in the C -3 highway Service District implemented in the Highway 3 area near 160th Street and in the vicinity of the CSAH 42 and US 52 intersection. There was also support for the creation of setback standards for private shared driveways and driveway standards as they relate to spacing and intersection proximity. The Council did not suggest any concerns regarding the remaining vacant land in the commercial districts adjacent to CSAH 42. Comprehensive Plan Implementation Rezoning% Employee Assistance Program ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE NOVEMBER 15, 2000 City Planner Pearson discussed the proposed rezonings including all of the future MUSA land to Akron Ave. and the 640 acres north of 135th Street West. The Council determined that only the land currently within the MUSA should be rezoned to R -I, Low Density Residential. Council discussed the proposal brought by Administration regarding adding an Employee Assistance Plan (EAP) to the array of benefits currently being offered by the City. After reviewing the information. Council believed that the EAP was a duplication of services that, in part, are already covered under the employee health insurance plan. The Council would like 1 1 1 Administration to discuss adding EAP type services with Blue Cross Blue Shield of Minnesota during the next contract negotiations. Electric Franchise Agreement City Administrator Burt presented the proposed franchise agreement to the City Council identifying the area that needed Council direction was on if the City Council would like to have staff continue to negotiate language that would allow for an electrical franchise fee. The consensus of the Council was the agreement should allow for a franchise fee and staff was directed to prepare more information for a possible franchise fee. The worksession adjoumed at 10:00 p.m. The City Council's Agenda packet is Clerk's File 2000 -42. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE NOVEMBER 15, 2000 Respectfully submitted, Thomas D. Burt, dm. ty Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 21. 2000, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145 Street West. Mayor Busho called the meeting to order with Council Members Cisewski. Caspar, and Edwards present. Councilmember Klassen was absent. Also present were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons. Parks and Recreation Director Schultz, and Engineering Consultant Bret Weiss. The meeting was opened with the Pledge of Allegiance. There were no Public Comments or Response to Public Continents. There were no changes to the agenda. City Clerk Jentink asked for direction on liquor license renewals and was directed to get a report of police activity with each establishment for the past year for consideration. Consent Agenda MOTION by Edwards to approve the Consent Agenda. Second by Caspar. Ayes: Four. Nays: None. Motion carried. a. Minutes of November 7, 2000 Regular City Council Meeting b. Minutes of October 11, 2000 Committee of the Whole Work Session c. Approval of Bills Listing d. Accept Tort Liability Insurance Limits e. 10 -Year Capital Improvement Plan Working Program f. Agreement for Credit Card Payments g. Order Feasibility Report Dodd Court Reconstruction, City Project 323 h. Order Feasibility Report Section 31 Trunk Sewer Improvements, Phase 2, City Project 324 i. Order Feasibility Report South Rose Park Area Improvements, City Project 325 j. Order Feasibility Report 2001 Street Utility Reconstruction, (Dodd Blvd. Phase 2) City Project 326 k. Resignation of Building Maintenance Worker 1. Tennination of Employee (Fire Department) m. Associated Wood Products Development Agreement n. Lot Split, RCD Real Estate o. Budget Amendments Set Dates for Public Works Director Interviews ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 2000 City Administrator Burt has had preliminary interviews with four applicants for the Public Works Director position, with one more to interview whom lives out -of- state. That candidate will not he available until after December 11, 2000. There are two qualified candidates at this time. Mayor Busho and Councilmember Caspar indicated they will not be available until after December 1e. Council consensus was to have City Administrator Burt choose three dates and advise council. Announcements Mayor Busho noted that a Tree Lighting ceremony would be held on Saturday, November 25 at 6:00 p.m. at Central Park. The Aggregate Group will meet Wednesday. November 29 The Truth 1 1 and Taxation Public Hearing will be on December 4 at 6:30 p.m. and if continued, on December 1 l also at 6:30 p.m. Public Hearing Time Councilmember Edwards noted that holding the public hearing at 8:00 p.m. is not always time effective. The City Attorney and staff were directed to change the public hearing start time to "7:30 p.m. or as soon there after as possible," with consensus of the City Council. PUBLIC HEARING: Vacation of Drainage Utility Easement in Carrousel Plaza South, Outlot A Acting City Engineer Bret Weiss presented the overview for the vacation of a drainage and utility easement in Carrousel Plaza South, Outlot A. This easement is the southerly 30 feet of Outlot A, beginning at the southwest comer then east a distance of approximately 585.08 feet. This was originally designed for a street access onto Chippendale, which was not used in the current development. Carrousel Plaza South. This will be replaced by a modified easement for public purpose that will be incorporated with the development plat. A seven- minute recess was called. Mayor Busho opened the public hearing at 8:00 p.m. explaining the procedure. The affidavits of posting and publications were on file with the City Clerk's Office. There were no public comments. MOTION by Busho to close the Public Hearing for the Vacation of Drainage Utility Easement in Carrousel Plaza South, Outlot A. Second by Caspar. Ayes: Four. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMENT VACATION ON THE CARROUSEL PLAZA SOUTH PLAT, OUTLOT A. Second by Caspar. Ayes: Caspar, Edwards, Cisewski, Busho. Nays: None. Motion carried. The meeting was adjourned at 8:05 p.m. The City Council Agenda Packet is Clerk's File 2000 -43. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 2000 Respectfully submitted, o Linda Jentink, 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 4, 2000 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Monday, December 4, 2000, at 6:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Klassen, Caspar, and Edwards. Councilmember Cisewski was absent. Also in attendance were City Administrator Burt, Community Development Director Parsons, Parks Recreation Director Schultz, Police Chief Kalstabakken, and Finance Director May. Mayor Busho welcomed everyone. Busho noted the informational brochure for residents that explains budget expenditures and services. All city departments were represented for clarification questions. City Administrator Burt will give an overview, and then the public hearing will be open for audience input. Comments are welcome. City Administrator Burt presented the 2001 operating budget for the City of Rosemount. Burt displayed a Dakota County Proposed Tax Statement explaining various numbers. Many residents will see increases in their market value of their home. This is established by Dakota County and discussion on that will not be held at the city level. Residents with concerns for their market value need to contact the Dakota County Auditor's Office. Burt explained that the tax capacity has changed over the past five years due to a shift made by the Minnesota Legislature. Shifted tax capacity rates have changed where the tax dollars are being spent between the City, County, School District. and Special Districts This shift put a larger burden on the single family homes. Rosemount's tax capacity is going down. The steady growth of about 300 people per year, plus several new commercial businesses has kept the increase in taxes very low. Keith Bester, 1697 145 Street East, asked about the affect that the proposed University development would have on city taxes. City Administrator Burt explained that the taxes coming from those leasing land from the University was very small, probably under $2,000. Much of the University land is in Empire, not Rosemount. Councilmember Edwards noted that the city has very little control over the University property because it is a Land Grant University which does not have to follow city or state rules. Councilmember Caspar noted that the University is the top agricultural university in the country and it wants to use this land resource in Rosemount to further agricultural interests. It does not plan to have its land reclaimed by the City of Rosemount. Steve Folly. 15677 Crystal Path, asked why the city portion of the taxes are the highest for a city in Dakota County. City Administrator Burt noted that the City of Rosemount follows Hastings as the second highest city portion of taxes. Rosemount has not levied to their full capacity as other cities have. Rosemount has been keeping within the market growth and has currently added more commercial. The residential growth requires added services such as police, snow plowing, added utilities and streets, and parks. So, expenses are up until commercial growth can catch up. 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 4, 2000 Councilmember Edwards asked City Administrator Burt to make a comparison to land locked cities versus growing cities. Burt noted that once a city has developed all their land, the taxes level off and it is very hard to get additional funds. Some cities such as Bloomington have decided not to plow snow at two inches (which Rosemount does), but wait until there are three or four inches of snow. Minneapolis has chosen not to cut grass in all the parks as before to save tax money. People expect more services, not less. However, they don't wish to pay more in taxes. Councilmember Edwards explained that City Council has had work session retreats to determine mission statements on how to help Rosemount grow. govern and keep its quality of life in balance. It is a struggle to keep taxes low and provide services that people expect. Finance Director May noted that the total taxes that Rosemount residents pay (City County School District) is 39 in the metro county area. Rosemount is one of the largest land area cities, with 36 square miles. The city portion is high now, but the slow steady growth has kept us at a reasonable tax capacity rate. Mayor Busho has talked to many new residents. They want the growth stopped in Rosemount because they like it the way it is. But, they want to be able to have close retail /commercial areas and jobs. This balance (if possible) is very hard to maintain within the budget. Busho complimented staff on the great job they have done on keeping expenses down. City Administrator Burt said that Metropolitan Council has held back development with the sewer availability. And with the large land ownership of Koch Refining and the University of Minnesota Rosemount has been able to keep development slow. MOTION by Edwards to close the public hearing on the 2001 Budget and Levy Presentation and Truth in Taxation Hearing. Second by Caspar. Ayes: Klassen, Busho, Caspar, Edwards. Nays: None. Motion carried. Since the public hearing was closed and the public was given ample opportunity to speak, the meeting will not have to be continued to December 1 1' as arranged. The actual 2001 budget will be presented for City Council approval at its December 5 2000, regular City Council meeting. Mayor Busho adjoumed the meeting at 7:17 p.m. The City Council Agenda Packet is Clerk's File 2000 -44. Respectfully submitted, Linda Jentink, Ci Clerk 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 5, 2000. 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 Klassen, Cisewski, Caspar. and Edwards. Also in attendance were City Administrator Burt, Community Development Director Parsons. Parks Recreation Director Schultz, Police Chief Kalstabakken, and Finance Director May. Mayor Busho opened the meeting with the Pledge of Allegiance. There were no public conmhents or response to public comment. Councilmember Klassen pulled Consent Agenda Items 6.h 2001 Non -Union Employee Salary Adjustment and 6.k. Operations Coordinator to be discussed at a work session in January. Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2000 MOTION by Edwards to approve the Consent Agenda with the removal of Items 6.h 2001 Non Union Employee Salary Adjustment and 6.k. Operations Coordinator to be discussed at a work session in January. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar. Edwards. Nays: None. Motion carried. a. Minutes of November 21, 2000 Regular City Council Meeting b. Minutes of November 15, 2000 Committee of the Whole c. Minutes of November 8, 2000 Special Meeting d. Bills Listing e. Donation .Account Expenditure for Fire Department f. 2001 Budget: Setting 2001 Levies Budget (if Truth Taxation Hearing not cont'd) g. Tree City USA Application for Recertification h. 2001 Non -Union Employee Salary Adjustment(PULLED FOR DISCUSSION) i. Authoring to Issue Citations for City Code Enforcement j. 2001 Liquor License Renewals k. Operations Coordinator (PULLED FOR DISCUSSION) Proposal for Audit Services Finance Director May reviewed the two letters of recommendation for the auditor services of Virchow, Krause Company (VKC) for the year 2000. The City of Rosemount has used the firm of Boeckemrann, Heinen Mayer to audit accounts for 18 years. Their Board has recently decided that they will discontinue their governmental audit sen•ices. VKC is a larger fimh with more staff specializing in govenmhent accounts. New reporting requirements by the state will increase the reports needed by the City. VKC already is used by the City as a consultant for the accounting software. VKC has agreed to the same rate of pay with a 3% increase for 2001. Mayor Busho noted that the GFOA Award for Finance should he a high priority. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2000 MOTION by Edwards to allow staff to take the necessary steps to retain the services of Virchow. Krause Company for the year 2000 audit services. Second by Klassen. Ayes: Cisewski, Busho, Caspar. Edwards, Klassen. Nays: None. Motion carried. Announcements December 8 Jam the Gym; December 11 —No Utilities Commission Meeting; December 12 Planning Commission; December 13 —No Committee of the Whole Work Session: December 19 D.A.R.E. Graduation at St. Joseph's School am; December 19 No Port Authority Meeting, and December 19 Reg. City Council Meeting. The warming house at the Rosemount Middle School was torn down after about 50 years of service. A temporary trailer will be rented for the two months the ice is in. There ale warming houses at Jaycee Park. Central Park. and Rosemount Middle School. City Administrator Burt noted that there is only one candidate for the Public Works Director position. The consensus of the City Council was to wait until more candidates have applied to hold interviews. Public Hearing: On -Sale Malt Liquor License for Pizza Hut, 15065 Canada Avenue West by Sky Ventures, LLC. Mayor Busho opened the public hearing for Sky Ventures, LLC On -Sale Malt Liquor license for Pizza Hut at 15065 Canada Avenue West. The affidavits of posted and published notice were on file with the City Clerk's Office. City Clerk Jentink presented the request from Sky Ventures, LLC for a on -sale Malt Liquor License for the Pizza Hut restaurant in Rosemount. Sky Ventures, LLC purchased the franchise on November 21, 2000. All the required forts. fees. and insurance required with the liquor application have been received. Police Chief Kalstabakken did background checks on the corporation and did not find any reason for denial. This will not increase the number of liquor licenses in Rosemount. The one held by Pizza Hut formerly will now be held by Sky Ventures, LLC. There was no one present for public comments. MOTION by Edwards to close the Public Hearing for the On -Sale Malt Liquor License for Pizza Hut at 15065 Canada Avenue West by Sky Ventures. LLC. Second by Caspar. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to approve an On -Sale 3.2 Malt Liquor License for Sky Ventures, LLC at the Pizza Hut Restaurant at 15065 Canada Avenue West. Second by Klassen. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 7:53 p.m. 1 1 The City Council Agenda Packet is Clerk's File 2000 -45. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2000 Respectfully submitted, Linda Jentink, 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, December 19. 2000, 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 Klassen, Cisewski, Caspar, and Edwards. Also in attendance were City Administrator Burt. City Attorney LeFevere, Community Development Director Parsons, Parks Recreation Director Schultz, Police Chief Kalstabakken, and Engineering Consultant Weiss. Mayor Busho opened the meeting with the Pledge of Allegiance led by Police Chief Kalstabakken. There were no public comments or response to public comment. Additional information was submitted to City Council for item 8.a. Comprehensive Plan Implementation Rezonings. It was a letter from Attorney Hansen representing property owners Edward B. McMenomy, Sr. and Samuel H. Hertogs. Two items were asked to be added to the Consent Agenda. Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 2000 Councilmember Cisewski pulled Consent Agenda Item 6.k. Award Bid for Painting Sculpture for clarification and Councilmember Edwards pulled 6.m. Receiving the Feasibility Report /Set Public Hearing for Improvements to Trunk Highway 3 from 145th Street to CSAH 42. City Project 318 for discussion. Two items were added to the Consent Agenda, 6.n. Alcohol Compliance Check Grant and 6.o. M.W.. Jolurson%Oakridge Estates Common Boundary Line Relocation. MOTION by Edwards to approve the Consent Agenda with the addition of 6.n. Alcohol Compliance Check Grant and 6.o. M.W. Jolutson'Oakridge Estates Common Boundary Line Relocation and the removal of Item 6.k. Award Bid for Painting Sculpture for clarification and 6.m. Receiving the Feasibility Report/Set Public Hearing for Improvements to Trunk Highway 3 from 145th Street to CSAH 42, City Project 318 for discussion. Second by Caspar. Ayes: Caspar, Edwards, Klassen, Cisewski, 13usho. Nays: None. Motion carried. a. Minutes of December 5, 2000 Regular City Council Meeting b. Minutes of December 4, 2000 Special Meeting for Truth in Taxation Public Hearing c. Bills Listing d. Donation Account Expenditure Equipment Funds for Police Dept. e. Donation .Account Expenditure Equipment Funds for Parks Recreation Dept. f. Budget Amendments g. Payment 46 and Final, Wensmann 12` Addition, Street and Utility Construction, City Project 287 h. Payment #6 and Final, McNamara Addition Phase 2, Street Utility Construction Appurtenant Work, City Project 304 i. 'Mineral Extraction Permit Renewal for Shafer j. Mineral Extraction Permit Renewal for Damier k. Award Bid for Painting Sculpture (PULLED FOR DISCUSSION) I. Buckthorn Pond Administrative Plat 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 2000 m. Receiving the Feasibility Report/Set Public Hearing for Improvements to Trunk Highway 3 from 145 Street to CSAH 42, City Project 318 i PULLED FOR DISCUSSION) n. Alcohol Compliance Check Grant (Add -on) o. M.W. Johnson'Oakridge Estates Common Boundary Line Relocation (Add -on) Councilmember Cisewski requested Consent Agenda Item 6.k. Award Bid for Painting Sculpture be pulled for clarification. Cisewski noted that the sculpture next to MeDivot's Pub has been in need of repair and paint. After extensive research into changing the color to a copper, bronze or metallic painted color. it was determined by experts that type of color could not be accomplished outdoors on that large of a structure. The Parks Si: Recreation staff agreed to have it painted the original color which is a deep reddish orange. Councilmember Klassen applauded that choice to preserve the original piece of art and maintain its integrity. Sculptures similar to this one can be seen in Washington D.C. at the Smithsonian Museum. MOTION by Cisewski to approve choosing option #2 for painting the sculpture and accepting a bid price of 56,400 from Champion Coatings, Inc. to paint the sculpture. Second by Klassen. Ayes: Edwards, Klassen. Cisewski, Busho, Caspar. Nays: None. Motion carried. Councilmember Edwards requested that City Project 318 be divided into two projects, one including only the assessed properties and one with the remainder of the project. Attorney LeFevere recommended as follows. "If the council wishes to limit the scope of the hearing to discussion of only that part of the project that will he assessed, it could divide the project into two parts and conduct chapter 429 proceedings only on that part of the project that will he assessed. Otherwise, I believe that anyone who wished to participate in the hearing would have a right to testify on any aspect of the project that is being financed, at least in part. through special assessments." Edwards said the Port Authority had recommended this as well at its last meeting. City Administrator Burt noted that there will be additional costs for the changes that will be needed to the separate the feasibility report and create two projects. Council agreed to wait for a staff report on additional costs. MOTION by Edwards to table the Receiving Feasibility Report/Set Public Hearing for Improvements to Trunk Highway 3 from 145 Street to CSAH 42, City Project 318 until staff can report hack with cost estimates for dividing the project. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Public Hearing: Vacation of Drainage Utility Easement in Evermoor 2 Addition, Outlot B Mayor Busho opened the public hearing for Vacation of Drainage Utility Easement in Evermoor 2 Addition, Outlot B. The affidavits of posted and published notice were on file with the City Clerk's Office. Acting City Engineer Weiss presented the request for the vacation of an existing drainage and utility 1 1 easement on Outlot B of Evermoor 2 11d Addition. Because the easement was dedicated for public use (drainage utilities), a public hearing was required to vacate it. A monument and fence is planned with a landscaped screened utility building. MOTION by Caspar to close the Public Hearing for the Vacation of Drainage Utility Easement in Evennoor 2 I d Addition, Outlot B.. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMENT VACATION ON THE EVERMOOR 2 ADDITION PLAT, OUTLOT B. Second by Caspar. Ayes: Busho, Caspar, Edwards. Klassen. Cisewski. Nays: None. Motion carried. Comprehensive Plan Implementation Rezonings Fee Resolution for 2001 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 2000 Community Development Director Parsons presented the rezonings for specific land in the Metropolitan Urban Service Area (MUSA) which is east of Highway 3 as designated by the neap in the Clerk's File 2000 -46. These rezonings are consistent with the 2020 Comprehensive Guide Plan. The Planning Commission held a public hearing on December 12, 2 000. Some established businesses thought this would render their property non condoning. however that was not the case. Their new zoning would be consistent with their use. Attorney Reid Hansen explained his concerns regarding the McMenom /I lertogs property and the Public /Institutional zoning. Staff suggested that an application to amend the Comprehensive Plan would initiate the appropriate process to change the land use. The Planting Commission recommended proceeding with the rezoning as compliance with the 2020 Comprehensive Plan. Councilmember Edwards requested a review of the 18 month process and the lobbying efforts by the Mayor and a Councilmember. City Administrator Burt noted the public meetings that were taken to different locations in Rosemount to get as much resident in -put as possible. Councilmember Klassen noted that to change the zoning now would be contrary to the whole process and she viewed this as a "house keeping function" caused by Metropolitan Council's approval of the 2020 Comprehensive P lan. MOTION by Cisewski to adopt AN ORDINANCE AMENDING ORDINACNE B. CITY OF ROSEMOUNT ZONING ORDINANCE to rezone the listed properties in conformance with the Comprehensive Plan. Second by Klassen. Ayes: Caspar. Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. City Clerk Jentink presented the 2001 Fee Resolution for annual review and updates. Staff had made noted changes. Water. Sanitary Sewer and Storm Water Utility and Capital Charges were increased per the Utility Commission. These fees would be used for the next four years. The Metro SAC Charge increased S50. The City SAC and WAC charges for developments increased 3% as per the Rate Study. Assessment reconstruction projects were increased 2.6 Park facilities rental fees were increased slightly. ice arena fees remained that same. Park Dedication fees were increased due to 1 1 rising land values. The State of Minnesota Dept. of Safety recommended a fine for a penalty for alcohol compliance check failure of up to $2,000. Staff recommended this fine be set at 1.000 with an ordinance amendment to follow. MOTION by Edwards to approve A RESOLUTION ESTABLISHING RATES AND FEES FOR 2001. Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Mot carried. Dakota County Drug Task Force Joint Powers Agreement ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 2000 Police Chief Kalstabakken requested participation of the Police Department in the Dakota County Drug Task Force. The Task Force operates under a Joint Powers Agreement which staff recommends City Council approve. City Attorney LeFevere reviewed the document and made suggestions for clarification. Some of the changes were agreed upon, some were not. Chief Kalstabakken noted that the Drug Task Force has worked with several different organizations successfully for many years and they don't see the need for major changes in the Agreement. MOTION by Caspar to approve the execution of a Joint Powers Agreement to participate in the Dakota County Drug Task Force. Second by Cisewski. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Essential Services Conditional Use Permit: Administrative Plat in Evermoor 2 Addition Community Development Director Parsons reviewed the application of Evermoor's developer, Contractor Property Developers Company (CPDC) to build a 450 sq. ft. building east of Shannon Parkway to function as a service center for telephone, Internet and potentially, video service. It would be a fiber optics hub where satellite antennas will receive signals that would be distributed throughout the development. This structure would be treated much like the well house on Shannon Parkway, landscaping and a monument sign will help to blend the building in with the surrounding residential uses. The administrative plat is needed to create a renmant outlot for the structure. This administrative plat converts the outlot into a combination of an outlot and the essential services lot which will be called Evermoor 5 Addition. Council stressed concerns for satellite dishes and antennas and therefore developed a condition to be added to the Conditional Use Permit resolution: to be added to the end of the "NOW, THEREFORE, BE IT RESOLVED paragraph and subject to the condition that no exterior antennas or satellite dishes are permitted without an amendment to these CUP conditions. Craig Rapp, architect for CPDC, explained the materials proposed for the structure and answered clarification questions from City Council. Rapp noted that people are planning to move into homes in 60 to 85 days and the telephone services is needed. Rapp requested that the satellite issue be taken off the table in order to move the remainder of the request forward. He indicated they are willing to comply with all city ordinances and ha further discussion. City Administrator Burt noted that the use of the building is not under consideration at this time. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 2000 MOTION by Cisewski to adopt A RESOLUTION APPROVING THE ADMINISTRATIVE PLAT FOR EVERMOOR FIFTH ADDITION. Second by Busho. Ayes: Edwards. Klassen. Cisewski, Busho, Caspar. Nays: None. Motion carried. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR CONTRACTOR PROPERTY DEVELOPERS COMPANY as amended for the essential service buildine. Second by Caspar. Councilmember Edwards noted majority rights under the rule. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. ANNOUNCEMENTS Mayor Busho wished congratulations to Officer Mark Robideau for the D.A.R.E. graduation. It is commendable to have our youth learn how to cope better in our society. Officer Robideau was thanked for his efforts. Out -going Councilmember Jeff Caspar thanked all city workers, staff, boards, and councilmembers. Many good things were accomplished in Rosemount over the past few years. Caspar listed these accomplishments: removal of Roy's Sports Center, removal of the Quonset Hut on CR 42, addition of Central Park and the Veteran's Memorial, the Koch Minnesota Trail. and the coming Cub Foods and other business park companies. The most notable accomplishment was the planning and completion of the Rosemount Business Park. Caspar was proud of how the Port Authority, City Council, and Planning Commission acted well together, in a civil manner, by putting the welfare of Rosemount up front. Mayor Busho presented Councilmember Caspar with a plaque of appreciation for his commitment and dedication to the City of Rosemount. Mayor Busho adjourned the meeting at 8:55 p.m. The City Council Agenda Packet is Clerk's File 2000 -46. 5 Respectfully submitted, Linda Jentink, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 2. 2001, 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 Klassen, Cisewski, Riley, and Edwards. A favor Busho administered the Oath of Office for Councilmembers Riley and Klassen prior to the meeting. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planter Pearson, Parks Recreation Director Schultz, Police Chief Kalstabakken, and Engineering Consultant Hutton. Mayor Busho opened the meeting with the Pledge of Allegiance. There were no public comments or response to public comment. There were no additions to the agenda. Consent Agenda Councilmember Cisewski pulled Consent Agenda Item 6.i. Evermoor Parkway Minor PUD Amendment for discussion and Councilmember Klassen noted that for 6.t. Designation of Official Newspaper she will abstain from the Consent Agenda vote because she writes a youth column for one of the newspapers which could be construed as a conflict of interest. MOTION by Edwards to approve the Consent Agenda removing Item 6.i. Ev ermoor Parkway Minor PUD .Amendment for discussion. Second by Cisewski. Ayes: Klassen(not included in 6.f.), Cisewski, Busho, Riley. Edwards. Nays: None. Motion carried. a. Minutes of December 19, 2000, Regular City Council Meeting b. Bills Listing c. Joint Powers Agreement for 2001 Traffic Markings, Cracksealing Sealcoating d. Naming Depositories and Financial Institutions e. Appointment of Weed Inspector f. Designation of Official Newspaper g. Appointment of Acting Mayor h. Receipt of Variance .Appeal. 12355 Blanca Avenue and Set Public Hearing i. Evermoor Parkway Minor PUD Amendment (PULLED FOR DISCUSSION) j. Resignation of Parks and Recreation Part -Time Receptionist Councilmember Cisewski asked. "Why was City Council being presented with so many amendments to the Evermoor Development regarding Consent Agenda Item 6.i. Evermoor Parkway Minor PUD Amendment Cisewski noted she was not against this amendment, but wondered about the frequency that amendments are before the City Council. City Planner Pearson said this was a housekeeping matter and that although this issue was discussed earlier. it was not noted as a condition within the Planned Unit Development (PUD). However, the developer agreed that it had been discussed clearly prior to the signing of the PUD and would like it added as soon as possible. The issue being the driveway locations and configuration to homes on Evermoor Parkway. The request would allow encroachment of the driveway into the 5- foot(garage) side yard setbacks and ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 2001 drainage and utility easements to within 2 feet of the property line. Planning Commission and staff feel that a turnaround is needed to provide an alternative for vehicles backing onto Evermoor Parkway. The builder was not aware of this expectation by the city due to lack of communication of the developer and since it had not been stated in the conditions of the PUD. Nine homes had been issued building permits without a turnaround. Because this variance does not involve variances to buildings or changing the mix or style of housing. it is considered a minor amendment and only needs City Council approval. Pearson also noted that there were no underground pipes or utilities in these sideyard setbacks and easements. it only accommodates surface water runoff. Pearson said the driveways would not have any significant affect on the water runoff. City Administrator Burt noted that the City could not hold the builder responsible for homes already started because it was not in the PUD. However, since safety is the main issue, Council has the authority to make this PUD amendment to change driveway configuration for some of the remaining homes. Mayor Busho has received phone calls from those who do not want any more driveways on Shannon Parkway as well. Councilmember Edwards suggested a compromise, where the house almost completed would be relieved of the turnaround requirement. the eight homes already started would be granted the setback reduction. The remaining unsold lots will be required to have the turnaround and no variances granted. Council consensus was that there should not he any zero lot line building allowed. MOTION by Edwards to adopt a resolution approving the Administrative Minor PUD Amendment to Evennoor to allow the nine properties with building permits to proceed. to negotiate with the eight properties that have not received but have submitted building permit applications, and apply the condition requiring hammerhead driveways on the stain streets of Evermoor to the remaining lots; and authorizing the execution of a PUD Amendment Agreement. Second by Cisewski. Discussion ensued. Mayor Busho requested a friendly amendment to state that the encroachments must allow a minimum of 2 feet from the lot line. The motion maker Edwards agreed. Motion second Cisewski agreed. City Attorney LeFevere suggested that the PUD Amendment needs some language re- worked and that a draft PUD Amendment could be presented to the developer and returned to City Council for review. Motion maker Edwards agreed. Motion second Cisewski agreed. The motion was changed as follows: MOTION by Edwards to adopt a resolution approving the Administrative Minor PUD Amendment to Evermoor to allow the six properties with building permits to proceed, to negotiate with the six properties that have not received but have submitted building permit applications, and apply the condition requiring hammerhead driveways on the main streets of Evermoor to the remaining lots. and the encroachments must allow a minimum of 2 feet from the lot line. The draft PUD Amendment will be further reviewed by City Council. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. 2 Accept Feasibility Report, Set Public Hearing for Improvements to Trunk Highway 3 from 145" Street to CSAH 42, City Project 318 Engineer Dave Hutton from WSB Engineering presented an overview of City Project 318. City Administrator Burt noted that the brick pavers, ornamental trees. and parking study have been removed from the presented draft dated December 27, 2000. This feasibility report was requested to be divided into two reports. one for assessments. one without. Staff needs further direction on the ponding issue and on the feasibility report. Councilmember Cisewski was on the Downtown Scoping Committee and the trees and decorative brick were at the center of the project. Cisewski did not want to see these removed from the plan and requested that the draft feasibility report dated November 21, 2000 be used. Councilmember Klassen agreed and stated that two reports were not necessary. Klassen requested that staff set the public hearing on February 6 2001. The project includes street improvements, curb and gutter, water and sewer improvements, lighting, trees, and brick pavers. Only 9% of the project is being assessed to property owners. MOTION by Edwards to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT dated November 21. 2000 and SET PUBLIC HEARING FOR IMPROVEMENTS TO TRUNK HWY 3 FROM 145 STREET TO CSAH 42, CITY PROJECT 318. Second by Klassen. Ayes: Busho, Riley, Edwards, Klassen, C'isewski. Nays: None. Motion carried. ANNOUNCEMENTS Mayor Busho noted the regular upcoming meetings and the Aggregate Task Force Meeting January 3, at 7 p.m. Parks Recreation Director Schultz noted that the Winter Fun Day including a dog sled demonstration has changed its registration process to a call -in registration. The Parks Recreation Dept. will start to take credit cards for payment of registrations this month. Public input is welcomed for the Mississippi River development on January 25 at 7:30 p.m. in Hastings. Mayor Busho adjourned the meeting at 8:23 p.m. The City Council Agenda Packet is Clerk's File 2001 -01. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 2001 Respectfully submitted, t Linda Jentink, City Clerk 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 16, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. January 16, 2001, at 7:30 p.m. in the Council Chambers at City Ball. 2875 145th Street West. Mayor Busho called the meeting to order with Councihnembers Klassen. Cisewski. Riley, and Edwards present. Also in attendance were City Administrator Burt. City Attorney LeFevere, Human Resources /Communication Coordinator Graff, Community Development Director Parsons. Parks Recreation Director Schultz, Police Chief Kalstabakken, and Engineering Consultant Weiss. Mayor Busho opened the meeting with the Pledge of Allegiance. There were no public comments or response to public comment. Additional information was received on the results of the bid tabulations for Item 8.a. Award Bid for Stage and Bandshell. Recognition of First State Bank of Rosemount Parks Recreation Director Schultz presented Dave and Barb Tombs of the First State Bank of Rosemount with a plaque of appreciation for the many donations of money and participation in community events. Councilmember Klassen noted the First State Bank of Rosemount was the primary supporter of Teen Night held ten times a year. Last week the event had 281 teens participate. Mayor Busho applauded First State Bank for their generosity with the Fire Department, Police Department. and Parks and Recreation Department. Councilmember Cisewski thanked First State Bank for their donation of the picnic structure in Central Park. Mr. Toombs continued the fact that they have been in business for 91 years and they were honored to accept the plaque. Director Schultz also mentioned their participation in D.A.R.E. and summer Safety Camp. Consent Agenda Councilmember Cisewski pulled Consent Agenda Item 6.f. Mineral Extraction Permit Renewal Solberg .Aggregate Co. /Koch Refining Group for discussion and Councilmember Klassen pulled 6.g. Linder's Flower mart Seasonal Permit Renewal. MOTION by Edwards to approve the Consent Agenda removing Item 6.11 Mineral Extraction Permit Renewal Solberg Aggregate Co./Koch Reining Group and 6.g. Linder's Flower Mart Seasonal Permit Renewal for discussion. Second by Cisewski. Ayes: Busho, Riley. Edwards, Klassen, Cisewski. Nays: None. Motion carried. a. Minutes of January 2, 2001, Regular City Council Meeting b. Bills Listing c. Expenditure from Donation Account Administration d. Transfer /Loan Flexible Spending Account e. On -Sale Liquor License on Public Premise f Mineral Extraction Permit Renewal Solberg Aggregate Co./ Koch Refining Group (removed for discussion) Linder's Flower Mart Seasonal Permit Renewal (removed for discussion) g. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 16, 2001 h. Non -Union Salaries for Year 2001 i. Operations Coordinator Position j. Set Special Meeting for City Council on January 27, 2001 k. Payment No. 7 and Final for Conley Ave. Improvements, City Project 303 1. Order Feasibility Report Marcotte Pond Forcemain Improvements. C.Proj. 329 m. Order Feasibility Report Hawkins Pond Lift Station Forcemain, C. Project 328 n. 2001 Solid Waste Hauler Licenses Item 6.f. Mineral Extraction Permit Renewal Solberg Aggregate Co./Koch Refining Group Counciltnember Klassen noted that the mining moratorium is still in effect so that any changes to grading would not be acceptable at this time. The renewal of the mineral extraction permit is acceptable. Mr. Loren Howard was present to note that the grading change is for closure of the mining operation. Koch Refining has given Howard notice that the pit will close in 2003. The changed grading plan would allow a better end use of the land. Attorney LeFevere noted that Exhibit A would contain the phasing plan and the conditions would remain the same (thus removing the proposed grading plan changes.) Mayor Busho noted that further discussion on mineral extraction would conclude in March. 2001. MOTION by Klassen to approve the mineral extraction permit renewal for Solberg Aggregate Co., Inc. located on the Koch Refinery property subject to the attached conditions for 2001. Second by Busho. Ayes: Riley, Edwards, Klassen, Cisewski. Busho. Nays: None. Motion carried. Linder's Flower Mart Seasonal Permit Councilmember Klassen stated she was against Linder's locating in Rosemount at peak season without benefit of a vendor's license or a permanent Rosemount address to compete with already established businesses in Rosemount. MOTION by Cisewski to approve the request for Linder's Flower Mart to operate at Rosemount Market Square for the period starting April 15 to July 7, 2001. Second by Riley. Ayes: Cisewski, Busho, Riley. Nays: Edwards, Klassen. Motion carried. Aw ard Bid for Stage and Bandshell Parks Recreation Director Schultz presented photos of the proposed hand shell structure and installation infomtation. This idea began in 1991 with the resident committee for Erickson Community Master Plan. The grading for a grass amphitheater was completed last year and entertainment for Leprechaun Days was done in that area with very positive results. There has been overwhelming response by local groups to use this proposed Bandshell. The exterior design would match the design of the Central Park shelter using green shingles and treated wood. The stage will be 54 feet wide by 33 feet deep and be elevated 36 inches. The two bids received are from Miracle Recreation for the Bandshell structure and installation 2 1 and Nadeua Utility. Inc. for the site excavation and concrete stage. Staff recommends approving these bids minus the ramp for the amount of S142,985. MOTION by Klassen to approve the bids for the bandshell, installation, excavation of the site, and construction of the concrete stage in the amount of $142,985. Second by Busho. Ayes: Klassen, Cisewski, Busho. Riley. Edwards. Nays: None. Motion carried. Councilmember Klassen commended the visioning process, in -put from businesses, residents, staff, and many organizations to bring this project to completion. The city's good Capital Improvement Process also made this possible. Congratulations to all. ANNOUNCEMENTS Mayor Busho adjourned the meeting at 8:13 p.m. The City Council Agenda Packet is Clerk's File 2001 -03. Mayor Busho noted the successful Snow Fun Day last Sunday. Snow shoeing and dog sled rides were available. Busho also thank local reporters for their coverage of this event. Councilmember Klassen reported that the annual Career Day at Rosemount Middle School demonstrated interest from local business and city hall staff who spoke about their professions. This was well received and Klassen thanked staff for their participation. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 16, 2001 Respectfully submitted, Linda Jentink, City Clerk 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Saturday. January 27. at 9:00 a.m. at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Klassen, Cisewski, Riley, and Edwards. Also in attendance was C''ity Administrator Burt. Mayor Busho opened the meeting by reviewing the purpose, which was to review the vision and mission statement and to discuss the 2001 work plan. Items Completed Items In Progress Adopt Commercial Enhancement Plan Funding from Bloomfield used elsewhere in city Code Enforcement Official hired Hiring of Community Development Director Council Liaisons to Commissions (working well) East side Sewer Water Plan Debt Management Plan Items still to be addressed from 2001 plan: Street width policy Monument signs Sign ordinance North Central sewer survey* Comprehensive guide Plan for urban residential streets *hold these item until after a public works director is hired. Zoning changes for Commercial areas "C" Districts Hwy 55 Corridor Study Working with U of M and DCTC for joint projects Update Parks Master Plan Codes being reviewed updated Define mixed use industrial Hiring Public Works Director (to be held off till June with Council direction/discussion held prior to advertising) Business Incentive Program Improved Newsletter (continuing) Community Policing (continuing) Pre- zoning for 2020 Comp. Plan ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 27, 2001 Discussion of the impact of the failed school district referendum on the city and taxpayers. Children's safety in walking to school will mean the need for added sidewalks, equipment. maintenance personnel. We need to look at the issue of signal lights. *It is imperative that we inform the taxpayers of this impact as soon as possihle. 1 Koch Refining has notified the city of their intention to release some of their buffer zone for potential development. Land immediately east of Akron Avenue should be used for an athletic complex. The extension of Connemara Trail to the east of Hwy 3 should include either an above or below grade crossing for the train or auto traffic. Options should be considered soon because of St. Joseph's Catholic Church move. The city will have a need for a water tower east of the tracks within 3 to 4 years. Options should be explored including the possibility of sharing the space with a new fire station. There is a good possibility that the city may have a library within 2 to 4 years. The County would own the library and the city would give the land and perpetual maintenance for it. There is also a strong possibility that the NTVTA would be willing to do a joint redevelopment venture including a library. Possible locations were discussed. *A strong sentiment was issued by Council that the library be a smaller version of a full service library not just a bookmobile without wheels. Items to be added to the 2002 work plan: The meeting was adjourned at 12:07 p.m. City Clerk's File 2001 -04. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 27, 2001 Work with St. Joseph's Catholic Church and possibly St. John's Lighthouse Church for their developments. Address the desire of Council to include affordable housing. possibly apartments, at the east and west northern side of CSAH 42 at Connemara Trail. Transportation and sidewalk studies. Respectfully submitted, 0. ul✓ Council Member Ena Cisewski 1 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 6, 2001, 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 Klassen, Cisewski, Riley, and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, Parks Recreation Director Schultz, Police Chief Kalstabakken, Water Resource Engineer Morris, Code Enforcement Officer O'Brian and Engineering Consultant Hutton. Mayor Busho opened the meeting with the Pledge of Allegiance. There were no public comments or response to public continent. One item was added to the Consent Agenda: Hiring of Part-Time Parks Recreation Receptionist. Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 2001 Councilmember Klassen pulled Consent Agenda Item 6.c. Minutes of January 27, 2001 for discussion and City Administrator Burt added Item 6. j. Hiring of Part-Tine Parks Recreation Receptionist. MOTION by Edwards to approve the Consent Agenda removing Item 6.c. Minutes of January 27, 2001 for discussion and adding 6.j. Hiring of Part-Time Parks Recreation Receptionist. Second by Riley. Ayes: Cisewski. Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. a. Minutes ofJanuary 16, 2001 Regular City Council Meeting b. Minutes ofJanuary 10, 2001 Work Session c. Minutes of January 27, 2001 Special Meeting(PULLED FOR DISCUSSION) d. Bills Listing e. Donation Account Expenditure for Parks Recreation f. 2001 Solid Waste Hauler Licenses g. On -Sale Liquor Licenses on Public Premise for Community Center h. Hire Operations Coordinator for Parks Recreations Dept. i. Receive Feasibility Report /Set Public Hearing for Carrousel Plaza Townhomes Street Utility Improvements, City Project 322 j. Hiring of Part-Time Parks Recreation Receptionist (ADD -ON) Council Member Klassen further reviewed the minutes of the goal setting session of January 27 2001.and found them to be accurate. Consensus was to approve the minutes. MOTION by Klassen to approve the minutes of the special meeting ofJanuary 27, 2001. Second by Cisewski. Ayes: Busho. Riley, Edwards, Klassen. Cisew Nays: None. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 2001 PUBLIC HEARING: Improvements to Trunk Highway 3 from 145 Street to CSAH 42, C.P. 318 Mayor Busho explained the Public Hearing process which begins with an overview, then questions from Council and audience, then the Public Hearing is opened for public continent, then the public hearing is closed and Cite Council discusses what was presented. The City Clerk indicated that the affidavits of published and posted notice were on tile. Engineering Consultant David Hutton from WSB Engineering reviewed the feasibility report for City Project 318. Hutton noted that the purpose of this public hearing would be either to assign and build this project or not. The project includes improvements to Trunk Highway 3 from 145 Street to CSAH 42, probably to he done in two phases. The first phase would be continuing the set streetscape theme as done north of 145 Street West and make improvements to street and utilities down Highway 3 to I47 Street. The second phase would be from 147 Street to CSAH 42 which includes changing a rural ditch system to curb and gutter with storm sewer. The City will he looking toward a cooperative agreement with N1nDOT for partial funding. A pond is suggested in the northwest comer lot of Highway 3 and CSAH 42 for storm water. The location and size of this pond will likely be changed when additional facts are gathered. The signal lights at 145 and CSAH 42 would be upgraded. Right turn lanes would be added at CSAH 42 which would create a need to change the railroad crossing anus. The streetscape would include brick pavers, sidewalk, and trees where appropriate. Overhead power lines would he buried. Hutton reviewed estimated costs and funding of the project with the overall cost at $3.8 million. The Assessment Policy sets out for an overlay project a 35% assessment at 566.56 per frontage foot and for reconstruction $82.16 per frontage foot. Council asked some clarification questions of Mr. Hutton. Mark DeBeittignies, 4125 153 Street West, asked about sidewalk cost from 147' Street to CSAH 42. Hutton noted these costs were not included in the 582 per FF. It would he about an additional $24.50 FF. Mayor Busho opened the Public Hearing for audience input. Peter Terry, Ace Hardware. 14635 South Robert Trail. Terry noted they were not against the basic elements of City Project 318. Most parts of it are appropriate and beneficial. However, Terry had strong concerns about removal of street accesses because it would be detrimental to their business. There has not been any traffic accidents in front of Ace Hardware in 23 gars, so traffic safety can not he a reason for eliminating highway access. Terry implied that funding from MnDOT was dependent on fewer accesses when in fact there are no set requirements from MnDOT to receive funding. Terry said that the timing and funding are not right for this project. Steve Casey, 15455 Danville Avenue. Casey agreed with most parts of the project. His concern was the placement of the street accesses. The accesses are so close together that sharp turns are necessary which cause sight line problems. Casey noted that there are no legal agreements for shared parking with any of the local businesses. The traffic report recently done indicated 3.9 accident incident per year. Casey figured that would take 4,197,000 trips for 2 -3 accidents. This is incredible safe traffic. 1 1 1 Casey requested careful placement of trees on the boulevard so as not to cover store fronts or signage. Also. maintenance of the plantings are questionable. Brick pavers require more maintenance as well. Sarah Dostel, 14605 South Robert Trail, Shenanigan's. Dostel was concerned about accesses being removed creating less parking. Dostel noted that a face lift to the area is good but questioned how much of it was necessary. There is very little if any pedestrian traffic now. Dostel said that society now is convenience centered, easy in and out is necessary for a business to succeed. Joanne Cope, 14717 Danville Avenue West, owns business rental next to KW IK Trip. Cope recalls that the PUD for their property did not allow sidewalk along Highway 3. Cope noted that she and most other residents do not walk for shopping downtown but drive. Cope asked why design a pedestrian friendly downtown when everyone drives? Jean Boche, 12845 Bengal Avenue, owners of Dakota Engraving, 14525 South Robert Trail. Bocke asked to save tax dollars by taking out some of the decorative elements of the project. Boulevard trees need better trimming and they don't seem to develop well. Brick pavers can't be seen from moving vehicles. The street lights on the north end of the project are too close together. Boche would like to see half the lights with no trees or Krick pavers. More efforts should he made by the City to bring new businesses in. Parking is in short supply and more is needed because there isn't any pedestrian shopping going on here now. Even the Rosemount Town Pages noted in an article that there was no one walking around at 147' and Highway 3. Removing the sidewalk from the project would save $213,000. John Fran, ED Enterprizes, Kenrose Mall owner. Fran was concerned about closing street accesses because it would be more difficult to exit because of the sharp turn necessary and limited view. Fran also noted that loosing 4 8 parking space would impact the businesses in the mall. Greg Fluegel, 15673 Crystal Court. represented Fluegel's Elevator Inc.. 14700 South Robert Trail. Fluegel has been a resident for 40 years. Fluegel's is considering expanding to the south and access onto Highway 3 would be needed. Fluegel asked that the city coordinate with their development. Fluegel questioned why the improvements need to continue all the way down to CSAH 42? Thomas Terry, 15711 Chasewood Court. Terry noted that re- vitalization is good. The city should identify the healthy and strong businesses and assets and then build upon them. To remove any street access is an eliminate of the project that is injurious to healthy and strong businesses. Don Ratzlaff, 14630 South Robert Trail, 66 Station. Ratzlaff noted his business has been home for 37 years. He reminded city staff that all the downtown businesses rallied around the change to a three lane highway a few years ago. Ratzlaff said the highway should have 5 to 7 years more life in it, so why rebuild it now? Ratzlaff witnessed the reconstruction of Highway 3 back in the 40's, then it was Highway 218. I-Ie remembered they dug down 11 feet, so how could there be a need now to remove bad soil? Ratzlaff reported that it is very difficult to cross traffic on Highway 3 because it is very busy. Ratzlaff felt his business would be de- valued if a street access was closed. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 2001 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 2001 John Ryan, Genz -Ryan Plumbing, 14745 South Robert Trail. Ryan asked what would be done with snow when removal was necessary? There doesn't appear to be enough room on the sidewalk to leave it there. Ryan noted one newspaper article where a new resident said he didn't care what happened to the downtown. And there are many others likely that are detached from the downtown area. Ryan said we are not that kind of a conununity, but it is changing. Ile referred to the movie "Field of Dreams if we build a pedestrian friendly downtown, it doesn't mean that "they will come." Ed McMenomy, 14450 South Robert Trail. McMenomy was pleased with the improvements made north of 145` Street West last fall. McMenomy inspected the Kenrose /Shenanigan's parking lot and thought it best to leave the accesses as is. Possibly waiting for a future time when re- development of the block is called for and the population is up to 34,000 and the market is there. McMenomy noted that there is no room for sidewalks and snow removal. McMenomy suggested considering a task force for finding common ground and further input. MOTION by Busho to close the public hearing Improvements to Trunk Highway 3 from 145 Street to CSAH 42. C.P. 318 at 9`07 p.m. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Mayor Busho noted that the public hearing had a good discussion of many major points. Council Member Edwards commended the citizens for participating. Edwards did note that at no time was street access sold as some had commented. MOTION by Council Member Riley to table City Project 318 for further information. No second. Motion was withdrawn. MOTION by Edwards to order plans and specifications for the entire project and direct staff and consultants regarding project phasing and financing. Second by Klassen. Ayes: Klassen, Cisewski, Busho. Edwards. Nays: Riley. Motion carried. Engineering Consultant Hutton reviewed a time schedule and will include meetings with residents. It will he determined how to phase the project and hid both phases at the sane time. Preliminary drawings will be ready in March. Motion by Edwards for a 10 minute recess. Second by Busho. Ayes: Five. Nays: None. Motion carried. The meeting was reconvened at 9:25 p.m. Proposed Fee Amendments City Administrator Burt showed suggested changes to the annual fee resolution as reviewed by the City Attorney to insure collection of trunk area assessments. This would apply to Appendix I, 4.B.,C. and D. as follows: Any part of the Trunk Area Assessment that is not collected with a 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 2001 plat /subdivision agreement will be collected as a connection charge, in addition to any other connection charge established by this resolution, prior to connection to the sanitary sewer system/water system /issuance of a Certificate of Occupancy for use of any property. Building Official Kaehler believes that all window replacements in residential housing needs an inspection to insure they are installed correctly. Staff requests that a fee of $47.50 he required for window replacement of the same size. If the window size is altered, this would be based on project cost. The weekday fees (Sunday Thursday) were missed for an increase for 2001 for the auditorium with the banquet room and adjoining lobby' in Appendix II. Class 2 was increased from $225 to S300, Class 3 from $275 to $350. and Class 4 from $550 to $600. MOTION by Edwards to add additional language to pages 5, 6, and 7 for Trunk Area Assessments, Appendix l; and add a fee of $47.50 for window replacement on page 16 of Appendix I: and increase Weekday Fee for use of the auditorium with the banquet room and adjoining lobby on page 3 of Appendix II: for the 2001 Fee Resolution. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Edwards. Klassen. Nays: None. Motion carried. City Code Amendments for Clarification of Parking/Storage Code Enforcement Official Sheila O'Brian presented proposed changes to the ordinances after the City Council had discussed it at a Committee of the Whole. This restricts vehicles for sale on public property or publicly zoned property: defines a commercial vehicle as a truck, truck- tractor semi- trailer. van or bus having a licensed gross weight over 9,000 pounds; 48 hour parking in commercial districts; and a definition of a junked vehicle. This is considered the "first reading" of these ordinance changes and it will be brought back for council approval on the consent agenda at the next regular meeting. Amendment to Chapter 4 of the City Code, Section 5 -4 -1, Composting Water Resource Engineer Alyson Morris presented composting regulations which will allow residents to participate in a county- sponsored composting project. Backyard composting will divert organic waste from landfills. This will he added to the Rosemount City Code book. This is considered its "first reading" and it will be brought for council approval on the consent agenda at the next regular meeting. Mayor Busho adjourned the meeting at 9:53 p.m. The City Council Agenda Packet is Clerk's File 2001 -05. Respectfully submitted, Linda Jentink. ity Clerk 1 1 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE FEBRUARY 14, 2000 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on February 14. 2001, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Cisewski, Edwards, Riley and Klassen present. Staff members in attendance were City Administrator Tom Burt, Police Chief Kalstabakken, City Planner Pearson, Community Development Director Parsons, Human Resource /Conmmnications Coordinator Graff, and Finance Director May. City Administrator Burt gave background regarding the planned remodel for City Hall. Costs for the project were initially estimated to be about $2 million dollars. However. after investigation by staff of all of the associated costs, the estimate is now $3.1 trillion dollars. Finance Director May then reviewed the alternatives for financing the project considering the new price tag. He outlined the different fund sources that could be accessed. He recommended that the City buy down the $1 million dollars of the debt and issue a total of S2 million in debt. If the project were financed for 20 years the payment would be $180,000 per month, consist with the originally budget amount. Council brought forth the following concerns and suggestions. Mayor Busho stated that she thought the project should be financed over 20 years, but she did not want to use street or storm water funds to buy clown the project. Council Member Klassen was concerned about what impact buying down the debt for the City Hall project would have on the Streetscape Project. Council Member Edwards asked if the entire project needed to be done right away. could items such as furniture and computers wait until later? City Administrator Burt replied that it' furniture and other equipment is not purchased now it would be in competition with other projects in the CIP. Council Member Cisewski wanted detail on how the project got to be a $1 million more than originally thought. Burt noted the largest overrun was that the interim move of city staff and keeping all city services operational had not been configured into the estimated cost of the remodel. Council Member Riley wondered how long the space would function for the Police Department. City Administrator Burt asked Council to wait until hard costs have been defined through the bidding process. Once the costs were defined, it would be more apparent where costs in the project could be cut. Council had consensus to move ahead with this city hall remodeling proposal. Formal approval to go out for bids will he brought to the March 6 111 Council Meeting. Council would like to review bids received at the April Committee of the Whole meeting. Connemara Avenue The Council reviewed the proposed future alignment and alternatives for the developing area north of Biscayne Pointe and extending east towards Akron Avenue. Acting City Engineer Weiss was given the go -ahead to discuss crossings with the railroads. The Council endorsed the conceptual grade separated crossing of the Union Pacific Railroad. 1 1 Transfer of Development Rights City Planner Pearson explained the request from Mr. Richard Cliff to acquire development rights from Ms. Wicklund so that he could sell 40 of his 76 acres. The Councilmembers present were not comfortable with the idea, primarily because Cliffs land is in the future MUSA area. Staff was given direction to prepare a policy that would only permit transfer of development rights in the permanent agricultural area for future Council review. Mining Report Update The Council members present concurred with allowing Dahlgren, Shardlow and Uban to proceed with the end -use plan for mining. but to hold off on the inventory and ordinance preparation to limit costs. Staff will prepare alternatives for future Council review regarding future mining areas and permit processing options. The meeting was adjourned at 9:00 p.m. The City Council Agenda Packet is Clerk's File 2001 -06. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE FEBRUARY 14, 2000 Respectfully submitted, Thomas D. Burt. Cit-G A ministrator Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. Febntary 20, 2001, 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 Klassen, Cisewski, Riley, and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, Police Chief Kalstabakken, and Engineering Consultant Weiss. Community Development Director Parsons opened the meeting with the Pledge of Allegiance. There were no additions to the agenda. There was no Response to Public Continent. Public Comment 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2001 Steve Casey, 15455 Danville Avenue, stated his displeasure with the Streetscape project on Highway 3. Casey contacted the Minnesota Department of Transportation (MnDOTI to understand the benefit of having driveway closures onto Highway 3. A representative from MnDOT explained that projects are rated for improvements and the number of people affected by that and the benefit to them. The higher the rating the more consideration of if and how much money MnDOT will contribute to the project. Closing driveways was considered a benefit and received higher ratings. Casey noted that closing driveways showed a lack of consideration by the City for the downtown businesses. Casey said this project does not have the support of the community. Casey requested that his letter be made part of the record. City Clerk Jentink will attach it to the permanent record. Clerk's File 2001 -07. Sarah Dostle, 14605 South Robert Trail, Manager of Shenanigans. commented on tonight's amendments to the city code liquor policy. Police Chief Kalstabakken contacted her today about these changes. Dostle said she did not have enough time to respond. Dostle felt that the $2000 fine for selling to minors was excessive, it should be a graduated tine. The "after hours" changes seemed to restrict special breakfast meetings such as the Lions Club or Rotary Club [night have. Rish Mohabir, CEO of Rosemount Liquor, 3395 Upper l47 Street, has been a resident for 30 years. Mohahir was against the city code liquor amendments. Mohabir said the $2000 fine was punitive, he would support a graduated fine process. His liquor store makes strong efforts to follow the law. Mohahir wished to have participation in any amendments and encouraged input from local businesses. DEPARTMENT HEADS REPORTS: Stormwater Management Plan Update Engineering Consultant Bret Weiss noted that because Rosemount had rolling terrain, providing positive outlets to the City's numerous ponds is very expensive. Financial analysis of how these improvements will be funded will require policy changes and the Stormwater Management Plan should be updated to address this and format a plan to improve the current ponding problems. The Utilities Commission recommended moving forward with this update. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2001 Council Member Klassen asked if specific problems would be looked at? "Yes Weiss commented, "these problem areas will be evaluated." Mayor Busho noted that the Utilities Commission will be working with Springsted Inc., an accounting firm, to determine funding possibilities. Weiss noted that this will be the largest expenditure the city will have in the corning years. MOTION by Edwards to approve the work plan as adopted (with WSB .Associates, Inc.) and authorize the expenditure of funds from the Storm Sewer Utility or Core Fund. Second by Klassen. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Consent Agenda Council Member Cisewski pulled Consent Agenda item 6.a. Minutes of February 6, 2001 and Council Member Riley pulled Item 6. f. Approve Project /Order Plans Specs T.H. 3. Street Utility Improvements, City Project 318, for discussion. MOTION by Edwards to approve the Consent Agenda removing Item 6.a. and f. for discussion. Second by Cisewski. Ayes: Busho, Riley, Edwards. Klassen, Cisewski. Nays: None. Motion carried. a. Minutes of February 6, 2001 Regular City Council Meeting (Pulled for discussion) b. Bills Listing c. Fee Amendments Resolution d. City Code Amendments for Clarification of Parking/Storage e. Amendment to Title 5. Section 5 -4 -1 Composting f. Approve Project/Order Plans Specs T.H. 3, Street Utility Improvements, CP 318(Pulled for discussion) g. Receive Feasibility Report/Approve Project /Order Plans Spec. Section 31 Sanitary Sewer Improvements, Phase 2, City Project 317 6.a. Minutes of February 6, 2001 Regular City Council Meetings Council Member Cisewski referred to page five of the minutes noting a fee for window replacement at 447.50 which should read $47.50. City Clerk Jentink acknowledged the needed correction. MOTION by Klassen to amend the minutes of February 6, 2001 with the corrected figure of $47.50 on page five. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. 6.f. Approve Project/Order Plans Specs T.H. 3, Street Utility Improvements, City Project 318 Council Member Riley stated she was uncomfortable moving forward with City Project 318, the streetscape for Highway 3 between 145 Street and Lower 147 Street. Riley stated strong concerns because of the lack of support of businesses along Highway 3 and believes the City should focus on being pro active in getting new businesses to the downtown area first. Riley noted that the timing is wrong for this project. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2001 MOTION by Riley to table City Project 318 for further discussion at a work session. The motion died due to lack of a second. MOTION by Edwards to adopt A RESOLUTION APPROVING THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR TRUNK HIGHWAY 3 STREET AND UTILITY IMPROVEMENTS (COUNTY ROAD 42 TO 145 STREET WEST), CITY PROJECT 318. Second by Klassen. Ayes: Klassen, Cisew Busho, Edwards. Nays: Riley. Motion carried. PUBLIC HEARING: Application for On -Sale Intoxicating Liquor License and Sunday Liquor License by Barmans Hospitality Group Inc., "Celts 14520 South Robert Trail Mayor Busho explained the Public Hearing process which begins with an overview, then questions from Council and audience. then the Public Hearing is opened for public comment. The public hearing is then closed and Cite Council discusses what was presented. The City Clerk indicated that the affidavits of published and posted notice were on tile. City Clerk Jentink presented information regarding Brandon and Kimberly Barth's application for on -sale liquor licenses at 14520 South Robert Trail. All fees have been paid. Police Chief Kalstabakken did a background check of both owners and found no cause for denial. The insurance is pending approval of the liquor license. The building will be remodeled and so it is suggested that the license also be pending a Certificate of Occupancy from the Building Official. Brandon Barth introduced himself and his wife, Kimberly. They live at 8349 Delaney Circle. Inver Grove Heights, Minnesota. The name "Celts" was taken from the Irish craftsmen and warriors of 800 B.C. who often lived in castles. So, the decor would be woodwork and rock much like a castle. It would have Irish cuisine, including breakfast on Saturdays and Sundays. The kitchen and bathrooms would be updated. Barth plans to support the local youth and community groups. Barth reviewed the current use of the parking lots and the number of available spaces at different times of the day, concluding that the nixed uses of the buildings allows enough parking to accommodate this new business. Council Member Edwards reminded Barth of the 51% food sales required for this liquor license. Steve Nielsen, owns the building at 14520 South Robert Trail. Mike O'Rourke maintains the parking lots and the cost is split between three owners. Nielsen noted that it has been very nice working with this young couple (Earths) and he felt they would be a good addition to the downtown businesses. Mayor Busho opened the Public Hearing for audience input. Michael Palmer. 2682 Upper 138' Street West, manages Pizza Man. Palmer has known the Barths for two years and found them to he good friends and enthusiastic about their new restaurant. Palmer helps support the high school and youth teams and Barths have indicated they are willing to help also. Celts has a good location and the traditional Irish theme is a good idea. Palmer supports the approval of the liquor licenses. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2001 MOTION by Edwards to close the public hearing for Application for On -Sale Intoxicating Liquor License and Sunday Liquor License by Barmans Hospitality Group Inc., "Celts 14520 South Robert Trail. Second by Klassen. Ayes: Five. Nays: None. Motion carried. Council Member Klassen stated her support of Celts restaurant and found no reason for denial. Council Member Edwards said he could support this although he has some concerns for the restrictions of the 51% food sales. Council Member Cisewski stated she supported Celts and looked forward to breakfast at an Irish castle, but she did have some concerns on the availability of parking. City Attorney LeFevere noted a case in Brooklyn Center that would not allow carry-out chicken to be counted toward the 51% food sales or have food sales count when liquor is not sold. MOTION by Klassen to approve an On -Sale Liquor License and Special Sunday Liquor License to Barman's Hospitality Group, Inc. for Celts Restaurant. at 14520 South Robert Trail beginning March 1. 2001 pending insurance and a Certificate of Occupancy for the restaurant. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Ordinance B Amendments Regulating Outdoor Storage and Parking Community Development Director Parsons presented amendments to the Zoning Code Ordinance B to regulate common violations. City Council discussed this at a City Council Committee of the Whole and Planning Commission held a public hearing at which there were no public comments made. Council discussed considering seasonal permission to leave recreational vehicles out in ones driveway and the ability to tie the storage of construction materials to building permits. City Administrator Burt noted that many smaller construction jobs do not require a building permit so this would not cover everything. Consensus was to approve the amendments as presented and consider refinements at another tine. Mayor Busho read the title of each amendment: 1) An Ordinance Relating to Outdoor Parking and Outdoor Storage; Amending Rosemount Ordinance B Sections 3.2, 4.9, 6.5 and 6.6; 2) An Ordinance relating to Driveways; Amending Rosemount Ordinance B Section 8.1 by Adding new Paragraph M.; 3) An Ordinance Relating to Driveways, Amending Rosemount Ordinance B Section 8.1.G. MOTION by Klassen to adopt three zoning ordinance amendments that amend sections 3.2, 4.9, 6.5, 6.6, and 8.1. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. Application for a Cable Communications Franchise City Administrator Burt noted that legal counsel has addressed this cable franchise process. The policy is in place and a S20,000 deposit is required with the application and a public hearing must be held one week from the application deadline. Contractor Property Developers Company (CPDC) has submitted a letter of intent to obtain a limited area cable franchise. Craig Rapp represented CPDC and explained its desire to provide integrated telecommunications services to the Evermoor 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2001 area of Rosemount. The Utilities Commission recommended that the City Council open the application process for a competitive overbuild. Council Member Klassen remembered the City looking into competitive overbuilds and there wasn't enough saturation to warrant the investment. Klassen did not see the need for this. Attorney LeFevere noted that this is "new ground" the rules have not been written for this yet. If only the "best" part of the city is claimed, then what will be left for the other parts of the city? Economic factors are not determined at this time. The process of a public hearing may bring this kind of information up. Mayor Busho noted that Charter Communication may have an interest in this. Edwards also noted that the fill ramifications for cable phone, and intemet is not understood at this time. Craig Rapp noted that this infrastructure of fiber optics is critical to the data sen'ices Evermoor wishes to provide. CPDC wants to follow city policies and wants to be on the cutting edge of technology as well. Rapp noted they would also like to coimect to the surrounding schools. Rapp requested Council to follow the Utilities Commission recommendation to call for the public hearing. Maureen Student', 8631 Bernard Path, Inver Grove Heights. Minnesota, is planning to buy a home in Evennoor. Studeny noted how her children need the computer for rewards and education. She and her husband also use the computer for their work. Studeny wants to hook several computers together to use a common printer, FAX, and use new technology. The high speed cable will benefit their home and work. Attorney LeFevere suggested adding 7.j. to the public notice as follows: If the applicant posses to serve a limited area, would it have a negative affect on the rest of the City? Mayor Busho noted it was her goal to have the entire community covered by cable. MOTION by Riley to authorize staff to move forward to gather more information on limited cable franchise, discuss this at a work session, and then proceed with the public hearing process. Second by Cisewski. Ayes: Edwards. Klassen. Cisewski, Busho, Riley. Nays: None. Motion carried. Amendment to City Code 3 -1, Liquor Regulations Police Chief Kalstabakken presented changes to the City Code Section 3 -1, Liquor Regulations. This is the first reading, input will he taken, and then a final draft will be presented to City Council at a following meeting. Minnesota State law is adopted by reference in our City Code. State law now allows for up to a $2000 fine and suspension of liquor license for 60 days or revoking the license for violations of state law or ordinances related to liquor regulations. The language in 3 -1 -8 F. is for clarifying the presence of non employees on licensed premises outside of the time that liquor sales are permitted. Some minor changes were suggested by City Council. Attorney LeFevere noted that the fine for liquor law violations is due 15 days following the City Councils imposition of it. This would likely be many days from the time of the violation. LeFevere also noted that the non- employees on premises is actually a relaxing of the current Code. 1 Mayor Busho directed staff to return the liquor amendments at a subsequent City Council meeting. Set Interview Dates for Commission Interviews City Clerk Jentink presented the six applicants for commission openings. Council discussed keeping the application period open for commission positions until prior to the interview date. Cisewski reminded council to review the policy on member selection prior to the meeting. MOTION by Busho to set a special meeting for the purpose of commission interviews on March 24` at 9:00 a.m. until completed. Second by Riley. Ayes: Five. Nays: None. Motion carried. Announcements Mayor Busho noted the next regular City Council meeting is March 6, 2001. Busho noted that Council Member Edwards was congratulated at a recent Koch Petroleum Board meeting for catching the computer "hackers" at the community college through his secular job. Congratulations. Mayor Busho adjourned the meeting at 9:37 p.m. The City Council Agenda Packet is Clerk's File 2001 -07. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2001 Respectfully submitted, Linda Jentink. City Clerk 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 6, 2001, 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 Klassen. Cisewski, Riley, and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Police Chief Kalstabakken, Parks Recreation Director Schultz. Code Enforcement Official O'Brvan, Water Resource Engineer Morris and Interim City Engineer Weiss. Interim City Engineer Weiss opened the meeting with the Pledge of Allegiance. There were no additions to the agenda, however, there was additional information for Items 7. Kulhanek Appeal Public Hearing and 10.a. Dakota County Shop Update. There was no Public Conmient and no Response to Public Comment. Contract for Park Master Plan Update Parks and Recreation Director Schultz reported the process used for collecting Requests for Proposals and interviewing firms for the Parks Master Plan Update. Five firms responded and were interviewed by a committee made up of Parks and Recreation Committee Member Sampo. City Council Member Cisewski and Director Schultz. The firm selected was Ingraham and Associates. They featured community input by using questions on a resident survey, having open houses, and attending Parks Recreation Committee meetings. A focus group would be established, as well as a needs analysis report and demographic trends. City Council will have several opportunities to provide input and will receive continual updates. MOTION by Cisewski to hire Ingraham and Associates for updating the Parks, Trails and Open Space Master Plan. Second by Riley. Ayes: Riley, Edwards, Klassen. Cisewski, Busho. Nays: None. Motion carried. Consent Agenda Council Member Klassen pulled Consent Agenda Item 6.a. Minutes of February 20, 2001 and City Attorney LeFevere pulled Item 6. i. Carrousel Plaza Townhomes Final Plat, Heritage Development, for discussion. MOTION by Edwards to approve the Consent Agenda removing Item 6.a. and i. for discussion. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski. Busho, Riley. Nays: None. Motion carried. a. Minutes of February 20, 2001 Regular City Council amended b. Minutes of February 14, 2001 Committee of the Whole c. Bills Listing d. Encumbrance of 2000 Budget Items Forward to 2001 e. Receive Plans Spec's /Order Ad for Bid Section 31 Sanitary Sewer Improvements, C. 1 Project #317 f. Authorize Ad for Bid for Standby Generator at Well #9 SCADA System Update for Rural Water System g. Revised Resolution for Evermoor PUD Amendment (Driveway Turn-A- Rounds) h. Carrousel Plaza Office Center Final Plat i. Carrousel Plaza Townhomes Final Plat- Heritage Development amended resolution j. Bloomfield Second Addition Final Plat (revised) k. Authorize Bid for City Hall Remodel 6.a. Minutes of February 20, 2001 Regular City Council ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Council Member Klassen requested the language be changed on page five, first paragraph, from limited franchise to competitive overbuild to more accurately describe the discussion. Council consensus agreed. The City Clerk will see that the correction is made. MOTION by Klassen to change the minutes of February 20, 2001 Regular City Council meeting on page five, the first paragraph, from limited franchise to competitive overbuild to more accurately describe the discussion. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. 6.i. Carrousel Plaza Townhomes Final Plat Heritage Development City Attorney LeFevere recalled that there were cross easements required. an access easement, and additional landscaping that if not included in this resolution may not be enforceable by the City. LeFevere suggested wordage in the resolution under number 1) as follows: "Execution and recording of easements, covenants and PUD and Subdivision Agreements in a form approved by the City Attorney for the project to secure public and private infrastructure to serve the development." MOTION by Busho to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR CARROUSEL PLAZA TOWNHOMES with amended wording in number 1) of the resolution. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. PUBLIC HEARING Appeal of Lot Variance for Mike Kulhanek, 12355 Blanca Avenue Mayor Busho explained the public hearing process. After an overview, the City Council, then the audience, can ask clarifying questions. The hearing is then opened for audience opinion statements. The public hearing is closed and City Council discusses issues pending action. The City Clerk indicated that the affidavits of published and posted notice were on file. City Planner Pearson reviewed property owner Michael Kulhanek's application for variances to build a home and accessory' building. The Planning Commission had approved these variances at their December 12 2000 meeting. Neighbors, Kurt Betty Ann Schneider, 12365 Blanca Avenue, Jeff Maggie Nelson, 12334 South Robert Trail, and Tracy Dougherty, 12370 Blanca Avenue, appealed the variances decision by the Planning Commission to this City Council with concerns about the wetlands. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Alyson Morris, Water Resource Engineer, discussed the two wetland areas on the lot. The wetland to the west is Basin #2 and is a Type 2 Wetland, which can allow a maximum of 2000 square feet of fill. This would however, cause the water to move north and encroach on the septic system field. These wetlands do not have an outlet which would allow water to drain out of the area. An overland flow to the west should then be created which would require some piping and assessments to the benefiting neighbors. Mr. Mike Kulhanek, temporarily at 19739 Coates Boulevard, Hastings, said that this appeal is not appropriate and he believes the Planning Commission's decision should stand. Kulhanek received a letter from Ms. Dougherty asking to purchase his lot. Kulhanek had no interest in selling, but simply wanted to build his home. Staff had requested changes to the house plan and 17 revisions were made over time. Kulhanek wishes to go ahead with his house plan and would forgo the accessory structure if necessary. Wayne Jacobson, Soil and Wetland Scientist, from Svoboda Ecological Resources, reviewed past recorded history and aerial photographs of the wetland. This information did not show any flooding or significant change. The placement of the house and septic system field show no direct affect on the wetlands. Fill would be required for placement of the accessory garage. Jacobson noted that his client, Kulhanek, would like to proceed with the house as planned. Denny Palmer, from Barr Engineering, submitted a report on behalf of the neighbors dated February 28` 2001, which showed concerns about future flooding due to the new construction on the Kulhanek property. Palmer noted that current residents already seem to have problems with high ground water with excessive use of their sump pumps and leakage into their basements. Palmer noted confusion between the ordinary high water mark and flood level; it is the difference between long term and an instant look. The vegetation does point to the normal water level. however, the snow melt alone this year could cause 7.1 of run off water which would cause the pond to rise two to four feet. Palmer noted that Wetland 41 does not have a drainage plan, there is no where for the water to go. Palmer reported that fill should not be allowed in Wetland #2. Mayor Busho opened the Public Hearing for audience input. Jeff Nelson, 12334 South Robert Trail, spoke on behalf of all the neighbors appealing the Kulhanek variances. Nelson presented photos showing the character of the neighborhood. Nelson felt that the three story house plan would not fit into the neighborhood. Their major concern is the issue of flooding and high ground water. Anything that will augment the flooding or high ground water would not be acceptable to the neighbors. Nelson noted that he has under floor heat ducts and that they did get moisture in them last summer. Betty Ann Schneider, 12365 Blanca Avenue, noted that the water did travel over land in 1963 from Wetland #1 to Wetland #2. Schneider was concerned about the high ground water and said that any fill used would only make it worse. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Glenn Gustafson, 12310 Blanca Avenue, said the lot's original owner put fill across the wetland which divided it in two. Tracy Dougherty, 12370 Blanca Avenue, said she was not against Mr. Kulhanek building his home. Dougherty noted that when she and her neighbors built there were restrictive covenants that applied to all the lots. She wondered if staff and Kulhanek were aware of those covenants? Dougherty was against any fill for the accessory garage and concerned about the amount of blacktop used which may cause more runoff water. Dougherty noted that she sincerely hoped they could be good neighbors to Mr. Kulhanek. Mike Kulhanek, 19739 Coates Boulevard, Hastings, Minnesota, 55033, reported that Mr. Nelson had put about 300 sq. feet of fill into the wetland about 1997 or 1998. Kulhanek explained that he has designed the rain gutters to flow away from the wetlands. Kulhanek's house plan was custom designed especially for this lot. The smaller base of the house allows less change to the lot trying to preserve the character of the land. Kulhanek requested that Council consider allowing the house even if they would not allow the accessory building. Water Resource Engineer Morris noted that acknowledging the 300 sq. feet of fill exempts him from the permitted 2000 sq. feet of till for Wetland #2. Wayne Jacobson, from Svoboda Ecological Resources, noted that if the fill from the past owner was not documented in records, then Mr. Kulhanek, who is applying in the proper way, should not be penalized. MOTION by Edwards to close the public hearing for Appeal of Lot Area Variance for 12355 Blanca Avenue, Michael Kulhanek. Second by Klassen. Ayes: Five. Nays: None. Motion carried. Mayor Busho noted that no one seems to be against the house, but that the accessory building variances are the issue. Council Member Klassen noted that the Planning Commission did not have the benefit of the wetland experts at the time of their decision. Klassen gave credit to Kulhanek for a good plan for the house even with the limitations. Klassen said she would not be in favor of allowing the accessory building. Staff assured Klassen that the septic system, both regular and back -up. has adequate area. Council Member Cisewski agreed that the house is a good plan. Cisewski had concerns about the septic system and the future impact to the ground water. MOTION by Cisewski to direct staff to prepare findings in support of overturning the variances to accessory structure front and side yard setbacks for the property at 12355 Blanca Avenue and a condition providing for the septic system field area and a land overflow. Second by Riley. Discussion ensued. Interim City Engineer Weiss said it was standard procedure to verify that there is overland drainage. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Attorney LeFevere suggested two separate motions. The motion's maker and second agreed. The motion was amended as follows. MOTION by Cisewski to direct staff to prepare findings in support of overturning the variances to accessory structure front and side yard setbacks for the property at 12355 Blanca Avenue. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. MOTION by Klassen to require the owner. Michael Kulhanek, to identify the overflow storm water outlet before a building permit is issued. Second by Edwards. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Public Hearing: Carrousel Plaza Street Utility Improvements, City Project 322 Mayor Busho open the public hearing process. The City Clerk indicated that the affidavits of published and posted notice were on file. Acting City Engineer Weiss reviewed the feasibility report for the Carrousel Plaza Improvements requested by Heritage Development. This project is located south of the Marcus Theater and adjacent to Chippendale Avenue. Sanitary sewer will be extended to the Harold Wachter property at the closest point. The Wachter property already has city water. A 16 inch trunk watermain is recommended from Chippendale to Trunk Highway 3 connecting to the existing 12 inch stain there. This will be a connection site to complete a loop system for the watemtain past the railroad which will improve water quality and water pressure to our southern border. 160 Street. City Limits Bowling Lanes, Carlson Properties, Heritage Development and Harold Wachter will each be assessed for a portion of the improvements. Water, Sewer, and Storm Sewer Core Funds will pay for the majority of the project. The Carrousel Plaza Townhomes Project will have 38 units and a future office building site. Weiss noted that the project would be bid in March, construction would run May to September. and the assessments would he set in the fall. There were no clarification questions or comments from the audience. MOTION to Busho close the Public Hearing for Carrousel Plaza Street Utility Improvements, City Project 322. Second by Cisewski. Ayes: Five. Nays: None. MOTION by Klassen to adopt A RESOLUTION APPROVING THE PROJECT AND ORDERING PLANS AND SPECIFICATIONS FOR THE CARROUSEL PLAZA STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 322. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Ordinance B Amendments Regulating Outdoor Storage and Parking Code Enforcement Official O'Bryan presented Council with a revision of the proposed outdoor storage and parking regulations. Staff drafted possible language allowing recreation vehicles during specific months. O'Bryan noted that the months were chosen per information from the Department 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 of Natural Resources Also impervious surface was changed to "hard surface" in the woodpile ordinance. Discussion ensued. City Administrator Burt noted that the difference would be defining "parking" and "storage" on driveways. Attorney LeFevere noted that this would not allow any storage in the front yard, but it would be O.K. for an interim time. Police Chief Kalstabakken said that it is most commonly accepted to have recreational vehicles on driveways. Ordinance B 8.1 refers to the driveway turn-a- rounds on collector streets. MOTION by Edwards to adopt proposed zoning ordinance that amends section 3.2, 4.0, 6.5, 6.6, and 8.1. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Mayor Busho called for a ten minute recess. The meeting was reconvened at 9:14 p.m. Dakota County Shop Update City Administrator Burt introduced Don Theisen from Dakota County to present the update from Dakota County. City Council had reviewed the needs requested by Dakota County for their new maintenance facility at a work session on February 9' 2001. New rules from the Environmental Protection Agency (EPA) mandate on -site utilities for an operational plan. Metropolitan Council has approved an amendment to the Empire Township Plan that will permit this project. They based their approval on strong evidence that it cannot be located elsewhere. Theisen noted that Dakota County believes that the location is good and will provide a buffer area that will be environmentally the best. Interim City Engineer Weiss said that the County has always had a cooperative relationship with the City. Weiss hoped this would continue with storage support of our salt site which no longer fulfills the new EPA rules. Having the Highway Department plows near our main roads should provide fast removal of snow. Weiss indicated that the sewer must come from the west because the Biscayne interceptor is too shallow to provide drainage. The area east of Highway 3 and along 160 Street West needs both sewer and water to improve the water quality and pressure. Mayor Busho talked with Fire Chief Aker who definitely thought that utilities in this area would be a benefit for fire suppression equipment. Weiss noted staff does not have a cost figure yet because easements have not been determined. Theisen noted that the County would agree to their fair share of costs of the project. Fire suppression without public utilities would require three wells on site and a wet pond with a pump. Police Chief Kalstabakken said that police and fire service for the south side of 160` Street, which is Empire Township, would be handled by the Dakota County Sheriffs Office. tire would he handled by Farmington. but by the mutual aid agreement, Rosemount would be first on scene in most cases. Council Member Klassen said she had a huge problem with the siting of this facility. Klassen noted that Metropolitan Council had in their Regional Blue Print designated that urban uses should not be permitted on agricultural lands. This project would be costly to Rosemount residents and it is a philosophical issue. Empire Treatment Plant is already over used and we can't be sure further development won't follow. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Council Member Cisewski questioned the expansion possibilities and what might develop there. Past development has followed public utilities and this would not be desirable in this case. Cisewski wants to continue a cooperative relationship with Dakota County but not at the expense of residents. Council Member Edwards requested further information, a feasibility report, and perhaps a work session. The consensus was to gather information about the extension of utilities to 160 Street and review it at the April work session. Council Member Riley did not have a problem with the location. The Rosemount Business Park is right across the street and the water and sewer would benefit those businesses. Mayor Busho asked Weiss to estimate costs, potential assessments, easements, and possible condemnations. Busho requested the Fire Chiefs comments in a letter or memo form. Centex PUD Amendment for Bloomfield City Plattner Pearson reviewed the amendment request by Steve Ach of Centex Homes Minnesota Division. Pearson determined that the comparison to single family units and twinhomes was only 3.2% different from the approved Planned Unit Development. Centex proposed a housing plan that functions on a 70 foot wide lot with no setback reductions, a grade separated rail crossing. and increased open space. This increases the housing units from 413 to 590 overall. The increased open space along the outer edges of the development help to mitigate the combined effects of CSAH 42, the refinery, and the railroad tracks. Steve Ach, Centex Homes, reviewed the changes to road alignments, smaller lots, and more open space, nearly 36.5 acres. Ach answered questions from the City Council. Ach commented that the valuation of the homes are higher. The Sales Manager for Centex Homes noted that Woodbury now has homes with three -car garages on 55 foot lots that are worth S260.745. She believes that Rosemount has a lot to offer home buyers with quality, value in homes, parks, shopping, and schools. There are only 3 available lots left to sell. Several council members cotmmented on the small Tots. Pearson noted that trends for homes change, and right now many families have two jobs and want very small yards due to time restraints. These narrow lots are also longer so they are very close to the same square footage. Council Member Edwards reminded everyone about the 70/30 split of housing required by the City's Comprehensive Guide Plan. This PLED is 57% single family and 42% multi family. Edwards did not approve of the 70 foot wide lots. He felt it would not benefit the City in the long run. Council Member Cisewski noted that there are no natural features on this land to preserve. Storm water pending is required but these will not be natural wetlands. City Engineer Weiss agreed that clay linings would not be allowed in the man made ponds because there is no outlet drainage plan. 1 Potential flooding could be a concern. Cisewski could verify that odor from Koch Refining was only a problem about five days a year. Council Member Riley was for the Centex Amendment. Riley liked the gained open space. She felt the homes were attractive and the homes still met the required 20 foot distance between housing. Riley stated that Centex is one of the Fortune 500 companies in Minnesota. Mayor Busho noted that the 70/30% housing split is an overall goal for the city and not required of each development. MOTION by Edwards to adopt A RESOLUTION DENYING THE CONCEPT PUD AMENDMENT PROPOSED BY CENTEX HOMES with findings of facts returning to the March 20 2001 City Council meeting. Second by Cisewski.. Ayes: Edwards, Klassen. Cisewski. Nays: Riley. Busho. Motion carried. Mayor Busho adjourned the meeting at 10:47 p.m. The City Council Agenda Packet is Clerk's File 2001 -08. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2001 Respectfully submitted, Linda Jentink, 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, March 20, 2001, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley. and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, Police Chief Kalstabakken. Parks Recreation Director Schultz, and Engineer Consultant Hutton. Council Member Cisewski opened the meeting with the Pledge of Allegiance. There were no additions to the agenda, however, Item 7 a. was moved to the Consent Agenda. There was no Public Comment and no Response to Public Comment. Consent Agenda 6.p. Centex Bloomfield Concept ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2001 Council Member Riley pulled Consent Agenda Item 6.p. Centex Bloomfield Concept for discussion. MOTION by Klassen to approve the Consent Agenda removing Item 6.p. Centex Bloomfield Concept for discussion. Second by Cisewski. Ayes: Cisewski. Busho, Riley Edwards, Klassen. Nays: None. Motion carried. a. Minutes of March 6, 2001 Regular City Council b. Bills Listing c. Appointment of Fire Chief d. Resignation of Employee e. Authorize Financing for Lease/Purchase of CIP Equipment f. Decertifying Tax Increment Financing District No. 1 g. Payment #3 and Final Trunk Highway 3 Commercial Area Design Enhancement Plan, C. Project #314 h. Rezoning for Bloomfield 2 Addn., Carrousel Plaza Townhomes, Evermoor, and Evermoor 3 Addn. i. Findings of Fact for Kulhanek Variance Denial j. Authorize Preparation of Plans Spec's Shannon Pond Excavation k. Receive Feasibility Report /Set Public Hearing 2001 Street Utility Reconstruction Improvements (Dodd Boulevard, Phase 2), City Project #326 1. Authorize Police Selection Process m. Recruitment for Civil Engineer n. Award Bid for Skate Tile at Arena o. Award Bid for Electric Ice Resurfacer at Arena ADD p. Centex Broomfield Concept Denial Findings of Fact (pulled for discussion) City Attorney LeFevere asked that a change be made in the supporting resolution, Finding of Fact number 1. by inserting the word, "rather." in the last sentence... be closer to rather than further 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2001 from." Council agreed to the clarification change. Council Member Riley requested that the City Council work with the developer by allowing them two weeks and then have Council reconsider the amendment. Community Development Director Parsons explained that Bloomfield has already been through the procedural process which includes review by the Planning Commission. Any major amendments should return to the Planting Commission for review. Mayor Busho asked about the 60 -day rule which City Administrator Burt replied that one extension has been granted. Once Centex has submitted their revisions, staff can determine if it is a major or minor amendment to the Planned Unit Development. Steve Ach, Centex Homes Minnesota Division. responded that the changes should only be minor. A change includes the railroad crossing issue and most likely the unit density will decrease. City Attorney LeFevere commented that it would be O.K. to proceed with the findings and if they are in conflict with future changes or additional conditions would change. that resolution could be rescinded. Council Member Edwards noted that he is adamant on the 80 -foot wide lot size. MOTION by Edwards to adopt A RESOLUTION OF DENIAL OF THE CENTEX (Bloomfield) PUD AMENDMENT BASED UPON FINDINGS OF FACT. Second by Klassen. Ayes: Busho, Riley. Edwards. Klassen, Cisewski. Nays: None. Motion carried. Amendment to City Code 3 -1, Liquor Regulations Police Chief Kalstabakken presented the second reading of an ordinance change to be consistent with the Minnesota State Statutes pertaining to liquor licensing. Discussion at the February 20 2001 City Council meeting directed some of these changes. The Class B definition was amended to define the total revenues from food only during the hours that alcoholic beverages are sold. This would prohibit food carryout sales to count toward total food sales. The compliance checks clause, 3 -1 -12 -F. was simplified. State Statutes state a maximum tine of $2000 would apply for failure of compliance checks. City Council would determine the amount on a case -by -case basis, hence the 2001 Rates and Fee Resolution 2000 -139 will have the $1000 compliance check failure fee removed. MOTION by Riley to approve an ordinance amending Rosemount City Code 3 -1. liquor regulations and to adopt a resolution removing Alcohol Compliance Check Failure from the City Schedule of Rates and Fees. Second by Edwards. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. 2001 CDBG Allocation Community Development Director Parsons presented the request for application for funds administered by the Dakota County Community Development Agency. Rosemount has an allocation of $68281 this year. The Port Authority reviewed the policy to acquire non conforming, functionally obsolete, residential properties in the downtown commercial district with the intent to re- develop them. They agreed on the following: 1) the Port Authority may seek wherever possible to acquire private property from a willing seller 2) demolish non conforming houses rather than rent them. that 1 1 is, avoid acting as a landlord; 3) and concentrate acquisitions in a small area to avoid acquiring properties scattered about a large area. MOTION by Klassen to authorize application for 2001 CDBG allocation for property acquisition downtown per the Port Authority's recommendation. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Announcements Mayor Busho reviewed the up- coming meetings. Council was reminded that the Commission Interviews would be on Saturday at 9:00 a.m., March 24 2001. Mayor Busho adjourned the meeting at 7:55 p.m. The City Council Agenda Packet is Clerk's File 2001 -10. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2001 Respectfully submitted, s Linda Jentink, City Clerk 1 1 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on March 14, 2001. at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with the following Councilmembers present: Riley, Edwards, and Klassen. Staff members in attendance were City Administrator Burt, Human Resources /Communication Coordinator Graff. Finance Director May, Community Development Director Parsons, City Planner Pearson. Police Chief Kalstabakken, and Parks and Recreation Director Schultz. Mayor Busho convened the meeting at 6:30 p.m. She added an additional item, an update on MNDOT funding of the City Streetscape Project which she indicated would be discussed following the first item. St. Joseph's Catholic Church Development Plan Council discussion of the project was limited. Council Member Klassen opened discussion by stating St. Joseph's should be treated the same as any other developer and that discussion outside of the application process was inappropriate. Council Member Edwards echoed this sentiment and the St. Joseph's staff were encouraged to go through the normal channels to advance the project forward. Update on MNDOT Funding of City Streetscape Project ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MARCH 14, 2001 The City has received funding for the City Streetscape project. City Administrator Burt reviewed the numbers with Council and indicated that the project had the highest rate given by MNDOT this year. The $500,000 award will allow the City to keep assessments for the project much lower. 2001 Resident Survey Human Resource Coordinator Graff reviewed the background for this year's upcoming Resident Survey and distributed the preliminary questions. Council members will review the questions on their own and return any comments and /or changes to Grath by the Tuesday, March 20` Council meeting Approval for the final survey will be sought at the first Council meeting in April, in order for Decision Resources to begin their field work in April. 2001. Purchasing Policy Finance Director May presented a draft purchasing policy which would invoke a recently updated Minnesota State Statute enabling staff to make purchases of up to $50.000 without going through a formal hid process. Council stated that they were uncomfortable with not approving purchases for that amount of money and that having a policy that cited a statute that could change at anytime was problematic. A compromise was proposed wherein the policy will state that amounts under $50.000 will not require a formal bid process. However purchases will require that we get at least two different quotes from vendors. Also, expenditures between $25.000 $50.000 must gamer the approval of Council before the item can be purchased. Finance Director May will rewrite the policy to reflect these changes and then place it as a consent item at an upcoming Council meeting. 1 1 1 There being no further business, the meeting was adjoumed at 7:40 p.m. The City Council's Agenda Packet is Clerk's File 2001 -09. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MARCH 14, 2001 Respectfully submitted, Paula Graff. Human Resource Coordinator 1 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held 011 Saturday, March 24. 2001. at 9:00 a.m. in the Upper Conference Room at City Hall. 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley, and Edwards. Also present was City Administrator Burt. Mayor Busho called the meeting to order at 9:00 a.m. Council discussed the current policy of term limits and the length of terms. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 24, 2001 Motion by Cisewski to change the term of appointment for all commissions to one year with no term limits. Second by Klassen. Ayes: Busho, Riley, Edwards, Klassen, Cisewski.. Nays: None. Motion passed unanimously. Following the motion Council directed staff to contact Parks and Recreation Committee Member Eliason and ask him if he was interested in continuing to serve as a committee member. Eliason had completed three terms. Burt contacted Eliason and reported he was interested in continuing to serve. Council discussed the new process. It will require the department head to each commission to ask the current commission members annually if they would like to continue to serve as a commission member. Staff will then write a memo to Council that indicates the commission member's interest; the memo will also give a report of the commission member's attendance record and any other pertinent information. Council will then determine if the commissioner will be reappointed and if there is a vacancy staff will advertise for interested applicants. It was also noted that the current policy states a commissioner may be removed at any time by a majority vote of Council. Council directed staff to change the policy relating to reappointment, terms, and process and bring it to a future work session. Council discussed changing the application form and directed staff to look into what other agencies do and bring it to a work session for discussion. Mayor Busho requested that staff contact Dakota County for a sample of their form. The following applicants were interviewed beginning at 10:00 a.m.: Steven Casey, Planning Commission; Donald Berg, Utilities Commission; Bill Droste, Planning Commission; Mark DeBettignies, Planning/Port Authority /Parks Rec. /Utilities Commissions: Mark Jacobs, Parks Rec. and Utilities; Jeff Caspar, Planning Commission; Jeff Arveson, Utilities, Planning Commissions; Beatrice Trembath. Parks Recreation; Jana Carr- Weerts, Planning; Cindy McMenonrv, Planning, Utilities, Parks Rec.; Steve Wilson. Planning, Port Authority; Eric Johnson. Parks Recreation. Deb Halterman made application for Planning Commission, but was not available for interview this date. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 24, 2001 Upon the completion of interviews each Council Liaison gave a report on the existing members of the commissions they serve on. Mayor Busho reported that Donald Berg was doing a good job and should be reappointed. Council agreed with the reappointment. Council Member Cisewski recommended Committee Member Eliason be reappointed. Council agreed with the reappointment. Council Member Klassen recommended that Commissioner Droste not be re- appointed and also recommended that Commissioner Shoe Corrigan be removed. After a lengthy discussion the majority of the City Council agreed. The City Council had further discussion and a majority recommended the following people be appointed to serve a one -year term for the indicated commission and appointed who would chair each commission Parks Recreation Committee: Mike Eliason and Mark Jacobs. Kelly Sampo, Chair Planning Commission: Jeff Caspar. Jeff Arveson and Jana Carr Weerts Jeff Caspar. Chair Utilities Commission: Donald Berg Shawn Mulhem, Chair Staff was directed to prepare for the removal of Commissioner Shoe Corrigan as a Planning Commissioner and the appointments of the new commissioners for the April 3, 2001 City Council agenda The meeting was adjourned at 1:54 p.m. Respectfully submitted, 7 Thomas D. Burt City Administrator The City Council Agenda Packet is Clerk's File 2001 -11. Public Comment ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 3, 2001, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Klassen. Cisewski, and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Human Resource Coordinator Graff, Police Chief Kalstabakken, Parks Recreation Director Schultz, and Acting City Engineer Weiss. The meeting was opened with the Pledge of Allegiance. There were no additions to the agenda, however, additional information was provided for bid results in Item 7.c. Receive Bids /Award Contract Standby Generator at Well #9 and Rural Water SCADA System. and also revisions in minutes for March 20, 2001 Regular City Council meeting and March 24, 2001 were submitted. Mayor Busho explained the process for Public Comment. A sign in sheet was provided for those who were interested in speaking to City Council. There were nine names listed. Mayor Busho noted comments would be taken until 7:45 p.m. Rich Carlson asked to move Consent Agenda Item 6.g. from the Consent Agenda to New Business for discussion. Carlson was against Planning Commissioner Kim Shoe- Corrigan's removal from the Planning Commission. Carlson believed a range of viewpoints and honest opinion is beneficial to the development of Rosemount. Kim Shoe Corrigan stated she opposed her removal from the Planning Commission and believed that Council did not have the authority to remove her nor did Council have the authority to appoint anyone to her seat unless she resigned or her term expired. She asked that Item 6.c. be removed for discussion. Carl Osterhaus noted that he has had dealings with the Planning Commission and Kim Shoe Corrigan and believed that varying viewpoints were in the best interest of the city. Shannon Zanmiller requested that Item 6.g. be removed from the Consent Agenda for discussion. Zamniller noted her family has been in town for 42 years and they support Kim Shoe Corrigan. Michelle Caravella noted that Council was being short sighted by the removal of Kim Shoe Corrigan. This action has made those who would often be apathetic rise in protest. Caravella requested Item 6.g be removed from the Consent Agenda for discussion. Mark DeBettignies recommended that Item 6.g. be removed to new business at a future meeting. DeBettignies noted Council Member Mary Riley's letter presented in her absence. The letter is part of Clerk's File 2001 -12. DeBettignies noted that a poll had been taken of 50 people and 49 disagreed 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2001 with City Council's removal of the Planning Commissioner. DeBettignies said it was a mistake to remove Kini Shoe Corrigan. Connie Fadden said that City Council views do not represent the City. Fadden did not support the Council's action to remove City Planning Commissioner Shoe Corrigan. Pam Carlson requested that Item 6.g. be removed from the Consent Agenda Carlson asked what reason does Council have to take this action? Steve Casey reviewed City Ordinance VIII.4 dated April 4, 2000, noting that members may be removed when the public welfare will be promoted by such removal. How has the public benefited? Casey requested removal of Item 6.g from the Consent Agenda. Jim Corrigan requested that Item 6.g. be removed from the Consent Agenda and take input from the community. Corrigan asked, "What is in the public interest Mayor Busho noted that Council may respond to the questions at a future meeting. Resident Survey Human Resources Coordinator Graff gave an update on the preparation of the 2001 Resident Survey. A set of questions has been given to City Council and department heads for review. Decision Resources is working on the final draft of the questions. Council will receive a draft of those questions for review. Decision Resources will conduct the phone survey before the end of the school year. MOTION by Klassen to authorize the 2001 Rosemount Resident Survey and to enter into agreement with Decision Resources to conduct the survey upon Council's review of the final draft of survey questions. Second by Cisewski. Ayes: Cisewski, Busho, Edwards, Klassen. Nays: None. Motion carried. Consent Agenda Council Member Cisewski pulled Consent Agenda Items 6.a. Minutes of March 20, 2001 Regular City Council and 6.i. Restriction on the Use and Sale of Phosphorous Lawn Fertilizer for discussion. MOTION by Edwards to approve the Consent Agenda with a revision to Item 6. c. Minutes of March 24, 2001 Special Meeting for Commission Interviews and removing Items 6.a. Minutes of March 20, 2001 Regular City council and 6.i. Restriction on the Use and Sale of Phosphorous Lawn Fertilizer for discussion. Second by Klassen. Ayes: Busho, Edwards. Klassen, Cisewski. Nays: None. Motion carried. a. Minutes of March 20, 2001 Regular City Council (removed for discussion) b. Minutes of March 14, 2001 Committee of the Whole 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2001 c. Minutes of March 24, 2001 Special Meeting for Commission Interviews d. Bills Listing e. Expenditure Approval From Donation Account for Parks Recreation f. Budget Amendments g. Removal of a Commissioner from the Planning Commission h. Commissioner Appointments i. Restriction on the Use and Sale of Phosphorous Lawn Fertilizer (Removed for discussion) j. Resignation of a Firefighter k. Request for Authorization to Advertise for Bids for the Replacement of the 1978 Fire Dept. Pumper 1. Ratification of Fire Department Appointments m. Approve Plans Specs /Authorize Ad for Bid for East Side Watemiain Improvements, City Project 320 n. Receive Letter Appealing of Board of Appeals Decision: Richard Cliff's Density Calculation o. Sergeants Labor Agreement for 2002 2003 p. Authorize Purchase of Police Department Vehicle 6.a. Minutes of March 20, 2001 Regular City Council Council Member Cisewski requested that the minutes of March 20, 2001, be amended to reflect the Port Authorities conclusions at their recent meeting. Page 2, last paragraph would amend item 1) to read, "The Port Authority may seek, wherever possible, to acquire private property from a willing seller." MOTION by Cisewski to amend the March 20, 2001, City Council minutes to reflect the Port Authorities conclusions on CDBG funds. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. 6.i. Restriction on the Use and Sale of Phosphorous Lawn Fertilizer Council Member Cisewski noted that a resolution is not an enforcement tool, so possibly this resolution is coming too far ahead of education. Cisewski noted two options; to table this item, or, show support but not in the form of a resolution. Consensus was that there should not be any restrictions at this point. Council Member Klassen noted that this was intended to support new legislation however, the deadline requested by the letter from Shoreview had passed so it would seem a mute point. Mayor Busho directed staff to continue working on the fertilizer issue, but not to duplicate Dakota County's efforts. No action was taken. Centex Bloomfield Minor Planned Unit Development Amendment City Planner Pearson reviewed the minor amendment to CMC's approved PUD that Centex proposed. There have been several improvements to the plan. All of the single family lots that previously fronted on Bloomfield Path have been reoriented and will have driveways to applicable local streets. The carriage homes (quads) are consistent in number with the "mansion homes" of the original concept, but there is more space between them and the railroad tracks. The housing type is consistent with the original concept. There will be 280 single family lots and 76 carriage homes. There are no variances. The rezoning will require a public hearing at the Planning Commission and it is usually done after the preliminary plat is approved. MOTION by Klassen to adopt A RESOLUTION APPROVING THE MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR BLOOMFIELD. Second by Edwards. Ayes: Klassen. Cisewski, Busho, Edwards. Nays: None. Motion carried. Council Member Edwards left the meeting ill at 8:10 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2001 Receive Bids /Award Contract Section 31 Sanitary Sewer Improvements, Phase 1 and 2, City Project 317 Acting City Engineer Weiss recommended the low bidder, Richard Knutson, Inc. of Shakopee, Minnesota in the amount of $279.015.66. Six bids were received. MOTION by Cisewski to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT FOR SECTION 31 SANITARY SEWER IMPROVMEENTS, PHASE 1 AND 2, CITY PROJECT 317. Second by Klassen. Ayes: Cisewski, Busho, Klassen. Nays: None. Motion carried. Receive Bids /Award Contract for Standby Generator for Well #9 and SCADA System Update for Rural Water System Acting City Engineer Weiss reviewed the SCADA system that would operate the rural wells and new water tower during a power failure and the standby generator, which would back -up Well #9 in case of an electrical failure. There were two bids. The low bidder was Electrical Installation Maintenance, Inc. of Maple Plain, Minnesota in the amount of $100,600.00. Weiss recommended this bid. MOTION by Klassen to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT FOR STANDBY GENERATOR FOR WELL #9 AND SCADA SYSTEM UPDATE FOR THE RURAL WATER SYSTEM. Second by Cisewski. Ayes: Busho, Klassen, Cisewski. Nays: None. Motion carried. St. ,Joseph's Church and Education Center Development Concept City Planner Pearson reviewed the concept plans for the St. Joseph's Church in the southeast corner of Connemara Trail extended east to Biscayne Avenue. The Planning Commission held a Public Hearing on March 27 and had one property owner, who is developing land abutting to the southeast, comment on development of ponds close to the property line. Staff and the Planning Commission recommend approval of the concept plan. Mr. Mitchell, a representative of the Church Planning Committee, sited the requirements they looked 4 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2001 at for a site: 1) 25 -30 acres, look ahead to community needs 2) accessibility 3) utilities close 4) centralized in the community to best serve everyone and 5) beautiful building. Mitchell noted that if Council had any reservations about moving ahead with this location and concept plan the Committee would like to know now rather than at the re- zoning point of planning. Council did not foresee any reason the project would not go forward. Parks Recreation Director Schultz said the Parks Committee has met with the Church and they discussed possible joint use agreements for ballfields. This is premature, but the Committee is willing to work through the process and continue cooperative efforts. Mayor Busho asked City Engineer Weiss about street alignments. Access points in the concept plan work well. Connemara Trail will have to he extended past the railroad tracks. The alignment of Connemara Trail needs to incorporate a possible over -pass for the railroad. There will be a substantial cost for this development. Council Member Klassen noted that she will miss the Church on Highway 3. It has been a landmark and entrance into Rosemount. Mayor Busho asked about how the building will be used after the new church is built. Mitchell said it will take several years to determine and the church may find a use for it. But, generally it is up to the pastors and parishioners to decide. A sixth condition was added to the resolution: 6. Development in Phase 2 shall be consistent with the Comprehensive Plan and compliant with the applicable zoning. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE CONCEPT FOR ST. JOSEPH'S CATHOLIC CHURCH AND EDUCATION CENTER DEVELOPMENT PLAN. Second by Klassen. Ayes: Klassen. Cisewski, Busho. Nays: None. Motion carried. Amendment to Water Meter Installation Policy City Administrator Burt niet with the Utilities Commission at a regular meeting where this new technology was discussed. This is a radio read method which allows large areas, several blocks, to be read at the same time. This amendment will also initiate installation of the water meters by the contractors, not city staff. This will reduce staff time significantly. This is the first reading of the Ordinance amendment and it will be considered at the next City Council meeting. Commission Orientation City Administrator Burt noted that the newly appointed Commissioners have been talking with department heads to bring them up to speed on projects. They, along with all city commissioners are invited to attend an orientation meeting which reviews city policies and goals. Mayor Busho suggested the date of April 18' at 7:00 p.m. City Attorney LeFevere and Burt agreed to that date. MOTION by Busho to set a special meeting for an all commission orientation on April 18, 2001, at 7:00 p.m. Second by Klassen. Ayes: Cisewski, Busho, Klassen. Nays: None. Motion carried. 1 1 Announcements ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2001 Mayor Busho reviewed the up- coming meetings. The Fire Department is holding a benefit spaghetti dinner on April 7 Burt noted that a special meeting may be set for April 25 as a work session. Mayor Busho adjourned the meeting at 8:44 p.m. The City Council Agenda Packet is Clerk's File 2001 -12. Respectfully submitted, Linda Jentink, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE APRIL 11, 2001 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on April 11, 2001, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Cisewski and Riley present. Staff members in attendance were City Administrator Tom Burt, Parks Recreation Director Schultz, and Acting City Engineer Weiss. Dakota County Shop Update Interim City Engineer Bret Weis presented his April 6, 2001 memo addressing 12 points. The Council preference was for Option 1. which makes the County responsible for 100% of all associated costs. Weis indicated that staff had met with the staff from the Metropolitan Council and the extension of sewer to the proposed shop would be calculated against Empire Township and not Rosemount's allocation. Weis informed Council that as he prepared his report he did identify there is currently an error in the city's comprehensive plan and the City will need to ask for a Comp Plan amendment for additional sewer capacity at the Empire waste water treatment plant. The City Council directed staff to prepare agreements between Dakota County and the city to provide for sewer and water to the proposed site. The Council directed staff to also include that the agreement approval would be conditioned on only providing service to the north 40 acres of the site, that a joint powers arrangement he included for the City to use the County's salt storage facility, and all costs of construction is the responsibility of the County. Commission By -Laws Council reviewed the proposed changes and made additional changes to the by -laws and related documents. Staff will make the changes and bring it hack to a future Council meeting for approval. RAAA Concession Building Parks and Recreation Director Schultz informed Council of a request by the RAAA traveling baseball team to support their fund raising with a storage- concession building at Shannon Park. Council directed Schultz to advice RAAA that this will be part of the Parks Master Plan process and a decision will be made as part of that report for any additional facilities at Shannon Park. Decision Resources Citizen Survey City Administrator Burt passed out the most recent copy of the survey and asked that the Council review the questions and get back any changes to Paula next week. Mayor Busho asked that all comments by Council be turned into Paula by Tuesday, April 17, 2001 by 4:30 p.m. City Hall Update Administrator Burt gave a quick update to inform Council that the project bids are due on April 18, 2001 and they will be presented to Council on April 25 at a special work session where funding for this project as well as street projects will be discussed. 1 Other Discussion a. Record Work Sessions Mayor Busho indicated that she would like work sessions audio recorded. There was consensus that future meetings will have the audio portion of the meetings recorded. b. Administrator Evaluation Mayor Busho informed Council that she would work with Paula to discuss salary ranges and review the process that will be followed. c. Facilitator Mayor Busho introduced the idea of bringing in an outside facilitator to work with the Council. The facilitator would work on consensus, teambuilding and respect of Council. Staff was directed to contact Government Training Services and ask that they provide names of possible facilitators. The meeting was adjourned at 9:00 p.m. The City Council Agenda Packet is Clerk's File 2001 -13. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE APRIL 11, 2001 Respectfully submitted, Thomas D. Burt, City Administrator 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 17. 2001, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Police Chief Kalstabakken. Parks Recreation Director Schultz, Interim City Engineer Weiss and Consulting Engineer Mark Erichson from WSB Engineering. The meeting was opened with the Pledge of Allegiance. Council Member Riley added an item to New Business to the agenda, 10.h. Facilitator Selection. Also additional information was provided for item 6.a. Minutes of April 3, 2001 Regular City Council Meeting. 9. Public Hearing: Amendment to Off -Sale Liquor License, and 10.a. Selection Policy Amendments. Public Comment Response to Public Comment ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2001 Steve Casey, 15455 Danville Avenue, requested City Council to reconsider the downtown streetscape project. Casey thought the light poles are too close, their distance apart should be cut in half and alternated with the other side of the street. The brick pavers do not endure winters well and are covered by snow out of sight most of the year, therefore unnecessary. The burying of electrical lines are a financial burden to the affected businesses.. Harry Willcox, 14674 Danville Avenue, was against the proposed downtown streetscape. Willcox reviewed past downtown plans and believed it is very hard to keep businesses vital. Willcox stated this added expense of assessments to businesses would he economic suicide. City Attorney LeFevere responded to the Planning Commission removal of Kim Shoe Corrigan. LeFevere quoted the Minnesota Statutes Section 412.111, "The council may, except otherwise provided, remove any appointive officer or employee when in its judgement the public welfare will be promoted by the removal." The public welfare is determined in the Council's judgement. Policy and political decisions are considered. LeFevere stated such general reasons as: replacing a democrat on the Planning Commission with a republican, being too friendly or too hostile, not sufficiently creative, or full of impractical ideas, or not compatible with other members. There is no legal requirement that the City Council snake findings or formally state reasons or justification for its decision. Council Member Riley thought that a reason should be stated, and noted that she had no knowledge of why Kim Shoe- Corrigan was removed from Planning Commission. Riley did not see this action as "in the pubic interest." Riley has heard extensive support for Kim in the community. Kim is to he applauded for her attributes: strong leadership skills, good judgement. and professionalism. Riley's fact finding of the action does not support the removal of Kim Shoe Corrigan. Riley stated this is our loss and in poor judgement. Arbor Day and Arbor Month Proclamation Parks Recreation Director Schultz presented the proclamation for Arbor Day and Arbor Month as part of the Tree City USA membership requirements. The City of Rosemount has been a member for nine years. Arbor Day is May 5' and a limited number of free trees will be available for Rosemount Residents. This is usually very well attended. MOTION by Edwards to approve the proclamation identifying May 5, 2001 as Arbor Day and the month of May as Arbor Month. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. National Playground Safety Week Proclamation Bid for Play Equipment at Birch Park ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2001 Parks Recreation Director Schultz presented the first year for Rosemount to participate in the national program for Playground Safety. The proclamation states that April 23-27. 2001 will be Playground Safety Week when everyone is asked to focus on their local playground and report back to the Parks Recreation Department if any repairs are necessary. MOTION by Riley to approve the proclamation identifying April 23 -28, 2001 as Playground Safety Week in Rosemount. Second by Cisewski. Ayes: Klassen. Cisewski. Busho. Riley, Edwards. Nays: None. Motion canied. Parks Recreation Director Schultz reported that new equipment has been bid for Birch Park in Bicayne Pointe neighborhood. A neighborhood meeting was held and input received regarding the type and style desired. The Parks Recreation Commission did review the bids and recommend Miracle Recreation Company. It would be installed the first week in June. MOTION by Cisewski to approve the proposal submitted by Miracle Recreation for play equipment at Birch Park. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: none. Motion carried. Consent Agenda Council Member Klassen pulled Consent Agenda Items 6.a. Minutes of April 3, 2001, Regular City Council and 6.g. Approval of Subdivision Agreement for Carrousel Plaza Addition and 6.h. Approve Plans and Specs/Authorize Ad for Bid for Carrousel Plaza Street Utility Improvements, City Project 322 pulled for discussion 2 1 1 1 6.a. Minutes of April 3, 2001 Regular City Council ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2001 MOTION by Klassen to approve the Consent Agenda with a revision to Item 6. a. Minutes of April 3, 2001 Regular City Council and removing for discussion Items 6.g. Approval of Subdivision Agreement for Carrousel Plaza .Addition and 6.h. Approve Plans and Specs /Authorize Ad for Bid for Carrousel Plaza Street Utility Improvements. City Project 322. Second by Edwards. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. a. Minutes of April 3, 2001 Regular City Council Amended b. Bills Listing c. Amend Purchasing Policy d. Gambling Premise Permit e. Revisions to Personnel Policy f. Set Special Meeting for a Work Session, April 25, 2001. 6:30 p.m. g. Water Meter installation Policy Amendment, Second Reading h. Approval of Subdivision Agreement for Carrousel Plaza Addition Pulled for discussion i. Approve Plans and Specs /Authorize Ad for Bid for Carrousel Plaza Street Utility Improvements, City Project 322 Pulled for discussion j. Addition of Municipal State Aid District Streets k. Award Bid for Sale of the Olympia Ice Resurfacer 1. Rejection of Bids for Playground Equipment at Dallara Park m. Contract Renewal for Superior Services n. Minutes of April 11, 2001 Committee of the Whole Council Member Klassen requested that the minutes of April 3. 2001, be amended on page three after "new legislation" to state, "the deadline of the letter from Shoreview had passed." MOTION by Cisewski to amend the April 3, 2001, City Council minutes on page three after "new legislation" to state, the deadline of the letter from Shoreview had passed." Second by Edwards. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. 6.h. Approval of Subdivision Agreement for Carrousel Plaza Addition and 6.i. Approve Plans and Spec's /Authorize Ad for Bid for Carrousel Plaza Street Utility Improvements, City Project 322 Council Member Klassen asked if the City Attorney had reviewed these agreements and his thoughts on it? LeFevere noted that the process of having the developer pay for infrastructure is still in the evolutionary stage. This agreement gives the risk to the developer at no cost to the public. and no 429 debt. The developer will make funds available when they are due to the contractor and provide a Letter of Credit for the estimated cost plus 10 °A. Developer Thomas VonBische from Heritage Developers reported that this was made clear to him by a phone conversation and he is agreeable to it. VonBische thanked the City for the play equipment for the neighborhood park. MOTION by Edwards to approve Items 6.h. and 6.i. from the Consent Agenda, Approval of Subdivision Agreement for Carousel Plaza Addition and Approve Plans and Spec's /Authorize Ad ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2001 for Bid for Carrousel Plaza Street Utility Improvements, City Project 322. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Mayor Busho explained the Public Hearing process for the audience. The City Clerk indicated that the affidavits of published and posted notice were on file for all three public hearings. PUBLIC HEARING: 2001 Street and Utility Reconstruction Improvements, Dodd Blvd., Danville Ave. City Project 326 Acting Engineer Weiss reviewed the planned improvements for Dodd Boulevard, Dallara Avenue, and Delft Avenue, which would include completing a loop for the watermain and changing it from 6 inch to an 8 -inch watermain. The bike path would also be completed on the south side of the street. Danville Avenue is being consider to add into this years reconstruction because of the flooding problems last year and complaints on the watermain system there. Twin Puddles pond would be excavated in order to hold more runoff water. Mayor Busho noted that the Utilities Commission has not discussed including Danville Avenue. The costs for Danville Avenue would cone from the general fund. Clarification questions were asked. Harry Willcox, 14674 Danville Avenue, asked why the FEMA flood money couldn't be used to pay for this project? Police Chief Kalstabakken said the only funds they received were for expenses already incurred. Willcox asked why you would pump water from the north pond to the south pond? Would a parking lot bring contamination to the pond water. Weiss responded that Twin Puddles Ponds do not have an outlet. which is needed, and that a parking lot does not pose a threat to pond water. Tom Piekarski, 14800 Dodd Boulevard, asked how many feet of easement are needed? Weiss noted it is 17 feet along the front lot line. Piekarski did not want to hook up to city water. Ordinance XI.1 established the policy in 1970 stating that when \rater was available to a property it would be required to hook up to it within two years. Mayor Busho opened the floor for public comments. Harry Willcox, 14674 Danville Avenue, was for the Dodd Blvd. and Danville Ave. portion of the project. but not the changes to Twin Puddles. Tim and Zimma Zamanovic, 14915 Danville Avenue, would like the improvements done this year. Waiting would only increase the costs. Zemanovic would like the priority for Twin Puddles to be a park rather than a holding pond. He noted that Dallara Park needs new play equipment. Blane Voigt, 14833 Danville Avenue, would like Danville Ave. improvements done this year. Dermis Heinzen, 14587 Danbury Avenue, commented that he would like to see the improvements done and that staff did a super job repairing the street after the flood last year. 4 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2001 Tom Piekarski, 14800 Dodd Boulevard, said he would not mind the easement for the bike path if he doesn't have to hook up to water. Piekarski is satisfied with his well water and can't justify the expense to have city water. Piekarski noted the frequent number of car accidents at the corner of Dodd Blvd. and Shannon Parkway. Piekarski also observed that the culvert by his property never has water running in it. Acting City Engineer Weiss said the speed limit and signs posted are set by a state traffic commission. The [umber of vehicles counted at the intersection of Dodd Blvd. and Shannon Pkwy. are not high enough yet to make any changes. Parks Recreation Director Schultz said that Dallara Park will have new play equipment in by June 10 The Twin Puddles play equipment was taken out about 7 years ago. The people using the bike path will have to cross at Dodd Blvd. and Shannon Pkwy, so it may be wise to consider a stop sign there with a pedestrian crossing. Edwards sensed that those at the informational meeting did want the water system taken care of. There was no one there against the project. Discussion was held on different ways to divide the project. Cisewski was in favor of limiting any construction delays. but would allow the Utilities Commission to give input. MOTION by Edwards to close the Public Hearing for the 2001 Street Utility Reconstruction Improvements, City Project 326. Second by Klassen. Ayes: Klassen. Cisewski. Busho, Riley, Edwards. Nays: None. Motion carried. MOTION by Edwards to table consideration of the 2001 Street Utility Reconstruction Improvements, City Project 326 to a work session following the Utilities Commission's review May 9 Second hv Klassen. Ayes: Cisewski. Busho, Riley, Edwards. Klassen. Nays: None. Motion carried. Mayor Busho called for a five- minute break at 9:15 p.m. The meeting was reconvened at 9:20 p.m. PUBLIC HEARING: Appeal of Denial for Land Division for Richard Cliff City Planner Pearson reviewed staff's interpretation of the density rules used with the platting of Stonebridge and Stonebridge Second Additions from the 160 acres owned by Richard Cliff. Cliff has a buyer for 40 acres now and would like to divide his remaining 79.54 acres in the Agriculture District. The Agriculture district residential density is one unit per forty acres. which staff interprets to he a minimum. Attorney Vance Grannis, Mr. Cliffs attorney, is requesting that the City "round upwards" from the79.54 acres to the full 80 acres. Staff does not believe that the ordinance allows for such discretion. The Planning Commission reviewed this and upheld staffs interpretation with a 3 to 1 vote. City Council does have the final word to clarify city planning code interpretation. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2001 Attorney Vance Grannis. Mr. Cliff's attorney, argued that case law shows that many townships and municipalities have in the past used the closest whole number when figuring density, just because it makes sense. Council did not want to set a precedent. Klassen noted this area is going to be Urban Reserve in the future MUSA area, which would increase the density. It was suggested that an area variance might be applied for with the Planning Commission. Grannis asked if the fee for the appeal could be credited to the variance application. Consensus was that the fee could not he transferred. Mike McMenomy, 1838 Fairmont Avenue, St. Paul, owns the faun next to Rich Cliff which he fanned for 41 years. Rich has been the best neighbor. Rich is 70 years old, a fine man, who is being put through a lot for land that he now needs the value of for his retirement. John Remkus, 13040 Akron Avenue, asked for reasonableness. Less than '/2 of one percent makes up the difference short of the 80 acres. Human judgement calls for fairness for society as a whole. Remkus asked that Council make this happen tonight. Richard Cliff, 12523 Akron Avenue, noted that his abstract says 80 acres. He pays taxes on 80 acres. Cliff asked Council to reverse staff's decision so he could sell his land. Wayne Groth, 14560 135 Street East. was in favor of Rich Cliffs request. Bob Hawkins, 1110 124 Court, was in favor of the land division. Hawkins asked Council to do what was reasonable and fair. Tamara Hamelen, 4731 West 129 Street, Savage, thanked the audience for their backing of her father, Rich Cliff. She said her Dad would give his shirt off his back for anyone. Hamelen stated, "This land is her Dad's pension plan and he should be allowed to sell it." Pat Iverson, 1145 124 Court West, requested Council to do what was right. He was in favor of Cliff. Denise Travers, 12467 Biscayne Avenue, noted that a little bit of good can go a long way. Travers was in favor of the land division. Jim Powell, 12311 Akron Avenue, said there was such a small amount of difference from the 80 acres, it is common sense to approve the lot division. Mark DeBettignies, 4125 153 Street, said if Cliff pays taxes on 80 acres, he should be allowed this lot division. Myron Napper, 3381 145 Street East, a Planning Commissioner, but representing only himself this evening, recommended the approval of the Cliff land division. MOTION by Edwards to close the Public Hearing for the Appeal of Denial for Land Division for Richard Cliff. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2001 City Attorney LeFevere noted that the process for a minor subdivision, not a lot division, with a public hearing would he necessary. Pearson noted that could be accomplished in 30 days. The Council discussion showed that they were not opposed to the sale of the Cliff land, but they were not comfortable with rounding to whole numbers to satisfy specific rules. MOTION by Edwards to affirm the Planning Commission's recommendation and direct staff to prepare findings of fact supporting the staff interpretation of the maximum density standards of the Agriculture district specified in the zoning ordinance. Second by Cisewski. Ayes: Riley. Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. PUBLIC HEARING: Application for Amendment to Off -Sale Liquor License Shenanigans Off -Sale City Clerk Jentink reviewed the application by Fritz Dolejs, the owner of Shenanigans on and off sale liquor establishment at 14605 South Robert Trail. Dolejs has a new building at 15047 Crestone Avenue to house the entire off -sale liquor business. This off -sale liquor business will be managed by Sarah Dostle who currently manages both the off -sale and the on -sale liquor businesses in Rosemount. The on-sale liquor business will continue at its present site, 14605 South Robert Trail. Jentink noted that the new building is very attractive and that it will be a good addition to the business district along County Road 42. There were no public comments from the audience. MOTION by Edwards to close the Public Hearing Application for Amendment to Off -Sale Liquor License Shenanigans Off -Sale. Second by Klassen. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to approve an amendment to the location of the Off -Sale Liquor License for Shenanigans to 15047 Crestone Avenue begimring May 1, 2001 pending insurance and a Certificate of Occupancy for the new building. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Selection Policy Amendments City Administrator Burt reviewed the changes to the Selection Policy, Open Appointment Application Form, Commission by -laws, and Port Authority changes by resolution as directed by City Council at the April 3 `d meeting. MOTION by Cisewski to approve changes to the Selection Policy, approve a Resolution Relating to the Rosemount Port Authority Amending Resolution 1991 -53, and changes to all the commission's by laws. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. 7 Amendment to City Code 7 -5, Bows and Firearms Police Chief Kalstabakken asked Council to consider moving the hunting division line further east. Hunting could endanger people if it is too near residential development. It is recommended to move the line dividing hunting from non hunting areas to Akron Avenue. There are a few family rural properties (Mclvlenomy's, north of CR 38) which desire to retain hunting to manage wildlife. They are not near the new residential development but are on the west side of Akron Avenue. Council may consider a special permit for these interested residents. It is also recommended that for target practice a suitable backstop should be required as indicated in the Ordinance amendment. Council requested community input from the Police Chief at the next meeting and a comparison to other communities. No action was requested at this meeting. The second reading will be at a future meeting. Facilitator Selection Council Member Riley requested at the April 11 work session that an outside facilitator be hired to build consensus and work on team building. Two names were recommended to City Administrator Buri, Barbara Arne and Carl Nue, as facilitators. Klassen and Edwards did not agree that $4,000 should he spent for this. Klassen noted that four of the council members have been through Blandin Institute training. which was very intensive. Riley would like to include staff since there are new staff members as well. City Administrator Burt noted that most cities have a yearly meeting for goal setting and team building. It is meant to be fun and encouraging. The consensus was to gather more information and address this at a work session. Mayor Busho adjourned the meeting at 11:13 p.m. /2-z6 Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2001 -14. 8 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2001 Respectfully submitted, ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 18, 2001 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Wednesday. April 18. 2001. at 7:00 p.m. in the Council Chamber at City Hall. 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Cisewski, Riley. and Klassen present. Also present were City Attorney LeFevere, and City Administrator Burt. City. Commissioners present were as follows: Planning Commission: Myron Napper, Jeff Caspar, Jana Carr Weerts. Jeff Arveson, Jeff Weisensel; Port Authority Sheila Klassen. Cathy Busho, Ena Cisewski, and Mary Riley; and Parks Recreation Commission; Jason Scribner, Mark Jacobs. The purpose of the meeting was to review with all city commission members the mission and vision statements for the City of Rosemount, inform them of staff and consultant services. and review legal issues affecting their positions. Mayor Busho introduced City Adnunistrator Burt and City Attorney LeFevere. The Vision Statement and Mission Statement were reviewed and are stated for the record as follows:; "Rosemount offers the opportunities to live, work, shop, play, and learn while maintaining its unique historical background, and continues to enhance its small town character and pride through neighborhoods, parks, downtown, schools, and community activities. and "The City of Rosemount and its citizens work together to provide a safe, healthy, pleasant community in a fiscally responsible manner." City Administrator Burt reviewed the organizational chart for the City, the purpose of each commission. views of how commissions interact with City Council, and use of staff. City Attorney LeFevere presented information on the Code of Ethics, open meeting law, gift law, conflict of interest, and Data Practices Act. Mayor Busho adjourned the meeting at 8:30 p.m. The City Council Agenda Packet is Clerk's File 2001 -15. 1 Respectfully submitted, 71G 7 Thomas D Burt. City ROSEMOIJNT CITY PROCEEDINGS SPECIAL CITY COUNCIL MEETING APRIL 25, 2001 Pursuant to due call and notice thereof the duly noticed Special Meeting of the Rosemount City Council was held on April 25, 2001, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Councilmembers Klassen, Cisewski and Riley present. Staff members in attendance were City Administrator Tom Burt, Finance Director May, and Acting City Engineer Weiss. Marcotte Pone Staff gave an update on actions taken with respect to pumping the pond. Because the city is currently outside of the easement the pond is being pumped to Birger Pond. Council directed staff to contact Koch to use their higher capacity pumps so the pond could be pumped at a faster rate. Staff will also work with CPDC to determine what additional work they can do on their site to reduce possible impact. Project Funding City Administrator Burt presented the information on how each project would be funded. Burt stated the City is currently in the best financial position it has ever been and recommended all three projects could be done in 2001 with the use of funds identified in the staff report. Council directed staff to move forward on all three projects and to bring the projects forward for council consideration at a future meeting. Updates City Administrator Burt updated the Council on a recent action at the Planning Commission to uphold staff interpretation of the ordinance that does not allow for a resident to keep three monkeys as pets. Staff informed the Council that the current ordinance that deals with animals does need to be updated and staff is currently working on a new ordinance. Staff explained that the applicant has the ability to appeal however, recommended that no enforcement take place until a new ordinance is reviewed. Council directed staff to inform the applicant that staff was making changes to the ordinance. Council asked staff to prepare a draft ordinance before the first of the year. Administrators Evaluation Council consensus was to use the Performance Standards method that was used last year and at the May 15. 2001 regular meeting the standards would be discussed in a Closed Session. Council felt pay is a separate issue from performance and that they should be addressed at a different meetings. The meeting was adjourned at 9:00 p.m. The City Council Agenda Packet is Clerk's File 2001 -16. 1 Respectfully submitted, 7z Thomas D. Burt, Ci•• Admi.' trator 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. May 1. 2001, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Police Chief Kalstabakken, Parks Recreation Director Schultz, Acting City Engineer Weiss, and Finance Director May. The meeting was opened with the Pledge of Allegiance led by Finance Director Jeff May. Council Member Klassen added an item to the agenda to New Business 8.a. Stop Sign on Claret and 156 Street. Council Member Riley added item 8.h. Business Council Letter Response. Riley requested that plaques be issued to past commissioners and the Mayor responded that it is being implemented. Also additional infomtation was provided for items 6.d. Receive Bids/Award Contract for East Side Watermain, City Project 320: and item 8.c. Cooperative Agreement. for Dakota County Shop. City Administrator Burt requested that two items he removed from the agenda. item 6.e. Set Public Hearing for Associated Wood Products and item 7.6. Conmtercial District Zoning Regulations Traditional Downtown Overlay District. These changes were applied to the agenda. Public Comment Darlene Terry, Ace Hardware owners, presented a letter from MNDOT showing a permit was received for their access driveways and that there is no grandfather clause on record. Reid Hansen, represented the Business Council, a group of Rosemount business owners, who got 350 signatures on a petition protesting the proposed streetscape for Highway 3. They requested that the streetscape project be put on hold so a compromise could be reached regarding highway accesses and design. A meeting was held with the help of State Senator Pat Pariseau and State Representative Denise Ozment at which Council Members Mary Riley and Ena Cisewski were present with the Business Council group. All of City Council was invited but due to the Open Meeting Law only two could attend. The Business Council is requesting another meeting as soon as possible. Mayor Busho noted that there are two items on the agenda regarding these issues. Tom Piekarski, 14800 Dodd Boulevard, had questions regarding the condemnation of his property. He protested that he had not been noticed sooner than two hours prior to the meeting. Piekarski questioned the $2.000 increase in his assessment, would he be forced to hook up to water, had City Council been aware of the changes to the hike path? Mayor Busho noted that the answers will be presented with the agenda item. Ken Marcotte, 12913 Shannon Parkway, presented a letter for the record, which stated their hope to keep the water level of their pond between 906 feet and 908 feet. They expect that the city will remove all sediment that resulted from flooding and that the city would take whatever action is necessary to improve the storm water system including stopping all building and grading in the 1 1 surrounding development area. Marcottes hold the city, city officials, and Contractor Property Developers C'ompanv responsible for property damage and property value. Response to Public Comment National Police Week and Peace Officers' Memorial Day ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 2001 Staff engineers responded to ten questions on the Highway 3 Improvements in written form. That is available on the back table in the Chambers. Police Chief Gary Kalstabakken presented a proclamation for the Peace Officers Memorial Day which started in 1962 honoring all who have died in the line of duty and the National Police Week, May 13 to 19, 2001. Activities will begin at Mankato May 6 to kick off a statewide program. A program will be held in St. Paul on Mav 1 5 at the State Capital, 12 and Wabasha. On May 16 there will be a Torch Run from 160 Street up Highway 3 through Rosemount. This will recognize the public service work diligently performed by the dedicated members of the Rosemount Police Department. MOTION by Cisewski to approve the proclamation identifying May 13 —19, 2001 as Police Week and May 15, 2001 as Peace Officers Memorial Day. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Certificate of Achievement in Financial Reporting Award Mayor Busho presented Finance Director Jeff May and his staff with the Certificate of Achievement for Excellence in Financial Reporting, a recognition for excellence in state and local government financial reporting. This is the fourth year that the City of Rosemount has received the award. The Certificate of Achievement is looked on ttnyorably by outside agencies when looking at the financial condition of a governmental agency. Congratulations staff. Consent Agenda Items 6.c. Receive Plans Spec's /Authorize Ad for Bid Evermoor 4 111 Addition Street Utility Improvements, Phase 2. City Project 333 for discussion and Item 6.d. Receive Bids /Award Contract for East Side Watermain. City Project 320 had additional information added which were the bid results. Then Item 6.e. Set Public Hearing for .Associated Wood Products was pulled by staff, not to be considered at this time, and Item 6 g. Receive Feasibility Report/Order Project /Order Plans and Specifications CSAII 42 Improvements (Diamond Path to Shannon Parkway) City Project 327 was pulled for clarification. MOTION by Edwards to approve the Consent Agenda pulling Items 6.c, and 6.g. for discussion and removing Item 6.e. Second by Klassen. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. a. Bills Listing b. Dallara Park Play Equipment Bid Award c. Receive Plans Spec's/ Authorize Ad for Bid Evermoor 4 Addition Street Utility Improvements. Phase 2, City Project 4333 See Discussion d. Receive Bids /Award Contract East Side Watertnain, City Project #320 e. Set Public Hearing Associated Wood Products Removed Completion of Probation g. Receive Feasibility Report/Order Project'Order Plans Specifications CSAH 42 Improvements (Diamond Path to Shannon Parkway) City Project #327 See Clarification h. Award Contract for Steel for City Hall Project i. Set Public Hearing Danville Avenue Reconstruction Improvements, City Project #326 j. Approval of PI ID Agreement Carrousel Plaza Townhomes k. Resignation of Employee ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 2001 Item 6.g. Receive Feasibility Report/Order Project /Order Plans Specifications CSAH 42 Improvements (Diamond Path to Shannon Parkway) City Project 327 Council Ivlember Riley noted that the Executive Summary presented this City Project number as 333 and on the agenda it was City Project number 327. Staff confirmed that the correct number is 327. MOTION by Edwards to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT, APPROVING THE PROJECT AND ORDERING THE PLANS AND SPECIFICATIONS FOR CSAH 42 IMPROVEMENTS, (DIAMOND PATH TO SHANNON PARKWAY), CITY PROJECT 327. Second by Cisewski. Ayes: Riley. Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Item 6.c. Receive Plans Spec's /Authorize Ad for Bid for Evermoor 4 Addition Street and Utility Improvements, Phase 2, City Project 333 Council Member Riley pulled this item believing that it should not move forward until the water problems are solved for residents surrounding this development. Klassen agreed and added that all building pennits should be held hack until other resident complaints are rectified. Klassen has had complaints of construction vehicles using residential streets and feels that the AUAR suggestions for erosion control are not being followed. City Administrator Burt said this had been a topic at the work session in April and several changes were implemented. City Engineer Weiss noted that two weeks ago the job and all contractors had been removed from the site until compliance could he demonstrated. They have added 4,000 feet of silt fence, a temporary dike is planned above Marcotte Pond, blockades have been placed across residential streets so large machinery is restricted, and the streets are swept weekly. Evermoor 4 Addition is developed by D.R. Horton and the watershed does not go toward Marcotte Pond. The forcemain needed for routine stormwater away from Marcotte Pond could be combined to this project in order to expedite a solution. Klassen noted her concern was not just for Marcotte Pond, but other urban residents as well. Weiss said that the big rainstorms of the summer of 2000 have 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 2001 brought this issue to me fore. Rosemount is land locked, it needs to complete its storm water system to allow the water to go somewhere. Development has pressed this need to complete the storm water system. The planned seeding and sod for last fall was not successful due to the early winter. The heavy snow caused lailure of many of the silt fences and the ponds became contaminated. Last Friday Weiss had a walk through with the Minnesota Pollution Control Agency (MPCA). They were encouraging and asked how they could help. No fines are recommended. The MPCA acknowledges the seasons have made it difficult for developers. Because of the extra moisture in the ground. the dike is not able to be completed now. Weiss has blocked with sandbags all water that mvouId llow into Marcotte Pond to stabilize it. Seeding with rye grass is planned for next week to check water runoff. When the forcemain and pump is in place the water will go to Schwarz Pond, which has overflow run to Erickson Pond. Klassen presented Council with e -mail copies from the MPCA and the DNR. Dave Hemple, the on site Evermoor Manager, reviewed the action that they have taken to correct many of these problems. The weather is a problem and the frost is just coming out of the ground. Hemple stated he is willing to work with the City and MPCA. Mayor Busho stated that the Utilities Commission has looked at the forcemain and would likely be agreeable to it. Weiss noted that there are weekly construction meetings where issues can be addressed and results monitored. Weiss also said that the pump required will take many months to obtain and likely the storm water drainage system would not be workable until spring of 2002. MOTION by Riley to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF BIDS FOR EVERMOOR 4 ADDITION STREET AND UTILITY IMPROVMENTS, PHASE 2, CITY PROJECT 333 and add a forcemain for Marcotte Pond. Second by Cisewski. Discussion was held. Cisewski removed her second. Discussion was held again. Second was made b Busho. Discussion ensued. Cisewski noted she was not opposed to either part of the motion, however she felt it would he better to have the Utility Commission consider this because of the project cost to the City. Busho removed her second. Motion died due to lack of a second. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF BIDS FOR EVERMOOR et ADDITION STREET AND UTILITY IMPROVMENTS, PHASE 2, CITY PROJECT 333. Second by Busho. Ayes: Cisewski, Busho. Naffs: Klassen, Riley. Present: Edwards. Motion failed. The Utility Commission will review all issues and make a recommendation to City Council for the Marcotte Forcemain. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 2001 Approve Plans and Spec's /Authorize Submitting of MNDOT for Consideration of TH 3 Street and Utility Improvements, City Project 318 Acting City Engineer Weiss reported that City Project 318 would be presented to the Minnesota Department of Transportation for their review and comments. A lter July 1 it will return to the City Council for consideration. MOTION by Edwards to adopt A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING SUBI\IISION OF THE PLANS TO MN /DOT FOR TH3, 145 STREET TO LOWER 147 STREET, CITY PROJECT 318. Second by Klassen. Ayes: Cisewski, Busho, Edwards, Klassen. Nays: Riley. Motion approved. Cooperative Agreement for Dakota County Shop City Administrator Burt explained that the agreement between Dakota County and the City of Rosemount to provide city water and sewer will he paid for entirely by Dakota County. The City will be allowed to purchase the County's salt/sand which will save the City from building a $100,000 storage facility which would have to meet MPCA's new standards for salt. The County facility project should start this fall and take one year to complete. The City will be designing the project, the County will hire a eontracter to complete the project. Council Member Cisewski was concerned that the truck washing facility there would use Rosemount sewer capacity. Burt said it would not, the sewer Clow will be attributed to Empire Township. which Metropolitan Council will control. Council Member Klassen stated she was against this project because of the 80 acre purchase the County made. They will use only 40 acres for this project but it is uncertain what development might happen in the future to the other 40 acres. Klassen was surprised at the policy change Metropolitan Council made in approving this zoning amendment. Klassen said this was a huge policy price to have to pay to receive sand and salt for the City. Mayor Busho said she had concerns, but cooperation between the County and other agencies is needed. Busho asked about the Rosemount businesses on 160 Street and if they had anv desire to hook to the sanitary sewer'' Weiss noted he had not been contacted by anyone, but there was one developable lot that will need it. A feasibility study would have to be done on extending Boulder Avenue. Council Member Edwards acknowledged that he and Klassen were not present at the work session regarding the request from Dakota County for water and sewer. Edwards sees policy issues similar to Northtield/Dundas all over again. Edwards was disappointed this hadn't been fully explored. MOTION by Riley to adopt A RESOLUTION REQUESTING A COOPERATIVE AGREEMENT PROJECT WITH DAKOTA COUNTY TO PROVIDE SANITARY SEWER AND WATER SERVICES TO THE PROPOSED COUNTY SHOP LOCATED SOUTH OF 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 2001 160 STREET IN EMPIRE TOWNSHIP. Second by Busho. Ayes: Busho, Riley, Cisewski. Nuys: Edwards. Klassen. Motion carried. MOTION by Riley to adopt A RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE DAKOTA COUNTY SHOP SANITARY SEWER, CITY PROJECT 332 contingent upon County approval. Second by Busho. Ayes: Riley, C'isewski, Busho. Nays: Edwards, Klassen. Motion carried. Discussion ensued regarding the need for water use incorporated into the motion. Weiss explained that City water is in 160 Street and would only require a simple permit in order to have the County hook up to it. Authorization for Condemnation for Easement on Thomas and Sharon Piekarski Property Acting City Engineer Weiss presented a map showing a revision to the bike path, so that it would jog around the Piekarski property except on the corner. A temporary easement will he needed to provide the proper slope for the path way and a permanent easement on the corner. Piekarski approached Weiss earlier to trade the right -of -way for not hooking up to the water stain. This would not be an option because it is against City policy. Negotiation is possible at any time before the condemnation is complete. Weiss apologized for the late notice Piekarski received of this meeting. Most of the City Council was aware of the bike path changes and it was reviewed with the City Administrator Burt. The assessment was increased because the street improvements were added in. City policy would require Piekarski to hook up to water within two years. The Danville Street improvements that may be added into this project are going to the Utilities Commission for review May 7, 2001. MOTION by Edwards to adopt A RESOLUTION AUTHORIZING ACQUISITON OF EASEMENT BY EMINENT DOMAIN. Second by Cisewski. Ayes: Edwards. Klassen, Cisewski, Riley. Nays: None. Present: Busho. Motion carried. Stop Sign on Claret and 156 Street Council Member Klassen would like to take action on the staff report which showed that warrants direct that a stop sign is needed at Claret and 156 Street which only has a yield sign at this time. It was also noted that a mature tree is in the sightline triangle and should be removed. Klassen requested a neighborhood meeting to inform all those interested and then move forward with the improvement. MOTION by Edwards to direct staff to hold a neighborhood meeting to inform the neighbors about the warrants, tree removal. and new stop sign. Second by Cisewski. Ayes: Edwards. Klassen, Cisewski. Busho, Riley. Nays: None. Motion carried. 6 1 Business Council Letter Response Announcements Mayor Busho adjourned the meeting at 9:43 p.m. The City Council Agenda Packet is Clerk's File 2001 -17. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 2001 Mayor Busho informed staff that she has been contacted by residents requesting stop signs at 151 Street/ Cimarron Ave. and Dodd Road/Shannon Pkwy. (a four -way stop). Busho asked staff to look into these areas. The Rosemount Business Council had delivered a letter to City Council last week requesting a meeting where they could be heard. Council Member Riley requested a date from Council to set a meeting to restore trust and repair bridges. Riley quoted from a League of Mitmesota Cities booklet, "government should insure open government to encourage input from all affected." Mayor Busho noted that adequate notice is needed to allow for the Open Meeting Laws. Busho reviewed how a focus group starting in 1996 held many open houses at city hall. contacted business owners one on one, and held many public meetings at Port Authority. Planning Commission, and City Council. Council Member Edwards cautioned about special interest groups such as the City of Minneapolis who was accused of favoritism by creating a special vehicle for a special group. All interested citizens are welcome to attend public meetings. Council Member Cisewski and Klassen also thought that the Business Council has had very many opportunities. Riley argued that the Business Council felt they had not been heard and it would he respectful to meet with them to foster better relations down the road Council Member Cisewski noted that it's not that she has not heard the group, but the process has moved forward and decisions have been made. There are future open meetings planned to review the downtown streetscape after it is reviewed by MnDot and the Rosemount Business Council is welcome to attend. No further action was taken. Mayor Busho reviewed the up- coming meetings. Council Member Riley noted that Prayer for the Nations will be held on May 3 5pnt to 9 p.m. at the High School. Busho will be attending a related Prayer for the South Suburban Area in Burnsville May 3, at 6 p.m. Respectfully submitted, Linda Jentink, City. erk 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MAY 9, 2001 Pursuant to due call and notice thereof a Committee of the Whole Council Meeting was held on Wednesday, May 9, 2001. at 6:30 p.m. in the Council Chambers. Mayor Busho called the meeting to order with Councilmembers Klassen, Riley and Cisewski present. Also in attendance were City Administrator Burt. City Planner Pearson, and Engineer Dave Hutton from WSB Engineering. Hwy 3 Overlay Project, 145 Street to Lower 147 Street Dave Hutton. consulting engineer from WSB, presented the proposed street lighting plans. Hutton and staff recommended that there has been concern with the spacing of streetlights on the first phase and presented a reconunendation to increase the spacing to an average of 125 to 150 feet. City Council liked the new spacing and directed staff to proceed with preparing the street lighting plans at the recommended spacing. Staff also asked for Council direction on banner arms, flag holders, plant hangers, irrigation and electrical outlets. Council consensus was to include flagpole hangers and electrical outlets, banner arms will be ordered separately and there will not be plant hangers. Staff asked Council for direction on if pavers should be part of the second phase of the Highway 3 projects between 145 and Lower l47 h Streets. Council direction was to eliminate the pavers and as part of Phase 2 to bid an alternate for the removal of the pavers in the first phase and replace it with concrete. Commercial Zoning Districts Amendments Staff discussed a possible request by a church to become a conditional use in the C -4. General Commercial District. Council members present were not in support of the request. In addition, staff updated the Council on issues related to automobile sales established on the Evergreen Gardens site. Council members present discussed the likelihood of this use becoming non- conforming. Council then discussed specific revisions of the Commercial Zoning and the Traditional Downtown Overlay Districts. Changes including: adding qualifying" language and editing out several of the proposed uses from the Commercial Districts. Lowered maximum heights for lighting standards were also discussed. Because of severe weather during the meeting, the audiotape was stopped and the meeting was moved to a safer location in the building. City Administrator Performance Standards Council presented Butt with performance standards. Council directed Burt to prepare his work plan for review at the June work session and schedule an executive session at the May 15, 2001, regular City Council meeting to discuss a salary adjustment. The work session adjourned at 10:00 p.m. 1 1 The City Council's Agenda packet is Clerk's File 2000 -18. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MAY 9, 2001 Respectfully submitted, Rick Pearson, City Planner ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 15. 2001, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards. Also in attendance were City .Administrator Burt, City Attorney LeFevere. Community Development Director Parsons, City Planner Pearson. Police Chief Kalstabakken, Parks Recreation Director Schultz, and Interim City Engineer and Public Works Director Weiss. The meeting was opened with the Pledge of Allegiance. Additional information was presented to Council. Item 6.e. included the hid results from Friday, May 11, 2001. An add -on was requested for Response to Public Comment: Driveway Access for Ace Hardware. Public Comment Chuck Terry, owner of Ace Hardware, had concerns about the Commercial Zoning changes. One change is limiting outdoor sales and display of merchandise. Terry asked for clarification of a required yard and truck trailer parking. Terry explained that with a major promotion with a demonstration trailer, it might be parked for one week, not 48 hours, as the regulations require. Mayor Busho noted that this will be discussed on an Old Business item tonight. Harry Willcox, 14674 Danville Avenue, suggested that the removal of Planning Commissioner Kim Shoe Corrigan was a step backward by making commissions politically motivated again. Willcox stated that a stop sign is needed on Dodd Avenue and Shannon Parkway near the Fire Station. Willcox felt this was a very dangerous intersection. Kenneth Marcotte, 12931 Shannon Parkway, was concerned about the water level on his property. He requested that the city not move forward with any development in Evermoor until that water level can be determined. A surveyor was hired by Marcotte which detennined that a 914 -foot level would come up to the house foundation. Marcotte thought that a pump should he installed to keep the water level down or his property will be destroyed. Interim City Engineer Weiss said that the Evermoor 4 Addition, Phase 2, does not drain to the pond next to the Marcotte home. Weiss noted that the Marcotte land is the low spot of a watershed area. Delaying development there will not solve his problem. Mayor Busho noted that the Utility Commission said to go ahead with the forcemain, but the size of the pump hadn't been determined yet. Response to Public Comment City Attorney LeFevere read his letter in response to the letter regarding the accesses to Terry's Ace Hardware. LeFevere noted that although the accesses are approved by Minnesota Department of Transportation it does not exempt them from change from either MnDOT or the City in the interest of public safety. 1 Public Works Week Proclamation ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 2001 Mayor Busho proclaimed the week of May 20 through May 26` as National Public Works Week as a reminder of the many ways public works contributes to our quality of life. Mayor Busho thanked the city employees who do a very good job at keeping city services going. Consent Agenda Council Member Klassen pulled the following Consent Agenda Items for discussion: 6.b. Minutes of May 1, 2001. Regular City Council and 6.e. Authorize Financing for Lease /Purchase of CIP Equipment. Item 6.k. Approve ProjecUOrder Plans Spec's /Approve Plans Specs. for Marcotte Forcemain, City Project 329, Item 6. M. Receive Plans Specs /Authorize Ad for Bids for Evermoor 4 Addition Street Utility Improvements, Phase 2, City Project 333. Interim City Engineer pulled Item 6. n. Receive Feasibility Report /Set Public Hearing South Rose Park Area Improvements, City Project 325 which will be considered next year. MOTION by Klassen to approve the Consent Agenda without items 6.b. Minutes of May 1, 2001, Regular City Council and 6.e. Authorize Financing for Lease/Purchase of CIP Equipment. Item 6.k. Approve Project /Order Plans Spec's /Approve Plans Specs. for Marcotte Forcemain, City Project 329, Item 6. m. Receive Plans Specs /Authorize Ad for Bids for Evermoor 4' Addition Street Utility Improvements, Phase 2, City Project 333. Second by Edwards. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. a. Minutes of April 17, 2001 Regular City Council Meeting b. Minutes of May 1. 2001 Regular City Council Meeting pulled for discussion c. Minutes of April 18 and April 25, 2001 Special Meetings d. Bills Listing e. Authorize Financing for Lease /Purchase of CIP Equipment pulled for discussion Hiring of Water Resources Engineer g. Change June 19 City Council Meeting Date and Location During City Hall Remodeling h. Adoption of Findings of Fact Richard Cliff Appeal of Planning Commission Decision i. Declaration of Surplus Property j. Receive City Hall Remodel Construction Bids and Award Contracts k. Approve Project/Order Plans Spec's /Approve Plans Specs. for Marcotte Forcemain City Project #329 pulled for discussion 1. Receive Feasibility Report /Approve Project/Order Plans Spec's— Hawkins Pond Lift Station Forcemain, City Project #328 m. Receive Plans Spec's/Authorize Ad for Bids for Evermoor 4 Addition Street Utility Improvements, Phase 2, City Project #333 pulled for discussion n. Recei Feasibility Report/Set Public Hearing -South Rose Park Area Improvements, City Project 325 pulled for consideration next year o. Preventive Care Land Sale in Rosemount Business Park 2 1 6.b. Minutes of May 1, 2001 Regular City Council 6.e. Authorize Financing for Lease/Purchase of CIP Equipment ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 2001 Council Member Klassen requested that the minutes of May 1, 2001. be amended on the bottom of page 3 to read "urban" rather than "rural." MOTION by Cisewski to amend the May 1, 2001, Regular City Council minutes on page three by removing rural and replacing it with "urban." Second by Klassen. Ayes: Cisewski. Busho. Riley, Edwards, Klassen. Nays: None. Motion carried. Council Member Klassen requested that the resolution be completed with the additional information reported from the bid results of May 11. 2001. MOTION by Klassen to approve A RESOLUTION AUTHORIZING LEASE PURCHASE FINANCING OF CAPITAL EQUIPMENT FOR THE CITY. Second by Cisewski. Ayes: Busho, Riley. Edwards, Klassen, Cisewski. Nays: None. Motion carried. 6.j. Receive Citv Hall Remodel Construction Bids and Award Contracts Council Member Edwards was unhappy with the cost of the furniture contract for the remodeling of City Hall. He noted that the funding, at this time falls $2,000 short. Edwards commented that he did not have a problem with the project of the remodel, but only with the expense of the furniture contract and with concerns of shortfalls this early in the project. Council Member Klassen also asked for some reductions in costs. Greg Stotko from AMCON Construction, the construction manager for the project, related that there are several options which are incorporated into the bid where a less expensive material can he chosen to lower costs. There is a terrazzo tile city logo that could be eliminated and the concrete stairwell is very expensive to remove, it could be left in. The consensus was to hold a work session to discuss alternatives. MOTION by Edwards to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACTS FOR THE CITY HALL PROJECT with removal of the furniture systems for discussion at the June 13 2001. Committee of the Whole. Second by Klassen. Ayes: Riley, Edwards. Klassen, Cisewski. Busho. Nays: None. Motion carried. 6.k. Approve Project /Order Plans Spec's /Approve Plans Specs. for Marcotte Forcemain, City Project 329 Council Member Klassen requested that the entire development of Evermoor be delayed until the Environmental AUAR can he enforced. Klassen believed that the AUAR. a guide for environmental qualities of land, was not followed. Also Klassen requested that the Utilities Commission give its recommendation to City Council regarding the forcemain. Mayor Busho noted that the Utilities Commission did examine the forcemain issue and said to go ahead with it so that hose would not have to be extended across streets and yards again with a flood event. The size of the pump would 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 2001 be determined by the pipe elevation and friction of the pipe matched with the horsepower of the pump and pipe size. Weiss noted concern for the size of the easement necessary which would add to the cost. Weiss referred to a letter from Ken Marcottc's engineer which made conclusions on incomplete information. Weiss also said the City is following the AUAR properly. The weather has been extreme causing more erosion than anticipated. but corrective measures have been taken. Busho and Riley supported approval of City Project 329. MOTION by Busho to adopt A RESOLUTION APPROVING THE PROJECT, ORDERING PLANS AND SPECIFICATIONS AND APPROVE THE PLANS AND SPECIFIC'AITONS FOR THE NIARCOTTE FORECEMAIN, CITY PROJECT 329. Second by Riley. Discussion ensued. Edwards asked if the Utilities Commission approved a 16" forcemain. Weiss replied that this is not the lift station, only the pipe. The pump size will be considered at the next Utilities Commission meeting. Ayes: Cisewski, Busho, Riley. Nays: Klassen. Present: Edwards. Motion carried. Council Member Riley requested a monthly report on the erosion issue. inspection results, and an update. City Administrator Burt noted that a joint meeting of envirormmental agencies and city staff and the developer will be held May 16 °i at City Hall. Minutes will be distributed from that meeting. Cisewski requested that the sandbags keeping water away from the Marcotte Pond he left in place. Staff agreed. Klassen asked if permits are required when moving water from one place to another pond? Weiss was not aware of permit regulations but would ask about them at tomorrow's meeting. 6.m. Receive Plans Spec's /Authorize Ad for Bids for Evermoor 4 Addition Street and Utility Improvements, Phase 2, City Project 333 This related to the prior discussion. MOTION by Riley to adopt A RESOLUTION RECEIVING THE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE EVERMOOR 4 ADDITION STREET AND UTILITY IMPROVEMENTS, PHASE 2, CITY PROJECT 333. Second by Busho. Ayes: Cisewski, Busho, Riley. Nays: Klassen, Edwards. Motion carried. PUBLIC HEARING: Danville Avenue Reconstruction Improvements, City Project 326 and Order Project/Order Plans Specs /Approve Plans Specs /Authorize Ad for Bids for 2001 Street Utility Reconstruction Improvements, City Project 326 Mayor Busho explained the Public Hearing process for the audience. The City Clerk indicated that the affidavits of published and posted notice were on file. Interim City Engineer Weiss noted that this project was tabled at the last City Council meeting pending outcome of the Utility Commission at which they did recommend completion of the project including Danville Avenue. There were no audience clarifications. Mayor Busho opened the floor for public comments. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 2001 Harry Willcox, 14674 Danville Avenue, asked that there be no change orders and that curb stops not be allowed in the middle of driveways. Willcox asked if Danville residents are paying for the Dodd Boulevard improvements? Weiss said assessment policy is being followed correctly. Tom Piekarski, 14800 Dodd Boulevard,.asked if he will have to hook up to city water since he has a good well? Staff replied, "Yes." Piekarski asked the amount of his costs? Staff estimated at $10,000. City Attorney LeFevere noted Ordinance 1.12.h. Separation of Private Water and Sewer System which would apply. LeFevere also mentioned that the Minnesota State Plumbing Code requires hook up and the city's rules allow that to take place in two yews. Enforcement of this requirement has not been a problem in the past. Ivlr. Morley, 14540 Danville Avenue, remembered the pumping of Hawkins Pond last summer and the inconvenience of hose and water running across his yard. Morley noted his garage slab has shifted and wondered if it was caused by the additional water. Mary Morley, 14540 Danville Avenue, asked that safety precautions be taken when digging takes place. Her children and neighboring ones are curious and she worries about their safety during the project. Curt Travers, 14660 Danville Avenue, asked about access to their homes during the project. Weiss said that they may have times during the day their driveways would be blocked, but access could be assured every evening. Jay Hunt, 4315 Upper 145 Street, had sewage backup in his basement last summer with the pumping. He would like to think the City would be more cautious this time. Leeord Valiska, 4385 Upper 145' Street, had questions about cost and assessment. Weiss commented that a flat fee based on the number of driveways determines the assessment. MOTION by Busho to close the Public Hearing for the 2001 Street Utility Reconstruction Improvements with Danville Avenue Reconstruction. City Project 326. Second by Edwards. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Residents asked further questions about how the reconstruction would take place. Driveway access was a major concern. The shuts off valves should be on the property line. MOTION by Edwards to adopt A RESOLUTION ORDERING THE PROJECT, PLANS AND SPECIFICATONS, APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE 2001 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT 326. Second by Klassen. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Mayor Busho called for a ten minute break. The meeting was reconvened at 9:30 p.m. 1 1 1 Commercial Zoning District Discussion Solberg Aggregate Grading Plan Revision ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 2001 City Planner Rick Pearson reported that the Planning Commission held a public hearing for the updated Commercial Zoning Districts with a new traditional Downtown Overlay District. The Planning Commissioners provided some suggestions that have been incorporated in the draft ordinance amendments. City Council had many questions and decided to bring this to a work session to clarify them. MOTION by Edwards to table consideration of an ordinance amending the Commercial Zoning districts. Second by Klassen. Ayes: Riley, Edwards. Klassen, Cisewski, Busho. Nays: None. Motion carried. City Planner Pearson presented Solberg Aggregate Company's request to modify their grading plan as the mining operation lease with Koch Refining will be over in two years. The slope change is going from 19-'0 to between 3% o and 4%. Council Member Klassen understood that the moratorium did not allow any amendments. Pearson recalled Council did not want revisions with the renewal process, so this is presented at this time. City Attorney LeFevere noted that the moratorium is an interim measure to preserve the status quo, with a freeze imposed on new mining operations. but existing uses are continued and grandfathered in. Council Member Klassen excused herself from the meeting due to an early morning commitment. Council Member Edwards felt this was semantics and a work session would help clear up confusion. Council Member Cisewski remembered a February work session where mining was the focus. Cisewski noted that minor changes should be coped with. MOTION by Busho to amend the mineral extraction permit for Solberg Aggregate Company to allow the revised grading plan as the required grading and restoration plan to be attached to the mineral extraction permit a Exhibit A. Second by Riley. Ayes: Cisewski, Busho, Riley. Nays: Edwards. Motion carried. Council Member Edwards left due to a prior commitment. MOTION by Busho to go to a closed session for the City Administrator's Reveiw. Second by Riley. Ayes: Cisewski, Busho, Riley. Nays: None. Motion carried. After a short discussion Council consensus was to wait for all council members to be present. They returned to the meeting from the Closed Session. Mayor Busho adjourned the meeting at 10:15 p.m. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 2001 Respectfully submitted, X; Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2001 -19. 1 1 ROSEMOUNT CITY PROCEEDINGS JOINT STAFF Environmental Agencies Meeting May 16, 2001 Eric Kilberg of the Minnesota Pollution Control Agency organized a joint meeting on the report of environmental impact from the Evermoor Development in north western Rosemount. It was held May 16, 2001, at 2:30 p.m. in the Council Chambers at Rosemount City Hall, 2875 145th Street West. Those in attendance were: Bret Weiss, Interim City Public Works Director/Engineer of Rosemount, City Administrator Tom Burt, Gene Amt of Arnt Construction, David Hempel, Contractor Property Developers Co., Fran Hagen, H. Westwood Professional Service, Pat Lynch. Dept. of Natural Resources Waters, Jon Larsen, MEQB, Steve Crawford. WSB Engineering, John Carlson, Westwood Prof Service, Wayne Barstad, DNR Ecological Services, Mike Martindale, MPCA. Mike Finlaff; MPCA -Metro Dist., Eric Kilberg, MPCA -Metro Dist., Jay Riggs, Dakota County Soil and Water Conservation District. Introductions were made around the room. Eric Kilberg, MPCA, stated the goal of this meeting was to protect natural resources. The site being considered is the 500 acre Kelley Farm development "Evermoor" by Contractor Property Developers Co. which had an AUAR, Alternative Urban Area Wide review completed on it in March, 2000. There have been some enforcement issues related to this site as required by the AUAR and this meeting is for fact finding and correction of these issues. Mike Martendale and Mike Finlaff MPCA, reviewed this inspection of the site on April 27, 2001. There were violations and a meeting was held with the City of Rosemount. Martendale came hack the following Monday and many of the violations had already been corrected; yet there was still more work to do. Photographs were taken for evidence. The MPCA review hoard, the Forum, directed a 10 day letter be sent out on May 9, 2001. This letter mentions most of the infractions including those which had already been corrected, and there were ten days to reply. Enforcement could further involve an Administrative Penalty Order or Stipulation Agreement, especially if there are any repeat violations. Interim City P.W./Engineer Weiss questioned why the letter of May 9, 2001 did not reference work that had been completed previously and did not mention the actions already taken by the City and the developer to comply with regulations. Martendale noted that is normal procedure to identify the original issues and that a final action response letter would note a favorable response because of the corrections made. Pat Lynch, DNR, inspected the site recently and found some silt fence down, but noted a world of difference with the added silt fencing and straw mulching. Birger Pond and Wetland 223, located west of Marcotte are DNR basins. It appears that 223 was connected to the Marcotte Pond. Lynch noted that much suspended material was found in both water basins. An assessment will he done later on the water quality and sediment in each of the DNR basins to determine if corrective action is necessary. The Ivlarcotte Pond is not under the MPCA jurisdiction or DNR. Mine Finlaff, MPCA, said that the sediment in Marcotte Pond would need to be reclaimed. Interim City P1 "Engineer Weiss said that the city planned to excavate the wetland on the south end. Weiss also noted that the DNR pond 223 did not receive sediment from the Evermoor development but that 1 1 ROSEMOUNT CITY PROCEEDINGS JOINT STAFF Environmental Agencies Meeting May 16, 2001 the City pumped some water from the Marcotte pond into 223. It was further noted that the lvlarcottes did continue to pump this pond, with city equipment, for two days more without city permission. Pat Lynch, DNR, said that when ever 10,000 gallons per day are moved a water appropriations permit is needed, for both the city and residents. Weiss admitted he was at fault for not recognizing a permit was needed for emergencies and asked to meet after this meeting to define the requirements. Pat Lynch, DNR. noted the City's Wetland Plan had listed Wetland 223 with the highest ranking for preservation. Yet, what have they done to protect it? Birger Pond is ranked low because of its water quality. Dave Hempel, CPDC, noted that the weather has played a major role in the violations reported. The winter was the harshest in ten years and the spring the wettest. Large earth moving equipment has only been able to he out April 20 to May 4th Gene Amt, Amt Construction, gave the following report of repairs to date completed at a cost of $100,000: Date Feet of New Silt Fence Hay Bales 4 -10 -01 900 4 -12 200 4 -20 1500 30 4 -23 650 70 5 -1 1500 5 -2 700 70 5 -3 875 5 -4 70 5 -5 28 acres were seeded Eric Kilberg, MPCA, said his reaction to this is good. Hempel requested that the MPCA please consider the hard winter and the heavy spring rains into their findings. Kilberg also said, "The road to hell is paved with good intentions." Jay Riggs, Dakota SWCD, noted that erosion and sediment control need to be followed closely. Cover, seeding, any steep slopes need to have them. Riggs noted that some of the silt fencing is not to specs and needs upgrading. Fran Hagen, II, Westwood Engineering, explained that last fall the seeding was left to late October. Rain prevented seeding and then snow came November 3 so the grading was shut down. The southern half had been seeded but not the northern portion. Riggs said this ground stabilizing needs to be re- thought by developers so as not to leave it to the last thing. Hampel noted a channel dug for drainage, which he did not authorize to a wetland. Hampel did not know who dug the channel. This was diverted away from the wetland. Jay Riggs said that the west pond that had the channel diverting water to it was not a DNR wetland. 1 1 1 ROSEMOUNT CITY PROCEEDINGS JOINT STAFF Environmental Agencies Meeting May 16, 2001 Jon Larsen, MEQB, was in charge of approving the AUAR report for this site. The issue is the inconsistency with the performance versus what was planned in the AUAR. When a project is completed, there is a final expectation, but also during the construction of a project. there are measures that need implementing. And now, the timing of that implementing versus what was actually done. We want to avoid any envirotunental impact. The AUAR includes specific options, physical, legal, and financial measures to protect the land, water. and nature. If this doesn't match what is in the AUAR. an amendment is called for. This is the same lengthy process as the original AUAR approval. Interim City P.W. %Engineer Bret Weiss said the Rosemount is land locked from a stormwater perspective. There is no water leaving Rosemount. Of all of the cities in the area, Rosemount is currently the best at dealing with stormwater and because no stormwater is discharged outside the city. All the water in Rosemount is absorbed hack to the ground water. The heavy rains of the summer of 2000 started a sequence of drainage problems and exposed the lack of positive outlets within the city. This is not a good situation for Rosemount now. All our basins need alternate drainage options which cost S500,000 and greater to solve. The project to install a forcemain and lift station pump at Marcotte Pond will not be completed until spring of 2002. Hawkins Pond is being done this summer. The Marcotte Pond level did go up last summer, before grading of Evermoor and again this spring. Sandbagging was done to prevent any runoff from east of Shannon Parkway. But the Marcotte Pond is the lowest point and water from the northern 107 acres and directly west also drains that direction. Fran Hagen said that there are about five acres from the Evermoor area that drains to the Marcotte Pond compared to an original ten acres. Weis did state that area from the east side of Shannon Parkway also drains to Marcotte Pond, but is currently bulkheaded. The city planned an outlet for Marcotte Pond but was hoping to delay the implementation. The rains in 2000 and 2001 have caused the city to move that schedule up. Fran Hagen, Westwood Professional Service said aerial photos show very little water in the Marcotte Pond in 1990. It wasn't normally wet. Also, last year the Water Resource Engineer walked all of the silt fence before winter and found it to be in place. The Wetland Plan of Rosemount is the model used as the hest example by MPCA. Wayne Barstad, DNR Ecological Services, noted that references to other documents in the AUAR made it difficult to interpret. He requested in the future there would he less references and more detail. Barstad asked if the Blanding turtle review had been done as referenced in the report? No one was aware of that study being completed. John Carlson stated that information was given to the contractors in 2000 to identify the turtles as required by the AUAR. Eric Kilberg, MPCA, asked about the final draft date of the AUAR. Feb. or March of 2000? Consensus was that the drafts were the same. A copy of the March 2000 AUAR report will be sent to his office. Jay Riggs, Dakota SWCD, invited the City and the developer to work closely with his office. Riggs asked if an amendment to the AUAR is needed, would this close down the developer? Jon Larsen, MEQB, said he didn't think so. Weiss asked why the City of Apple Valley has not been invited to this and other meetings? There is a portion of Evermoor in Apple Valley which also has erosion problems. This was an oversight. 1 Eric Kilberg, MPCA, noted his real concern was for the Waste Water Treatment Plant and Metropolitan Waste Controls projects. There are implications on the draft Findings of Fact for the Rosemount Interim Improvements EAW currently in progress. If the level of Birger Pond is up. that is significant environment effect. He doesn't want this issue to cause this EAW to move into an EIS and he needed some help to address the controls the city has in place. The city and agencies need to show how to anticipate disasters and have plans to make effective improvements. This can be done with ordinances and controls. Burt was asked to prepare a letter showing the proactive issues that have and will take place. Rosemount City Administrator Tom Burt noted that Rosemount has made ordinance changes. Developers no longer do their own streets and utilities, the city now controls this. A new Water Resource Engineer has been hired to begin on Monday, May 21, 2001. The developer's contractors were effectively shut down on April 27' because of silt fence violations at which the Rosemount Police Department was present to show the importance of the issue. Jon Larsen, MEQB, noted that the AUAR comes in all sizes and shapes, it is flexible to fit the project. There is a hoard that considers the review and reform of it and the comments made here today will be retlected back to that hoard. Dave Hempel said they would welcome in put from the Dakota SWCD and they will continue to do all they can to get in the seeding and restoration to the land. Eric Kilberg, MPCA, noted that the Enforcement Forum is not open to the public, but the response will come by letter. The meeting was adjourned at 3:50 p.m. ROSEMOUNT CITY PROCEEDINGS JOINT STAFF Environmental Agencies Meeting May 16, 2001 4 Respectfully submitted, Linda Jentink, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 5, 2001, at 7:30 p.m. at 13885 South Robert Trail. in the Banquet Room. This is the temporary quarters of the City Council until the remodeling of City Hall is completed in approximately December. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson. Police Chief Kalstabakken, Parks Recreation Director Schultz, and Mark Erichson, Consulting Engineer. The meeting was opened with the Pledge of Allegiance lead by Parks and Recreation Director Dan Schultz. Additional information was presented to Council for Item 7.a. which includes the bid results for Evermoor =4 Addition City Project 333 and Marcotte Forcemain. City Project 329: Item 8.a. A supporting resolution for the fee amendments: Add -on for Consent Minutes of May 9. 2001, Committee of the Whole; and Item 7. c. City Code 7 -5, Bows and Firearms ordinance amendment. There were no public comments or response to public comments. Consent Agenda Council Member Klassen pulled Items 6.e. and 6.k. from the Consent Agenda for discussion. MOTION by Edwards to approve the Consent Agenda without items 6.e. DNR Grant Application for Keegan Lake and Item 6.k. Award Contracts and Accept Alternates for City Hall Project. The Minutes of the May 9, 2001 Committee of the Whole were added as Item 6.1. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Riley. Edwards. Nays: None. Motion carried. a. Minutes of May 15, 2001 Regular City Council Meeting b. Bills Listing c. Temporary Liquor License d. Letter Declining the Payable Year 2002 Transit Tax Levy By the City of Rosemount e. DNR Grant Application for Keegan Lake Pulled for discussion. f. Request for Authorization to Award Bid for the Replacement of the 1978 Fire Dept. Pumper and Equipment g. Approve Subdivision Agreement for Bloomfield 2 Addition h. Approve Subdivision Agreement for Bloomfield 3 Addition i. Bloomfield Third Addition Final Plat j. Set Public Hearing Easement Vacation Carrousel Plaza South, Outlot A, City Project 322 k. Award Contracts and Accept Alternates for City Hall Project Pulled for discussion 1. Minutes of May 9, 2001, Committee of the Whole Add -On 6.e. DNR Grant Application for Keegan Lake Council Member Klassen asked for more detail on this project and how it affects the overall 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 2001 stormwater plan. City Administrator Burt explained that Keegan has no outlet and water is up this year. The DNR will provide matching grants for innovative approaches to alleviate stormwater problem. The City would work with Brockway Golf Club to use the water for irrigation. Council consensus was to have a better handle on the possible cost of the project, if it requires a lift station and how this would tit into the overall stonnwater plan. MOTION by Klassen to table the DNR Grant Application for Keegan Lake. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. 6.k. Award Contracts and Accept Alternates for City Hall Project Council consensus was that all items pertaining to the city hall remodeling should be examined at a work session for in -depth understanding. Council questioned the quality of alternate materials and requested a monthly update. MOTION by Cisewski to adopt a resolution to award contracts for the city remodel project. Second by Riley. Ayes: Busho. Riley, Edwards, Klassen, Cisewski. Receive Bids /Award Contract Evermoor 4 h Addition Street Utility Improvements, City Project 333 and Marcotte Forcemain, City Project 329 Engineer Mark Erichson, from WSB Engineering, related information from the bid opening held on June 1, 2001. There were three bids with the low bid being Ryan Contracting coming in under the estimated cost. Council Member Edwards requested that the motion he in two parts separating the Evermoor 4' Addition Street and Utility Improvements, City Project 333 and the Marcotte Forcemain, City Project 329. MOTION by Cisewski to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT FOR EVERMOOR 4 T11 ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 333 to Ryan Contracting. Second by Riley. Ayes: Riley, Cisewski, Busho. Nays: Edwards. Klassen. Motion carried. MOTION by Cisewski to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT FOR MARCOTTE FORCEMAIN, CITY PROJECT 329 to Ryan Contracting. Second by Edwards. Ayes: Edwards, Cisewski, Busho, Riley. Nays: Klassen. Motion carried. Amendment to City Code 7 -5, Bows and Firearms Police Chief Kalstabakken presented an amendment to City Code 7 -5. with a choice of having exceptions allowing restricted hunting on 60 acre agricultural zoned lots that are west of Akron Avenue. There are five landowners with 60 acres who are interested in continuing hunting on their property. No rifles would be permitted or any slug type bullet from a shotgun to help insure that the projectiles would not leave the property. It is illegal to hunt within 500 from any homes adjacent to these properties. These exception areas would not be renewed when residential development 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 2001 occurred reducing the parcels to smaller than 60 acres. Police Chief Kalstabakken noted that it is difficult to police hunting when not close to roads, so it is up to the integrity of the hunters to abide by all laws. Most often investigation takes place on a complaint response. City Attorney LeFevere noted that City Council has the right to regulate firearms such as a special permit if the Department of Natural Resources called for animal management which is usually on park property. If this was requested it would likely only be for bow and arrow use. LeFevere noted that the southern third of Minnesota is a slug zone allowing their use for deer only. Council Member Edwards did not like mixing housing with hunting. Council Member Klassen saw the exception parcels as clouding the current dividing line of Akron Avenue and making it harder to enforce, but especially she did not want to jeopardize the safety of the residents. Cisewski also did not want risk the safety of residents living close to the exception parcels. MOTION by Klassen to adopt AN ORDINANCE AMENDING ROSEMOUNT CITY CODE 7 -5, BOWS AND FIREARMS, moving the di. iding line of restricted and nonrestricted areas to Akron Avenue without exceptions. Second by Edwards. Ayes: Klassen, Cisewski. Edwards. Nays: Busho, Riley. Motion carried. Amendments to the 2001 Fee Policy and Farmer's Market Information Parks and Recreation Director Schultz presented changes to room use and public skating fees. The demand has been growing for free meeting space once per month for organizations. Staff suggests that only Rosemount residents would he allowed free space as defined which excludes prince time. Also the definition of city groups was recommended to be changed by removing the Miss Rosemount Scholarship Pageant (which is no longer being held) and add the Rosemount Fanners Market. Schultz held a meeting with Rosemount residents. Council Member Riley. and the St. Paul Growers Association who regulates the quality, quantity, and variety of product for farmer's markets. Schultz emphasized that a tanners market would benefit the residents but it would be a profit- making venture for the vendors. City Attorney LeFevere noted it would not be proper for the City to sponsor the event. but could consider the St. Paul Growers Association as a service provider. The St. Paul Growers Association would run the farmers market entirely. It was agreed not to include the Farmers' Market in the 2001 Fee Policy. but that it seemed to he a good thing for Rosemount and that further discussions continue in order to bring a Farmers' Market to Rosemount. MOTION by Edwards to approve the attached amendments to the Parks and Recreation portion of the 2001 Fees and Fee Policy with the exception of Definition 1.A. City groups, organizations, or activities which would exclude the Miss Rosemount Scholarship Pageant and not include the Fanners' Market. Second by Klassen. Ayes: Cisewski, Busho, Edwards, Klassen. Nays: Riley. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 2001 Meeting Date Change Mayor Busho asked to change the regular meeting for the City Council of July 3 d to July 2 due to the Fourth of July Independence Day holiday. MOTION by Busho to change the regular City Council meeting of July 3 to Monday, July 2 due to the Fourth of July Independence Day holiday. Second by Riley. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to go to a closed session for the City Administrator's Salary Review. Second by Busho. Ayes: Five. Nays: None. Motion carried. The regular meeting was reconvened and the following motions resulted. MOTION by Edwards to approve City Administrator's salary increase to the 3% cost of living increase retroactive to January 2001. Second by Cisewski. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. MOTION by Edwards to increase the range of pay in Step 6 retroactive to the City Administrator's March anniversary date. Second by Klassen. Ayes: Riley, Edwards, Klassen. Cisewski, Busho. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 9:31 p.m. The City Council Agenda Packet is Clerk's File 2001 -20. 4 Respectfully submitted, c, .4 Linda Jentink, City Clerk Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on June 13, 2001, at 6:30 p.m. in Room 221 of the Community Center. Mayor Busho called the meeting to order with Councilmembers Cisewski, Klassen, Edwards and Riley present. Staff members in attendance were Community Development Director Jim Parsons. Finance Director May, City Planner Pearson, Human Resources Coordinator Graff, Interim City Engineer Weiss, and Interior Design Consultant Terri Hirsch. Stormwater Update Interim City Engineer Bret Weis presented update on storm water management projects with his memo dated June 13. 2001. Weis discussed each of the nine storm water management projects and detailed the proposed courses of action. Council authorized placement of the DNR Grant Application for Keegan Lake on the agenda of the June 18, 2001 City Council meeting. The plans and spec's authorization for quotes for Shannon Pond will also be included on the June 18 agenda. Commercial Zoning District City Manner Pearson presented Further discussion of the Commercial Districts resulted in the following direction to staff: 1. The purpose and intent paragraph will include the following language: "The district is intended to he compatible within a residential neighborhood context. Therefore, the number of permitted uses is limited and the scale of uses is comparatively small." 2. All neighborhood retail, office and personal service will he limited to 2,500 sq. ft. for consistency. 3. Maximum heights for exterior lighting will be limited to 20 fi. for C -1 and C -2. C -3 and C-4 now limited to 30 fi. heights will have the following additional language: "The maximum height for exterior lighting within 100 feet of a residential use or district shall be 20 feet." 4. "Including" shall be added as needed mostly in the C -2 and C -4 permitted uses. 5. Language relating to "compatibility in function, form and style" will he added to the Purpose and Intent paragraph of all the Commercial Zoning Districts. 6. Special sales events will he permitted allowing semi trailers according to the 4 suggested conditions with the addition of: e. Items for sale must be customarily manufactured, sold or stored within the principal structure. f. Such events will be permitted a maximum of three times annually from April through October, limited to seven days duration, separated by a minimum interval of 30 days (last part new). 7. There will be other corrections as a result of proof reading, but there will be no other content changes without Council direction. 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JUNE 13, 2001 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JUNE 13, 2001 City Hall Status Report a. Furniture Human Resources Coordinator Graff and Space Plamier Consultant Hirsch presented information regarding new furniture for the remodeled /expanded City Hall. Total cost for new furniture throughout is $225,494. Following discussion of whether MINNCOR was the best source for furniture, Council directed staff to prepare a listing of furniture and to justify replacement of all current furniture with new. This information will be prepared by Graff for the July work session. City Hall Status Report b. Budget Community Development Director Jim Parsons presented an update of the budget for the City Hall remodel/ expansion. He reviewed the activities to date on various items within the budget and stated that some of the cost estimates have been corning in lower than originally budgeted. In response. Cisewski asked if Council could review additional budget information in the future. Parsons stated that plans have been made to have an AMCON representative attend the monthly work sessions to provide a forum for a timely review of the remodeling budget for Council. Public Works Director Recruitment HR Coordinator Graff presented information requesting that the City initiate a new recruitment process for the Public Works Director/ City Engineer position. After review of the information, Council suggested that the position remain open until tilled. No salary information will be posted; the pay will be reviewed when the new Stanton survey becomes available at the end of June. Performance Standards Council reviewed the 2001 2002 Performance Standards prepared by the City Administrator. Individual council members made suggestions for additional standards; the Administrator will incorporate these suggestions into the final document. The meeting was adjourned at 10:12 p.m. Respectfully submitted. Paula A. Graff, Human Resources Coordinator The City Council Agenda Packet is Clerk's File 2001- 22. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 18, 2001, at 7:30 p.nt. at the Rosemount Community Center at 1.3886 South Robert Trail, in the Banquet Room. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards. Also in attendance were City Administrator Burt, City Attorney Karen Cole. Community Development Director Parsons, City Planner Pearson, Planning Intern Aaron Jones, Police Chief Kalstabakken, Parks Recreation Director Schultz, Interim City Engineer Weiss, and Finance Director May. The meeting was opened with the Pledge of Allegiance. Additional information was presented to Council for revisions to the minutes of June 5 2001. Staff requested that Item 7.c. Evennoor Final Plat 8' Addition be pulled from consideration tonight due to incomplete information. Mayor Busho requested that Consent Agenda Items 6.i. and 6.j. he discussed with the other Evennoor Development items under Old Business. Council Member Klassen asked to remove 8.b. Rosewood Mixed Use Concept PUD for Progress Land Company to a work session. Mayor Busho thought it was necessary that 8.b. be discussed, rather than removed, so h remained on the agenda. There were no public comments or response to public comments. Presentation and Acceptance of 2000 Comprehensive Annual Financial Report (CAFR) Finance Director May presented the Comprehensive Annual Financial Report for the year ending December 31, 2000. May introduced Daryl DeKam from Virchow, Krause Company who began the audit in November and December and completed the research in March, 2001. This final audit report shows that Rosemount has met all compliance reports and has obtained the highest rating available for their accounting methods. Staff is preparing to convert financial reports in 2003 because of the GASB 34 legislation requiring reporting of city infrastructure value among other things. MOTION by Klassen to adopt A RESOLUTION ACCEPTING THE 2000 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Second by Cisewski. Ayes: Klassen. Cisewski, Busho, Riley. Edwards. Nays: None. Motion carried. Consent Agenda Mayor Busho pulled Items 6.i. and 6.j. from the Consent Agenda for discussion under Old Business. Item 6. g. DNR Grant Application for Keegan Lake was pulled for discussion by Council Member Klassen. MOTION by Edwards to approve the Consent Agenda without items 6.g. DNR Grant Application for Keegan Lake. 6.i. Approve Subdivision Agreement for Evermoor 6 and 7` Addition and Item 6.j. Order Plans Spec.'s for Evermoor 6' and 7 Addition Street Utility Improvements. City Project 336. The Minutes of the June 5, 2001 were revised. Second by Riley. Ayes: Cisewski, 1 Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. a. Minutes of June 5. 2001 Regular City Council Meeting b. Bills Listing c. Donation Account Expenditure for Police Equipment Fund and DARE Account d. Temporary Liquor License for American Legion. Leprechaun Days e. Gambling Premises Permit Renewal for Rosemount American Legion f. 3.2'1•6 Malt Liquor License Renewals for 2001 -2002 g. DNR Grant Application for Keegan Lake Pulled for discussion h. Approval of Supplemental Agreement 41, Phase 1 Trunk Highway 3, Street Construction, City Project 314 i. Approve Subdivision Agreement Evermoor 6' 7 Addition Pulled for discussion j. Order Plans Spec.'s for Evermoor 6 and 7 Addition Street Utility Improvements, City Project 336 Pulled for discussion k. Receive Plans Spec.'s/ Authorizing Quotes for Shannon Pond Excavation City Project #331 I. LELS Labor Agreement for 2002, 2003 m. Hiring of Code Enforcement Official n. Appointment of Police Officer o. Pell /:Arles Construction Mineral Extraction Permit Renewal p. Furlong Ames Construction Mineral Extraction Permit Renewal 6.g. DNR Grant Application for Keegan Lake Council Member Klassen noted that discussion was held at the Work Session on June 13, 2001, regarding the DNR grant which would require matching funds from the City. It is unclear at this time if Brockway Golf Club will be a willing partner. Staff was contacted a few years ago by Brockway regarding irrigation from ground water. The City suggested the use of surface water from Keegan Lake which would supply some relief to neighbors from the high water levels. Council Member Edwards suggested some changes to the language in the resolution which Council and staff agreed to. MOTION by Klassen to adopt A RESOLUTION AUTHORIZING FLOOD DAMAGE REDUCTION GRANT ASSISTANCE APLICATION FOR KEEGAN LAKE AREA incorporating the word changes. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen. Cisewski. Nays: None. Motion carried. Evermoor 6 and 7 Addition Final Plat and Subdivision Agreements City Planner Pearson presented the Final Plats for Evermoor 6' and 7' Additions. Planning Commission reviewed the final plats and reconnnended approval. No variances have been identified, in fact most of the lots exceed several of the standards, such as the lot depth. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2001 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NNE 18, 2001 Interim City Engineer Weiss noted that the subdivision agreements are now the standard model used requiring payment for infrastructure prior to development. Evennoor 7 Addition does discharge into the Marcotte Pond but at present it is sandbagged to prevent that. Evermoor 6' Addition drains away from the Marcotte Pond. Council Member Klassen noted that she had stated that she would not approve any development at Evermoor until the AUAR compliance is met and erosion concerns are mitigated. The City held a joint meeting with environmental agencies on May 16, which then referred the developers of Evermoor to a MPCA Board Forum for action on the violations. A stipulation agreement, with a minimum tine of $7.500 is being negotiated. Mike Martindale from the MPCA has inspected the Evermoor site and said that they have gone above and beyond the requirements for erosion control. An inspection report was submitted showing all areas have been corrected and Martindale said they would be using Evennoor for educating other developers on the right way to install erosion control measures. Klassen asked about the endangered Blanding turtles noted in the AUAR. City Administrator Burt said that hand outs had gone to all contractors on the job stating they must check for Blanding turtles before they back fill and that their habitat trust be restored following development. Klassen asked about sediment removal from all of the ponds. Burt said the DNR will help identify the amount that needs to be removed. The City has also entered into an agreement with Dakota County Soil and Water Conservation Dept. to review the site for erosion and water quality. Weiss said permits with the DNR will be applied for when the lift station is to be installed. Klassen thanked staff for working with the environmental agencies and correcting erosion problems. Klassen was now willing to support action for the development of Evemoor. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR EVERMOOR 6 141 ADDITION. Second by Edwards. Ayes: Riley, Edwards, Klassen. Cisewski, Busho. Nays: None. Motion carried. MOTION by Cisewski to adopt A RESOLUITON APPROVING THE FINAL PLAT FOR EVERMOOR 7 ADDITION. Second by Edwards. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. MOTION by Busho to enter into a Subdivision Agreement with Contractor Property Developers Company for the Evennoor 6' Addition and authorize the necessary signatures. Second by Edwards. Ayes: Klassen, Cisewski, Busho. Riley, Edwards. Nays: None. Motion carried. MOTION by Busho to enter into a Subdivision Agreement with Contractor Property Developers Company for the Evennoor 7 Addition and authorize the necessary signatures. Second by Edwards. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. MOTION by Cisewski to adopt A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR EVERMOOR 6th AND 7 ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 336. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2001 Bloomfield Addition Preliminary Plat and Rezoning, Phase 2 City Planner Pearson presented the Preliminary Plat for Bloomfield, applied for by Steve Ach of Centex Homes. The development includes 76 carriage homes and 244 single family homes. Ten variances have been eliminated leaving only two variances for corner lots, which are 95' wide rather than 120'. The street width for one collector street w ithin the development. Auburn Path, is requested to he 70' wide with easements having 41' of pavement rather than the normal 36' width. The boulevard easement would be 6',i feet wide rather than 8 feet wide. Weiss noted that 74' wide streets would be better, but all though this street is slightly smaller the City gains by having better lot sizes. The main street, Bloomfield Path remains 80' wide. These two streets Auburn and Bloomfield, will have the only access to County Road 42. Weiss noted that there is no parking on these streets and that three painted lanes would be possible if needed in the future. Cisewski noted that these streets will lead to the over -grade railroad crossing which some residents may choose to use to go around the train when the 145 Street West railroad crossing arms are down. Edwards noted he was not in favor of the narrow street width. A memo from Bret Weiss, Interim City Engineer, dated May 31, 2001, listed concerns about the Bloomfield Development. Storm sewer rear yard catch basins are still shown on the plan, but with revision to the housing style these could be eliminated. The final plat will show revisions to many of these concerns. Mayor Busho recalled Carrollton 2 Addition which had rear yard catch basins which had to be corrected by the City. This should not be repeated. Centex wished to have holding ponds with standing water, but staff wishes to have dry ponds that allow storm water to seep into the ground water. Compromises will be worked out. Revisions to the resolution's item 2. would read in part. "eliminate 10 lot dimension variances and allow lots 13 and 20, Block 3 variances." and add item 11. Street C and the north side of Street B in Blocks 12 and 13, the carriage home area. MOTION by Riley to adopt A RESOLUTION APPROVING THE BLOOMFIELD ADDITION PRELIMINMARY PLAT for Centex Homes incorporating changes from the discussion this evening. Second by Busho. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. MOTION by Cisewski to adopt AN ORDINANCE REZONING BLOCKS 12 13 (Carriage Hones) to R Moderate Density Residential. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho. Riley. Nays: None. Motion carried. Receive Bids /Award Contract for 2001 Street Utility Reconstruction Improvements, City Project 326 Interim City Engineer Weiss received the bids for City Project 326. The bids were slightly higher than the estimate which seems to be due to the wet weather conditions and the high number of construction projects. Arcon Construction. Inc. was the low bidder in the amount of $1,177,255, about S30.000 over the estimate. Weiss noted that the work is needed and recommended moving ahead with the project. 1 MOTION by Edwards to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT FOR 2001 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT 326. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley. Edwards. Nays: None. Motion carried. Lot Combination 12050 Barcardi Avenue, Joe Altendorfer City Planner Pearson presented this as a "housekeeping" item that solves an access problem for Joe Altendorfer. Altendorfer owns 13.4 acres east of Bacardi Avenue. When Bacardi Avenue was constructed there was a sliver of land that was owned by Earl Bester which abutted Altendorfer's land causing no access on the west side of Altendorfer's property. By combining this sliver of land a non conforming access issue will be averted. MOTION by Klassen to adopt A RESOLUTION APPROVING THE COMBINATION OF LAND REQUESTED BY JOSEPH ALTENDORFER and Earl Bester. Second by Edwards. Ayes: Cisewski, Busho. Riley, Edwards, Klassen. Nays: None. Motion carried. Rosewood Mixed Use Concept PUD; Progress Land Company Council Member Edwards made a point of inquiry since Klassen had requested this be brought to a work session due to information she received at a Planning Commission meeting. Klassen indicated this would involve policy review. Mayor Busho suggested tabling the action. City Planner Pearson reminded Council about the 60 day rule and that an extension would he necessary in July. MOTION by Klassen to table the Rosew000d Mixed Use Concept PUD for Progress Land Company. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski. Nays: Busho, Riley. Motion carried. Conditional Use Permit: Darrin Johnson and Lesley Johnson Planning Intern Aaron Jones presented an application for a Conditional Use Permit for a paintball business by Darin Johnson and Lesley Johnson. The parcel is 28 acres which is zoned Agricultural east of C.F. Industry on Pine Bend Trail. A public hearing was held at the Planing Commission where two neighbors who spoke against this use because of the noise that would disturb their horse training and breeding businesses. Darrin Johnson gave an overview of the expected use of the land. The paintball games would he by reservation only for 10 to 18 people. They would be on the land for about 3 hours. Johnson noted that only a small area would be used and that 300 feet around the border would be roped off as a buffer area. The guns would be air powered with a noise like a pop rather than like a shot. No air horns would be used. No buildings would be needed as all supplies are trucked in with each reservation. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2001 Pearson confirmed that because this is a non conforming use a 4 /5ths vote would be needed for approval. If this is not reached then findings of fact for denial should be prepared. City Attorney Cole noted that a property owner has the right to make some use of his property. The findings should indicate reasonable basis for the decision, why use amounts to a nuisance, or if it is incompatible with the surrounding area. MOTION by Klassen to direct staff to prepare findings of' facts for denial of the Conditional Use Pennit for Darrin Johnson and Lesley Johnson. Second by Cisewski. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Announcements 6 The July 3 Port Authority meeting will be cancelled per the Port Authority Chair Edwards. The Utility Commission will he going on a tour of Rosemount after a brief meeting begiwming at 6:00 p.m. on July 9 The Committee of the Whole worksessions will be held in the bandroom at the Community Center, Room 221. Then next Committee of the Whole meeting is July 11 rh Mayor Busho adjourned the meeting at 9:41 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2001 Respectfully submitted, The City Council Agenda Packet is Clerk's File 2001 -23. Linda Jentink, City Clerk