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HomeMy WebLinkAbout33520 - JULY 2001 - DECEMBER 2002Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Monday, July 2, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 South Robert Trail, in the Banquet Room. This meeting was moved to Monday due to the Federal holiday, Independence Day, July 4 Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards. Also in attendance were City Administrator Burt, City Attorney Daniel Greensweig, Community Development Director Parsons, Police Chief Kalstabakken, Parks Recreation Director Schultz, and Interim City Engineer Weiss. The meeting was opened with the Pledge of Allegiance led by Parks Recreation Director Dan Schultz. Additional information was presented to Council for revisions to the minutes ofJune 18, 2001 and Committee of the Whole minutes of June 13, 2001. Staff requested that Item 6.r. Bay Bay Transfer Appeal Denial of Variance be pulled because expected signed documents were not received. There were no public comments or response to public comments. City Survey Results 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 2001 Bill Morris from Decision Resources made a presentation of the results of the recent phone survey conducted in Rosemount between April 24 and May 18 The average response took 18 minutes and the longest conversation was two hours and 16 minutes. There have been three surveys conducted. The first survey was fourteen years ago in 1987, then again in 1997 and currently in 2001. Comparisons have been made with the 1997 survey. The summary pointed out that citizens remained very pleased with their community. The residents want to maintain the small town ambience but seek more retail business establishments and job producing opportunities. Parks and Recreation facilities scored very high. City services were rated good. Mississippi River Greenway Strategic Plan Parks Recreation Director Schultz introduced Tom Lewanski from the Friends of the Mississippi and Bruce Chamberlain from Hoisington Koegler Group who gave a presentation showing the landscape design and concept to keep the quality of life in natural and rural ecological life. Greenways are privately or publicly owned corridors of open space which often follow natural land or water features and which are primarily managed to protect and enhance natural resources. Schultz suggested that this be considered with the Parks Master Plan process. Council asked about funding and future governing of the organization. Friends of the Mississippi is the non profit organization that would provide leadership. A steering committee with two members from each community would work with voluntary landowners to improve land conditions. MOTION by Klassen to accept A RESOLUTION TO ACKNOWLEDGE AS A CONCEPT THE MISSISSIPPI RIVER GREENWAY STRATEGIC PLAN. Second by Cisewski. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. 1 1 Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 2001 Council Member Klassen pulled Items 6.e. and 6.f. from the Consent Agenda for discussion. Revisions were provided for 6.a. and 6.b. minutes. Item 6.r. was pulled due to incomplete documents. MOTION by Edwards to approve the Consent Agenda without items 6.e Approve Subdivision Agreement Evermoor 8 Addition and 6.1 Evermoor 8` Addition Final Plat, and 6.r. Bay Bay Transfer Appeal Denial of Variance; and accept revisions to the minutes ofJuly 18, 2001 Regular City Council meeting and Minutes of June 13, 2001 Committee of the Whole. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. a. Minutes of June 18, 2001 Regular City Council Revised b. Minutes of June 13, 2001 Committee of the Whole Revised c. Bills Listing d. Temporary Liquor Licenses e. Approve Subdivision Agreement Evermoor 8 Addition Pulled f. Evermoor 8 Addition Final Plat Pulled g. Receive Bids /Award Contract Carrousel Plaza Street Utility Improvements, C. P. 322 h. Approve Plans Spec.s/Authorize Ad for Bid for Hawkins Pond Lift Station Forcemain, C.P. 328 i. Adoption Findings of Fact for Denial of Darren Leslie Johnson Conditional Use Permit j. Change Order for Bandshell Excavation k. Lease and Maintenance Agreements with Department of Military Affairs 1. Resignation of Employee m. Budget Amendments n. Payment for City Hall Project o. Authorize Issuance and Set Sale for Bond Issue 2001A P. Authorize Issuance and Set Sale for Bond Issue 2001B q. (item pulled) r. Bay Bay Transfer Appeal Denial of Variance Pulled Approve Subdivision Agreement for Evermoor 8` Addition and Evermoor 8 Addition Final Plat Council Member Klassen asked if the rules for the Planned Unit Development and Altemath e Urban Area Review would apply for Evermoor 8 Addition? Staff assured Klassen all conditions will be applied to this phase of the development. MOTION by Klassen to enter into a subdivision agreement with D.R. Horton for the Evermoor 8` Addition and authorize the necessary signatures AND adopt A RESOLUTION APPROVING THE FINAL PLAT FOR EVERMOOR 8 ADDITION. Second by Edwards. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 2001 PUBLIC HEARING: Vacation of Drainage Utility Easement in Carrousel Plaza South, Outlot A Mayor Busho explained the public hearing process. The Recording Secretary noted that the affidavits of notice and publication were on file. Interim City Engineer Weiss gave a brief overview of the need to vacate the drainage and utility easement for the Carrousel Plaza Townhontes. This small portion was left out during the initial Public Hearing held in November, 2000. Staff is recommending approval of the easement vacation. There were no comments from the audience. MOTION by Busho to close the Public Hearing for Vacation of Drainage Utility Easement in Carrousel Plaza South, Outlot A. Second by Edwards. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMNT VACATION ON THE CARROUSEL PLAZA SOUTH PLAT, OUTLOT A. Second by Klassen. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Receive Quotes /Award Contract Shannon Pond Excavation, City Project 331 Interim City Engineer Weiss reviewed the quotes received for excavation of Shannon Pond with the low quote being received from Friedges Excavating of Lakeville in the amount of $7,400. Friedges will provide some landscaping. A neighborhood meeting will be held prior to the construction. Trunk Highway 3, 145 Street to Lower 147 Street Community Development Director Parsons reviewed some reductions in the improvement project. Engineer Dave Hutton submitted a memo dated June 25, 2001 breaking out the expenses totaling $285,000. Interim City Engineer Weiss noted that the signal lights did not need replacement at this time so MnDOT would not cost share that and the City has decided not to make the signal light improvements now. Weiss noted that the trees in this section would be replaced but no additional trees would be added. Sidewalks will be replaced. Council Member Riley noted that she does not oppose these improvements to Highway 3, however she feels uncomfortable moving ahead without the consent of the businesses involved. Riley suggested looking at the total vision with in -put from the businesses and residents, so support from them could be reached. This would also keep the City from possibly spending money twice for any changes in the future. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 2001 Mayor Busho noted that this phase of the plan will not raise taxes since it has been in the Capital Improvements Budget and the saving reserves will be used. Busho also stated that the redevelopment is an on -going process that the City will always be working on. MOTION by Edwards to authorize advertisement for bids for Trunk Highway 3 choosing Alternative 1 utilizing only city funds for this phase. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho. Nays: Riley. Motion carried. Announcements The July 11 Committee of the Whole will be held in the bandroom at the Community Center. The Leprechaun Days celebration will begin July 20` with various activities and the parade on July 28 Mayor Busho adjourned the meeting at 9:20 p.m. Respectfully submitted, dn Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2001 -24. yltn- Minutes were not approved. November 24, 2004 Community Development Director Lindquist discovered there were no recorded minutes for this meeting. I have provided a skeleton of the agenda representing the topics discussed; however, no minutes were preserved. Linda Jentink, City Clerk Nov. 24, 2004 Pursuant to due call and notice thereof the Committee of the Whole was held on July 11, 2001, at 6:30 p.m. in Room 221 of the Community Center. Mayor Busho called the meeting to order with Councilmembers Cisewski, Klassen, and Riley present. Staff members in attendance were City Administrator Burt, Community Development Director Parsons, City Plamier Pearson, Finance Director May, Police Chief Kalstabakken, Parks Recreation Director Schultz, and Interim City Engineer Weiss. DISCUSSION ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JULY 11, 2001 Rosewood Mixed Use Concept PUD Development Director Parsons presented Progress Land Company's proposal for a 107 -acre for commercial, business park, church, and residential with 54 single family units and 92 townhouse units. Discussion ensued on the City's wishes to accept the increased non residential uses and whether the housing mix meets the intent and requirements of the comprehensive plan. This may necessitate an amendment to the Comprehensive Plan. Comprehensive Plan Amendment for Sewer Capacity City Planner Pearson received correspondence from Met Council indicating a need to amend the Comprehensive Plan regarding the sanitary sewer diversion to the Empire Waste Water Treatment Plant. At issue was the met Council's concern that more effluent was being sent to Empire than was indicated in the 2020 Comprehensive Plan. The amendment process was suggested to acknowledge the overage and establish a contingency plan to divert some of the effluent back to the Rosemount Waste Water Treatment Plant in case of capacity issues at Empire. A public hearing is required. It will be held following an informational meeting the week of July 16 to 20. Staff is suggesting that a moratorium on development may be needed until sewer capacity is supported. Community Development Director Parsons reported that the amount of waste water flowing to the Empire plant was recorded incorrectly. Parsons noted that comprehensive plan amendments may be needed for the area where HWY 3 is being realigned near 160` Street and the Sunrise Lumber property and the McMenomy -Hertog property may need to be rezoned. City Hall Expansion Remodel Project Update and Furniture Community Development Director Parsons presented report by Amcon Construction Management comparing budgeted costs to actual costs for remodeling and expanding the Rosemount City Hall. Greg Stotko of Amcon attended to answer questions. Change orders were recommended increasing the budgeted amount to S2,079,876. Human Resource Director Graff supplied Council with an inventory of current City Hall fumiture and recommendations of retention or replacement of it. By reusing some of the furniture, the City could save $12,027. However, it was noted that the professional and uniform appearance would be slightly diminished. 1 1 UPDATES Stormwater Management Plan City Engineer Weiss discussed the Stormwater Management Plan. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2001- 25. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JULY 11, 2001 Parks, Trail and Open Space Master Plan Parks and Recreation Director Schultz gave an update on the parks and open spaces and the need to complete a trail system connecting parks and the Dakota County trail system. Respectfully submitted, Linda Jentink, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 17, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 South Robert Trail, in the Banquet Room. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, and Riley. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Police Chief Kalstabakken, Parks R. Recreation Director Schultz, and Interim City Engineer Weiss. New employee Charlie O'Brien, Code Enforcement Official, was introduced to City Council. The meeting was opened with the Pledge of Allegiance. One item was added to the Consent Agenda, Item 6.o. Temporary On -Sale 3.2% Malt Liquor License for KVAMS. Public Comment Laxman S. Sundae, 2055 120 Street, presented a petition to Council with 88 signatures requesting that the street easement in the recommended action for Item 7.a. be deleted. The petition signatures were from neighbors to the SchlukebieriAltendorfer land purchase. Sundae did not believe that proper notice was given for the public hearing. Terry McMenomy, 6659 Falstaff Rd, Woodbury, is a part owner with his two sisters of an 80 acre parcel near Schlukebier's. McMenomy asked "where would a road be plausible on his land The parcel has a lot of wetlands and would be land locked if no road were provided for. Aina Wiklund, 12110 Bacardi Avenue, requested alternative ways to gain entrance. Wikend said this has caused life -long distress and taken her privacy away. Chris and Lynda Schlukebier, 4750 Arbor Drive, Eagan, who are was buying Joe Altendorfer's home, commented that the requested easement was a surprise at the last meeting and that this road would only be 20 feet away from his house which encroaches on his privacy. John McMenomy, 1283 135 Street West, stated that the Altendorfer property was properly handled when comparing it with the Comprehensive Plan. The Plan states on page 116 that the road must fit the natural lay of the land. The land seems to be land locked. Ed Weissenger, Marie Avenue, South St. Paul, is an attorney for the Altendorfer's. Altendorfers are not in favor of the easement request by the City. Terry McMenomy requested that a feasibility study be conducted in order to preserve the wetlands. McMenomy was concerned about his property being land locked. Also the new landowners, Schlukebiers, have already done soil testing and determined where to place their house. There was no Response to Public Comment. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 2001 Proposed TH 52/117 Street Interchange Construction and United Pacific Rail Grade Separation Municipal Layout Interim City Engineer Bret Weiss introduced the engineers from Minnesota Department of Transportation, Ron Rauch le and Sue Kline. Rauchle gave a presentation of the proposed layout and changes to TH 55 and affected streets and rail lines. A State report from 1993 indicated that a grade separation interchange would improve the traffic and safety. The rail crossing just north of 117 Street will have a grade -over the top of the railroad and reconstruct the railroad line underneath TH 52. Most of the right in/right -out accesses will be closed. The rail switch on the north side of Koch Refining will need to be moved to the south side of their property. Also, major utilities will have to be moved to allow the interchange. The project will start in 2002 and be completed in the fall of 2003. The funding will be from the State of Minnesota and the various utility companies. The State will purchase any easement or property needed. Interim City Engineer Weiss is working with MnDOT to coordinate the improvements, especially near 140` Street and County Road 42. The East Side Watermain Project will not be affected by this project as the water lines were buried deep enough to avoid any relocation under TH 52. Mayor Busho emphasized the need for cross -arms at the railroad crossings and Weiss responded that MnDOT and the railroad will qualify criteria for safety. City Planner Pearson noted a public meeting on this study for 52/55 Highway Realignment at CR 42 This meeting will be held at the Pleasant Hills Library in Hastings on August 2, 2001 between 4 p.m. and 7 p.m. MOTION by Klassen to adopt A RESOLUTION APPROVING THE LAYOUT FOR THE TH 52/117` STREET INTERCHANGE AND THE UNITED PACIFIC RAIL GRADE SEPARATION. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Klassen. Nays: None. Motion carried. Consent Agenda MOTION by Klassen to approve the Consent Agenda with the addition of Item 6.o. Temporary On- Sale 3.2% Malt Liquor License for KV AIv1S. Second by Cisewski. Ayes: Busho, Riley, Klassen, Cisewski. Nays: None. Motion carried. a. Minutes of July 2, 2001 Regular City Council b. Bills Listing c. Donation Account Expenditure Administration d. Leprechaun Days Service Agreement Authorization For Closings e. Set Public Hearing for Cub Foods Off -Sale 32 "o Malt Liquor License f. Receive Letter Appealing of Board of Appeals Decision for Bay Bay Transfer Variance for Sign g. Authorize Plans Spec's /Authorize Ad for Bids Evermoor 6` 7 Street Utility Improvements, City Project 336 h. Approve Plans Spec's for Evennoor 8` Street Utility Improvements, City Project 337 i. Authorize Plans Spec's- Marcotte Pond Lift Station, City Project 338 j. Set Public Hearing for Bloomfield Addition Easement Vacation k. Set Special Meeting for Budget Workshop 1 1. City Hall Remodeling Electronics and Cabling m. Resignation of Employee n. Appoint Police Officer o. Temporary On -Sale 3.2% Malt Liquor License for KVAMS Schlukebier Addition Rezoning and Administrative Plat ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 2001 City Planner Pearson presented the request of Chris Lynda Schlukebier for rezoning from Agriculture to Rural Residential land use. The two lots fomued need access to Bacardi Avenue causing the Planning Commission to recommend an easement to be platted for streets and utilities. A variance process was followed due to hardship caused by the multiple wetlands. The variance required notice to neighbors within 350 feet and this was extended to one quarter of a mile -around the property. The City Attorney stated that the subdivision extraction would not be an unconstitutional taking. Pearson noted that requiring a feasibility study prior to a development request would be unusual. Interim City Engineer Weiss noted that a Transportation Study is planned for in 2003 which will identify major corridors, wetlands and topography information that will be helpful when platting roads. City Planner Pearson emphasized that this easement may never have to be used as a public street. If future development occurs in such a way that the easement is not used, it could be vacated with a request from the owners. Mayor Busho requested that item 4. on the resolution include utilities, not only street easement. Council consensus agreed. MOTION by Riley to adopt AN ORDINANCE REZONING THE 13.77 ACRES TO RURAL RESIDENTIAL in conformance with the Comprehensive Plan. Second by Klassen. Ayes: Riley Klassen, Cisewski, Busho. Nays: None. Motion caned. MOTION by Riley to adopt A RESOLUTION APPROVING THE ADMINISTRATIVE PLAT FOR SCLUKEBIER ADDITION with the addition of the words "and utilities" following "street" in item 4. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Application to Livable Communities Grant Program Community Development Director Parsons presented the resolution authorizing an application for an Opportunity Grant through the Livable Communities Demonstration Program. This grant would be used for the downtown re- development plan in the amount of $30,000 matching funds. If the planning process would change and the funds could not be used, then the City would not be obligated to proceed. MOTION by Cisewski to authorize an application for an Opportunity Grant through the Livable 1 1 1 Communities Demonstration Program through the presented resolution. Second by Riley. Ayes: Cisewski, Busho. Riley. Rlassen. Nays: None. Motion carried. Announcements Mayor Busho noted the public meeting for the TH 52/55 Highway Realignment on August 2 in Hastings at the Pleasant Hills Library. Evermoor's grand opening will be August 2"`'. A special meeting is set to review the budget on July 31', at 6:30 p.m. Leprechaun Days Celebration will begin July 20` through the 29 A float will be available for City Council and they are invited to participate in the parade on Saturday July 28` starting at noon with line -up number 8. Mayor Busho adjourned the meeting at 9:15 p.m. The City Council Agenda Packet is Clerk's File 2001 26. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 2001 Respectfully submitted, Linda Jentink, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 31, 2001 Pursuant to due call and notice thereof the Special Meeting was held on July 31, 2001, at 6:30 p.m. in Room 221 of the Community Center. Mayor Busho called the meeting to order with Councilmembers Cisewski, Klassen, and Riley present. Staff members in attendance were City Administrator Burt, Community Development Director Parsons, Finance Director May, Police Chief Kalstabakken, Parks Recreation Director Schultz and Fire Department Chief Aker. Budget Discussion A. City Administrator Burt presented information on additional staffing needs in 2002. The need for the positions is as a result of growth and keeping up with service. B. Burt presented information on Comparable Worth, Stanton Market data and recommended pay ranges for non -union positions for 2002. In addition, Butt, showed information related to the Minneapolis Cost of living and recommended a 3.75% market rate adjustment for employees in 2002. C. Burt presented information on a proposed change to the Fire Fighters pension. The proposal is to change the current system that would pay the firefighters a per call stipend and their pension would be increased over the next ten years to max the firefighters out on the amount they would receive as pension. Rosemount's current system allows a firefighter to receive a pension of 52,800 per year for each year of service with vesting at 10 years. The proposal would be to bring the firefighters to the maximum of $5,500 and remain at the max as the system is increased in lieu of salary. The rational for this change is if the retirement benefits are increased the hope is the average firefighter will stay with the department longer. The true increase to the overall budget for this benefit is $24,600 since $28,000 was removed from general govemment. D. Line item changes for each budget was discussed. Burt explained that because of the late ending date of the legislature and all of the changes, staff is not able to determine the impact of the changes at this time. As further information becomes available it will be presented to City Council for discussion and further direction. Revenues and continued discussion of the proposed budget will be held on August 15, 2001 and the next regular scheduled work session. The meeting was adjourned at 9:20 p.m. The City Council Agenda Packet is Clerk's File 2001 27. Respectfully submitted, Thomas D. Burt, City Administrator 1 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 7, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 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 LeFevere, Community Development Director Parsons, City Planner Pearson, Water Resource Engineer Donnelly, Fire Chief Aker, Parks Recreation Director Schultz. Interim City Engineer Weiss, and Finance Director May. The meeting was opened with the Pledge of Allegiance led by Fire Chief Scott Aker. Additional information was presented to Council for revisions to the minutes of July 17, 2001; and the resolution for Bern 6.m. Church of St. Joseph's /Jeffery Nelson Lot Split was amended to include a memo from Bret Weiss dated July 19, 2001, as an attachment for it; and the bid results for bond sales Item 10 c and 10 d. There were no public comments or response to public comments. Fire Explorer National Award Presentation Fire Chief Aker reported that the Fire Explorer Program was started three years ago jointly with Koch Refinery. It is a unique combination and the only Explorer group that can gain experience with municipal and industrial situations. The first year this group participated in competition at the State Fair they obtained the first place award. They had a recent trip to Washington, D.C. where they placed first in competitions at the National Fire and Emergency Services Exploring Conference. Jim Voelker and Jay Ford, Rosemount firefighters, and Pete Herpst and Harry Wickhorst from Koch Petroleum Co. are advisors for the Fire Explorer Program. The team members are Jake Rylander, Scott Ford, Ben Tapia, Keith Long, and Jason Bergerson. Council Member Klassen noted that Rosemount is a Community of Promise which promotes youth first. Congratulations to the Fire Explorer Program and their advisors. Mayor Busho also extended thanks to the Koch Petroleum Group for their involvement. Consent Agenda a. Minutes of July 17, 2001 Regular City Council b. Minutes of July 11, 2001 Committee of the Whole c. Bills Listing d. Donation Account Expenditure Administration ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 2001 MOTION by Edwards to approve the Consent Agenda with revisions to the minutes of July 17, 2001 and a change to the resolution for 6.m. Church of St. Joseph's/Jeffery Nelson Lot Split. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 2001 e. Ordinance Pledging City's Full Faith and Credit to Port Authority General Obligation Public Facility Bonds, 2001C f. Firefighters Relief Fund Schedules to State Auditor g. Approve Plans Spec's/Authorize Ad for Bid /Approve Project Cost Sharing h. Agreement with Dakota County- CSAH 42 (Diamond Path to Shannon Parkway), City Project 327 i. Receive Bids /Award Contract- Hawkins Pond Lift Station, City Project 328 j. Approve Plans Specs /Authorize Ad for Bid for Evermoor St' Street Utility Improvements, City Project 337 k. Street Lighting Contract with keel Energy, Highway 3 Project 1. Award Contract to Xcel Energy to Bury Overhead Power Lines on Highway 3 Project m. On Sale Liquor License on Public Premises Celts Irish Pub Grill n. Church of St. Joseph's Jeffery Nelson Lot Split Accept Bids and Award Sale G.O. Improvement Bonds, Series 2001A Accept Bids and Award Sale G.O. Storm Water Revenue Bonds, Series 2001B Finance Director May introduced Alan Erickson from Springsteds who related the process used to obtain the bond rating of A2 for the City of Rosemount. The bids were received earlier today with the lowest bid of 4.184 °A interest rate from United Bankers' Bank for Bond Series 2001A for the Eastside \k'atemlain and 4.6172% from Dain Rauscher Incorporated for Bond Series 2001B for Stone Water Revenue Bonds. Moody's Financial, who sets the mu ratings, said that Rosemount is in very good financial condition and that all indications show that our bond rating could improve with the next review. MOTION by Klassen to adopt a RESOLUTION ACCEPTNG OFFER ON THE SALE OF $1,325,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF'. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. MOTION by Cisewski to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,140,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 2001B AND PROVIDING FOR THEIR ISSUANCE. Second by Edwards. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. PUBLIC HEARINGS Mayor Busho explained the process for public hearings. City Clerk Jentink confirmed that the affidavits of posted and published notice were on file for all three public hearings. Bay Bay Transfer Sign Variance Appeal PUBLIC HEARING City Planner Pearson reviewed the Planning Commissions denial of the sign variance due to no 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 2001 hardship shown. The sign is larger and higher than allowed by 50 The applicant claims that the sign cannot be seen from Highway 52. Sam .Anderson of Bay Bay Transfer and Mike Lawrence of Signcrafters reasoned that the purpose of the sign would be to recruit truck drivers who drive on Highway 52. Lawrence had a table on readable size at certain distances which showed that the allowed sign would not be readable from Highway 52 and because they do not have land adjacent to the highway, a larger sign is needed. Council noted that the Highway 52 Corridor should be examined for changes in the sign ordinance. Council consensus was that it would be premature to allow this sign now. Mayor Busho opened the hearing for public comment and there was none from the audience. MOTION by Edwards to close the public hearing for the Appeal of Board of Appeals decision for Bay Bay Transfer Variance for a sign at 3686 140"' Street East. Second by Riley. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to uphold the decision of the Board of Appeals Adjustments for Bay Bay Transport sign variance denial. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho. Nays: Riley. Motion carried. Application for Off -Sale 3.2% Malt Liquor License for Cub Foods PUBLIC HEARING City Clerk Jentink reviewed the application by Supervalu Holdings, Inc. for a new Off -Sale 3.2% Malt Liquor License for the Cub Foods Grocery Store at 3784 150'" Street West. Cub Foods' opening date is expected to be August 24, 2001. Store Manager Tom Meaden was present and he reviewed the training policy used for both liquor and tobacco sales. Meaden explained that the software in the cash registers prompts the cashiers to ask age for tobacco and liquor sales. Cub Food also does random underage compliance checks four times a week. Mayor Busho opened the hearing for public comment and there was none from the audience. MOTION by Edwards to close the public hearing for Cub Foods application for an Off -Sale 3.2% Malt Liquor License. Second by Klassen. Ayes: Five. Nays: None. Motion carried. MOTION by Klassen to approve an Off -Sale 3.2% Malt Liquor License for Cub Foods at 3784 150 Street West by Supervalue Holdings, Inc. pending a Certificate of Occupancy. Second by Edwards. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. Drainage and Utility Easement Vacation for Bloomfield- PUBLIC HEARING Interim City Engineer Weiss was available for questions for the drainage and utility easement for Lot 15, Block 1, Bloomfield Addition. This was originally intended for ponding. Due to modified house elevation some grading revisions were necessary' to insure that storm water drainage will be contained on the lot. The easement is within the backyard of Lot 15. Council questioned iftaxes will be affected in any way. and staff noted taxes would not be affected. Mayor Busho opened the public hearing for comment. There was no audience comment. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 2001 MOTION by Edwards to close the public hearing for the Drainage and Utility Easement Vacation for Bloomfield. Second by Klassen. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMENT VACATION FOR LOT 15, BLOCK 1, BLOOMFIELD. Second by Cisewski. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Commercial Zoning Districts Zoning Text Atnendments City Planner Pearson reviewed the revised Commercial Zoning Districts with changes to permitted uses. Several council members requested a work session for more detailed explanation. A Downtown Overlay District was also described. Council Member Klassen recalled that a separation requirement had been discussed for hotels which was not incorporated into this revision. MOTION by Riley to adopt an ordinacne amending the Commercial Zoning Districts C 1, C3, and C4. Lack of a second. Motion pulled. MOTION by Klassen to table the ordinance amending the Commercial Zoning Districts. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Receive Bids /Award Contract Evermoor 6' 7 Street Utility Improvements, City Project 336 Interim City Engineer Weiss was available for questions regarding the bid opening resulting with a low bid of 5471,536.35 from Norhdale Construction Company. The project is paid for by the developer. MOTION by Edwards to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR EVERMOOR 6 AND 7 STREET AND UTILITY IMPROVMENTS, CITY PROJECT 336. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Riley, and Edwards. Nays: None. Motion carried. Hillcrest Homes, "Washington Heights" Preliminary Plat for Outlot C, McNamara Addition City Planner Pearson explained that this Preliminary Plat sets the expectations for, but not the boundary lines, for this General Commercial District parcel. It is located south of CSAH 42 between Crestone Avenue and Cimarron Avenues. It has been defined with three restaurants and two strip malls. The landscape requirement is set at 125% of the minimum requirements. Neighbors to the north are concerned with headlight invading their privacy, so the grading has been lowered and landscaping should help to screen lights. 1 1 MOTION by Cisewski to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR WASHINGTON HEIGHTS 1 ADDITION. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Announcements Mayor Busho reviewed the regular meetings for the up coming month. Mayor Busho adjourned the meeting at 9:41 p.m. The City Council Agenda Packet is Clerk's File 2001 -28. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 2001 Respectfully submitted, Linda Jentink, City Clerk 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE AUGUST 15, 2001 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on August 15, 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, Parks and Recreation Director Schultz, and Police Chief Kalstabakken. Set Dates for Public Works Director Interview HR Coordinator Graff presented information regarding the on -going Public Works Director recruitment and asked Council to review dates for scheduling an interview time. Council settled on a date for Public Works Director interviews at 10 a.m. on Saturday, September 8` Interviews will be held at the Rosemount Community Center. Commercial Zoning District City Planner Pearson presented proposed revisions to the Commercial Districts in the Zoning Ordinance. Further discussion of the Commercial Districts resulted in the following direction to staff: 1. Hotels and B&B's shall be separated by a minimum of 300 feet from churches and schools in the Traditional Downtown Overlay District. This does not apply to the Dakota County Technical College. However, the Council may have to consider an amendment to the liquor licensing standards to deal with DCTC. 2. "Educational Services" will be a conditional use in the C -1, Community Commercial District. The list will include: arts crafts, dance and self defense. Staff will work on "similar" language. This item will be on Tuesday's Council meeting agenda. Sidewalk Policy Parks and Recreation Director Schultz presented background information regarding process for reviewing of sidewalk development plans. Currently no written policy for sidewalk review exists. Mayor Busho outlined the process as she understood it to be. Council Member Cisewski requested that direction to staff regarding the Sidewalk Policy include developing a formal policy which would outline upkeep, maintenance, and replacement. Councilmember Klassen said that the underlying principle for the policy is that neighborhoods should be connected. A policy will be drafted by Parks and Recreation Director Schultz and then brought back to Council for further review. Boulevard Plantings Parks and Recreation Director Schultz presented background information regarding the question of how the City deals with boulevard trees. Councilmember Edwards asked for development of a policy that absolves the City of liability. Council also stated that if the width of the right of way along the boulevard is wide enough to provide for tree health then this is acceptable. However, if the right of way is too narrow to assure sustainability, trees should be moved back into the resident's lawn. The policy should also indicate who is responsible for costs incurred if the tree dies. A policy will he drafted by Community Development staff and then brought back to Council for further review. Proposed 2002 Budget Finance Director May presented the revenue side of the proposed 2002 budget. May indicated that changes in the tax laws this year will make setting the budget very challenging. Council's deadline for setting the preliminary levy is September 1.5 however. levy limit information from the County will not be forthcoming until after September 1' If action is not taken at the September 4 Council meeting, then Council must hold a special meeting in order to satisfy the deadline. There is the possibility that the City can petition for an extension. but the additional time is limited to 15 -30 days. Council indicated that they are reluctant to set preliminary numbers until they know what the leery limit will he. Therefore. Council directed May to follow a dual track: begin a request for an extension of the September 15 deadline and make plans to hold a special meeting on September 12 the day of the September Committee of the Whole meeting. if Council has had the opportunity to review levy limit information. The meeting was adjourned at 7:50 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2001- 29 Paula A. Graff, Human Resources Coordinator ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE AUGUST 15, 2001 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. August 21, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 South Robert Trail, in the Banquet Room. Mayor Busho called the meeting to order with Council Members Cisewski, Riley and Edwards. Also in attendance were City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Police Chief Kalstabakken, Parks Recreation Director Schultz, City Engineer Consultant Hutton, and Human Resource Coordinator Graff. The meeting was opened with the Pledge of Allegiance. The agenda was amended to include an additional item on the Consent Agenda: Approve Project /Order Plans Spec's/Receive Plans Spec's /Authorize Ad for Bid -Evers oor Wicklow Street Utility Improvements, City Project 342; and an Executive Closed Session was requested for Review of Public Works Director Interviews. There were no public comments or response to public comments. Swearing in of New Police Officers ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 21, 2001 Police Chief Gary Kalstabakken introduced two new police officers, Randy Trefethren and Krista Erickson. Trefetlren recently completed as Associate of Arts degree from Inver Hills Community College and has been with the Rosemount Police Reserve program for the last ten years. Erickson has a Bachelors degree from Winona State University and was a member of the Water Patrol for the Dakota County Sheriff's Office. Kalstabakken welcomed them and noted their excellent qualities will be a great addition to the Rosemount Police force. Mayor Busho swore in the two officers and acknowledged family and trends in the audience. Consent Agenda Council Member Cisewski pulled item 6.b. Minutes of August 15, 2001 Committee of the Whole from the Consent Agenda for discussion. Item 6.u. City Project 342 was added to the Consent Agenda. MOTION by Edwards to approve the amended Consent Agenda with the removal of Item 6.b. Minutes of August 15, 2001 Committee of the Whole for discussion and the addition of lteni 6. u. "Approve Project /Order Plans Spec's /Receive Plans Spec's /Authorize Ad for Bid- Evemtoor Wicklow Street Utility Improvements, City Project 342." Second by Cisewski. Ayes: Cisewski, Busho, Riley, Edwards. Nays: None. Motion carved. a. Minutes of August 7, 2001 Regular City Council b. Minutes of August 15, 2001 Connrittee of the Whole (revised) c. Bills Listing d. Payment #5 Final Payment 2000 Street Utility Reconstruction Improvements, City Project 316 1 1 1 e. Payment #8 Final Biscayne Point 3r Addition Street Utility Improvements, City Project 313 f. Payment #7 Final Rosemount Business Park, Phase 2 Street Utility Improvements, City Proj. 308 g. Order Plans Spec's Bloomfield 4 Addition Street Utility Improvements, City Project 341 h. Receive Bids /Award Contract Trunk Highway 3 Street Utility Improvements 145 Street West to Lower 147 Street West) City Project 318 i. Change Order No. 1, Rural Water SCADA System and Standby Generator City P. 302 j. Resignation of Employee k. Resignation of Employee 1. AFSCME Labor Agreement for 2002 -2003 m. Receive City Hall Furniture Bid and Award Contract u. Payments for City Hall Project o. Payment for City Hall Project Alpha Video p. Common Boundary Line for Wesley Rolling (14930 Dodd Blvd) and Kevin Ervasti (14950 Dodd Blvd.) q. Receive Letter of Appeal and Set Public Hearing Jacques Fence Variance r. Set Special Meeting s. Evennoor Wicklow (9 Addition Final Plat t. Approve Subdivision Agreement— Evermoor Wicklow (9` Addition u. Approve Project /Order Plans Specs /Receive Plans Specs /Authoritze Ad for Bid Evemroor Wicklow Street Utilities Improvements, City Project 342 6.b. Minutes of August 15, 2001 Committee of the Whole Council Member Cisewski requested that direction to staff regarding Sidewalk Policy include developing a formal policy which would outline upkeep, maintenance, and replacement. Council and staff agreed this had been discussed. MOTION by Edwards to approve the minutes of August 15, 2001 Committee of the Whole with additional information under the Sidewalk Policy. Second by Cisewski. Ayes: Busho, Riley, Edwards, Cisewski. Nays: None. Motion carried. Commercial Zoning Districts Zoning Text Amendments City Planner Pearson presented a draft ordinance for commercial districts with their definitions and regulations. This was discussed at a prior work session with City Council. Council Member Riley requested consideration of excluding new businesses from Outdoor Sales and Display of Merchandise and to extend the 48 hour limited truck and trailer parking. Council Member Edwards commented that this item needs to be passed "as is" and revisions could be taken care of later. Council Member Cisewski noted that ordinances should not be revised on a case by case basis, but need to set the standard for that commercial district. City Planner Pearson suggested adding 4.h. from C -2 to C -3 and C -4 districts. City Attorney LeFevere noted that a super majority on zoning ROSEMOUNT CITY' PROCEEDINGS REGULAR MEETING AUGUST 21, 2001 issues was no longer required due to last years legislative change and that three votes would carry a motion. Edwards requested this item be discussed further at a work session. MOTION by Cisewski to table the ordinance amending the Commercial Zoning Districts to a work session. Second by Riley. Ayes: Riley, Edwards, Cisewski, Busho. Nays: None. Motion carried. Evermoor Corrective Plat for Innisfree City Planner Pearson presented the request by Contractor Property Developers Company to adjust lot lines within ten existing lots located in the detached townhouse area between Birger Pond and Evermoor Parkway. The houses are larger than originally anticipated and the change allows the houses to meet the required six -foot side setbacks. MOTION by Riley to adopt A RESOLUTION APPROVING THE CORRECTIVE PLAT OF EVERAIOOR INNISFREE. Second by Cisewski. Ayes: Edwards, Cisewski, Busho, Riley. Nays: None. Motion carried. Announcements Mayor Busho reviewed the regular meetings for the up corning month and noted the grand opening of Cub Foods Thursday, August 23, 2001. Parks Recreation Director Schultz said they had held the first of three planning meetings for the City's Parks Master Plan. It was at Jaycee Park and good discussion was held. The next meeting for the Parks Master Plan is at the Community Center on August 27 and the final meeting is at the Central Park on August 29. City Attorney LeFevere noted that the Open Meeting Law govems that policy for hiring personnel be discussed at a regular meeting, not in closed session. The Mayor indicated that the next item would not be an Executive Closed Session. Public Works Director Interviews Human Resource Coordinator Graff reported that the national search for a Public Works Director had produced two very good candidates. Graff asked if Council would re- consider travel expenses for those coming for interviews. Neighboring cities have offered this to interested interviewees and it is very common in business. It was Council consensus to continue with the interview process as established, with interviews on September S, 2001 w ithout the benefit of travel expenses. Any negotiations with a specific candidate should be after the interviews. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 21, 2001 Mayor Busho adjourned the meeting at 8:27 p.m. The City Council Agenda Packet is Clerk's File 2001 -30. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 21, 2001 Respectfully submitted, Linda Jentink, City Clerk ROSENIOUNT CiTY PROCEEDINGS REGULAR MEETING SEPTEMBER 4, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. September 4, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 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 LeFevere, Community Development Director Parsons, Police Chief Kalstabakken, Parks Recreation Director Schultz, Interim City Engineer Weiss, and Finance Director May. The meeting was opened with the Pledge of Allegiance led by Toni Meaden, Cub Food's manager. Public Comment Richard Erdrich, 12420 Bacardi Avenue, was unhappy with the change to the hunting ordinance dividing line which moved to Akron Avenue. Erdrich pointed out two issues; the destruction of property and public safety. Erdrich noted that buckthorn is taking over the woods leaving less food for deer. Because of less of their natural food being available, they enter yards and feast on the landscaping. Erdrich has seen 21 deer in his yard at one time. The other problem is car -deer accidents. Without any hunting allowed west of Akron Avenue, more deer will be crossing roadways. Erdrich would like to have a special deer hunt considered. Mayor Busho noted that the vote for the hunting ordinance change was a 3 -2 vote. These same issues were considered at that public hearing. Councilmember Klassen noted that if the deer become a nuisance issue a controlled management hunt could be looked into by the police chief. Consent Agenda MOTION by Klassen to approve the Consent Agenda. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. a. Minutes of August 21, 2001 Regular City Council b. Bills Listing c. Receive Bids /Award Contract Evermoor 8"' Street Utility Improvements, C. P. 337 d. Approve Plans Spec's /Authorize Ad for Bids Marcotte Pond Lift Station, C. P. 338 e. Local Housing Incentives Account Program, Metropolitan Livable Communities Act f. Wicklow Final Plat Correction g. City Hall Payments h. Cancel Special Meeting for Public Works Director interviews i. Set Public Hearing Vacate Easement Broback Eighth Addition j. Set Public Hearing Vacate Easement Evernioor 3r Addition k. Approve 2001 Dispatch Agreement 1 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 4, 2001 Receive Bids /Award Contract CSAH 42 Street Utility Improvements (Diamond Path to Shannon Parkway), City Project 327 Interim City Engineer Weiss reported on the bid opening held Friday, August 31st for City Project 327. This is a cooperative effort with the City and Dakota County so the cost will be split about half and half. The on -site engineering inspections will be handled by city staff. Staff recommends the low bidder of McNamara Contracting, Inc in the amount of 5718,575.25. MOTION by Edwards to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR CSAH 42 STREET AND UTILITY IMPROVEMENTS (DIAMOND PATH TO SHANNON PARKWAY), CITY PROJECT 327. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Resolution Setting 2002 Preliminary Levy Finance Director May reported that the legislative changes have altered the budget process and accurate forecasts for next year's revenues and expenditures cannot yet be clearly made. However, Dakota County must have the levy amount by September 1 7th. Staff recommends the levy amount be based on the needs for the up corning year rather than levying to the full amount permitted. Council has discussed the 2002 Preliminary Levy at work sessions on July 31st and August 12th. May noted that residents should expect to have taxes remain fairly level, however, the cap on market value of homes has been removed so the base value of homes may rise. City Administrator Burt reported that the loss of HACA and changes to the LGA (state funding programs) will leave the cities with fewer revenues. Many cities are choosing to levy to the maximum limit because of the uncertainty of future legislation. It appears that cities with growth will be Netter off than cities that do not have further development going on. Council felt comfortable with levying to the amount of our needs and not setting the levy at the maximum amount. MOTION by Cisewski to adopt A RESOLUTION SETTING THE PRELIMINARY 2002 GENERAL FUND OPERATING BUDGET, THE PRELIMINARY 2002 C.LP. BUDGETS, THE PRELIMINARY 2002 INSURANCE BUDGET AND THE PRELIMINARY 2002 LEVY REQUIRED BY THE CITY OF ROSEMOUNT based on our needs. Second by Klassen. Council Member Edwards requested that the word "anticipated" be added to the motion before the word "needs." Edwards noted that budgets are staffs best guess to expenditures and revenues. Both the motion maker and the second agreed to this clarification. MOTION by Cisewski to adopt A RESOLUTION SETTING THE PRELIMINARY 2002 GENERAL FUND OPERATING BUDGET, THE PRELIMINARY 2002 C.I.P. BUDGETS, THE PRELIMIINARY 2002 INSURANCE BUDGET AND THE PRELIMINARY 2002 LEVY REQUIRED BY THE CITY OF ROSEMOUNT based on our anticipated needs. Second by Klassen. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. 2 1 Westhaven Preliminary and Final Plat The Community Development Director Parsons reported on the infill development of single family homes north of County Road 42 on Dodd Boulevard. This will combine three existing parcels and creates 5 new lots. A walking trail is provided on the south side of Dodd Blvd. from Chippendale to CR 42. There will he trees planted on the boulevard which has ample area. Park dedication will be given in money. Dodd Blvd. will not go through to Diamond Path, so traffic is not expected to increase. MOTION by Busho to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR WESTHAVEN. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. MOTION by Busho to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR WESTHAVEN with the additional terminology on item 2. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. Ann ouncemen ts ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 4, 2001 Mayor Busho reviewed the regular meetings for the up coming month. On Saturday, September 8 Habitat for Humanity will have open houses for the two new residents off of Dodd Boulevard and Dallara Avenue. Dakota County Technical College will hold its Appreciation Day on September 13, 4 to 8 p.m. Also, planning sessions for Highway 52 will be held on Sept 11' 4 to 6 p.m. and Highways 52/42/55 at Hastings Public Library on September 13. The downtown planning consultant will give a presentation to the Northern Dakota County Chambers ofComrnerce on Sept. 18". Mayor Busho thanked Toni Meaden of the new Cub Foods for his donation to the City which will be partially used for new banners in the downtown area. Mayor Busho adjourned the meeting at 8:25 p.m. The City Council Agenda Packet is Clerk's File 2001 -31. Respectfully submitted, v //z7 Linda Jentink, CitYClerk 1 Pursuant to due call and notice thereof the Conunittee of the Whole Work Session was held on September 12, 2001, at 6:30 p.m. in the Central Park Shelter, 2875 145'" Street West. Mayor Busho called the meeting to order with Councilmembers Cisewski and Klassen present. Staff members in attendance were City Administrator Burt, Parks Recreation Director Schultz, and City Planner Pearson. Seasonal Parking Policy A policy will he assembled that uniformly bans parking on local streets in the early mornings for snow removal. Dodd Shannon Parkway Stop Sign Staff will compare the intersection with typical standards to see if the warrants are met for a stop sign. Boulevard Tree Policy The policy will relieve the City of the responsibility of replacing dead boulevard trees. Homeowners will be allowed to replace boulevard trees in their yards. Boulevard trees could be planted in the Right -of -way if a Homeowner Association is willing to be responsible. Large Public Gathering on City Parkland The Park Recreation Director will bring back information at a future work session. Public Works Director Update An RFP will be sent to several engineering consulting firms for two years of service. Then the City will have the option of renewing the search if the employment picture changes. Commercial Zoning Districts Text Amendments Trailer sales will not be permitted in any commercial district. The meeting was adjourned at 9:00 p.m. The City Council Agenda Packet is Clerk's File 2001 -32. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE SEPTEMBER 12, 2001 Respectfully submitted, Rick Pearson, City Planner 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 18. 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 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 LeFevere, Community Development Director Parsons, Planning Intern Jones, Police Chief Kalstabakken. Parks Recreation Director Schultz, Interim City Engineer Weiss, and City Planer Rick Pearson. The meeting was opened with two minutes of silence in honor of the World Trade Center deaths and recovery efforts followed by the Pledge of Allegiance led by Police Chief Kalstabakken. There was no Public Comment or Response to Public Comment. Agenda Changes City Administrator Burt added two items to the Consent Agenda: Hiring of P/T Parks Recreation Receptionist and Hiring of P. /T Building Inspections Secretary. Additional information was added to Public Hearing Item 7. Variance Appeal for Margaret Jacques, a letter from a neighbor against the valiance. Consent Agenda Council Member Klassen requested discussion on Consent Agenda items 6. c., d., j., k., and 1. City Administrator Burt noted that he would also like to pull items 6.j. and k. MOTION by Klassen to approve the Consent Agenda removing items 6.c., d., j., k., and 1. for discussion. Second by Cisewski. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Minutes of September 4, 2001 Regular City Council Bills Listing a. b. e. Award Contract for Police Department Radio f. Approval of Change Orders for City Hall Project g. Declare Cost for Assessment /Set Public Hearing for Rosemount Business Park, Phase II Street Utility Improvements, City Project 308 h. Declare Cost for Assessment/Set Public Hearing for 2000 Street Utility Reconstruction Improvements (Dodd Blvd), City Project 316 Approve Subdivision Agreement for Westhaven j Shannon% a,+ SStopn r. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 2001 Authorizi Improvement. C.P. 312 m. Commercial Zoning Ordinance Revision n. Hiring of PIT Parks Recreation Receptionist Add -On o. Hiring of P/T Building Inspections Secretary Add -On 6.c. Teamsters Labor Agreement for 2002, 2003 Council Member Klassen asked this item be reviewed in light of the events in New York and Washington D.C. expecting an economic downturn. If residents are to be impacted then perhaps this should be reconsidered at a work session to lower the bottom -line for taxpayers. Mayor Busho noted that three other labor unions have settled already so that good faith negotiations with the Teamsters should be honored. Busho attended meetings with other city leaders and Governor Ventura has advised governance to continue with the norm until there is reason to change. City Administrator Burt noted there really is no way to prepare for war. Burt said his goal was to have all labor unions accounted for in the budget prior to setting the levy. Council Member Riley asked if the Teamsters contract costs are included in the 2002 Budget and Burt replied that they are included in it. Council Member Edwards noted that in Tight of the previous settlements, he would agree to move forward with this labor agreement. Klassen noted she was concerned with Rosemount's future economy. MOTION by Busho to approve the Labor Agreement for Teamsters Local 320 for the years 2002 and 2003 and to authorize the necessary signatures. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion caned. 6.d. Approval of Non -Union Salaries for Year 2002 Council Member Klassen noted her concems are the same for this item as the preceding one. Council consensus was to move forward. The recommendations are based on pay equity compliance, comparability with other Stanton VI cities, and market rate adjustments as discussed at the July special meeting. MOTION by Busho to approve the noted non -union position salary ranges for the year 2002. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. 6.j. Approval to Install Stop Signs City Administrator Burt was concerned about the timing of installing stop signs on Shannon Parkway at the intersection of Dodd Boulevard. A stop sign would not be installed if only the traffic warrants are considered. Public safety issues however could justify installing a stop sign. Rather than set precedence for future policy making, discussion at a work session could help decide what policy should be developed for installing stop signs. Staff could respond uniformly with proper policy and City Council would not have to make a decision on individual requests. Klassen noted that signs can give residents a false sense of security. It has been reported that Shannon Parkway is traveled more since the Cub Foods store opened and discussion was held as to when would be the best time and if traffic warrants should be collected again when Dodd Boulevard street improvement is complete. That project will be completed by October 15, 2001. hnrim City Engineer Weiss was confident that 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 2001 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 2001 the traffic warrants would not be increased enough to place a stop sign there. Weiss also noted that the traffic on Shannon Parkway will be slowed by a stop sign. There are about four other intersections where residents want a stop sign. Consensus was to table this to the Work Session in October to determine a policy. 6.1. Approval of Installation of School Zone Signs and Change of Speed Limit on Shannon Parkway Police Chief Kalstabakken requested discussion on this because Minnesota Department of Transportation (MnDOT) has set the speed limit after a speed survey and Council is not authorized to change that speed limit unless it is in a school zone. Shannon Parkway speed limit is now at 35 MPH based on a traffic study by MnDOT. Staff recommends lowering that speed with signs that state "30 MPH when children are present" in the school zones by Shannon Elementary School. MOTION by Riley to approve the installation of "School Zone" signs on Shannon Parkway near the borders of Shannon Park Elementary School and to install "30 MPH When Children Are Present" on Shannon Parkway in the area of the crosswalk located at 137''' Street to the area of the crosswalk located at Evermoor Parkway in accordance with the Minnesota Uniform Traffic Control Device Manual. Second by Cisewski. Discussion ensued. Council Member Klassen suggested that orange flags or some means of added attention be attached to the new signs to heighten awareness of the traffic change. The Motion's first and second agreed to this addition to the motion. MOTION by Riley to approve the installation of "School Zone" signs on Shannon parkway near the borders of Shannon Park Elementary School and to install "30 MPH When Children Are Present" on Shannon Parkway in the area of the crosswalk located at 137' Street to the area of the crosswalk located at Evennoor Parkway in accordance with the Minnesota Uniform Traffic Control Device Manual and staff will add motorist alert flags. Second by Cisewski. Ayes: Cisewski, Busho. Riley, Edwards, Klassen. Nays: None. Motion carried. 6.1. Authorization to Consider Change Order for Wicklow (Evermoor) Street Utility Improvements, City Project 342 Interinn City Engineer Weiss reported that there were no bids received for this development. Weiss noted the reasons it did not attract any bidders is that it is a small project (10 lots) and this late in the year most contractors are trying to finish all jobs before winter. Council Member Klassen asked why that should be a concern of the City. City Attorney LeFevere noted that even in 429 Special Assessment Projects up to 25% of the project can be added for change orders. This project is not assessed to residents but is fully paid for by the developer so it is not hurting the public in any way. Weiss noted that DR Horton is looking at purchasing this for development and so his currant contractor in Evennoor may be interested in including this development as a change order. Council was comfortable with this as long as the plat is not changed. 3 PUBLIC HEARINGS ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 2001 MOTION by Riley to authorize pursuing adding Evermoor Wicklow Addition Street and Utility Improvements, City Project 342 to an existing city project. Second by Busho. Ayes: Busho, Riley, Cisewski. Nays: Klassen. Present: Edwards. Motion carried. Mayor Busho explained the Public Hearing process for the audience. There will be opportunity for public comments following staff and applicant presentations. City Clerk Jentink reported that the affidavits for public notice and publication for all three hearings are on file. PUBLIC HEARING: Appeal of Board of Appeals Decision for Jacques Variance to Fence Height Requirement, 15130 Dartmoor Court Planning Intern Aaron Jones gave a presentation of the Planning Commission's denial for the fence height and encroachment of side yard on a corner lot for Jacques. The public hearing was held on August 14, 2001. Ordinance allows for a 42 inch high fence within this setback area. The variance was denied since no hardship was shown. Margaret Jacques, 15130 Dartmoor Court, showed photos of various fences in the near -by area with fences on corner lots. Most of them appeared to be within the side -yard setbacks. Jacques presented a drawing of her lot and several neighbors. This showed that her fence would be 97 feet from Dartmoor Trail with 30 MPH it would take about six car lengths to stop and this would be sufficient. Also, although six other homes have these privacy fences, no accidents have occurred, showing that safety has not been jeopardized. Council Member Klassen noted that the Planning Commission is the 'gate keeper" for the city rules and regulations. They are required to stick to policy. The City Council has the authority to deviate from these rules if justified. City Administrator Burt remarked that staff has all done their jobs colTectly for this. Burt was concerned that many non conforming fences could be legitimized with policy change. Mayor Busho requested that fences on corner lots be considered at a work session. The Public Hearing was opened for comments. Don Nelson, 15156 December Trail, said he is the nearest neighbor to Jacques and is in support of their privacy fence. Nelson noted that so many neighbors have fences similar to their request that it would be unfair not to allow this. Marion Shaw, 15150 Dartmoor Path, supports Jacques fence request. Shaw was concerned about discrimination regarding application on the fence regulations. Shaw rioted that privacy on a corner lot is desirable. MOTION by Edwards to close the Public Hearing for the Variance Appeal for Margaret Jacques, 15130 Dartmoor Court. Second by Klassen. Ayes: Five. Nays: None. Motion carried. 4 1 MOTION by Edwards to reverse the decision of the Board of Appeals and Adjustments for the fence variance for Margaret Jacques, 15130 Dartmoor Court. Second by Klassen. Ayes: Edwards, Klassen, Busho, Riley. Nays: Cisewski. Motion carried. Council Member Cisewski explained that although she understood the Jacques desire for the privacy fence she could not vote against the ordinance established in good faith by past City Councils. Mayor Busho called for a five minute recess. The meeting was reconvened at 9:10 p.m. PUBLIC HEARING: Drainage Utility Easement Vacation Lots 4 -7, Block 1 and Lots 2 -7, Block 2, Evermoor 3r Addition Interior City Engineer Weiss reported that this is a "housekeeping" item for Innisfree Development Plat. The easements were dedicated for public use and will not now be needed, so the land can be vacated for the individual lots. The Public Hearing was opened for comments. There were no comments. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 2001 MOTION by Edwards to close the Public Hearing for Drainage Utility Easement Vacation for Lots 4 -7. Block 1 and Lots 2 -7, Block 2, Evermoor 3" Addition. Second by Riley. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMENT VACATION FOR LOTS 4 7, BLOCK 1 and LOTS 207, BLOCK 2 EV ERIIIOOR 3 ADDITION. Second by Klassen. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. PUBLIC HEARING: Drainage Utility Easement Vacation Lot 1, Block 1, Broback Eighth Addition Westhaven Interim City Engineer Weiss noted that the drainage and utility easements for Westhaven could be vacated because they will not be needed for public use. Lot 1, Block 1, will be replatted. Six new lots are created in the Addition. The Public Hearing was opened for comments. There were no comments. MOTION by Edwards to close the Public Hearing for Drainage and Utility Easement Vacation, Lot 1, Block 1, Broback Eighth Addition. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMENT VACATION FOR THE WEST 10.00 FEET AND THE NORTH 10.00 FEET OF LOT 1, BLOCK 1, BROBACK EIGHT ADDITION. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski. Busho. Nays: None. Motion carried. Biscayne Pointe Fourth Addition Concept PUD Review ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 2001 City Planner Pearson reviewed the request by Thomas Von Bische of Heritage Development who has been working with staff and the Planning Commission to design a single- family development of about 68 lots. Sewer and water will be available due to the placement of St. Joseph's Catholic Church and Educational Center next to this parcel. Pearson noted that the street alignment is hard to determine without a transportation study for this area. Cisewski noted it is not up to staff or the Planning Commissioners to design or give suggestions for a concept plan. Discussion was held regarding if this should be tabled and if there was a 60 day vile in effect. The consensus was that the presented concept plan should be denied with findings of fact. MOTION by Edwards to direct staff to prepare findings of fact in support of denial of the concept PUD for Biscayne Pointe Fourth Addition. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Mayor Busho requested that when the contract for a City Engineer is established, an East -Side Transportation Study should be conducted. Amendment to Driving Parking Regulations, City Ordinance 8 -2 Police Chief Kalstabakken presented a winter parking ban to facilitate the safe and efficient removal of snow from city streets by the Public Works staff. Prohibiting parking on city streets during the early morning hours should result in fewer vehicles being parked on the street so fewer snow bird tags will be issued. Many communities in the metropolitan area have adopted seasonal parking restrictions. City Attorney LeFevere recommended clarifying the two inch snow fall as "snowfall, wind or other weather condition has resulted in an accumulation of snow of two inches (2 or more so that it is easy to enforce and easy for residents to determine. Odd even parking was considered but judging from Mitmeapolis it seemed to be too difficult to educate residents to comply with. City Administrator Burt noted that snow plowing typically begins in the early morning hours in order to have the collector streets open when residents are on their way to work. This will be the First Reading of the Ordinance Amendment which states the following: Seasonal Parking Restrictions: No person shall park a vehicle or permit it to stand upon any public street, highway or alley during the following times: 1. between the hours of 2:00 a.m. and 6:00 a.m. between November 1 and April 1 of each calendar year. 2. at any time after a snowfall, wind or other weather condition has resulted in an accumulation of snow of two inches (2 or more in depth on the public street, highway or alley until the street, highway or alley is plowed curb to curb. 6 1 1 Staff could provide a "hot line" recording in order for residents to check if a snow emergency is declared in Rosemount or not. Notice of the parking restrictions will be placed in the water bill newsletter. This will be considered again on the Consent Agenda at the next City Council meeting. Announcements Mayor Busho reviewed the regular meetings for the up corning month. There will be a Vermillion River Watershed Management meeting on September 19 and Minnesota Valley Transit Authority will be having a meeting September 19 at 7 p.m. in Apple Valley. Council Member Riley closed the meeting with some thoughts on the collapse of the World Trade Center and read from the Bible parts of Psalm 37 to encourage unity and faith. Mayor Busho adjourned the meeting at 10:15 p.m. The City Council Agenda Packet is Clerk's File 2001 -33. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 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 Tuesday. October 2, 2001. at 7:30 p.m. at the Rosemount Community Center at 13885 South Robert Trail, in the Banquet Room. Mayor Busho called the meeting to order with Council Members Klassen and Riley. Council Members Cisewski and Edwards were absent. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, Police ChiefKalstabakken, Parks Recreation Director Schultz. Interim City Engineer Weiss, City Planner Rick Pearson and Fire Chief Scott Aker. The meeting was opened with the Pledge of Allegiance. Agenda Changes Public Comment ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 2, 2001 City Administrator Burt removed item 8.b. Minor PUD Amendment for Rosemount Commons, Claret Springs East due to lack of information from the developer. An add -on was requested for new business, Resignation of Planning Commissioner and Appointment, Mayor Busho assigned this as Item 8.c. Denise Lewis. 15754 Case Trail, expressed her support of Independent School District 196 levy and explained the grass roots efforts to get information to the public. Lewis noted that there is a direct link of the economic vitality of the City to the school district. if the proposed levy referendum is not passed, programs and teachers will be cut. Many residents will consider moving to a better school district. Lewis asked City Council to consider a resolution in support of the school levy at the November election. Sheryl Johnson, 3620 158' Street West. Johnson moved here one year ago because of the highly reconmiended school district. Johnson had lived in Arizona and witnessed the market value of homes drop due to tluee failed school levies. Johnson joined the organization "Unite 196" to educate herself and pass accurate information on to the public to encourage voting for the levy in November. Deanna Bredt, 14565 Delft Avenue West, has a four year old daughter who will be in ISD 196 soon. Bredt thanked Council Member Riley for her enthusiastic support at a September 9"' meeting. Bredt noted that some information in editorials was not accurate and could mislead many. Dakota County has had tremendous growth and the schools need to adjust their budgets. Bredt stated that the November 6' vote is critical to the future of our children and community. There was no response to previous public comment. 1 Declare National Fire Prevention Week Fire Chief Scott Aker reviewed the Rosemount Fire Department's school education program for National Fire Prevention Week, October 7 to October 13, 2001. They will visit four elementary schools with safety tips and handouts. There will be an open house on October 16' at 6:30 p.m. to 9:00 p.ni. The Fire Department will have demonstrations of equipment which will include the LifeLink helicopter, Fire Safety House, car extrication, and fire hose handling. This year, hotdogs and hamburgers will be prepared by retired firefighters for a donation. Aker invited everyone to attend. MOTION by Busho to declare the week of October 7 to 13, 2001 as National Fire Prevention Week. Second by Riley. Ayes: Klassen, Busho, Riley. Nays: None. Motion carried. Declare Minnesota Cities Week Mayor Busho wished to show Rosemount's support of Minnesota Cities Week by proclaiming the week of October 7 to the 14 2001, as "Cities Week." Although Rosemount will not have an open house due to the remodeling of city hall, we support the League of Minnesota Cities program "Building Quality Communities." Busho noted that it is likely that an open house will be held in March or April for the new Rosemount City Hall. MOTION by Riley to declare the week of October 7 to 14, 2001 as Minnesota Cities Week. Second by Klassen. Ayes: Busho, Riley, Klassen. Nays: None. Motion carried. Minnesota Manufacturing Technology Month Community Development Director Parsons presented a proclamation supporting the yearly contributions that manufacturing and technology industries bring to the economy. The Chambers of Commerce will recognize several businesses locally. MOTION by Klassen approve the proclamation for Minnesota Manufacturing Technology Month, October 22 through November 23, 2001. Second by Riley. Ayes: Riley, Klassen, Busho. Nays: None. Motion carried. Consent Agenda Council Member Klassen requested discussion on Consent Agenda items 6. a Minutes of September 18, 2001 Regular City Council. MOTION by Klassen to approve the Consent Agenda after tabling item 6.a Minutes of September 18, 2001 Regular City Council to the next meeting. Second by Riley. Ayes: Klassen, Busho, Riley. Nays: None. Motion carried. b. Bills Listing ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 2, 2001 Tabled to next meeting Findings of Fact: Denial for Biscayne Pointe 4 Addition ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 2, 2001 c. Expenditure from the Donation Account for Parks Recreation Department d. Expenditure from the Donation Account for Fire Department e. Hiring of P11 Building Attendant f. Rosemount Business Park Special Assessment Agreement g. Amendment to Driving Parking Regulations, City Ordinance 8 -2 -2C h. Change of Regular Meeting Time i. Order Plans Specs for Wensmann Pond Stabilization, City Project 334 j. Payment 2 and Final, Broback 3rd Stormsewer Improvements, City Project 319 k. Resignation of Employee 1. Approve Pay Request N4 for City Hall Project m. City Planner Pearson presented the Findings of Fact for denial of a concept planned unit development for Biscayne Pointe Fourth Addition. The plan failed to conform to intersection spacing criteria and five other findings. City Attorney LeFevere reviewed the Findings and found them acceptable. MOTION by Klassen to adopt A RESOLUTION FOR DENIAL OF A CONCEPT PLANNED UNIT DEVELOPMENT FOR BISCAYNE POINTE FOURTH .ADDITION REQUESTED BY HERITAGE DEVELOPMENT BASED UPON FINDINGS OF FACT. Second by Riley. Ayes: Busho, Riley, Klassen. Nays: None. Motion carried. Modification of Working Hours SCAH 42 (Diamond Path to Shannon Parkway) Street Utility Improvements, City Project 327 Interim City Engineer Weiss reviewed the intersection improvement project requesting additional work hours for the constntction. Detours will be necessary but, by allowing nighttime work hours, detours could be shortened from three weeks to 5 days. When the storm sewer section is installed, the contractor is requesting that constniction start at 5 a.m. to get the most daylight hour working time. Staff is in favor of granting the work -hour extension to complete the work as quickly as possible and allow the minimal impact on the surrounding neighbors. MOTION by Riley to authorize the contractor for the CSAH 42 Reconstruction Project between Diamond Path and Shannon Parkway to extend their work hours from 10:00 p.m. to 6:00 a.m. and setting up appropriate detours while doing storm sewer crossings. Second by Klassen. Ayes: Riley, Klassen, Busho. Nays: None. Motion carried. Resignation of Planning Commissioner Appointment Planning Commissioner Jeff Caspar has submitted a letter of resignation effective October 9 2001. City Council is asked to accept his resignation. 3 1 City Administrator Burt asked direction for appointment of a new chairperson and on filling the vacancy. Planning Liaison Klassen said she spoke with Planning Commissioner Jcff Wei sensel, who is the vice- chair, and he was willing to chair the meetings until an appointment is made. Consensus was to wait until the full City Council was present to consider the appointment process. MOTION by Klassen to accept the resignation of Planning Commissioner Caspar and wish him well at his new endeavor. Second by Busho. Ayes: Klassen, Busho, Riley. Nays: None. Motion carried. Announcements Mayor Busho reviewed the regular meetings for the up coming month. All are invited to the Fire Department Open House on October 16, 2001. Mayor Busho adjourned the meeting at 8:00 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 2, 2001 Respectfully submitted, RA/ i- A Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2001 -34. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE OCTOBER 10, 2001 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on October lo, 2001. at 6:30 p.m. in the Band Room. 133885 South Robert Trail. Mayor Busho called the meeting to order with Councilmembers Cisewski, Klassen, Edwards, and Riley present. Also present were City Administrator Burt, Police Chief Kalstabakken, Community Development Director Parsons, Parks and Recreation Director Schultz and City Planner Pearson. School Resolution Council members felt it was inappropriate for the Council to adopt a resolution in support of the ISD 196 levy. hrdividuals may respond unofficially. Klassen offered wording for an alternate resolution noting the impact of a failed levy would have on the City. Planning Commission Chair and Vacancy Prospective Commissioners (and Chair) names will be brought to the next Committee of the Whole meeting. Stop Sign Policy A policy will be assembled with the Development Review Committee as a source of recommendations regarding stop sign requests in unique situations. Fence Policy Most of the Council members were satisfied with the variance and appeal process as it related to back yard fences. Donation Policy The donation policy was discussed. Council has to accept donations prior to spending, and no political favors will be granted. Mixed Use Update Work on the Mixed Use Ordinance and land use map will be on hold until the TH 52 55 CSAH 42 studies are complete. MnDOT has proposed that TH 52 will have a bridge over reactivated rail road tracks expanded to allow a local street underpass if the City will build local streets. Also, Staff will check with the City Attorney to see if mineral extraction can be made a non conforming use, with all future extraction being limited to five year maximum grading permits in conjunction with required end -use plans. Endres Update Endres' track record for fire calls has raised safety issues. The Port Authority could discontinue TIF financing for Endres if necessary. Staff will further investigate how to go about removing a business from Rosemount. Staff is also looking into possible emission problems. 1 1 1 The meeting was adjourned at 9:00 p.m. The City Council Agenda Packet is Clerk's File 2001 -35. ROSEMOUNT CITY PROCEEDINGS COMM ITTEE OF THE WHOLE OCTOBER 10, 2001 Respectfully submitted, Rick Pearson, City Planner 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 16, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 South Robert Trail, in the Banquet Room. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Edwards and Riley. Also in attendance were City Administrator Burt, City Attorney Greensweig, Community Development Director Parsons, Parks Recreation Director Schultz, Interim City Engineer Weiss, City Planner Pearson, Consulting Engineer Erichson and Water Resource Engineer Donnelly. The meeting was opened with the Pledge of Allegiance. Agenda Changes ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 16, 2001 City Administrator Burt submitted a revised draft of the September 12, 2001 Committee of the Whole for Item 6.b. Public Comment Jeff Fadden, 12231 Biscayne Avenue, noted that he did not think it was appropriate for City Council to vote on a resolution proposed by Independent School District 196 in support of the levy question. Fadden felt it was not "city business." Fadden continued that Council Member Klassen should not be eligible to vote on it due to conflict of interest. Response to Public Comment Mayor Busho responded to the public comment of October 2, 2001. Three people interested in promoting yes votes on the school levy represented Independent School District 196. They had proposed a resolution that Council reviewed at a work session. It was their consensus that it would not be appropriate for City Council to endorse a resolution supporting the school district. Each council member can individually decide how he or she wishes to support this issue. Consent Agenda Council Member Klassen requested discussion on Consent Agenda items 6. c. Minutes of October 10, 2001 Committee of the Whole. Council Member Cisewski also noted she would abstain from voting on Item 6.a. Minutes of October 2, 2001 Regular City Council because she was absent on that date. MOTION by Edwards to approve the Consent Agenda with the revised draft of 6.b. Minutes of September 12, 2001 Committee of the Whole and removing item 6.c Minutes of October 10, 2001 Committee of the Whole for discussion. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. a. Minutes of October 2, 2001 Regular City Council 1 b. Minutes of September 12, 2001 Committee of the Whole c. Minutes of October 10, 2001 Committee of the Whole Pulled for discussion d. Bills Listing e. Expenditure from Donation Account Parks Recreation Department f. AmeriCorps Promise Fellows Initiative Grant g. Budget Amendments h. Change Order #1, East Side Watermain Improvements, City Project #320 i. Change Order #1, Evemroor 4 Addition, City Project #333 j. 2002 Dakota County Recycling Solid Waste Abatement k. Expenditure from Donation Account Police Department 1. Subdivision Agreement, Bloomfield Fourth Addition m. Bloomfield Fourth Addition Final Plat Minutes of October 10, 2001 Committee of the Whole ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 16, 2001 Council Member Klassen requested several changes to these minutes. Consensus was to incorporate the changes and present it at a later meeting. MOTION by Busho to table the minutes of October 10, 2001 Committee of the Whole. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. PUBLIC HEARING: Assessment Hearing, Rosemount Business Park, Phase 2 Street Utility Improvements, City Project 308 Mayor Busho explained the public hearing process and the City Clerk confirmed that the affidavits of posted and published notice were on file for both public hearings. Busho acknowledged that one objection letter was received from Don and Carol Wachter for City Project 308. City Engineer Weiss reviewed City Project 308 for the Rosemount Business Park Phase 2. The assessments are spread between the Rosemount Port Authority, Business Park occupants, the University of Minnesota and Donald and Carol Wachter. Dave Simons of S E H Engineering, was the Project Manager and is available for questions. Mayor Busho opened the Public Hearing for public input. Donald and Carol Wachter, 15247 Biscayne Avenue, protested their assessment and did not agree that the footage used to detenuine the assessment was correct. Staff will be available for Yachters to talk about the footage discrepancy. Wachters also noted that the road is not accessible to them. MOTION by Busho to dose the public hearing for the Assessment Hearing, Rosemount Business Park, Phase 2 Street Utility Improvements, City Project 308. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 16, 2001 MOTION by Edwards to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE ROSEMOUNT BUSINESS PARIS, PHASE II STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 308. Second by Klassen. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. PUBLIC HEARING: Assessment Hearing, 2000 Street Utility Reconstruction Improvements, City Project 316. City Engineer Weiss reviewed City Project 316, the reconstruction of Dodd Boulevard between Chippendale Avenue and Shannon Parkway plus Cimarron Avenue between 145 Street and Dodd Boulevard. This project converts the rural road to urban road. The project cost was $1,018,263 which was paid through utility funds and assessment to twelve properties. SuperAncerica had contacted the City about concepts of double assessments due to the 145' Street improvements last year. MOTI ON by Busho to close the Public Hearing for the Assessment Hearing, 2000 Street and Utility Reconstruction Improvements, City Project 316. Second by Cisewski. Ayes: Busho. Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. MOTION by Cisewski to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE 2000 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT 316. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski. Busho. Nays: None. Motion carried. Minutes of Regular Meeting of September 18, 2001 The minutes of September 18, 2001 had been tabled at the October 2i Regular City Council meeting for further review. Council Member Cisewski agreed with the change on page six showing she had made the statement in the first paragraph. MOTION by Cisewski to approve the minutes of September 18, 2001 with the change to page six, paragraph one, quoting Cisewski rather than Klassen. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Rosewood Mixed Use Concept PUD; Progress Land Company City Planner Pearson reviewed the concept Planned Unit Development (PUD) by Progress Land Company. It is 107 acres of land west of Biscayne Avenue between CSAH 42 and 145 Street. This development will include 50 acres with 86 single family homes and 45 bay homes. This is near Greif Brothers industry. The Planning Commission agreed that this development is consistent with the comprehensive plan and meets all setbacks. Council Member Edwards objected to the size of the lots and home size. Pearson explained that the PUD allows higher density in one area when balanced by lower density in another area. Pearson explained that the City's overall goal for single fancily is 65 This development will bring the housing percentages to 73.4% for single fancily and 26.5% other, including multi- detached. Council ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 16, 2001 Member Riley noted that there is an association which will help to retain the home value. The commercial area and next to it will not be developed with this project. Any exception areas would have to go through the Planning Commission for approvals. Access points were discussed. City Council Member Klassen had concerns with the lack of planning for access points to the exception area and commercial area, and for this reason would vote no on the motion. The alignment of streets and placement of houses would allow for further street connections to the west if needed. Eight conditions were placed on their resolution approval which Progressive Land Company said they will comply with. Mike Olson, Progressive Land Company, noted that there was no concept plan for the commercial, church area, or exception lot. Access is not likely to be allowed on CSAH 42. Olson did not think it appropriate to put housing close to CSAH 42. There is a tree inventory being done on the property and there will be some ponding on the church site. He plans to give a cash park dedication. Rick Harrison, explained the housing types. Bay homes have the parking in the rear with the front of the house facing the street. These homes will be 1200 to 2000 square feet and cost front S 180,000 to S220.000. An association will handle the maintenance. This type of home has been built in Hutchinson. Rogers, and Hanover. Minnesota. Council Member Riley noted that she liked the concept of the bay homes and thought there would be v alue there for buyers. MOTION by Busho to adopt A RESOLUTION APPROVING THE CONCEPT PLANNED UNiT DEVELOPMENT FOR PROGRESS LAND COMPANY, INC. No second was applied. The motion died. City Planner Pearson noted that the developer has satisfied the regulations of the comprehensive guide plan. If they change a significant part, they must apply for an amendment. Council discussed the railroad noise and safety, Greif Brothers noise, and the land use issue. The zoning was changed to residential when the removal of the railroad spur was planned, but the spur was not removed. Riley suggested that an amendment to the comprehensive plan might be in order for the hest use of the land. City Council Member Klassen had concerns with the lack of planning for access points to the exception area and commercial area, and for this reason would vote no on the motion. MOTION by Busho to adopt A RESOLUTION APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT FOR PROGRESS LAND COMPANY, INC. Second by Riley. Ayes: Cisewski, Busho, Riley. Nays: Klassen. Present: Edwards. Motion carried. Associated Wood Products, Set Public Hearing, Dec. 18, 2001 Community Development Director Parsons reviewed the request from Associated Wood Products, Inc. to have the City of Rosemount sponsor a loan to the company with funds from the Minnesota 4 Investment Fund, which is operated by the Minnesota Department of Trade Economic Development. The State requires that cities do a formal loan review or business credit analysis prior to submitting an application to the State. The Port Authority recommends that the application be reviewed by the City Attorney and any costs be paid by Associated Wood Products. This loan is to support local economic efforts by allowing the city to keep the first S100,000 in payments. This business will generate about 20 jobs in Rosemount. Council consensus was to move forward with the application, but not set the public hearing until after any forthcoming inforniation is reviewed. MOTION by Cisewski to authorize the initiation of information gathering pertinent to the loan application to the Minnesota Investment Fund by Associated Wood Products with review by the City Attorney and all costs for the City's review to he paid by the company. Second by Klassen. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Announcements Mayor Busho reviewed the regular meetings for the upcoming month. The MVTA will meet November 23, 2001 and a downtown workshop will be held October 25 at the Rosemount Middle School. A Halloween party will be Saturday, October 27, 6 p.m. to 8 p.m. Clock will be changed by daylight savings time on Sunday, October 28 Mayor Busho adjourned the meeting at 9:16 p.m. The City Council Agenda Packet is Clerk's File 2001 -36. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 16, 2001 Respectfully submitted, Linda Jentink, City Clerk Agenda Changes Consent Agenda 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 6, 2001, at 8:00 p.m. due to the school board elections, held at the Rosemount Community Center at 13885 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 LeFevere, Community Development Director Parsons, Interim City Engineer Weiss, City Planner Pearson and Police Chief Kalstabakken. The meeting was opened with the Pledge of Allegiance led by Interim City Engineer Weiss. Revisions were presented for item 6.a. the Minutes of October 16, 2001 Regular City Council and October 10, 2001 Minutes of Committee of the Whole; also item 6.h. Accept Funds and Authorize Expenditure from Donation Account for administration Banners the executive summary sheet inadvertently says it is from Parks and Recreation Department when it should state the Administration Department. Council Member Klassen requested that item 8 b. Associated Wood Products: Set Date of Public Hearing be pulled from the agenda because direction was given that this would not be considered unless staff reviews were complete. Council Member Klassen had an additional change to the Minutes of October 16, 2001 and requested item 6. I. Authorize Feasibility Report for Connemara Trail Extension, City Project 330 be pulled for discussion. Council Member Edwards requested that item 6.h. Accept Funds and Authorize Expenditure from Donation Account for Administration, Banners be pulled for discussion. MOTION by Edwards to approve the Consent Agenda removing 6.a., 6.h., and 6. 1. for further discussion. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. a. Minutes of October 16, 2001 Regular City Council Pulled for discussion b. Revised Minutes of October 10, 2001 Committee of the Whole c. Bills Listing d. Expenditure from Donation Account for Parks Recreation e. 200ID G.O. Stormwater Revenue Refunding Authorizing Issuance and Setting Bond Sale f. 2001E G.O. Community Center Refunding Bond Issuance, Authorizing Issuance and Setting Bond Sale g. Expenditure from Donation Account for Administration, Web Page h. Accept Funds and Authorize Expenditure from Donation Account for Administration, Banners Pulled for discussion i. Hiring of Firefighters 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 2001 j. Appointment of Police Officer k. Change Order #2, East Side Water Tower, City Project #302 1. Authorize Feasibility Report for Connemara Trail Extension, City Project 330 m. Approve Plans Specs/ Authorize Ad for Bid for Wensmann Pond Stabilization, C. P. 334 Pulled for discussion 6.a. Minutes of October 16, 2001 Regular City Council Council Member Klassen requested that her concerns be included in the discussion on Rosewood Mixed Use Concept PUD for Progress Land Company on pages 3 and 4. Klassen requested the following sentence be inserted, "City Council Member Klassen had concerns with the lack of planning for access points to the exception area and commercial area, and for this reason would vote no on the motion." MOTION by Klassen to approve the revised minutes of October 16, 2001 Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Item 6.h. Accept Funds and Authorize Expenditure from Donation Account for Administration, Banners Council Member Edwards had concerns with the policy in place, specifically referring to how to accept and use the donations. Mayor Busho noted that this has been discussed at work sessions and this item should move forward. MOTION by Edwards to table Item 6.h. for discussion at a worksession. Second by Klassen. Discussion ensued. Ayes: Klassen, Cisewski, Busho, Edwards. Nays: Riley. Motion carried. Item 6.1. Authorize Feasibility Report for Connemara Trail Extension, City Project 330 Council Member Klassen asked why 429 debt would be used with this project. City Administrator Burt responded that it was not appropriate in this case to assess the whole project to the developer, St. Joseph's Catholic Church, because this extension has been in the city plans for years and it will improve the east -west traffic flow. The City has not requested any 429 debt in over a year and staff is in favor of this application. If the feasibility report brings out information that would change staff's recommendation there would be opportunity to do that. Evermoor would be assessed 100% for the west end portion, the golf course, manufactured home park, and St. Joseph's Catholic Church for the east portion. Klassen asked if the extension would be completed in 2002 and staff responded affirmatively. MOTION by Klassen to adopt A RESOLUTION ORDERING A FEASIBILITY REPORT FOR THE CONNEMARA TRAIL EXTENSION (FROM SHANNON PARKWAY EAST OF BISCAYNE AVENUE), CITY PROJECT 330. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Preliminary Plat Revision for "Washington Heights" Outlot C, McNamara Addition City Planner Pearson reviewed the KFC application for an additional driveway that leads directly to the fast food site in the northwest corner of Outlot C. Staff does not agree with this request because that driveway is only 40 feet from Claret Avenue Traffic flow would be stack between the driveway and the intersection. Staff recommends aligning the driveway past the lot line requiring access easements for KFC. Angie Wells represented KFC from Ohio. Wells agreed to the change and thanked staff for their awesome job finding a solution. Staff recommended denying the original request and further negotiations would continue with KFC. MOTION by Edwards to adopt A RESOLUTION DENYING THE PRELIMINARY PLAT REVISION BASED UPON FINDINGS OF FACT. Second by Riley. Ayes: Busho, Riley, Edwards. Klassen, Cisewski. Nays: None. Motion carried. Traffic Signing Standards Policy Police Chief Kalstabakken presented a policy regarding placement of traffic control devices. This policy will clarify the City's procedures for determining placement of traffic control signs and signals in a uniform way. The policy follows the standards and recommendations of the Minnesota Manual on Uniform Traffic Control Devices and focuses on public safety. MOTION by Klassen to adopt City Policy PS 1: Traffic Signing Standards. Second by Edwards. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. SKB Interim Use Permit Modification City Planner Pearson introduced a team of representatives for SKB Environmental: Rick O'Gara, Mike Fullerton, Bill Keagan, and John Domke. SKB was established in 1992 and modified its Interim Use Permit in 1997 for construction of a demolition cell. Their current request is to increase the capacity of the overall Waste Management lot by utilizing the gaps between the existing cells which would give it a more natural look hill look rather than four pyramid shapes. The IUP now allows for 200,000 cubic yards and the expanded amount is 5,750,000 cubic yards. Council Member Klassen noted that this should be handled like a zoning amendment and allow for a public hearing. Council Member Edwards also believed this should require a zoning ordinance change first. then consider SKB's request. Pearson noted that hazardous waste is not allowed anywhere on this site. Rick O'Gara, President of SKB gave a presentation with models showing the change this would make for the end use. Additional landscaping would be incorporated and top soil 4 to 12 feet deep allowing for large trees to be planted. O'Gara was asked about traffic which he said would increase 185 trucks per day from 150 to 25 trucks now delivering waste. Access would change to improve safety. Council Member Cisewski asked about this being similar to a "transfer station" which was denied two years ago. O'Gara noted that all loads are required to be identified and reported to Dakota County. The Environment Protection Agency keeps records of all calls and the disposal process. The liners are thicker than requirements call for and the leachate will be hauled away. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 2001 1 ROSENMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 2001 O'Gara noted that there have never been any violations at any of his companies. City Attorney LeFevere gave some options for Council to follow. MOTION by Busho to direct staff to start the process to amend the zoning ordinance for the Waste Management District and get further detailed information for the Interim Use Permit. No second. Motion died. Discussion ensued. MOTION by Edwards to deny the resolution amending the Interim Use Permit for SKB. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried City Administrator Burt suggested that this discussion be continued until the zoning ordinance can be amended, about 30 to 35 days. Additional information should be available then from the state and the county. Council Member Klassen noted that she was opposed to this amendment. Klassen said she was against incinerator ash several years ago and maintains that sentiment. Klassen asked who would be responsible when the liners wear out in 2038? Would the city have liability then? Klassen felt there were too many questions with out answers. Mayor Busho said that SKB has had four different owners since its beginning. Busho noted that SKB is the most responsible of all the owners. Busho said she would support a zoning ordinance amendment for SKB. Council Member Cisewski said she was uncomfortable with the huge volume being requested. Council Member Riley noted that this was already a permitted use and the area cannot be magically removed. MOTION by Edwards to move the agenda. Second by Klassen. Discussion occurred. Ayes: Edwards, Klassen. Nays: Cisewski, Busho, Riley. Motion failed. Council Member Edwards said the hour was late and he "moved the agenda" to shorten the meeting. The City Attorney explained this would have required that discussion on the SKB request stop and the next item on the agenda would be considered. MOTION by Busho to direct staff to go to the Planning Commission to review the Waste Management District ordinance, continue to gather more detail and review the Interim Use Permit conditions for SKB. Second by Riley. Ayes: Busho, Riley, Cisewski. Nays: Edwards, Klassen. Motion carried. Associated Wood Products: Set Date of Public Hearing City Administrator Burt recommended this be pulled from the agenda based on the need for further information. Council and staff agreed. 1 1 Announcements Mayor Busho adjourned the meeting at 10:45 p.m. The City Council Agenda Packet is Clerk's File 2001 -37. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 2001 Mayor Busho noted that the deadline for submitting names for the Planning Commissioner vacancy is Wednesday, November 7, 2001, at noon. Respectfully submitted, Linda Jentink, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE NOVEMBER 14, 2001 Pursuant to due call and notice thereof the Committee of' the Whole Work Session was held on November 14, 2001, at 6:30 p.m. in the Band Room, 13885 South Robert Trail. Mayor Busho called the meeting to order with Council Members Klassen and Edwards present at 6:30 p.tn. Council Member Riley arrived at 8:20 p.m. Also present were City Administrator Burt, Police Chief Kalstabakken, Finance Director May, Community Development Director Parsons, Parks and Recreation Director Schultz and City Planner Pearson. Evermoor Cable Television Bob Vose city attorney from Kennedy Graven presented the history of the applicant's request and noted the difficulties of a limited area franchise. Vose explained that the developer has now found an additional partner and they are interested in a competitive cable franchise. Vose explained both the federal and state requirements for a franchise. Council requested that this item be place on a Council Agenda for action. Budget May presented information on the impact of the budget on individual tax statements for 2002. The examples showed a reduction in taxes even with increases to market values. Chief Kalstabakken updated Council on Dakota County Technical College (DCTC) request for a hill-time police officer at the college. DCTC has indicated they will pay all costs associated with an officer assigned to the college. Staff will continue to negotiation with DCTC and bring it back to City Council. The CIP was discussed. The 2002 CIP will be presented as part of the 2002 budget. Burt indicated the need to focus on the streets CIP in future years. The City constructs 2.5 to 3 miles of road each year but only reconstructs .5 mile of road each year. Over the next few years increasing the amount of fiends in the street CIP will be evaluated. Detached Townhomes Detached townhomes were discussed because of concerns that the City is not getting enough open space or other considerations in return for the option. City Planner Pearson explained that detached townhomes have typically been used on property that does not easily support standard R -1 Single Family Detached housing. Council Member Klassen expressed her frustration that the developers are not providing substantial open space in return. The direction provided to staff was to ensure that the developers provide more open space and other amenities as trade -offs for the allowance of detached townhomes. Donation Policy An updated Donation Policy was presented to Council, at their request. Discussion was held on receipt of donations and direction was given to clarify in the "Criteria" section, letter (g), the language pertaining to the possible perceived obligation of the City when money is received from other organizations. Also Council directed staff to clean up some of the grammaticisnt in the document and return it for their consideration at the November 20` Council meeting. Planning Commissioner Appointment Council discussed the names presented at the meeting and recommended that Sheila Hathaway be contacted to see if she would like to serve on the Planning Commission. If she declines, David Tombs will be contacted. The appointment will be put on a future Council meeting. The meeting was adjourned at 9:00 p.m. The City Council Agenda Packet is Clerk's File 2001 -38. 2 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE NOVEMBER 14, 2001 Respectfully submitted, Thomas D. Burt, City Administrator Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 20, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 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 LeFevere, Community Development Director Parsons, Interim City Engineer Weiss, City Planner Pearson, Police Chief Kalstabakken, and Water Resource Engineer Donnelly. The meeting was opened with the Pledge of Allegiance. Agenda Changes Additional information was provided for item 6.a. Minutes of November 6, 2001 Regular City council meeting completed minutes, item 6.c. Donation Policy corrections made, item 6.k. Memorandum of Understanding with MnDOT revisions provided by the State, item 7.b. Receive Bids /Award Contract for Marcotte Pond Lift Station Improvements bid results, and the addition of item 7.c. Empire Discharge Pipe. Public Comment ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 20, 2001 Mayor Busho explained the process for public comments. Thomas Alton. 14906 Cimarron Avenue, expressed concern with his ability to meet the requirements for recreational vehicle parking. Thomas Raschke, 14573 Damask Avenue, stated his residence was built many years ago and not designed to meet the ordinance for recreational vehicle parking. Mr. Raschke feels RV's are important to his family for having fun and is requesting allowances to maintain spontaneity of using the RV's. Larry Wheeler, 14875 Cimarron Avenue, was concerned with the RV ordinance as it pertains to parking in both the summer and winter months. Robert Olson, 14590 Danville Avenue, had questions regarding the parking of RV's. Mr. Olson would like to partake in the development of the regulations. Stephanie Reis, 14865 Crandall Avenue, believes the parking of RV's in the rear yard would become an eyesore. Stephanie Strange, 4135 158` Street West, would have reconsidered the purchase of her home and the lot had she been informed of the requirements for RV storage. Dan Buckley, 14785 Cambrian Avenue, has parked his RV in his yard for ten years and works on it periodically. If the vehicle is stored off site he can't do this. 1 1 1 Mayor Busho explained the ordinance has been in place for several years, but directed staff to research information on the RV ordinance and return to the next City Council meeting scheduled for December 4, 2001 with the results. Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 20, 2001 Council Member Cisewski requested item 6.a. Minutes of November 6, 2001 Regular City Council be pulled. Council Member Klassen requested item 6.a. Minutes of November 6, 2001 Regular City Council be pulled and item 6.i. NRG Processing Solutions Contract Addendum. MOTION by Cisewski to approve the amended Consent Agenda removing 6.a., and 6.i. for further discussion Second by Riley. Council Member Edwards noted he would coast a no vote for item 6.e., Expenditure from Donation Account for Administration Banners. Vote on motion. Ayes: Klassen, Cisewski, Busho, Riley and Edwards. Nays: None. Motion carried. a. Minutes of November 6, 2001 Regular City Council b. Bills Listing c. Donation Policy d. Expenditure from Donation Account for Administration, Web Page e. Expenditure from Donation Account for Administration, Banners f. Mineral Extraction Permit Renewal Shafer Contracting Co. g. Publication for Cable Communication Franchise h. Pay Request No. 5 for City Hall Project i. NRG Processing Solutions Contract Addendum j. Set Public Hearing for Bloomfield Easement Vacation k. Memorandum of understanding with Minnesota Department of Transportation I. Lot Consolidations 12965 and 12995 Bengal Avenue, Schunidt /Kohout Properties m. Hiring of Part-Time Parks Recreation Secretary 6.a. Minutes of November 6, 2001 Regular City Council Council Member Cisewski requests the minutes for the SKB Modifications to state, `would increase of 185 trucks per day," versus "would increase to 185 trucks per day." Council Member Klassen requested affirmation regarding the completion of Connemara Trail and that it be reflected in the minutes. MOTION by Cisewski to approve the Minutes of November 6, 2001 Regular City council with noted changes. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley and Edwards. Nays: None. Motion carried. 6.i. NRG Processing Solutions contract Addendum ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 20, 2001 Council Member Klassen Requested clarification regarding the ability of NRG to accept waste from February 16, 2002 through December 31, 2002. Water Resource Engineer, Chad Donnelly responded that residential development moving toward the plant itself discontinued, therefore allowing the extended time period to accept waste. MOTION by Klassen to approve amended addendum relating to prior composting agreement. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, and Edwards. Nays: None. Motion carried. Rosemount 2020 Comprehensive Plan Corrective Text Amendment City Planner Pearson presented a correction to the comprehensive Guide Plan. The Comprehensive Plan indicates the increase in flows based on projected development, but omitted the existing flows in the Empire WWTP service area. Discussion by the Council ensued regarding text amendments and the possibility of other issues surfacing with this correction. City Administrator Burt explained this would be a correction to the text and the possibilities of opening other issues were remote. MOTION by Riley to authorize staff to prepare a corrective text amendment to the 2020 Rosemount Comprehensive Plan concerning sanitary sewer flows to the Empire Waste Water Treatment Plant and submit it to the Met Council. Second by Busho. A friendly amendment was made by Edwards to modify the original motion to include the wording "should Met Council increase or respond..., we withdraw the application. Mayor Busho felt that if there were underlying issues, they would have surfaced by this time. Council Member Edwards withdrew his friendly amendment. Vote on motion. Ayes: Klassen, Cisewski, Busho, and Riley. Present: Edwards. Nays: None. Motion carried. Receive Bids /Award Contract for Marcotte pond Lift Station Improvements, City Project 338 Interim City Engineer Weiss presented the Council with the bid results for the Marcotte Pond Lift Station Improvements City Project #338. Mr. Weiss recommended awarding the contract to Landwehr Construction Inc. with a bid amount of $282,136.00. MOTION by Edwards to adopt a resolution receiving bids and awarding contract for Marcotte Pond Lift Station Improvements City Project #338. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, and Klassen. Nays: None. Motion carried. Empire Discharge Pipe Mr. Weiss apprised the Council regarding the underground pipe to the Empire WWTP that was installed in 1986. The pipe was originally installed 47 feet from the street. When the street was 3 1 redone it would have fallen into the right -of -way. The county has shifted the road and the pipe now falls into a proposed development. No easements were obtained when the original pipe was installed, only a waiver of trespass. The developer has proposed working with the city to relocate the pipe and obtain proper easements. The cost is estimated to be between $20,000 and $40,000 with funding corning from the trunk area core funds. Discussion ensued by the Council weighing the pros and cons of relocating the underground pipe and this time. MOTION by Edwards to direct City Administrator Burt and Interim City Engineer Weiss to negotiate with this developer. Second by Busho. Ayes: Busho, Riley, Edwards, Klassen, and Cisewski. Nays: None. Motion carried. Announcements City Hall will be closed Thursday and Friday, November 22 and 23 in observance of the Thanksgiving holiday. Park Recreation Commission will meet November 26. 2001. Platminu Commission will meet November 27, 2001. The next City Council meeting will be Tuesday, December 4, 2001 at the Community Center. Mayor Busho adjourned the meeting at 8:25 p.m. The City Council Agenda Packet is Clerk's File 2001 -39. ROSEMIOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 20, 2001 Respectfully submitted, 7 Maryann Stoffel, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 4, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 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 LeFevere, Community Development Director Parsons, Interim City Engineer Weiss, City Planner Pearson, Code Enforcement Official O'Brien, Police Chief Kalstabakken, Parks Recreation Director Schultz and Finance Director May. The meeting was opened with the Pledge of Allegiance led by Police Chief Kalstabakken. Agenda Changes Additional information was provided to update the bid results for the Bonds, Series 200ID and E, items 8 a. and 8 b. Public Comment Mayor Busho explained the process for public comments. There were no comments made. Response to Public Comment Mayor Busho noted that staff had done a great job of researching the recreational vehicle (RV) parking topic presented by residents at the last meeting. Busho noted that the parking regulation is not new, however staff has been directed to enforce all code violations throughout the city. This direction was taken following a citizen survey where residents indicated there was room for improvement on code enforcement. On March 6, 2001 the RV parking ordinance was actually relaxed from 10 foot side setbacks to 5 foot setbacks in order to make more lots suitable for sideyard parking. Code Enforcement Official O'Brien explained his process of notification. O'Brien contacts the resident or business, explains with handouts what is expected, and explains the amount of time the resident has to bring the violation into compliance. Residents are often not happy about the information and often the time requirement for compliance can be negotiated. Paving surfaces can't always he done in colder months. Up to three letters are sent, each allowing ten days for compliance. After that time a citation would be issued requiring a court date. Council Member Riley restated that the Ordinance restricts the parking of recreational vehicles on a paved surface on the side or rear yard of the home. Riley felt the ordinance should be reviewed again at a work session to allow seasonal parking in the driveway. The length of time accepted for parking an RV in the driveway is 24 hours. Often 24 hours is not reasonable for parking in your driveway when it is the appropriate season to use RV's. The City of Burnsville allows parking in front of the home seasonally. Staff was directed to recommend some changes at the up coming work session if there is enough time for preparation; if not, it can be handled at the January work session. Police Officer Oath of Office ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 2001 Police Chief Kalstabakken and Mayor Busho delivered the oath of office to Jeremiah Simonson who accepted the office of a Rosemount Police Officer. Simonson had been working for Rosemount as a Community Service Officer in the Police Department. Simonson attended Nonnandale Community College and earned his bachelors degree from Metropolitan State Uiversity. Simonson was described as enthusiastic and as having a passion for his job. City Council and city staff welcomed the new police officer. City Engineer Consulting Services City Administrator Burt reviewed the Request for Proposal process used to provide engineering consulting services for the City. Two fimts were interviewed, S E H and WSB. WSB Associates are recommended as the best fit for the city's engineering needs. Andrew Brotzler from WSB will maintain an office here daily and Interim Engineer Bret Weiss will be available when needed, as he is familiar with current projects. Brotzler will begin January 2, 2002 for the annual rate of $65,000 with special projects at a billable rate. MOTION by Edwards to approve the contract with WSB for consulting engineer services and to authorize the necessary signatures. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Consent Agenda Council Member Klassen requested item 6.c. Minutes of November 6, 2001 Regular City Council be pulled for discussion. Council Member Cisewski noted she would not be voting on item 6.b. because she was not present at that meeting. MOTION by Cisewski to approve the amended Consent Agenda removing 6.c. for discussion. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. a. Minutes of November 20, 2001 Regular City Council b. Minutes of November 14, 2001 Committee of the Whole c. Revised Minutes of November 6, 2001 Regular City Council Pulled for discussion d. Bills Listing e. Cooperative Agreement with MNDOT for Snow Removal on Trunk Highway #3 f. Change Meeting Date to January 2, 2002 g. Set Special Meeting h. Planning Commission Appointment i. 10 Year Capital Improvement Plan (CIP) Working Program j. Dakota County Drug Task Force Joint Powers Agreement k. Revision to Snowplowing Policy 1. Lot Split, Abbott Property Heritage Development m. Declare Surplus Property n. Authorize Advertisement for Bid for Refurbishing of 1986 1250 GPM Ford General Pumper No. 35183 o. Accept Tort Liability Insurance Limits p. 2002 Liquor License Renewals; On and Off Sale, Club q. Approval of Change Orders for City Hall Project 2 6.c. Minutes of November 6, 2001 Regular City Council PUBLIC HEARING: Easement Vacation Outlot C, Bloomfield ROSEMOUNT CITY PROCEEDINGS REGULAR NI EETING DECEMBER 4, 2001 Council Member Klassen requested that the completion timeline for the Connemara Trail Extension be clearly stated in the minutes of November 6, 2001 since several development projects are in process for that area. City Administrator Burt reviewed the completion phases. Highway 3 west to the water tower will be completed in 2002: Highway 3 east over the railroad tracks will be done in 2003 due to negotiations with the railroad company. Interim Engineer Weiss met with St. Joseph's Catholic Church and they will use a southern access to Biscayne Avenue in 2002. MOTION by Klassen to approve the revised minutes of November 6, 2001 with information on the completion of Connemara Trail. Second by Cisewski. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion caned. Mayor Busho explained the hearing process. City Clerk Jentink affirmed that the posted and published affidavits were on file for the Easement Vacation for Bloomfield, Outlot C. Interim Engineer Weiss explained that the plat for Bloomfield included the dedication of drainage and utility easements for future ponding areas located in the northeast portion of the site. After the completion of grading, the ponding areas are better defined and the proposed areas will not be needed. There were no questions. MOTION by Edwards to close the public hearing for Easement Vacation Outlot C, Bloomfield. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMENT VACATION IN OUTLOT C, BLOOMFIELD ADDITION. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. Accept Bids and Award Sale G.O. Storm Water Revenue Refunding Bonds, Series 2001D Accept Bids and Award Sale G.O. Community Center Refunding Bonds, Series 2001E Finance Director May presented the results of the bid openings handled by Springsted Financial Advisors on December 4, 2001 at 12:00 p.m. United Bankers' Bank was the low bidder on both issues, which will allow the city to save approximately $32,000 on Bond D and $40,000 on Bond E. Mayor Busho thanked staff for helping the city experience this amount of savings. MOTION by Edwards to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $805,000 GENERAL OBLIGATION STORM WATER REVENUE REFUNDING BONDS. SERIES 2001D AND PROVIDING FOR THEIR ISSUANCE. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $725,000 GENERAL OBLIGATON COMMUNITY CENTER REFUNDING BONDS, SERIES 2001E, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 2001 THE PAYMENT THEREOF. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Minea Concept Residential Planned Unit Development City Planner Pearson reviewed the single- family residential development on property that is north of the east half of the Centex Bloomfield development, across the railroad tracks and along the south side of 135 Street West. The property is one -half mile east of Biscayne Avenue and on the outer edge of the current Metropolitan Urban Service Area (MUSA). It is one quarter mile east of the St. Joseph's Catholic Church site. The street alignment is inconsistent with the planning studies done for Connemara Trail and Parks and Recreation policies. The developer is proposing a below grade rail crossing and did not wish to change the street alignment. Engineering consultants have suggested an above grade rail crossing. Council Member Klassen pointed out that Connemara Trail is not in the current feasibility report. Yet other developments have already been designed around the proposed alignment. The railroad crossing is at city expense. Craig Minea, the applicant and property owner, complained about the alignment of Connemara Trail which causes much of the land parcel to become unusable with the existing pipe line easement. Also the ponding area requested by the City is not necessary. Minea lived on this property from 1970 to 1984 and recalls that the land was all farmed then without any ponding occurring. Minea stated that if the new developments are causing more storm water run-off, the city should pay for easements for it. Minea noted that the overpass proposed is five stories high and stated that it would look out of place in this area. Minea also stated that he is willing to negotiate with staff. John Uban, Minea's consultant, said we need to work together to find a solution pleasing to both parties. City Council consensus was that more negotiations would improve the future plans. City staff is governed by set policies and regulations, but the Planned Unit Development does allow for some flexibility. Mayor Busho noted that this development is somewhat premature because the infrastructure is not in place, so there are more considerations involved. Minea was encouraged to work with staff. City Administrator Burt requested that the next meeting be delayed until the city receives the east -side transportation study and the public safety study (regarding another fire station). MOTION by Klassen to adopt A RESOLUTION DENYING THE CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT BASED UPON FINDINGS OF FACT. Second by Edwards. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Mining Moratorium Extension City Planner Pearson reviewed the initial mining moratorium adopted June 20, 2000 and effective until December 20, 2001 unless amended. Staff recommends extending the moratorium to its maximum length, December 20, 2002. The planning process to implement the Mixed Use Industrial District will be heavily influenced by the TH 52/55 CSAH 42 transportation system study, which is expected to be prepared in July 2002. 4 1 Conveyance of Tax Forfeited Land Trust Fund Appointment Announcements ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 2001 MOTION by Klassen to adopt an Ordinance extending the moratorium on new mineral extraction operations in the City of Rosemount to December 20, 2002. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Bloomfield 4th Addition Minor Planned Unit Development Amendment City Planner Pearson explained the request to allow porches in the front yard setback. These porches will not be able to be finished into enclosed three season porches. Council requested that additional wordage be added to clearly set this as a policy. City Attorney LeFevere agreed to help strengthen the conditions to restrict three season porches. MOTION by Edwards to adopt A RESOLUTION APPROVING A MINOR PUD AMENDMENT FOR BLOOMFIELD 4 ADDITION. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. Interim Engineer Weiss reported on land that has been forfeited due to non-payment of property taxes. It is located in the northwest quadrant of Dodd Boulevard and Shannon Parkway. It is a 9- foot wide strip that is 81 feet long adjacent to Shannon Parkway right -of -way. This property would assist the City in maintaining sight lines at this intersection. The filing fee is under ten dollars. MOTION by Cisewski to adopt A RESOLUTION ACQUIRING TAX FORFEITURE PROPERTY FROM DAKOTA COUNTY. Second by Klassen. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Mayor Busho reviewed the history of the Trust Fund with SKB Environmental. The Fund was established November 19, 1992, when USPCI, Inc. owned the business. Mayor E.B. McMenomy appointed three trustees to administer funds: Steve Toombs, Jack Warweg, and Cathy Busho. Two USPCI, Inc. representatives also were appointed. Over the nine years of its existence, the name of the Trust has changed several times. Mayor Busho's term is expiring and she recommended Parks Recreation Director Schultz be appointed as a trustee. Council Member Klassen questioned if there could be a conflict of interest because some funding often goes to park programs. Council Member Riley was unfamiliar with City Council's involvement with the SKB Environmental Inc.Trust Fund and requested an overview at a work session. Staff was requested to invite the City Attorney and Don Chapdelain from SKB to attend the work session. No action was taken on the appointment. The City Hall was not ready to be occupied on Friday, November 30 so the move back into City Hall has been postponed to December 14 The new City Council Chambers will be "cable ready" for recording of City Council meetings in January. Training will be available to staff and City Council Members. 1 1 The Downtown Plan will be considered at an open meeting at the Community Center on December 6 from 7:00 p.m. to 9 p.m. The December Utility Commission meeting was cancelled. The Parks and Recreation meeting was moved from December 24 to December 17 at 7:00 p.m. Mayor Busho adjourned the meeting at 9:10 p.m. The City Council Agenda Packet is Clerk's File 2001 -40. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 2001 Respectfully submitted, L Z z Linda Jentink, City Clerk 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 12, 2001 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Wednesday, December 12, 2001. at 6:30 p.m. in the bandroom, Room 221, at the Rosemount Community Center, 13885 South Robert Trail. Mayor Busho called the meeting to order with Councilmembers Klassen, Cisewski, Edwards and Riley. 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. All city departments were represented for clarification questions. City Administrator Burt gave an overview, and then the public hearing would be opened for audience input. Conmrents are welcome. City Administrator Burt presented the 2002 operating budget for the City of Rosemount. Burt indicated that due to changes the State made with School District property taxes most residents would see a decrease to their property taxes in 2002. MOTION by Klassen to adopt A RESOLUTION APPROVING THE 2002 GENERAL FUND OPERATING BUDGE, THE 2002 CAPITAL IMPROVEMENT PROGRAM BUDGETS (CIP), THE 2002 INSURANCE BUDGET AND THE 2002 LEVY REQUIRED BY THE CITY OF ROSEMOUNT. Second by Edwards. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carved. MOTION by Klassen to adopt A RESOLUTION LEVYING A TAX FOR CONSTRUCTION OF A STATE ARMORY BUILDING. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. MOTION by Klassen to adopt A RESOLUTION APPROVING A SPECIAL TAX LEVY FOR FUNDING OF AN ARMORY. Second by Cisewski. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Mayor Busho adjoumed the meeting at 6:45 p.m. The City Council Agenda Packet is Clerk's File 2001 -41. Respectfully submitted, Thomas Burt, ity Administrator 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE DECEMBER 12, 2001 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on December 12, 2001, at 6:30 p.m. in the Band Room at the Rosemount Community Center, 13885 South Robert Trail. Mayor Busho called the meeting to order with Council members Klassen, Cisewski, Edwards and Riley. Also in attendance were City Administrator Burt, Community Development Director Parsons, Parks Recreation Director Schultz, Police Chief Kalstabakken, Code Enforcement Official O'Brien and City Planner Pearson. RV Storage and Parking Ordinance O'Brien provided information to the Council on a draft ordinance to allow seasonal parking and a proposed revision to the ordinance on define parking surfaces. The Council was supportive to the changes on parking surfaces, which staff will present to the Council at a future work session. However, there was not consensus to move forward on amending the ordinance to allow seasonal parking. Staff was directed to keep track of properties that may have hardships. Animal Control Ordinance O'Brien present a comprehensive draft ordinance on animal control. Mayor Busho asked O'Brien to contact Dakota County Extension to get more information on area needs for horses. Staff will make changes and bring it back to Council at a future work session. Waste Management and Enclosures Staff identified a problem with the current ordinance that requires all commercial properties to have dumpster enclosures made from the same materials as the primary building. The problem is the hardship it presents to older commercial properties and staff suggested that wood or chain link with slates would be appropriate. Council agreed and directed staff to make the appropriate changes, and also check with haulers for standards on dumpsters so not to create other operational hardships to the haulers and businesses. The session on residential containers was discusses and Council asked staff to revise this session to follow current practice. Staff will make the changes and bring them back to a future work session. SKB Trust Fund Don Chapdelaine, representing the Trust gave a summary of all revenues and expenditures of the trust since it's beginning in 1993. A lengthy discussion ensued over the lapsed appointment of existing Trusties. Council questioned if they can continue to meet since their terms have expired and can the trusties continue to disburse funds. The Council also felt that once new trusties where appointed the trust should be reviewed. Staff was directed to ask the City Attorney to prepare a response to the following at the Council meeting on December 18` Clarify if the existing trusties could continue to distribute fund even if their terms had expired. Can the terns of the development agreement be renegotiated as part of the renewal of the IUP. What is the reporting responsibility of the trust? 1 1 1 Sidewalk Review Policy Schultz presented the policy for how sidewalk locations are reviewed and the process that is followed. When a developer proposes a development the Development Review Conunittee reviews sidewalk and trail locations. The plans are then presented to the Planning Commission, Parks and Recreation Commission and City Council for approval. Large Public Gatherings on City Parkland Ordinance Schultz presented the policy. The consensus of the Council was to move the ordinance forward to a regular City Council meeting with the change of 1,200 to be defined as a large gathering. Community Development Block Grant 2002 Planning Parsons presented the plan for the use of the CDBG allocation for 2002 would be to acquire a property within the downtown for future redevelopment. UPDATES: U of M Storm water Negotiations Burt updated Council on the continued negotiations with the University to direct storm water on the University property. The University is receptive to the proposal; the University will study the impacts of surface water on their property. Within the draft proposal there was mention to the possibility of developing a portion of the property for housing and the Council directed Burt to inform the University they were not in support of housing on the property. The meeting was adjourned at 9:00 p.m. The City Council Agenda Packet is Clerk's File 2001 -42. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE DECEMBER 12, 2001 Respectfully submitted, Thomas D. Burt, City Administrator Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 18, 2001. at 7:30 p.m. at the Rosemount Community Center at 13885 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 LeFevere, Community Development Director Parsons, City Planner Pearson, Parks Recreation Director Schultz and Water Resource Engineer Donnelly. The meeting was opened with the Pledge of Allegiance. ROSENIOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 18, 2001 Agenda Changes City Administrator Burt presented additional information. A correction was requested to the minutes of December 4, 2001 Item 6.a. on page one, last paragraph, "Council Member Riley restated that the Ordinance restricts the parking of recreational vehicles on a paved surface on the side or rear yard of the home. Riley felt the ordinance should be reviewed again at a work session to allow seasonal parking in the driveway." Item 6. k. Firefighters Relief Association Benefits Adjustment had carried over some wrong figures, the current retirement is $2.800 per years of service and the increase being considered is $3,000. Also the State Auditor's Pension division schedules were attached to Item 6.k. Item 6. o. was added, Receive Letter of Appeal and Set Public Hearing for the Luken variance petition for 3270 McAndrews Road. Public Comment There were no public comments or response to public comment. Consent Agenda MOTION by Edwards to approve the amended Consent Agenda with the addition of 6.o. Receive Letter of Appeal and Set Public Hearing. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. a. Minutes of December 4, 2001 Regular City Council b. Bills Listing c. Budget Amendments d. Subgrantee Agreement for 2001 CDBG Funds e. 2002 CDBG Allocation f. 2002 Solid Waste Hauler Licenses g. Completion of Probation h. Revisions to Personnel Policy i. Fire Dept. Pay Decrease j. Fire Dept. Statewide Mutual Aid Agreement k. Firefighters Relief Association Benefits Adjustment I. Gambling Premises Permit Renewal for VFW Post 9433 in. Tree City USA Recertification n. Debt Service Transfers 1 1 1 1 o. Add Receive Letter of Appeal and Set Public Hearing Luken SKB Environmental Interim Use Permit Renewal ROSEIMIOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 18, 2001 City Planner Pearson presented the Interim Use Permit OUP) renewal for the operation of the landfill on TH55 or 13425 Courthouse Boulevard. This has a five -year renewal term. There are no modifications requested. Planning Commission held a public hearing and there were no public comments. The Planning Commission recommended the IUP for SKB Environmental be approved. Council Member Riley noted that no violations or complaints have been reported, so she saw no reason to delay the SKB interim use permit renewal. MOTION by Riley to authorize the execution of the Interim Use Permit renewal agreement for SKB Environmental subject to final approval by Dakota County and the Minnesota Pollution Control Agency, and City Attorney review. Second by Busho. Discussion ensued about a friendly amendment to the motion. Council Member Klassen reviewed the Committee of the Whole discussion regarding the SKB Trust Fund. Klassen asked City Attorney LeFevere about the Development Commitment Agreement with SKB and if a contingency could be included with the motion for changes to the Trust Fund? LeFevere noted that the reporting required by the Development Agreement is separate from the interim use permit renewal and SKB is not responsible for what the Trust Fund board members decide. LeFevere cautioned that the suggested changes to the De‘eiopment Agreement for Article 21 includes more than references to the Trust Fund. The tipping fees are now more than the minimum set by the Minnesota State Statutes. LeFevere did note that a separate motion could be made or further discussion could be entertained at a work session. Mr. O'Gara, representing SKB Environmental, said that his company has done a good job with their landfill operations. O'Gara said it is not appropriate to tie up the renewal of the IUP, but he would be willing to discuss the Trust Fund at a work session. Council Member Klassen asked City Attomey LeFevere if the expired member terms affect the existence of the Trust Fund? LeFevere said a court review would look at the intent of the Trust Fund Agreement. In the past, commission temis were left vacant until it could be filled and the commission continued. Some conmrissions dictate that a vacancy is made the day after the tent is completed. A District Court could determine the outcome if needed. However, most likely the court would rule that policy reasons that the commission should continue. Council Member Klassen noted that she did not want to cause SKB to cease or cause the Trust Fund to cease; however, the funds available should remain within the community more. The motion on the floor was repeated. MOTION by Riley to authorize the execution of the Interim Use Pennit renewal agreement for SKB Envirommental subject to final approval by Dakota County and the Minnesota Pollution Control Agency, and City Attorney review. Second ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 18, 2001 1 1 1 by Busho. Ayes: Cisewski, Busho, Riley. Nays: None. Present: Edwards, Klassen. Motion carried. City Planner Pearson noted that the Minnesota Pollution Control Agency and Dakota County Environmental Management will now review this approval for SKB Environmental. MOTION by Klassen to direct staff to examine the SKB Trust Fund Agreement per tonight's discussion and the work session discussion of December 12, 2001. Second by Cisewski. Ayes: Klassen, Cisewski, Edwards. Nays: Riley. Present: Busho. Motion carried. Points made for review of the SICB Trust Fund Agreement include such items as terms, reporting criteria, cap amount of city's obligation, and language clean -up. The Trust Attorney should also be consulted on appointment methods. Sewage System Maintenance Community Development Director Parsons explained that the amendment to the Individual Sewage Treatment System (ISTS) allows the city to move to a three -year cycle coinciding with Dakota County's schedule. This also will require the city to begin tracking all related data County Ordinance 1 13 requires each ISTS to be pumped every three years and a maintenance permit is issued within 30 to 60 days. There are 600 to 700 ISTS's in Rosemount. Mayor Busho asked about staff involvement and if additional employees will be needed. Parsons noted that it should not require more staff. The initial setup of the software will need additional data input, thereafter input will be weekly. This is the first reading of this ordinance amendment, no action will be taken tonight. 2002 Fee Resolution Annual Review and Updates City Administrator Burt noted that the storm water fees are higher in Rosemount because we don't have a river to remove the water. Rosemount needs to look to long term solutions. The University of Minnesota has a plan to study the impact of storm water in communities. The Utility Commission has made the five -year plan increase to fees. Park Recreation is increasing the park rental fees but allowing groups to negotiate set -up and chalk usage. MOTION by Klassen to approve A RESOLUTION ESTABLISHING RATES AND FEES FOR 2002. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Mike Kelzen erg Administrative Plat, 12228/238/310 S. Robert Trail City Planner Pearson presented a solution to two duplexes with non conforming uses at 12225, 12238, and 12310 South Robert Trail. These exist on a single parcel, originating back to 1963 and 1972. The request is based upon splitting the two duplexes into two lots for single-family use. This would realign the common boundary line with the Gustafson lot and lot area variances 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 18, 2001 are required for the three lots. This would create an opportunity for owner occupation and eliminating two deteriorating rental properties. Each property would have its own septic system and well. The standard lot for septic and well is 2.5 acres and these lots will be 1.02 acres, .66 acres, and .91 acres. Council Member Klassen noted this was a pleasant solution to a sticky situation and good for the neighborhood. MOTION by Klassen to adopt A RESOLUTION APPROVING THE ADMINSITRATIVE PLAT FOR 12228, 12238, AND 12310 SOUTH ROBERT TRAIL. Second by Cisewski. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Announcements The next regular meeting for City Council will be held at the renovated City Hall at 2875 145 Street West in the Council Chambers and the date has been changed to Wednesday, January 2 due to New Year's holiday. The meetings will be video taped for replay on Channel 16 with live broadcasting to begin by February. City employees will hold their Holiday Luncheon on Thursday, December 20 and invite City Council members to attend. Mayor Busho adjourned the meeting at 9:10 p.m. The City Council Agenda Packet is Clerk's File 2001 -40. 4 Respectfully submitted, Linda Jentink, City Clerk 1 1 ROSE11MOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Wednesday, January 2, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145th Street West, in the conference room. Acting Mayor Edwards called the meeting to order with Council Members Klassen, Cisewski, and Riley. Mayor Busho was attending her mother's funeral and wake in Owatonna. Our deepest sympathies are extended to her for this lose. Also in attendance were City Administrator Burt and City Clerk Jentink. Agenda Changes City Administrator Burt presented a change request for the minutes of December 18, 2001. Public Comment Steve Casey, 15455 Danville Avenue, commented on the past actions of the City Council regarding the SKB Community' Trust Fund. Casey noted that the Trust has been dispersing funds to community groups effectively and has kept accurate records. Casey said that the City Council was over reacting and that the information requested is readily available. Casey did not agree that the Trust Fund Agreement needed to be reviewed and that this could be considered a conflict of interest for Sheila Klassen due to her job with the school district. Casey's conmtents were submitted in letter form and are part of the Clerk's File. Consent Agenda MOTION by Cisewski to approve the amended Consent Agenda with the revision to the minutes of December 18, 2001. Second by Riley. Klassen noted her vote would be abstained for Item 6.h. Designation of Official Newspaper, since she writes a column for a newspaper. Ayes: Edwards. Cisewski. Riley. Klassen. Nays: None. Motion carried. a. Minutes of December 18. 2001 Regular City Council b. Minutes of December 12, 2001 Committee of the Whole c. Minutes of December 12, 2001 Total Budget and Property Taxes Public Hearing d. Bills Listing e. Naming Depositories and Financial Institutions f. Transfer /Loan Flexible Spending Account g. Appointment of Weed Inspector h. Designation of Official Newspaper i. Appointment of Acting Mayor j. Approve Joint Power Agreement for 2002 Traffic Markings, Cracksealing and Sealcoating k. Revision of Section 125 Plan 1. City Hall Payments m. On Public Premise Liquor Licenses n. 2002 Solid Waste Hauler Licenses There being no further business, the meeting was adjourned at 7:35 p.m. 1 The City Council Agenda Packet is Clerk's File 2002 -01. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 2002 Respectfully submitted, Linda Jentink, ity Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 15, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, January 15, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145th Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Cisewski, Edwards, and Riley. Council Member Klassen was out of town. Also in attendance were City Administrator Burt, City Attorney Robert J.V. Vose, City Engineer Brotzler, Engineer Consultant Weiss, Community Development Director Parsons, Parks Recreation Director Schultz, and Police Chief Kalstabakken. Mayor Busho noted this was the first meeting in the newly remodeled city hall and that after February 1 all City Council meetings and Planning Commission meetings will be cablecast on Channel 22. City Administrator Burt led the Pledge of Allegiance. Agenda Changes City Administrator Burt presented a change request for the minutes of January 2, 2002 and an add -on item for a proclamation for Martin Luther King, Jr. Day. The proclamation was placed on the agenda as Item 5.6. under Department Head Reports. Code Official Award Jim Parsons, Community Development Director, presented Mick Kaehler, Rosemount's Building Official, with the award plaque from the International Conference of Building Officials. The award titled the Alvin Kleinbeck Award of Excellence, honors building officials who have made significant contributions towards the improvement of building codes. Kaehler has shown leadership at the chapter level, state level and national level. Kaehler expressed his appreciation to the city for encouraging his involvement. Congratulations to the building department. Proclamation for Marin Luther King, Jr. Day The League of Minnesota Cities (LMC) encouraged cities to recognize the upcoming Martin Luther King. Jr. holiday with a proclamation. A Cultural Diversity Task Force is being organized by the LMC to welcome and engage people of all races and etlnicities into our conununities. MOTION by Cisewski to proclaim in the City of Rosemount, Dr. Martin Luther King, Jr. Day on January 21, 2001 Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. Consent Agenda City Administrator Burt pulled Item 6.i. Maintenance Agreement with Dept. of Military Affairs because of the State budget discussions that are on going. Council Member Riley pulled Item 6.a. Minutes of January 2, 2002 Regular City Council meeting for discussion and Council Member Cisewski pulled Item 6.n. Linder's Flower Mart Seasonal Permit Renewal for clarification. MOTION by Edwards to approve the amended Consent Agenda. removing Item 6. i. Maintenance Agreement with Dept. of Military Affairs and pulling two items for discussion 6.a. Minutes of January 2, 2002 and 6.n. Linder's Flower Mart Seasonal Permit Renewal. Second by Cisewski. Ayes: Busho. Riley, Edwards, Cisewski. Nays: None. Motion caried. a. Minutes ofJanuary 2, 2002 Regular City Council Pulled for discussion b. Bills Listing 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 15, 2002 c. Receive Donation for Parks and Recreation Dept. d. Expenditure from Donation Account for Parks Recreation Dept. e. Order Feasibility Report Chippendale. /CSAII 42 Improvements, City Project 344 f. Order Feasibility Report Dodd Court Reconstruction, City Project 323 g. Order Feasibility Report East Side Watetmain, Phase 2 Improvements, City Proj. 345 h. Gambling Premises Permit Renewal Applications i. Maintenance Agreement with Dept. of Military Affairs Pulled j. Sidewalk Review Policy k. Mineral Extraction Permit Renewal for Danner Inc. 1. Mineral Extraction Permit Renewal for Solberg Aggregate /Koch Refining m. Pay Equity Compliance n. Linder's Flower Mart Seasonal Permit Renewal Pulled for discussion o. Firefighter Resignation p. Resolution and Consent Order Imposing Civil Penalty on Shenanigans Fine Wine and Spirits q. John Wiederhold Agricultural Lot Split 6a. Minutes of January 2, 2002 Regular City Council Council Member Riley requested that a change be made under Public Comment. Riley noted it would he more accurate to report that the accusation of conflict of interest by resident Steve Casey was not City Council's as a whole, but for Council Member Klassen due to her employment with the school district. The last line in that paragraph would cross out City Council and insert Sheila Klassen and add the sentence that Casey's comments were submitted in letter form and is part of the Clerk's File. MOTION by Riley to amend the draft minutes of January 2, 2002 City Council meeting as discussed. Second by Cisewski. Ayes: Riley, Edwards, Cisewski. Nays: None. Abstain: Busho. Motion carried. Busho noted she was not present at the January 2, 2002 meeting. 6.n. Linder's Flower Mart Seasonal Permit Renewal Council Member Cisewski recalled that this permit was tied to the added traffic supporting Knowlan's grocery store, which is no longer in business there. is it appropriate then to move ahead with this permit? City Planner Pearson noted this is an independent business and although the property owner may have said Linder's was a benefit to Knowlan's, it was not a condition. Pearson continued that the property owner is in agreement with this permit renewal. MOTION by Busho to approve the request for Linder's Flower Mart to operate at Rosemount Market Square for the period starting April 15 to July 10, 2002. Second by Riley. Discussion ensued. Council Member Edwards said he disagrees strongly because it seems Linder's is getting preferential treatment by not having to pay property taxes or maintain a permanent store front as other businesses must. Edwards also recalled that Linder's had a co- location agreement with all Knowlans. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 15, 2002 Council Member Riley noted that as the property owner has agreed to this permit she would also be in agreement. Riley noted she does buy many of her summer plants at Linder's and looks forward to the convenience it offers. Mayor Busho responded that a difference of opinion exists, but the business's profitability will deternine if they want to return. Motion was polled: Ayes: Cisewski, Busho, Riley. Nays: Edwards. Motion carried. PUBLIC HEARNC: Cable Franchise Application Mayor Busho reviewed the public hearing process. The Affidavits of Publication and Notice were on file. City Administrator Burt presented the application by FTTH (Fiber To The Home) Cable Franchise. Their plan would bring fiber optics to the whole of Rosemount in 25 years with a five phase plan and compete with the present cable company, Charter Communications. City Attorney Robert Vose who specializes in communication utilities, suggested that this hearing be continued in order to review and detemine the agreement terms and company qualifications: legal, financial. and technical. More detail is needed of the plan phases such as: is development triggered by densities or will it be required for every home. And, the current cable company, Charter should be requested to comment on this proposal. State statutes require that an area must be served that is proportional with respect to the incumbent. City Administrator Burt noted that Charter Communications has developed by density and has no plan for rural Rosemount. FTTH plans to build out to the whole city. The applicant, Homer Thompkins III, President of FTTH Communications, L.L.C. and his equal partner, Bob Pitney from Texas wish to bring advanced fiber optics to Rosemount. This would put Rosemount in the forefront of community development not only in the Twin Cities but throughout the state and nationally. The benefits would be the ability to bring ultra -high quality video and unparalleled broadband access. Also, it would open up home business opportunities, better electronic access to health care, educational training, and government services. Council Member Riley asked if city hall would be included in phase one. Thompkins answered yes. Riley also inquired if the school district will be included. Thompkins said they are prepared to offer I.S.D. 196 that option in phase 1. Mayor Busho asked how this would affect the street and development? City Administrator Burt replied that the Right -Of -Way Ordinance would need to be looked at to consider fees and restoration. Mayor Busho opened the Public Hearing for public comment. There were no comments. MOTION by Busho to continue the Public Hearing for a Cable Communication Franchise to a later date at which time necessary questions can be answered. Second by Edwards. Ayes: Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 15, 2002 Empire Plant Discharge Pipe Engineering Consultant Weiss updated City Council on negotiations with Dakota County, Metropolitan Council, City of Apple Valley, and other agencies wish to move the discharge pipe to a route through Rosemount to the Mississippi River. The cost to Rosemount is now at about 550.000. Easements would need to be obtained. An easement from Model Stone was not established before new owners took possession so the pipe may have to he relocated to the rear of lots. MOTION by Edwards to authorize staff to proceed with the agreement to move the Empire Plant Discharge Pipe and obtain a new easement. Second by Riley. Ayes: Busho, Riley, Edwards, Cisewski. Nays: None. Motion carried. Dakota County Technical College Request for Contracted Police Services Police Chief Kalstabakken reviewed the request by Dakota County Teciumical College (DCTC) to have a police officer on their campus during normal school hours to enhance the safety and security of their staff, faculty and students. DCTC would pay the entire salary for the officer on a two -year contract, however, they would not pay for the advertising and three-month training period required to replace the experienced officer they would require. This cost is estimated at 518,000. The Dakota County Sheriff's Dept. would also be able to fill this need but DCTC did indicate that they would prefer working with Rosemount staff. Council discussed some options and City Administrator Burt had concerns for the expense due to the State budget shortfall. Staff was directed to decline DCTC's request at this time, but to let them know that in the future it maybe beneficial for both the City and DCTC. Wensmann Homes Concept Residential Planned Unit Development City Platmer Pearson reviewed the application for a 48 unit senior condominiums in a three -story building overlooking Wachter Lake. Multiple Family housing is permitted through a Planned Unit Development (PLID) in the Business Park -4 Zoning District. The building may require a height variance since 35' is the maximum building height requirement. Wensmann noted the soffit line is at 30 feet and the peak is probably near 44 feet in height. Mayor Busho drove out to the site and thought the building footprint fits in well with the natural area. The walking trails might be able to be linked with Claret East and Heritage Lake trails. Pearson noted that "shared plans" don't always work, but you have control on the independent project. Council Member Riley agreed that the Comprehensive Guide Plan zoned this area for Business Park and with townhomes on both sides of this property; it would seem to he a good blend. If this concept plan is approved then further details can be worked out in the preliminary plat. Mr. Wensmann suggested looking at his senior housing project in Farmington on Pilot Knob Road and Euclid Avenue on the west side of the street. MOTION by Edwards to adopt A RESOLUTION APPROVING THE CONCEPT FOR THE WACHTER LAKE SENIOR CONDOMINIUMS. Second by Cisewski. Ayes: Riley, Edwards, Cisewski, Busho. Nays: None. Motion canicd. Announcements Community Development Director Parsons reported an Open House for the Downtown Planning on Thursday, January 24` 5 p.m. to 8 p.m. 4 1 1 Parks Recreation Director Schultz noted that the Winter Family Fun Fest was rescheduled from January 12 to January 27` from 12:30 p.m. to 3:00 p.m. at Jaycee Park. City Clerk Jentink noted the Empire Wastewater Treatment Plant Expansion Public Hearing on Tuesday, January 29, 2002, at the Community Center, at 7 p.m. Mayor Busho adjourned the meeting at 8:55 p.m. The City Council Agenda Packet is Clerk's File 2002 -02. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING .JANUARY 15, 2002 Respectfully submitted, Linda Jentink, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 5, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 5, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145th Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Edwards, and Riley. Also in attendance were City Administrator Burt, City Attorney LeFevere, City Engineer Brotzler, Engineer Consultant Weiss, Community Development Director Parsons, City Planner Pearson, Parks Recreation Director Schultz, and Police Chief Kalslabakken. Mayor Busho noted this was the first meeting to be televised live on cable channel 22. The Pledge of Allegiance was said. Agenda Changes City Administrator Burt presented an add -on to the Consent Agenda, Item 6.v. Resignation of Employee and requested an add -on to Old Business Item 8.b. for Rosemount Market Study. Mayor Busho so amended the agenda. There was no public comment or response to public comment. Consent Agenda Council Member Klassen noted she was not present at the January 15, 2002 regular meeting, therefore she would withhold her vote on that consent item. Mayor Busho pulled Item 6.q. D.A.R.E. School Liaison Services Agreement for discussion MOTION by Edwards to approve the amended Consent Agenda: removing Item 6. q. D.A.R.E. School Liaison Services Agreement. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. a. Minutes of January 15, 2002 Regular City Council b. Bills Listing c. Receive Donation Parks Recreation d. Receive Donation Police and Fire Departments e. Award Contract for the Fire Dept. Pumper Refurbish f. Resignation of a Firefighter g. Revision of Work Comp Resolution h. Employee Leave of Absence i. Receive Feasibility Report /Set Public Hearing, South Rose Park Area Impr.City Pro.325 j. Payment #6 Final, Birger Pond Outlet, Storm Sewer, Lift Station, City Project #262 k. Amendment to Subdivision Agreement. Bloomfield 4 111 Addition Phase II 1. Assignment of Subdivision Agreement, Evermoor- Wicklow Addition m. Receive Plans Spec's /Authorize Ad for Bid Bloomfield 4 Addn St. Utility Improvements Phase II, City Project 341 n. On Sale Public Premise Liquor License o. Gambling Premises Permit Renewal for AMF City Limits Lanes p. Resolution Authorizing Execution of Safe Sober Communities Grant q. D.A.R.E. School Liaison Services Agreement Pulled for discussion r. Public Safety Dispatch Agreement 2002 s. Resolution Authorizing Execution of Access Agreement with MN Dept. of Public Safety t. City Hall Payment 1 u. Change Orders for City Hall v. Add -on Resignation of Employee (P &R Pamela Kadrlik) ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 5, 2002 6.q. D.A.R.E. and School Liaison Services Agreement Mayor Busho acknowledged that the D.A.R.E. Program is one of great benefit to the youth of Rosemount. However, due to the budget short fall from the State, she wished to review the process now used to determine cost and time commitment. Police Chief Kalstabakken noted that negotiations begin in May for the following school year. Mayor Busho requested cost research results by the March Committee of the Whole. Busho noted she was in favor of the requested motion. MOTION by Busho to approve the D.A.R.E. and Police Liaison Services Agreement between the City of Rosemount and School District 196 for the 2001 2002 school year. Second by Klassen. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. PUBLIC HEARNG: Appeal of Board of Appeals Adjustments Action, Allan Voight, 3270 McAndrews Road, owner: Bernard Luken Mayor Busho reviewed the public hearing process. The Affidavits of Publication and Notice were on file. City Plamier Pearson presented the variance request by contractor Allan Voight to the maximum square footage for buildings, 1200 sq. ft., which was denied by the Planning Commission. The barn was damaged in a windstorm and then partially removed. The lot is now 6.8 acres with the original house and outbuildings from a farmstead remaining. The owner, Bernard Luken uses it for storage of recreational vehicles but does not live there at this time. Allan Voight, contractor for Bernard Luken, presented photographs of what exists now and drawings of the renovation. This stnrcture would attach to the barn and add needed support. It would keep the rural character of the barn with a board on hoard finish. Voight noted that high school students had been out to see the style of construction used on the barn. Bernard Luken, owner of the lot, reported that he now lives about two miles away from it. He paid 520,000 to remove the old milk barn and foundation. Luken noted that when the new building is finished he could move items from the out buildings into it and then tear down the pole barn and shed. Eventually, Luken plans to build a new house as well. Luken had hoped the land could remain zoned Agricultural, but it had been rezoned to Rural Residential about 15 years ago. Council Member Edwards confirmed that all the assessory buildings are non conforming because they are either too close to the road or over the square footage requirement. City Planner Pearson reminded Council they have the authority to grant any variance and can attach conditions if needed. However, Pearson would be hard pressed to have findings that would support that decision. 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 5, 2002 Council Member Klassen noted she liked the idea of saving the barn since it is from a time gone by. Klassen asked if the damage done by the windstorm was enough that it could have been repaired rather than torn down? Pearson answered yes, but it still would have required a variance because of being over the 1200 square footage total. Mayor Busho opened the Public Hearing for comments from the public. There were no comments. MOTION by Edwards to close the Public Hearing for the Appeal of Board of Appeals and Adjustments Action, Allan Voight, 3270 McAndrews Road. Second by Klassen. Ayes: Five. Nays: None. Motion carried. Council noted concern for the use of the buildings as a business in a rural residential area and for the timing of when the pole barn and shed might be removed. They agreed it would be good to save the barn, but not under these conditions. MOTION by Edwards to uphold the decision of the Board of Appeals Adjustments denying the variance petition because of an inability to meet the findings specified in Section 14.2.G of the zoning ordinance. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. Sewage System Maintenance Community Development Director Parsons reviewed the intent of the changes to the on -site sewage treatment system regulations. This ordinance amendment was first read to City Council December 18, 2001. This would change the time frame requirement for ISTS (hrdividual Sewage Treatment System) maintenance from a two -year cycle to a three -year cycle. This would also require the licensed pumper to send the record of the maintenance check to the City. This will improve the turn- around time. Parsons reported that the cost to the City will be minimal. The existing software can be used, set -up expenses should he about $1.000 and reminder /response cards would be about $$00 per year. The county and state is already on this three -year cycle. MOTION by Klassen to adopt an ORDINANCE AMENDING CITY CODE TITLE 9, CHAPTERS 1 THROUGH 7 RELATED TO BUILDING CODE for maintenance and operating regulations of individual sewage treatment systems. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Rosemount Market Study Community Development Director Parsons reported that last summer the City received a grant to do a market study from Metropolitan Council. This was initiated from the Port Authority, however, Met Council requires the City approval, so City Council is asked to consider approval to do this market study. The Livable Community grant needed the market study in order to give the grant money, this increased the overall cost of the project, but gives the City additional information to work with. The grant original request was for 515,000, but with the market study added in it would be S23,000. The City is matching funds so the project would cost 546,000. The difference of an additional $7,000 would be a critical part of the redevelopment plan for the downtown area. City Council had several questions about the grant process and the market study 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 5, 2002 firm selection process. Staff was directed to bring this to the Committee of the Whole work session on February 13, 2002. Rezoning St. Joseph /Sunrise Lumber Site Planning Intern Jones reviewed the City proposed rezoning of the property at 14000 South Robert Trail. The 2020 Comprehensive Guide Plan has this site zoned for Public Institutional and staff would prefer that the zoning map was updated. A public hearing was held at the Platming Commission on January 22, 2002 with the recommendation to rezone it from Community Commercial —C2 to Public /Institutional P1. MOTION by Cisewski to adopt AN ORDINANCE AMENDING ORDINACNE B CITY OF ROSEMOUNT ZONING ORDINANCE rezoning St. Joseph's /Sunrise Lumber site to bring it into conformance with the 2020 Comprehensive Guide Plan. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Announcements Mayor Busho reviewed the regular meeting schedule. The University of Minnesota was holding a meeting on February 7, 2002. Mayor Busho adjourned the meeting at 8:26 p.m. LILi✓! Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2002 -03. Respectftdly submitted, ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE FEBRUARY 13. 2002 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on February 13, 2002, at 6:30 p.m. at City Hall, 2875 145 Street West. Mayor Busho called the meeting to order with Councilmembers Cisewski and Riley present. Also present were City Administrator Burt, Community Development Director Parsons, City Planner Pearson, and Code Enforcement Official O'Brien. 2002 Budget Cuts Administrator Burt advised the Council of the Governors proposed budget reductions and presented a plan to accommodate the loss of revenue. Burt indicated that the plan's first priority was to not affect service levels to residents and next to avoid the lose of staff. His plan identified the delays in hiring proposed new hires with the exception of the Accounts Payable Clerk. In addition, the delay of purchasing identified capital equipment in the Capital Improvements Budget Burt recommended ending the extended hours on Tuesdays and will provide the Council additional information in the weekly report. RA' Ordinance Code Enforcement Official O'Brien reviewed the proposed ordinance amendments which clarify parking surface and the recommended 24 hour front yard parking changes. Council directed staff to place this item on the next Council agenda as a first reading of the ordinance amendment changes. Waste Container and Waste Enclosure Ordinance O'Brien presented the proposed ordinance changes. Council directed staff to place this item on the next Council agenda as a first reading of the ordinance changes. Power Plants City Planner Pearson updated the Council on the tentative proposal for a power plant on the east side of Rosemount. Pearson identified the propose location, north of SKB on the west side of State Highway 55. He also informed Council of the Comprehensive Plan and zoning ordinance which would need to be amended to permit this type of facility in this location. Council directed staff to continue to work with Flint Hills Resources (Koch) and possible power companies to further clarify and answer possible concerns. Staff indicated if this project were to move forward an AUAR would need to be done to identify all possible environmental issues. Pine Bend Cemetery Burt informed Council that the current trustees of the cemetery are interested in turning the cemetery over to the City. Council directed staff to continue to research the idea and bring back additional information to the Council at a future work session. Down Town Market Study Community Development Director Parsons explained the background of the downtown market study, which would be paid for in part by a grant from the Metro Council. The grant was awarded in December, but the market study portion was not discussed by Council prior to this work session. 1 1 Goal Setting Dates Council consensus was to bring the dates of March 2 or 9` for possible goal setting dates to the next Council meeting for approval. If Council members have discussion topics they need additional information on, they should contact the City Administrator. Commission Appointments Burt reviewed the process and distributed attendance records of existing commissioners from Planning and Parks and Recreation commissions. Council directed staff to advertise for Utility and Planning Commission members to till vacancies. SKB Trust Fund Mayor Busho indicated she had received seven applications for trustees and she would be interviewing the applicants and making her recommendation in March for three new trustees with staggered terms. Public Comment Burt asked for direction on how the Council would like to handle public continent at the Council meetings now that they are on cable television. Burt explained that many communities do not broadcast this portion of the meeting. Council directed Burt to include this as a goal setting topic. The meeting was adjourned at 9:15 p.m. The City Council Agenda Packet is Clerk's File 2002 -04. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE FEBRUARY 13. 2002 Respectfully submitted, Thomas D. Bui City Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 19, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 19. 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145th Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Cisewski, Edwards, Riley, and Klassen. Also in attendance were City Administrator Burt, City Attorney LeFevere, City Engineer Brotzler, Engineer Consultant Weiss, Community Development Director Parsons, Parks Recreation Director Schultz, Police Chief Kalstabakken, and City Planner Rick Pearson. The Pledge of Allegiance was said. Agenda Changes City Administrator Burt requested to add -on to the Consent Agenda the Reappointment of a Port Authority Member. Mayor Busho directed to amend the agenda. Public Comment Harry Willcox, 14674 Danville Avenue, reported that at the January 15, 2002, Port Authority Meeting, Commissioner Edwards stated that "we did not want an ENRON on our hands" with reference to the downtown businesses. Willcox stated he took offense to that statement and requested that Edwards be removed from the commission for the good of the commnumity. Edwards suggested that he and Willcox meet to work out their differences. Consent Agenda Council Member Klassen requested that 6.e. Outlots of Evermoor Subdivision Agreement and Final Plat be pulled for discussion. MOTION by Edwards to approve the amended Consent Agenda; removing Item 6. e. Outlots of Evermoor Subdivision Agreement and Final Plat and to add Item 6.1. Reappointment of a Port Authority Member. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. a. Minutes of February 5, 2002 Regular City Council b. Bills Listing c. Evennoor Drumcliffe Addition Subdivision Agreement and Final Plat d. Evermoor Glendalough Subdivision Agreement and Final Plat e. Outlots of Evermoor Subdivision Agreement and Final Plat moved to discussion f. Payment No. 5 and Final Section 31 Sanitary Sewer Improvements, City Project 317 g. On Sale License on Public Premises h. Access Agreement with Minnesota Department. of Public Safety i. Layoff of Employee j. Authorize Feasibility Report for 140 Street East Development Area, City Proj. 349 k. Downtown Market Study 1. Add-On Reappointment of Port Authority Member 6.e. Outlots of Evermoor Subdivision Agreement and Final Plat Council Member Klassen asked if approval of the final plat would be tacit approval of a forthcoming Planned Unit Development (PUD) amendment? City Planner Pearson responded, 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 19. 2002 "No. A final plat could occur in the outlot that would be consistent with the Preliminary Plat." Klassen noted that the notion tonight would not he an approval of a PUD. MOTION by Klassen to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR OUTLOTS OF EVERMOOR and authorize the execution of the subdivision development agreement. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. PUBLIC HEARNG: Cable Franchise Application (continued) Mayor Busho reviewed the public hearing process. The Affidavits of Publication and Notice were on file. City Administrator Burt presented the application by FTTH (Fiber To The Home) Cable Franchise. Their plan would bring fiber optics to the whole of Rosemount in 25 years with a five phase plan and compete with the present cable company, Charter Communications. Ellen Martin, General Manager for Charter Communications, 8330 173 Street, Lakeville, looked over the FTTH application and referenced Minnesota State Statutes 238 requiring a "level playing field" between applicants. Martin referred to several items which were not alike and said she would be responding to City Council in a letter. City Administrator Burt explained that the cable company requires 30 hones per mile to justify their build out. If there would be less than 30 homes, additional costs would be involved in the installation. Mayor Busho opened the Public Hearing for public comment. There were no comments taken from the audience. MOTION by Edwards to close the Public Hearing for the Cable Franchise Application. Second by Klassen. Ayes: Five. Nays: None. Motion carried. Attorney LeFevere noted that it is premature for any action because more information has arrived in new documents for review. More time is needed for specific needs to be determined. Mayor Busho requested a comparative list of Charter vs. FTTH offerings. City Administrator Burt explained that the initial capital grant will be paid off this year for Charter Communications so that the fee applied to the customer could be lowered or the city could recoup the entire 50 cent fee; previously the 25 cent fee was going toward that grant. This grant allowed for the cable set -up in the Council Chamber. Edwards asked if they anticipated any inconvenience to the residents during the build out of this cable franchise. Staff did not foresee any discontinuation of service. Charter would continue to operate and residents would eventually have two cable companies to choose from. Staff was directed to continue to negotiate with FTTH Communications, L.L.C. and Charter Communications. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 19, 2002 Receive Feasibility Report /Approve Project /Authorize Plans Specifications for Connemara Trail Extension, Phase I Street and Utility Improvements(from Shannon Parkway east to T.H.3), City Project 330 Consultant Engineer Weiss presented details of the extension of C'otmemara Trail to Highway 3 in the first phase. The second phase will extend Connemara east of Highway 3 but Phase 11 is not included with the action tonight. This street extension will be 52 feet wide, four lanes, from the Shamon Parkway water tower to Highway 3. Additional right -of -way will be required and a pedestrian underpass is recommended across Connemara Trail at Evemtoor Parkway. This phase is funded by the developer of Evemtoor and with City Core funds for trunk over sizing. The 429 process will not be used with this project so a public hearing is not required. There is no signal proposed at Highway 3 until warrants require it. Trunk Sanitary Sewer from Biscayne Point 3 Addition is not included with this phase but will be included in the second phase feasibility report. Dodd Road would not have access onto Connemara Trail and would likely be vacated south of Connemara Trail. Consensus was shown that due to the use of core funds, the Utility Commission must review the project. Evemtoor has paid approximately $800,000 on storm sewer and $00,000 for sanitary sewer and water core funds. No private assessments are needed with this project. The underpass is longer than expected and more expensive. Safety would be an issue if there is not a clear view from one side to the other of the underpass. Alternate designs should be considered. The Parks and Recreation Commission was directed to review the proposed underpass. The cemetery on Highway 3 will be south of the Connemara access point onto Highway 3. Mayor Busho summed up discussion items: gas line easements, 24" water mains, under pass option, stop light warrants in the future, Minnesota Dept. of Transportation MNDOT) approval, and Utility Commission review. MOTION by Klassen to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT, APPROVING THE PROJECT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR CONNEMARA TRAIL EXTENSION, PHASE I STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 330. Second by Cisewski. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Approve Plans Spec's /Authorize Ad for Bids Trunk Highway 3 Street and Utility Improvements (145 Street to CSAH 42) City Project 318 WSB Consultant Dave Hutton presented Phase 2 and 3 for City Project 318. Phase 2 of the project was bid last fall but all bids were too high. The combining of Phase 2 and 3 will create a larger project and should attract better pricing. This project does utilize the 429 process which requires a public hearing and MNDOT approval. Approximately 5500,000 will be paid for by MnDOT (Minnesota Dept. of Transportation) funds through a cooperative agreement with MnDOT. This project will include street overlay, replacement of water main and stone sewer, 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 19, 2002 curb and gutter, and right turn lanes. The project stops right before CSAH 42 and will not include stop light replacement. The ponding needs were analyzed and because the stone water is being direct to the east, the pond size requirement will be lowered for the lot on the northwest corner of Hwy 3 and CSAH 42 and does not need to be constructed as part of this project. There will not be any brick pavers with these phases. Trees from 145 Street to 147 Street will not be changed unless maintenance requires it. There is more green space in Phase 3 where additional trees could be considered. Council Member Cisewski and Klassen requested that trees be added where feasible. Access to all businesses will be maintained during the entire project except when construction requires closures for short periods. Highway 3 will remain open with lane shifts for construction. Several businesses reported that their busiest time is April through June so this was considered in the time frame. The project will start late June and run to the end of the year. It is engineering's wish to maintain regular dialogue with the businesses and give theta regular updates on the project. Mayor Busho offered the nailing support of the Northern Dakota Chamber of Commerce. City Administrator Burt noted that staff would like to offer incentives to the construction company for early completion as well as continue with penalties for delays. Council agreed. Mayor Busho requested that Excel Energy be informed of the need for banner arms, flag posts, and electrical receptacles on the light posts. The resolution was amended to include Minnesota Department of Transportation approval prior to the bid opening date. Staff will provide an amended resolution. MOTION by Edwards to adopt A RESOLUTION RECEIVING PLANS AND SPECIFICATION AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR TRUNK HIGHWAY 3 STREET AND UTILITY IMPROVEMENTS (145 STREET TO CSAH 42) CITY PROJECT 318. Second by Klassen. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Approve Project/Authorize Plans Specifications for Evermoor Glendalough Street and Utility Improvements, City Project 347 City Engineer Brotzler presented a map of City Project 347 located north of the proposed Connemara Trail. The development proposes 46 single family lots and has received final plat approval. MOTION by Edwards to adopt A RESOLUTION APPROVING THE PROJECT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR EVERMOOR GLENDALOUGH STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 347. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. APPROVE PROJECT /AUTHORIZE PLANS SPECIFICATIONS EVERMOOR DRUMCLIFFE STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 348 City Engineer Brotzler reviewed City Project 348. This plat is located in the northeastern area of Evermoor, Phase 1, west of Shannon Parkway and includes 47 single family lots. This will complete the western half of the Evermoor development. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 19, 2002 MOTION by Cisewski to adopt A RESOLUTION APPROVING THE PROJECT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR EVERNIOOR DRUMCLIFFE STREET AND UTILITY IMPRO\ EMENTS, CITY PROJECT 348. Second by Klassen. Ayes: Klassen, Cisewski, Busho. Riley, Edwards. Nays: None. Motion carried. Receive Resident Petition to Close Cascade Path at 160 Street (CSAH 46) City Engineer Brotzler received a petition from a residents group who wish to close Cascade Path at 160' Street and end it in a cul -de -sac. This was discussed with Dakota County who is currently improving CSAH 46. The County suggested closing the median so only west bound traffic would be allowed onto CSAH 46 and no left turn allowed. The effect would be similar to closing the access in that it would slow traffic through the neighborhood. When the design of a cul -de -sac was considered, it would involve acquiring right -of -way from adjacent property owners and would likely be cost prohibitive to complete. Council would have the option to order a public hearing to disclose assessment estimates. Consensus was to close the median on CSAH 46 and not burden the residents with the cost of a cul -de -sac. Klassen noted this issue could be revisited in the future if residents are not satisfied. MOTION by Cisewski to receive resident petition to close Cascade Path at CSAH 46. Second by Edwards. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. MOTION by Cisewski to approve closure of the median on CSAH 46 at Cascade Path by Dakota County. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Proposed Changes to Waste Container and Waste Enclosure Ordinances City Planner Pearson explained the proposed ordinance revisions relating to maintenance, placement, and storage of receptacles for waste management. The intent of these changes is to protect the public health and safety as they relate to waste management and collection. This will also reprove the regulations from the zoning ordinance and put them into the City Code to help the police with enforcement justifications. MOTION by Edwards to move the first reading of waste container and waste enclosure ordinances. Second by Cisewski. Ayes: Riley, Edwards. Klassen, Cisewski, Busho. Nays: None. Motion carried. Proposed Changes to RV Storage and Parking Ordinances City Planner Pearson reviewed the storage requirements for recreational vehicles and the proposed change of allowing temporary storage in the front driveways for 24 hours. Also. the parking surface options are proposed to be expanded to include class five or a decorative rock surface in the rear or side yards. Council Member Riley reported that some residents had contacted her and she agreed with them that 24 hours was not enough time for temporary storage of RV's and suggested that 72 hours would be more appropriate. Council Member Cisewski noted she did not agree. 5 MOTION by Edwards to move the first reading of the recreational storage and parking ordinance amendments. Second by Cisewski. Ayes: Edwards, Klassen. Cisewski, Busho. Nays: Riley. Motion carried Goal Setting Meeting ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 19, 2002 At the work session on February 13 Council consensus was to have a goal setting work session on March 2 or March 9. Mayor Busho noted that there is an American Legion banquet on March 9 111 and that she preferred March 2. City Administrator Burt noted that there are only open positions for commissioners on the Utilities and Planning Commissions and inquired if the interviews could be done in conjunction with this goal setting work session. Council declined not wanting to cut into time needed for goal setting. The date chosen was March 2, 2002 from 9:00 am to 12:00 pm. Council was asked to submit to administration any material for reference they may need for that work session. Burt also asked if Council would come prepared to list goal priorities. City Hall Open House The open house for City Hall will be held on Saturday, April 6 from 11:00 am to 1:00 p.m. The community is invited to come and look over the remodeling of City Hall and additional space. MOTION by Klassen to set a goal setting session for the purpose of reviewing City goals on March 2, 2002 beginning at 9:00 a.m. to 12:00 p.m. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. Announcements The Rosemount Chamber of Commerce luncheon meeting was held today with 50 people attending in the new Council Chambers. There will be a neighborhood meeting regarding South Rose Park (near the McDonald's restaurant) street reconstruction on Wednesday. February 20 Partners In Progress hosted by Dakota Electric Company will be held on Thursday, March 7 at 4:30 p.m. The American Legion Banquet is March 9 at 6:00 p.m. honoring the policeman and fireman of the year. Busho adjourned the meeting at 9:15 p.m. The City Council Agenda Packet is Clerk's File 2002 -05. 6 Respectfully submitted, Linda Jentink, City Clerk 1 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on Saturday, March 2, 2002, at 9:00 a.m. at City Hall, 2875 145th Street West, Rosemount. Mayor Busho called the meeting to order with Councilmembers Edwards, Klassen, and Riley present. City Administrator Burt also attended. Discussion ensued and the following list was produced for further review. Goals Listed Items in Progress or On Going Implementation of comprehensive plan Hwy 55/52/42 study (will be completed in 2002) Working with U of M on directing storm water to their property Update parks master plan (will be completed in 2002) Review and update codes Mixed use industrial zone Business incentive program (fund in 2003) Community policing philosophy Mining study (will be completed in 2002) Work with Flint Hills Resources as they prepare plans for their land. Connemara Trail east of Hwy 3 Bridge over railroad tracks Goals for 2002 Enhance and increase use of Channel 22 character generator Improve web site with hit counter and on line registration Review sign ordinance Identify three locations for library site and present to library board Transportation study Identify sidewalks needed to connect neighborhoods and budget in CIP in 2003 Investigate possible Chili Avenue diversion. Adopt redevelopment plan Goals for 2003 Investigate kiosks and how to generate a revenue stream Government programming on Channel 22 City monument sign North central sewer study Construct water tower east of Hwy 3 Signal on Hwy 3 ROSEMOUNT CITY PROCEEDINGS SPECIAL METING /GOAL SETTING March 2, 2002 1 1 Goals for 2004 Street width policy At noon the meeting was adjourned with the topic of goals to be continued to the March 13, 2002 Committee of the Whole work session. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2002 -06. Thomas D. Burt. ty dministrator ROSENMOUNT CITY PROCEEDINGS SPECIAL METING /GOAL SETTING March 2, 2002 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Thursday, March 7, 2002, at 7:30 p.m. at the Rosemount City Hall. 2875 145th Street West, in the Council Chambers. This meeting was moved from its regular time due to caucus conventions on March 5 Mayor Busho called the meeting to order with Council Members Cisewski, Riley, and Klassen. Also in attendance were City Administrator Burt, City Attorney LeFevere, City Engineer Brotzler, Community Development Director Parsons, and Parks Recreation Director Schultz. The Pledge of Allegiance was said. Agenda Changes City Administrator Burt presented additional information for items 6.f. Encumbrance of 2001 Budget items, item 6.r. Change Order #3 and #2. item 8.a. SKB Trust Fund Appointments and Council Member Klassen requested that Power Plant be added to Old Business. Mayor Busho requested that a nieeting be set for commissioner interviews under New Business. The agenda was changed accordingly. Consent Agenda Council Member Riley requested that 6.a. Minutes of February 19, 2002 Regular City Council, 6.g. Waste Container and Waste Enclosure Ordinances, and 6.11. RV Storage and Parking Ordinance be pulled for discussion. Council Member Klassen noted she would abstain from the vote on Item 6.b. Minutes of February 13, 2002 Committee of the Whole since she did not attend it. Klassen requested that items p. and q. Evennoor Glendalough be discussed with item 9.b. under New Business. MOTION by Cisewski to approve the amended Consent Agenda; removing 6.a. Minutes of February 19, 2002 Regular City Council, 6.g. Waste Container and Waste Enclosure Ordinances, 6.11. RV Storage and Parking Ordinance, and items p. and q. Evemtoor Glendalough for discussion and Council Member Klassen noted she would abstain from the vote on Item 6.b. Minutes of February 13, 2002. Second by Riley. Ayes: Cisewski, Busho, Riley, Klassen. Nays: None. Motion carried. 1 Discussed b. Minutes of February 13, 2002 Committee of the Whole c. Bills Listing d. Expenditure from Donation Account for Parks Recreation e. Expenditure from Donation Account for Administration f. Encumbrance of 2001 Budget Items to 2002 (include election funds) g. Waste Container and Waste Enclosure Ordinances 2` Reading Discussed h. e t e Reading Discussed i. Fee Resolution Amendment j. Finance Department Reorganization k. Receive Americorps Promise Fellows Initiative Grant 1. Lease Agreement with Department of Military Affairs m. Maintenance Agreement with Department of Military Affairs n. Pay Request for City Hall Project o. City Hall Payments 1 Discussed q E^ rnoor G!e-- o.o,.dalough 2 Addition Final Plat Discussed r. Change Orders #2 and #3, Rural Water SCADA and Standby Generator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 2002 6.a. Minutes of February 19, 2002 Regular City Council Council Member Riley noted that City Project 318 for Highway 3 seemed premature because street light placement and driveways were not set yet. Riley said the businesses should not have to be upset twice. Also Riley noted that there were no brick pavers included in this project when they had been used north of 145 °i Street West. Riley, the Mayor and staff had visited eight other communities that had undergone improvements and they all included brick pavers with their projects. Riley said she would like her vote to be nay for this project. Mayor Busho noted that the minutes accurately portrayed the actions of that meeting and they should stand as is. MOTION by Cisewski to approve the minutes of February 19, 2002 Regular City Council. Second by Riley. Ayes: Busho, Klassen, Cisewski. Nays: Riley. Motion carried. 6.g. Waste Container and Waste Enclosure Ordinances Council Member Riley noted that enclosures were necessary but to keep the cost down for the businesses she suggested hiring one contractor to do all enclosures. Also Riley asked staff to check with garbage haulers for the requirements of size and type needed. This is the second reach rig. MOTION by Riley to adopt the Ordinance Amending the Zoning Ordinance and City Code Pertaining to the Storage and Disposal of Wastes. Waste Containers, and Waste Container Enclosures. Second by Cisewski. Ayes: Riley, Klassen, Cisewski, Busho. Nays: None. Motion carried. 6.h. RV Storage and Parking Ordinance Council Member Riley wished to restate some resident comments regarding this ordinance. Although this ordinance has been in place since 1989, it has not been enforced until recently. .Approximately fifty residents attended a City Council meeting to listen to discussion and several voiced their concerns about RV parking. Many residents do not have room on the side yard to park and it is impractical to pull vehicles through the snow from the hack yard. A letter was received on Friday from Mr. Mrs. James Kehoe who noted they had been parking on their driveway about three weeks in spring and fall to prepare their RV for trips. Due to health problems they need to work only a short time each day in order to accomplish what needs to be done. Riley agreed that the 24 -hour limit is unreasonable and unacceptable. Riley suggested a seasonal use clause for this ordinance. Council Member Klassen noted that she had received complaints about the improper parking of RVs. Mayor Busho noted that this ordinance is a compromise to ease restrictions and she also had received complaints that our regulations are not strict enough. Riley said she had not received any complaints against RVs and noted that one person out of four in Minnesota owns recreational vehicles. MOTION by Cisewski to adopt the ORDINANCE AMENDING THE ZONING ORDINANCE AND CITY CODE PERTAINING TO THE STORAGE AND PARKING OF RECREATIONAL VEHICLES WITHIN THE CITY. Second by Klassen. Ayes: Klassen, Cisewski, Busho. Nays: Riley. Motion carried. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 2002 6.p /q. Evermoor Glendalough Rezoning and 2 Addition Final Plat Council Member Klassen noted that the amenity of creating a pool was a major amendment and she did not want any mixed signals going out to developers. Klassen requested that this be discussed with item 9.b. Council Member Cisewski asked if this is a new project not related to the pool with the senior development area. Staff confirmed this is a new pool. Council Member Riley thought this should be kept on the Consent Agenda. Mayor Busho was okay with moving these items to 9.b. Evermoor Glendalough Planned Unit Development Amendment. PUBLIC HEARNG: South Rose Park Area Improvements, City Project 325 Mayor Busho reviewed the public hearing process. The Affidavits of Publication and Notice were on file. Busho explained that due to the meeting date change this hearing would be continued to March 19, 2002. City Engineer Andy Brotzler reviewed the reconstruction of 151 Street West, Carrousel Way, and Canada Avenue in a business district, which includes fast food restaurants and the school district bus storage location. Curb and gutter will be retained unless it is damaged, then it will be repaired or replaced as needed. Most of the storm and sanitary sewer is alright except on 151" Street West. Right tum lanes will be added by McDonalds. Traffic will be allowed through the construction area during construction. The assessment is estimated to be 581.66 per front foot. The construction will begin in June and be finished by September. A open house was held for the neighborhood where many questions were answered. Senior Field Engineering Technician Rich Lonnquist will be the contact for immediate issues on site. Dan Huntington, 16210 Cristibell Drive, Lakeville, owns property on Carrousel Way. This road had little traffic on it the first seven or eight years. Why replace it now? City Engineer Brotzler noted that the road is currently 17 to 18 years old and it is normal to replace roads after about twenty years. The winters in Minnesota are harsh whether it is has much traffic or not. Also, the cost is lowered when it is clone with the larger project. Doing the whole project now also minimizes the impact to the area because traffic does not have to be rerouted in a few years. Mr. Huntington was satisfied with that. The public hearing was opened for comment, but no one from the audience made a conmment. MOTION by Busho to continue the public hearing for South Rose Park Area Improvements, C''ity Project 325 to March 19, 2002. Second by Riley. Ayes: Cisewski, Busho, Riley, Klassen. Nays: None. Motion carried. SKB Trust Fund Appointments Mayor Busho interviewed six applicants for the three SKB Rosemount Trust Fund trustees positions. Busho recommended John Tapper for a three -year tenn to expire January 2005, Matthew Kearney for a two -year term to expire January 2004, and Bill Droste for a one -year term to expire January 2003. Three -year terms will start for all positions after rotation of these new trustees. Council Member Klassen thanked Mayor Busho for her diligence and would hope that the agreement could be reviewed by all interested parties in the near future. Klassen requested that perhaps academic scholarship funds for high school children and lifetime learners 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 2002 could be established. Klassen noted that the Fund should be advertised in the fixture. Busho noted the Trust Fund was planking to market it more. Mayor Busho noted that the next meeting is March 21st and that it is the transition meeting with the old and new board members attending. MOTION by Busho to approve a RESOLUTION FOR APPOINTMENT OF TRUSTEES TO THE SKB ENVIRONMENTAL ROSEMOUNT COMMUNITY TRUST. Second by Riley. Ayes: Busho, Riley, Klassen, Cisewski. Nays: None. Motion carried. Power Plant Council Member Klassen was concerned about staff working on planning issues regarding a power plant outside the regular application process. Klassen was also concerned that in the Weekly Update staff had talked to Metropolitan Council, City Administrator Burt, reported there has not been an application for a power plant. Staff has fielded some inquires and it is common knowledge that the Prairie Island Power Plant is being phased out. City Administrator Burt noted that staff had talked with Met Council staff on this and other issues simply as an update Klassen noted that Rosemount should not be predestined to take heavy industrial or switching yards without fair process. Staff and Council agreed. Mayor Busho noted a conversation with Ted Mondale, Chair of Metropolitan Council, who stated that Metropolitan Council recognizes that local government is in charge of local land use decisions and that Metropolitan Council is here to partner with the city upon Rosemount's request. Heritage Development Preliminary Plat Revised (Abbott Property) Community Development Director Parsons reviewed the Heritage Development for Biscayne Pointe Fourth Addition. The revisions have eliminated four lot dimension variances, enhanced landscaping along Connemara Trail, added sidewalk, and no final plats will be approved until the sanitary sewer and city water are available to the property. A resolution presented other conditions as well. Parsons noted this development is dependent on the extension of Connemara Trail east of Highway 3. The Parks and Recreation Committee recommended sidewalks on both sides of the streets, but the Planning Commission was satisfied with sidewalks along one side. Council Member Cisewski noted that there is one lot on Birch Street which does not have a connecting sidewalk because it is privately owned. Attorney LeFevere said that right-of-way or easement will need to be acquired for a sidewalk. City Engineer Brotzler stated we do have the right -of -way there. Cisewski stated that the trails to the park are especially essential and should be connecting. Mayor Busho stated she was satisfied with sidewalks along one side of the streets. MOTION by Riley to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BISCAYNE POINTE FOURTH ADDITTION. Second by Busho. Ayes: Riley, Klassen, Cisewski, Busho. Nays: None. Motion carried. Evermoor- Glendalough Rezoning, 2 Addition Final Plat, PUD Amendment Community Development Director Parsons addressed the rezoning issue first. The rezoning will bring this land into conformance with the Comprehensive Guide Plan. The lot is located west of Highway 3, north of Schwartz Pond Park and along Dodd Boulevard. MOTION by Cisewski to adopt AN ORDINANCE REZONING THE EVERMOOR GLENDALOUGH SITE to bring it into conformance with the 2020 Comprehensive Guide Plan. Second by Busho. Ayes: Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. 4 ROSEMOUNT CiTY PROCEEDINGS REGULAR MEETING MARCH 7, 2002 Parsons introduced Mark Anderson from Lundgren Brothers Construction, 935 E. Wayzata Boulevard, who proposed to expand the recreational amenities which would include a pool, tot lot, basketball covet, a gazebo, and picnic area on three lots. This would be entirely maintained by the privately owned homeowner association. The staff had objected to the pull -in design for dropping off residents and Lundgren had removed that element of the plan. The pool size would be 40' by 70' which would be considered neighborhood size. Anderson noted that he has built several other communities with pools and has found them to he a gathering point for building friendships and strong neighborhoods. Anderson noted that Minnesota is late in receiving community pools and that prospective home buyers are looking for that value of a well maintained pool without their time and effort. Anderson stated that this would not be a gated community. Evermoor has another pool approved in the Crosscroft senior living housing. Council Member Klassen was concerned that these pools will develop into "gated communities" that would separate them from Rosemount. The Crosscroft pool is in a private community on private streets, but the Glendalough pool is on a public street. Council Member Riley would support the pool amendment. Cisewski mentioned that the trail system should be maintained so that bike traffic can use it as well. Jay Liberacki, represented Contractor Property Developers Company, said that in the Stillwater development, Liberty on the Lake, the most often asked question by residents is "Why didn't you put a pool in Evemioor is a desirable location and would be even more marketable with a neighborhood pool. Residents don't want to give up their backyards for a pool and don't always look forward to the amount of maintenance a pool requires. if noise would be a concern. the closest hone is two football fields away. Chuck Snyder, Property Management Company, would manage the park and pool. Snyder manages Live pool communities. He has a Certified Pool Operators license and the pool would be inspected every spring by the State of Minnesota. As far as the pool being private, it is not tightly policed. Many children bring friends or extended family. Parks and Recreation Director Schultz noted that a mini -park services out about one quarter of a mile radius, a neighborhood park about one quarter to one -half mile, and a community park out about two miles. So this would be considered a mini -park for neighborhood use by city standards. Mayor Busho noted that the community survey showed that residents wanted their community to have a library, hotel, good family restaurant, and a pool or aquatic center. Busho said it is difficult to dictate social needs and desires. Busho hoped every developer would be willing to do this. The Parks Master Plan is being reviewed again, but at this time the city cannot give the public a pool. Klassen maintained that what matters is not the size of the pool, but the philosophical issue. Klassen said the community is Rosemount, not Glendalough which may be a future gated community. Riley.noted that she knows of gated communities and they are strong neighborhoods with a good support system. Riley was in favor of this PUD amendment. Cisewski stated she would not be in favor of this amendment. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 2002 MOTION by Riley to adopt a RESOLUTION APPROVING THE MAJOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR EVERMOOR GLENDALOUGH. Second by Busho. Discussion ensued. Busho requested the resolution reflect the removal of the pull -off parking and corporation of trails and hiking paths into the parks trail system. Riley agreed to a friendly amendment to the motion. Motion reads: MOTION by Riley to adopt a RESOLUTION APPROVING THE MAJOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR EVERMOOR GLENDALOUGH and reflect the removal of the pull -off parking and corporation of trails and biking paths into the parks trail system. Second by Busho. Ayes: Busho, Riley. Nays: Cisewski, Klassen. The action was a tie vote which results in a failed motion. Motion did not pass. City Attorney LeFevere noted that the motion failed but the issue does not. The 60 -day rule holds to allow for further negotiations and could he presented to City Council again on March 19 regular meeting. If the 60 days elapse the request is automatically approved. Staff may ask for an extension for an additional 60 days with reasons. Developer Mark Anderson was disappointed but will try to come to a solution by March 19 Item 6.q.Evermoor Glendalough 2 Addition Final Plat will be held to March 19 as well. Set Meeting Date for Commissioner Interviews Council is required to interview for open commissioner positions. The date suggested is Monday, March 18 at 6:30 p.m. to approximately 9:30 p.m. or until business can be completed. MOTION by Busho to set a special meeting on Monday, March 18, 2002 from 6:30 p.m. to approximately 9:30 p.m. for the purpose of interviewing applicants for open commissioner positions. Second by Cisewski. Ayes: Busho, Riley, Klassen, Cisewski. Nays: None. Motion carried. Announcements Partners In Progress hosted by Dakota Electric Company presented Rosemount with an award. Money donated by Dakota Electric was used to upgrade the Web Page for Rosemount. The American Legion Banquet is March 9 at 6:00 p.m. honoring the policeman and fireman of the year. Busho adjourned the meeting at 9:51 p.m. The City Council Agenda Packet is Clerk's File 2002 -07. 6 Respectfully submitted, Linda Jentink, City Clerk 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MARCH 13, 2002 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on March 13, 2002. at 6:30 p.m. in the Council Chambers in City Hall at 2875 145th Street West. Mayor Busho called the meeting to order with Council members Klassen, Edwards, and Riley. Also in attendance were City Administrator Burt, Finance Director May, Parks Recreation Director Schultz, and City Planner Pearson. Parks Master Plan Staff provided the final draft plan for the Council's review and input. Parks and Recreation Director Schultz and Greg Ingraham, from Ingraham Associates Inc. were on hand to provide a brief description of the plan. Parks Commission Chair Kelly Sampo and Commissioner Mark Jacobs were also in attendance at the meeting. Schultz explained that the community has been provided the opportunity to give input through surveys, open houses and stakeholder meetings and the feedback received has been used to help mold the Master Plan. He also described how this plan will be user friendly and allow developers to have a clear vision of what the City is expecting in the area of park development. Schultz did mention the new plan is being looked at by Metropolitan Council as an amendment to the 2020 Comp Guide Plan and so we will be following their procedures for that amendment. Council Member Edwards asked Commissioners Sampo and Jacobs if they felt confident in the Master Plan being brought forward. Both conmiissioners indicated they were happy with the plan. Schultz also mentioned that the plan had been discussed on numerous occasions by the Parks and Recreation Commission. Schultz also indicated the plan was in a draft form and the maps and the layout would be cleaned up for the final product. User Fee Analysis Finance Director May informed the Council that the City is required in 2003 to report building fees and actual costs to the State Auditors office. As staff reviewed the work to keep track of this information staff contacted the city's financial consultant, Springsted, on doing such work. May recommended that after discussing it with Springsted that a full user fee analysis be conducted. The work will take approximately 12 week and provide useful information for budgeting. Mayor Busho requested that Ehlers be contacted for a comparison quote. Council directed staff to bring this to Council fot formal consideration in April. Hwy 52/42/55 Study Staff presented a brief explanation of the key recommendations of the transportation system study and the timing of the improvements. Council members indicated acceptance of the recommendations but asserted that the study should in no way suggest or pre -empt City Council approval of regional land use initiatives such as the Minnesota Intennodal Rail Terminal or a power plant. MVTA Joint Powers By Law Changes Mayor Busho updated the Council on the proposed changes being recommended by MVTA. Council consensus was that "the at large member" be selected by representatives from all member cities. Busho will report the Councils direction to the MVTA board. Tuesday Extended Hours City Administrator Burt informed Council that the extended hours on Tuesday have been in place for two years and that people are not taking advantage of those services. Burt recommended discontinuing extended hours. Council consensus was to discontinue the hours and to inform the public by press release. Continuation of Goal Setting Because of the hour this was postponed to a future meeting. The meeting was adjourned at 9:00 p.m. The City Council Agenda Packet is Clerk's File 2002 -08. 2 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MARCH 13, 2002 Respectfully submitted, Thomas D. Burt, City Administrator ROSEMOUNT CITY PROCEEDINGS SPECIAL CITY COUNCIL MEETING MARCH 18, 2002 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Monday, March 18, 2002 at 6:30 p.m. in the Upper Conference Room at City Hall, 2875 145th Street West. The purpose of the meeting was to interview applicants for openings on city commissions. Mayor Busho called the meeting to order with Council Members Edwards, Riley, and Klassen present. Also present was City Administrator Burt. Council conducted interviews with seven applicants for two vacancies on the Planning Commission and one vacancy on the Utility Commission. After the last interview Mayor Busho informed Council that Paul Heimkes would continue on the Utility Commission if the Council would like him to. Council consensus was to reappoint Heimkes to the Utility Commission. Council discussed the candidates for planning commissioners and the consensus was to appoint Dave Anderson and Jason Messner. Staff was directed to contact the candidates and inform them on Councils decision and to place the item on the March 19, 2002 agenda. Adjourned at 8:55 The City Council Special Meeting is Clerk's File is 2002 -8. Respectfully submitted, City Administrator Thomas D. Burt Recording Secretary 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. March 19, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145` Street West, in the Council Chambers. 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, Interim City Engineer Brotzler, City Planner Pearson, Police Chief Kalstabakken, Parks and Recreation Director Schultz, and Fire Chief Aker. The meeting was opened with the Pledge of Allegiance. Agenda Changes City Administrator Burt requested item 61. Commissioner Appointments be added to the agenda and item 6d. Receive Bids /Award Contract Bloomfield 4` Addition Street Utility Improvements Phase II, City Project #341 be pulled due to information not being received from the developer. This item will be readdressed at the next City Council meeting. The agenda was changed accordingly. Public Comment none Department Head Reports Police Chief Kalstabakken recognized the American Legion and thanked them for their contributions to the community. Mr. Kalstabakken introduced Beth Richtsmeier, the award recipient for Police Officer of the year. Officer Richtsmeier was recognized for her contributions to the domestic abuse response team and her involvement at Dakota County Technical College in the stnicturing of a class regarding the collection of physical evidence. Fire Chief Aker introduced Mike Haeg as the recipient of the Fire Fighter of the year award. Mr. Haeg was recognized for his contributions above and beyond his regular duties as Assistant Fire Chief. Legion Commander Tom Werner recognized members of the Legion for their years of continued service to the Legion and the community. Chief Kalstabakken introduced Joy Bester, Bntce Berkebile, and James Lucier, the three new members of the Police Reserve Program. Consent Agenda MOTION by Edwards to approve the amended Consent Agenda removing 6d. and adding 61. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. a. Minutes of March 7, 2002 Regular City Council b. Bills Listing 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 2002 1 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 2002 c. Donation Account Expenditure for Police Department D.A.R.E. Fund d. Receive Bids /Award Contract Bloomfield lth Addition Street R, T t ili ty Removed e. Contract Agreement for Solid Waste and Recycling Services for 2002 f. Trunk Sanitary Sewer Water Assessment Policy g. Appoint Fire Department Secretary h. Declaration of Surplus Property i. Lot Split for Evermoor Glendalough Outlot C j. Highway 52/42/55 Interchange Partnership Study Recommendations k. Approve Agreements with Xcel Energy for Trunk Highway 3 Street Utility Improvements (145 Street to SCAH 42), City Project 318 1. Commissioner Appointments PUBLIC HEARING: South Rose Park Area Improvements, City Project 325. Mayor Busho reviewed the public hearing process and explained this is a continuation of the public hearing for South Rose Park Area Improvements, City Project 325. Engineering Consultant Weiss briefly reviewed the South Rose Park Area Improvements project. The project consists of the removal and reconstruction of the pavement and base material and replace of all damaged concrete curb and gutter on 151 Street (Chippendale Avenue to Canada Avenue), Canada Avenue (CSAH 42 to T.H. 3) and Carrousel Way (Chippendale Avenue to 151 Street). Members of the audience requested information regarding the projected life of streets, the need for repaving Carousel Way, if sewer replacement was involved in the project and street lighting. City Engineer Brotzler stated streets are designed for a twenty (20) year life. In addition Mr. Weiss indicated Carousel Way would not have to be included in this project but it would be more cost effective to include it at this time. The only sanitary sewer work included as part of this project is the repair and replacement of existing sanitary sewer on Canada Avenue. The cost for street lighting will be addressed at a later date. Mayor Busho opened the public hearing for South Rose Park Area Improvements, City Project 325. The Affidavits of Publication and Notice were on file. Bill Berg, Rosemount, indicated he had no problem with Canada Avenue, 151 Street was not that bad, but is against including Carousel Way. MOTION by Edwards to close the public hearing for the South Rose Park Area Improvements, City Project 325. Second by Cisewski. Ayes: Klassen, Cisewski, Bush Riley, Edwards. Nays: None. Motion carried. MOTION by Edwards to adopt a RESOLUTION ORDERING THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 1 SOUTH ROSE PARK AREA IMPROVEMENTS, CITY PROJECT #325. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. OLD BUSINESS: Evermoor Glendalough Planned Unit Development Amendment City Planner Pearson presented a modified Evermoor Glendalough PUD Amendment to the City Council. This version removed the pool and the off street pull -in parking area from its design. The gazebo, mailbox stations, picnic area, tot lot and basketball court remain in the design. Council members expressed concerns regarding the sanctioning of a private park, the liabilities associated with this park, and the ownership of the park. Planner Pearson indicated that although there are no barriers to this park, the proximity to this neighborhood suggests this to be private. The owner of the park assumes all liabilities for the park and the ownership will eventually be turned over to the homeowners association. MOTION by Riley to adopt a RESOLUTION APPROVING THE MAJOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR EVERIIIOOR GLENDALOUGH. Second by Busho. A friendly amendment was added by Mayor Busho to include "with changes made in the resolution Council Member Riley accepted the friendly amendment. Council Member Klassen voiced concem with PUD's, such that original approvals are based on input from the community and commissions. When amendments are presented then the original expectations are not being met. Council Member Riley believes that Rosemount residents want neighborhood parks for safety reasons and questioned how this park would have an adverse effect on the community. Council Member Riley also referenced a letter from Shannon Allen, 15712 Crystal Path, stating support for the Glendalough pool issu e. Vote on Motion: Ayes: Cisewski, Busho, Riley. Nays: Edwards, Klassen. Motion carried. OLD BUSINESS: Evermoor Glendalough 2 Addition Final Plat MOTION by Riley to adopt a RESOLUTION APPROVING THE FINAL PLAT FOR EVERMOOR GLENDALOUGH 2 ADDITION with duly noted changes. Second by Busho. Ayes: Busho, Riley, Cisewski. Nays: Edwards, Klassen. Motion carried. Announcements Jaycee Easter Egg Hunt will be Saturday March 23, 2002. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 2002 1 Park Recreation Commission will meet March 25, 2002. Planning Commission will meet March 26, 2002. The Port Authority will meet April 2, 2002. The next City Council meeting will be Tuesday, April 2, 2002. Open house for City Hall will be Saturday, April 6, 2002 from 11:00 a.m. to 1:00 p.m. Mayor Busho adjourned the meeting at 8:30 p.m Respectfully submitted, 272 c,„ Li-le Maryann Stoffel, Recording Secretary The City Council Agenda Packet is Clerk's File 2002 -10. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 2, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145` Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, and Riley. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, Planning Intern Jones, and Parks and Recreation Director Schultz. Engineering Consultant Bret Weiss and Planning Commnissioner Myron Napper also attended. The meeting was opened with the Pledge of Allegiance. Agenda Changes City Council Member Klassen requested two additional items under New Business: 8.d. Set Dates for Performance Evaluation of City Administrator and 8.e. Nance Change of McAndrews Road. These were placed on the agenda. Public Comment Todd Franz. owner of South Metro Auto Brokers on Highway 3 across from the Community Center, passed out information to the Council Members and the Mayor. Franz felt the proposed rezoning of these four lots would be premature and should wait until development occurs. Franz had talked to his neighbors and had presented a signed petition to the Planning Commission where they stated that they wanted the zoning to remain the same. City staff noted that this re- zoning was city initiated in order to comply with the Comprehensive Plan designation, which designates the zoning as R2 Moderate Density Residential. Franz noted one senior couple that would be required to hook up to water and this would be a hardship for them. Franz noted that the Planning Commission also did not recommend this rezoning. Franz also noted his lot is zoned commercial and to rezone it to R2, Moderate Density Residential, would reduce the value of his property. Mayor Busho said they would consider Franz' comments when Item 8. a. is discussed this evening. Consent Agenda Council Member Cisewski reported that she was not present at the March 13, 2002 Committee of the Whole meeting as indicated and Council Member Edwards said he was present. The minutes of March 13, 2002 will be amended as directed. MOTION by Cisewski to approve the Consent Agenda with the amended minutes of March 13, 2002. Cisewski indicated she would not vote on the Minutes of March 13 and March 18, 2002 because she was absent from those meetings. Second by Riley. Ayes: Cisewski, Busho. Riley, Edwards, Klassen. Nays: None. Motion carried. a. Minutes of March 19, 2002 Regular City Council b. Minutes of March 18, 2002 Special Meeting for Commission Interviews c. Minutes of March 13, 2002 Committee of the Whole amended d. Bills Listing e. Receive Donation for Parks and Recreation Department f. Budget Amendments 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 2002 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 2002 g. Receive Bids /Award Contract- Bloomfield 4 Addition Street Utility Improvements. Phase 1I, City Project #341 h. Authorize Mn/DOT to Initiate the Cooperative Agreement Process Trunk Highway 3 Street Utility Improvements, (CSAH 42 to 145th Street), City Project 318 i. Resignation of Parks Recreation Commissioner j. Authorize User Fee Study k. MVTA John Powers Agreement and Bylaw Changes Receive Feasibility Report/Set Public Hearing for Connemara Trail Phase 2 (TH 3) Consultant Engineer Weiss reviewed the feasibility report for Connemara Trail. This is a detailed project due to the trunk facilities, a railroad crossing with gate and flashers, removal of or shortening of a railroad spur, trunk stormwatcr system improvements, and the extension of the Brockway Draw Sanitary Sewer Interceptor. Connemara Trail will also be the stain connection to a new water tower site which is yet to be determined. The Interceptor will eliminate the lift station at Rosemount Woods Mobile Home Park and require a 32 -foot deep section. Because of this depth it would be cost saving to do the trunk storm sewer line at the same time. However, Keegan Lake Outlet would not be done in this phase. The estimated cost is 55.9 million. There will be public hearings for this project in 2002 and 2003 since it is a 429 Project. Right -of -way acquisition will be needed from the Hertog and McMenomy properties for utilities. The Utilities Commission has reviewed this project. Mayor Busho noted that more than one access is needed to Erickson Park and a connection to the Community Center would benefit the community since Brazil Avenue will no longer go through to Highway 3. Weiss noted the grade difference would require retaining walls but that he would look into that possibility. Council Member Riley noted the large pond on the Minea property. City Engineer Brotzler explained that Rosemount has a big problem trying to get water to the Mississippi River, so use of infiltration basins, some with drain tile underground, will be used to reduce downstream impacts. MOTION by Edwards to adopt A RESOLUTOIN RECEIVING THE FEASIBILITY REPORT AND SETTING THE PUBLIC HEARING FOR CONNEMARA TRAIL PHASE 2, (TRUNK HIGHWAY 3 TO BISCAYNE POINTE 4TH ADDITION) STREET AND UTILITY IMPROVEMENTS AND APPURTENANT WORK, CITY PROJECT 343. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. MOTION by Cisewski to adopt A RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE BROCKWAY DRAW SANITARY SEWER INTERCEPTOR AND TRUNK STORM SEWER, CITY PROE.ICT 343B. Second by Klassen. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Rezoning Properties along Highway 3 across from the Community Center Planning Intern Jones reviewed the staff initiated rezoning to comply with the City's 2020 Comprehensive Guide Plan as directed by Metropolitan Council. Three parcels are currently zoned Agriculture and one is Community Commercial. The Comprehensive Guide Plan land 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 2002 designation is Moderate Density Residential. If rezoned only one parcel will be nonconforming because it has a commercial use, a used auto sales business. Council Member Klassen noted that the R2 zoning will allow residents to do maintenance on their homes as needed and the recommended changes would bring most of the non conforming properties into conformance. It was noted that this could be a "gateway" area to the city with commercial value. At one time a tunnel was considered for school and commmmity center participants to be able to walk safely to Erickson Park. If the concept plan is changing for this area then rezoning should he considered at a work session. Mayor Busho noted that changes can always be considered in the future with a possible Comp Plan amendment. City Administrator Burt said the City used to consider zoning as development occurred. Now, with new legislation and requirements by the State and Metropolitan Council, cities are asked to have zoning that reflects the comprehensive guide plan. So the Council could delay, but not postpone indefinitely this rezoning. Riley asked Council to reexamine the hardship to these homeowners. MOTION by Edwards to table the rezoning of properties along Highway 3 across from the Rosemount Community Center until such time that they can be considered at a worksession. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Rezoning Northwest Corner Highway 3 and County Road 42 Council Member Edwards moved the motion. MOTION by Edwards to adopt AN ORDINANCE AMENDNG ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE with the rezoning of 6.5 acres of the northwest comer of Highway 3 and County Road 42 to bring it into conformance with the 2020 Comprehensive Guide Plan. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. City of Rosemount Transportation Plan City Administrator Burt said that a Comprehensive Transportation Plan for the entire city was badly needed. The western portion of Rosemount has a transportation plan completed in July of 1993. The State now has a study area going on in the eastern portion for the CR 42 and HWY 52/55 interchange. There is no suggested plan for development east of Highway 3. There will be needs for bridges. roads and infrastructure and a plan should be in place. Burt recommended WSB Engineering to produce this transportation plan. Council Member Klassen asked why bids for this project weren't requested. Burt noted that the City has worked with WSB and Ron Brag is an excellent design engineer. Staff has negotiated a good price for the project and feels confident WSB Engineering will deliver a well designed transportation plan. MOTION by Cisewski to authorize the preparation of a Comprehensive Transportation Plan as proposed for a "not to exceed" cost of 547,500. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 2002 Set Dates for Performance Evaluation of City Administrator Mayor Busho said this yearly review is needed and a closed meeting may be required. Busho requested available dates to be brought to the next work session. Council Member Edwards noted this is usually done following a regular City Council meeting. Staff was directed to place it on the April 10th Committee of the Whole meeting. Name Change of McAndrews Road Council Member Klassen received a phone call from Dakota County Planning Commissioner Otto Ped requesting that City Council take a position on the renaming of McAndrews Road to Zoo Road to draw attention to the Minnesota Zoo. Ped did not support the renaming but would agree to additional directional signage for the Minnesota Zoo. Mayor Busho noted that the City of Rosemount names their streets as does Dakota County. Klassen said State statutes give the County authority to rename a street. Busho would like to review this further. It was agreed to take this to the April 10th Committee of the Whole. Announcements Mayor Busho reviewed upcoming meetings. The City Hall Open House will be April 6th 11:00 a.m. to 1:00 p.m. with a ceremony at noon. Daylight Savings Time will begin on Sunday, April 7, which also reminds residents to check their smoke detectors. Mayor Busho adjourned the meeting at 8:42 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2002 -11. V City Clerk Linda Jentink Recording Secretary ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE APRIL 10, 2002 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on April 10, 2002, at 6:30 p.ni. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, and Riley. Also in attendance were City Administrator Burt, Community Development Director Parsons, City Planner Pearson, City Engineer Brotzler, Code Enforcement Officer O'Brien, Water Resources Engineer Donnelly and Parks and Recreation Director Schultz. Animal Ordinance Amendments Code Enforcement Officer O'Brien went through changes to the proposed animal ordinance. Considerable discussion ensued on exotic animals. Council consensus was that staff would review if a grandfathering provision could be included to the ordinance for existing known animals owners. Staff will report back at a future meeting. Donnelly presented a proposed ordinance dealing with pasture management. Minor changes were recommended. This ordinance will be placed on the Council agenda once the animal ordinance is completed. Commission Chairs, Liaisons and Parks Recreation Commissioner Vacancy Council discussed chairpersons for the Parks Recreation and Planning Commissions. The consensus was at the next Council meeting to recommend Mark Jacobson as Chair for Parks and Recreation and Jeff Weisensel as Planning Commission Chair. Council directed City Administrator Burt to inform both commissioners of their appointment. Klassen and Cisewski indicated they both are no longer interested in serving on the Commissions and indicated other members could serve. Mayor Busho indicated she currently serves as a member of the Utility Commission. Riley said she was not interested in serving on either commission. The Council directed staff to advertise the vacancy for Parks and Recreation commissioner. Precinct Boundary Changes Burt updated council on proposed precinct boundary and polling place changes. Council directed that the item be place on the next Council agenda. Rezoning of Properties Along HWY 3 Across from Rosemount Community Center Pearson gave a brief explanation of the proposed zoning change and history of the Comprehensive Plan. Council discussed the proposed change and that it would bring the majority of the properties into compliance and only the car dealership would remain non- conforning. Staff was directed to place this item on the next Council agenda. County Road 38 (McAndrews) Renaming City Administrator Burt informed the Council that since the staff report was prepared, County staff called and indicated that the County Board was only considering directional signs along McAndrews and a name change was not being considered. Council directed Burt to prepare a letter to the County Board supporting directional signs and against the renaming. 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE APRIL 10, 2002 Project Update Burt distributed a list of current projects and the proposed funding of each project. To keep the developments moving he indicated in May that Council will consider setting the sale of a June bond. City Administrator's Longevity Discussion Council reviewed the item and directed staff to have the item on the next Council meeting. Set Date for Performance Evaluation of City Administrator Council consensus was that at the end of the April 16, 2002 Council meeting they would go into an executive session to discuss the City Administrators Performance. Continue Goal Setting Council identified the date of April 23 at 6:00 to continue goal setting. There being no further business, the meeting was adjourned. Respectfully submitted, The City Council's Agenda Packet is Clerk's File 2002 -13. Thomas D. Burt, City Adm. The meeting was opened with the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, April 16, 2002. at 7:30 p.m. at the Rosemount City Hall, 2875 145` Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen. Cisewski, and Riley. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, and Parks and Recreation Director Schultz. Agenda Changes City Administrator Burt presented additional information for items 6.c Bid Opening Results, 6.e. Petition and Waiver Agreement, 6.i. revision to Port Authority Annual Report, and 61. a Resolution supporting the establislunent of six precincts and polling places. Three items were added to the Consent Agenda 6.n. Change Orders for City Hall Project, 6.o. Receive Letter of Appeal and Set Public Hearing for Mr. Vang's Appeal of Board of Appeals and Adjustment, and 6.p. Proclamation for Space Day on May 2, 2002. Also, an amended resolution was presented for item 8.a. Wachter Lake Senior Condominiums Plat. Department Head Reports Parks Recreation Director Schultz presented a proclamation establishing Arbor Day on May 4, 2002. There will be a tree give -away at Central Park on Saturday, May 4 10 a.m. for the first 150 residents. Mayor Busho reminded residents to call Gopher -State One Call to mark any underground utilities before digging holes for trees. Schultz noted that the trees have bare -roots only, so planting must take place promptly. MOTION by Busho to approve the proclamation identifying May 4, 2002 as Arbor Day and the month of May as Arbor Month. Second by Cisewski. Ayes: Busho, Riley, Klassen. Cisewski. Nays: None. Motion carried. Consent Agenda Council Member Klassen requested that item 6.m. have the motion amended by inserting the word "continued" before goal setting work session. Council agreed to this amended motion. Klassen also noted that item 6.1. Rezoning: Properties Along Highway 3 Across from the Community Center was bringing this land into compliance with the Comprehensive Guide Plan and that it would allow the fence issue to be moot and brings most of the non conforming properties into conformance. MOTION by Klassen to approve the amended Consent Agenda and adding 6.n. Change Orders for City Hall Project, 6.o. Receive Letter of Appeal and Set Public Hearing for Mr. Vang's Appeal of Board of Appeals and Adjustment, and 6.p. Proclamation for Space Day on May 2, 2002. Second by Cisewski. Ayes: Riley, Klassen, Cisewski, Busho. Nays: None. Motion carried. a. Bills Listing b. Hazardous Waste Generator License for Endres Processing c. Receive Bids /Award Contract Wensmann Pond Bank Stabilization, City Project #334 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 2002 d. Approve Plans Specifications /Authorize Ad for Bid Evermoor Drumcliffe Street Utility Improvements, City Project #348 e. Receive Feasibility Report /c°' Pub Roaring 140` Street East Development, City Project #349 Public Hearing pulled due to Petition and Waiver Agreement f. Stonnwater Management Memorandum of Understanding g. City Administrator Longevity Increase h. Ped Ames Construction Mineral Extraction Permit Renewal i. Port Authority Annual Report j. Commission Chair Appointment k. Precinct Boundary Changes 1. Rezoning: Properties along Highway 3 across from the Community Center m. Set Special Meeting for Council Goal Setting: April 23, 2002 Add on n. Change Orders for City Hall Project Add on o. Receive Letter of Appeal and Set Public Hearing for Mr. Vang's Appeal of Board of Appeals and Adjustment Add on p. Proclamation for Space Day on May 2, 2002 Wachter Lake Senior Condominiums Planned Unit Development (Final) and Plat City Planner Pearson reviewed the Wachter Lake Condominium project. It is proposed to have 48 dwelling units in a senior housing development. The height of the three story building was a concern until the developer agreed to taper the north and south ends of the building by changing some two bedroom units to one bedroom. Staff and the Planning Commission has assured Council that the development now meets the standard maximum height requirements. Because of this, Council requested that condition 1. of the Final Planned Unit Development resolution be stricken and the following three conditions be renumbered accordingly. Terry Wensmann, Heritage Development, commended staff for the suggestion of the tapered ends to the building. Wensmann looked forward to beginning the project about June 1st. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE FINAL PLANNED UNIT DEVELOPMENT FOR WACHTER LAKE SENIOR CONDOMINIUMS striking condition 1. and renumbering the following three conditions. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE PLAT FOR WACHTER LAKE SENIOR CONDOMINIUMS based on inclusion of the legal descriptions for both parcels. Second by Klassen. Ayes: Cisewski, Busho, Riley, Klassen. Nays: None. Motion carried. St. Joseph's Church Conditional Use Permit City Planner Pearson reviewed the concept plan for St. Joseph's Catholic Church on a 26.76 -acre lot in a residential area. Churches are a conditional use in R -1, residential zoned land. This Conditional Use Permit process is intended to protect surrounding neighbors from any harmful effects the development may have on them. Some concepts were voiced from a neighbor on the southern border about headlights and landscape screening. Additional landscaping was added to their satisfaction. Staff also requested additional trees in the parking lot and along the two streets. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 2002 The Church plans to develop in two phases, with the second expansion not expected for seven to ten years. Council questioned staff about the connecting wall to be used in the second phase for expansion to the building. They were concerned about if the stucco on the east wall would be replaced with brick since it was not now know when this second phase would occur and how it could be enforced. Pearson noted that a condition to the resolution could be added. Gary Mitchell, BWBR Consultants, assured Council that the intent is to replace the stucco with brick when the expansion takes place. Mitchell said the stucco will be a similar color to the brick and will look quite nice. He has done stucco on other church building with good results. Mitchell clarified that the steeple will be new, four stained glass windows will be brought from the old building to the new and the landscaping trees had been set at residential standards of 80 feet apart. Council Member Klassen requested that commercial standards be used for tree placement in this case, which is 50 feet apart. Discussion took place and it was decided to add another condition to the resolution stipulating the 50 -foot standard for tree placement including next to the pond on Connemara Trail. MOTION by Klassen to adopt A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR SAINT JOSEPH'S CATHOLIC CHURCH with the addition of conditions 5. and 6. as follows: 5. Require that the trees use the standard of 50 feet apart along Cormemara Trail and Biscayne Avenue per commercial standards; and 6. The stucco walls approved with Phase 1 on the east facing wall will be replaced with brick walls when Phase 2 is completed. Second by Cisewski. Ayes: Busho, Riley, Klassen, Cisewski. Nays: None. Motion carried. Announcements Mayor Busho noted that the Police Property Sale will be Saturday, May 4, 2002 at 8:00 a.m. .at the City Hall west parking lot and Arbor Day that same day with a tree give -away beginning at 10:00 a.m. at the Central Park Shelter. Busho reminded residents of the Tornado Drill state -wide on April 18, 2002. Mayor Busho recognized the City Appreciation Awards that went to employees as follows: 5 years of employment, Mark Vanyo, Parks Recreation, Travis Jurek, Public Works, Richard Howe, Public Works; 10 years of employment: Jean Driscoll, Police Department; 15 years: A. J. Korpela, Public Works, John Sommers, Police Department; 20 years: Dwayne Kuhns, Police Department. Busho noted that the length of employment was commendable and passed her congratulations on to staff. Closed Session: City Administrator's Performance Evaluation Mayor Busho called a recess from the regular meeting to interview City Administrator Burt at 8:18 p.m. regarding his performance evaluation. The meeting was reconvened. Mayor Busho adjoumed the meeting at 8:40 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2002 -14, x 1 1 42 City Clerk Linda Jentink Recording Secretary 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 2002 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on Tuesday, April 23, 2002, at 6:00 p.m. at City Hall, 2875 145th Street West, Rosemount. Mayor Busho called the meeting to order with Council members Cisewski, Klassen, and Riley present. City Administrator Burt also attended. The purpose of the meeting was to assign priorities to goal for the City of Rosemount. This meeting is a continuation of the March 2, 2002, Goal Setting work session. Discussion continued on City Council Goals for 2002 -2004. The following list was discussed and identified for Council Goals. Council directed the City Administrator to prepare work plans for the identified goals and present it at an upcoming meeting for Council review. Goals Listed Items in Progress or On Going Implementation of comprehensive plan Hwy 55/52/42 study (will be completed in 2002) Working with U of M on directing stone water to their property Update parks master plan (will be completed in 2002) Review and update codes Mixed use industrial zone Business incentive program (fund in 2003) Community policing philosophy Mining study (will be completed in 2002) Work with Flint Hills Resources as they prepare plans for their land. Connemara Trail east of Hwy 3 Bridge over railroad tracks Discussion of Library Decorative street lighting plan Goals for 2002 Enhance and increase use of Channel 22 character generator Improve web site with hit counter and on line registration Identify three locations for library site and present to library board Transportation study Identify sidewalks needed to connect neighborhoods and budget in Investigate possible Chili Avenue diversion. Adopt redevelopment plan Review Sunrise Builders site, along Hwy 3, for possible purchase Policy on cameras in meetings and public comment. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING /GOAL SETTING APRIL 23, 2002 take to work session. CIP in 2003 1 Goals for 2003 Investigate kiosks and how to generate a revenue stream Government progranuning on Channel 22 City monument sign Downtown signage (negotiate with Railroad for site for sign) North central sewer study Construct water tower east of Hwy 3 Signal on Hwy 3 Review sign ordinance Implementation of Redevelopment Plan Goals for 2004 Street width policy Review need for full -time Fire Chief The meeting was adjourned at 7:15 p.m. Respectfully submitted, !l ��rti Thomas D. Burt, Materials from the packet can be viewed in Clerk's File 2002 -15. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING /GOAL SETTING APRIL 23. 2002 A s ministrator The meeting was opened with the Pledge of Allegiance. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 7, 2002, at 7:30 p.m. at the Rosemount City Hall. 2875 145` Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards present. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Parks and Recreation Director Schultz, City Engineer Brotzler, Police Chief Kalstabakken, and Consultant Engineer Weiss. Agenda Changes City Administrator Burt presented revisions to the minutes of April 2 and April 16, 2002. Public Comment Karrie Bulera and Todd Anderson, 4290 147 Street West, stated their support of allowing monkeys as domesticated pets. Bulera stated she felt lost in the shuffle when the animal ordinance was reviewed and revised by the Planning Commission and City Council. Bulera pointed out that all their neighbors were present in the audience in support of the pet monkeys that they own. Bulera presented a report to the Council with information from the State of Florida, petitions and letters in support, and health and disease information regarding monkeys. City Council will be considering the animal ordinance at the next Committee of the Whole. Amendment to 2020 Comprehensive Plan for Rosemount Park, Trail and Open Space Plan and Development Guide Parks and Recreation Director Dan Schultz explained that the current plan was ten years old and needed updating. Ingran and Associated were contracted to analyze data, trends. growth, refurbishing needs, and take input from city commissions and residents. A very thorough report was presented containing guidance for future parks. trails and open space for the city leaders. Council agreed the report would be a good tool for future development needs. MOTION by Cisewski to direct staff to prepare an amendment to the 2020 Comprehensive Plan to include the Rosemount Park, Trail and Open Space Plan and Development Guide that replaces the (1991) Comprehensive Park Plan and Development Guide. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. American Legion Poppy Day Proclamation Mayor Busho was approached by the American Legion Post 65 Ladies Auxiliary to declare May 17, 2002 as Poppy Day. The donations received for this project will be used to pay tribute to the war dead and also for some local charities. Council supported this proclamation. MOTION by Busho to approve the Poppy Proclamation declaring May 17, 2002 as Poppy Day in Rosemount, Minnesota. Second by Edwards. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. 1 Consent Agenda Council Member Klassen noted the revisions presented earlier that she proposed for the minutes of April 2 and 16` Item 6.a. Klassen also requested that Ttems 6.c. Minutes of March 2 and April 23, 2002 and Item j. Deferring Action on Smoking in Restaurants and Bars be considered after discussion. Council agreed to amend the agenda. MOTION by Edwards to approve the Consent Agenda with the revisions to the April 2 and April 16 regular City Council minutes and pulling Items 6.c and 6.j. for discussion. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. a. Minutes of April 2 and 16, 2002 Regular City Council Meetings (revised) b. Minutes of April 10, 2002 Committee of the Whole e Discussion d. Bills Listing e. Receive Donation for Parks Recreation Department f. Expenditure From Donation Account for Parks and Recreation Department g. Resignation of Employee h. Accounts Payable Clerk and Utility Billing /Deputy Registrar Clerk Position Openings i. Seat Belt Usage and the Safe Sober Program j. Deferring Action o Smoking in Restaurants and Bars Discussion k. Rezoning Holiday Companies, 15066 Chippendale Avenue 1. Approve Plans Specs/ Authorize Ad for Bid for 140th Street East Devel. Area, City Proj. 349 m. Approve Plans Authorize Ad for Bid for Hawkins Pond Bank Stabilization, City Project 328 n. Approve Plans Authorize Ad for Bid for South Rose Park Area Streets and Utilities, C.P. 325 o. Approve Change Order #1 for Marcotte Pond Lift Station, City Project 338 P. Approve Change Order 141 for Bloomfield 4th Phase 1, City Project 341 q. Approve Change Order #1 for Bloomfield 4th Phase 2, City Project 341 r. Approve Plans Specs /Authorize Ad for Bid for Evermoor Glendalough St. Utility CP 348 s. Receive Feasibility Report Set Public Hearing for Chippendale 42 Reconstruction, C.P. 344 t. On Public Premise Liquor Provider u. Ratification of Fire Dept. Appointments v. City Hall Payments w. Hiring of Part Time Parks Recreation Secretary 6.c. Minutes of March 2 and April 23, 2002 Goal Setting Special Meetings Council Member Klassen had remembered some youth initiative goals which she would like included in the listed items noted in the goals. One was the continued participation of the Healthy Promise Program and the other was the Skateboarding Park Committee. City Attorney LeFevere noted that this should be considered under Old Business, as the minutes are correct as stated. Klassen agreed to that consideration. Action was moved to the later part of the meeting. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 2002 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 2002 6.j. Deferring Action on Smoking in Restaurants and Bars Council Member Klassen thought the request for a resolution deferring action to the State on the item was a pre emptive move. Council Member Cisewski was not opposed but did feel that this was not necessary at this time. Mayor Busho noted this infomiation was included in a weekly update to City Council and this response is very similar to the recent phosphorous legislation enacted. Council Member Edwards also noted this was premature and that no action needed to be taken. Council Member Riley was comfortable with the resolution request. Consensus was to refer this to a future time. Public Hearing: Connemara Trail Phase 2. Street Utility Improvements, City Project 343C, Trunk Highway 3 to Biscayne Pointe 4th Addition Mayor Busho reviewed the public hearing process for the audience. The city clerk affirmed that the hearing was properly noticed and published and the affidavits were on file. Consultant Engineer Bret Weiss from WSB Engineering gave an overview of the project. There will be three phases, Connemara Trail City Project 343A; Brockway Draw Sanitary Sewer Interceptor and Trunk Storm Sewer, City Project 343B. and Biscayne Avenue City Project 343C. Biscayne Avenue 343C will be considered tonight. This project includes the reconstruction of Biscayne Avenue from the existing urban section, north to the proposed entrance to St. Joseph's Church. Biscayne Avenue is proposed to be reconstructed as a 52 -foot wide urban section with sanitary sewer, «atermain and storm sewer. The funding will be in part through special assessments and State 429 process which includes a public hearing. Staff recommends approving the project and ordering the preparation of plans and specifications. This project with the future phases will provide looping throughout the whole watennain system, the storm sewer system will solve high water problems at Keagen Lake, and allow the extension of the sanitary sewer under Highway 3 to the eastern sections of Rosemount. These are needed improvements for the development of Rosemount. Mayor Busho opened the Public Hearing for public comment however, there was none offered. MOTION by Busho to close the Public Hearing. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski. Busho. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONNEMARA TRAIL PHASE 2 (TRUNK HIGHWAY 3 TO BISCAYNE POINTE 4TH ADDITION) STREET UTILITY IMPROVEMENTS, CITY PROJECT 343C. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Appeal of Planning Commission Interpretation to Board of Appeals and Adjustments for Mr. Vang, 6593 142 Street East Mayor Busho reviewed the public hearing process for the audience. The city clerk affirmed that the hearing was properly noticed and published and the affidavits were on file. ROSEMOUNT CiTY PROCEEDINGS REGULAR MEETING MAY 7, 2002 City Planner Pearson reviewed the denial of the Planning Commission for a 3,200 square foot barn at 5693 142nd Street East, which has less than twenty acres. The accessory structures are limited by code to 2,400 sq. ft. for a total square footage of all the buildings on the property. Mr. Vang also hopes to move green houses on the property in the future. His use is for cash crops which is an agricultural use, however, when the lot is less than twenty acres it has restrictions on total square footage of all buildings. Mary and Shu Vang, daughters of Mr. Vang, spoke in favor of the variance appeal. She explained the business as commercial produce with sales and storage needed in the new barn. Vang said they are willing to negotiate the size of the ham. The family felt this would improve their family business and that their new corner at County Road 42 and Highway 55 would be more successful. Council Member Klassen noted that in essence that is part of the problem, that agriculture is not meant to be allowed for a business with additional traffic. MOTION by Busho to close the public hearing for Mr. Vang's variance appeal. Second by Riley. Ayes: Five. Nays: None. Motion carried. MOTION by Klassen to uphold the staff interpretation of Section 7.2.A.6 of the Zoning Ordinance. Second by Edwards. Discussion ensued. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Council Member Cisewski noted this type of issue keeps coming up and suggested that it be addressed at a work session to find alternatives and give more direction to staff. Cisewski questioned if plant sales are the same as produce sales. Council Member Edwards directed the Vang family to come back and explore the possibility of changing this to a commercial zoning issue or some other alternative with the city staff. Mayor Busho noted that at times altematives can be devised and allowed with City Council consideration. City Administrator Burt noted that through state agriculture law, produce sales are allowed on agriculturally zoned land. So this land use request is allowed with a produce stand. FTTH Franchise Application Competitive Cable System City Administrator Burt introduced Attorney Robert Voss from Kennedy and Graven, Chartered. Voss reviewed the negotiations with Fiber To The Honie (FTTH) and the FTTH application. Voss' report summarized the proposal and build -out schedule, and the qualifications of FTTH. A resolution was attached by which the Council could approve the application if desired. The Charter Cable Franchise is compared with the FTTH proposal. The Minnesota Public Utilities Commission has also reviewed and approved FTTH for phone service and so these qualifications concur with cable service qualifications. The build out schedule covers more area than Charter Cable offers. There are very few cities that have competitive cable services. The City of Morris has this situation and Federated Telephone uses the same system, and what FTTH has proposed a faster build -out than what the City of Morris has negotiated. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 2002 Council Member Edwards said that the staff report fully satisfied all his questions and was a clear document to understand. Edwards thanked staff. Council Member Riley asked how does FTTH plan to do a build -out faster? Voss noted that it is using Optical Usage and can do slightly more hones in Rosemount per area. Riley asked for further financial support information. Voss noted that the company has gone through the state and has received their approval. Klassen asked if the S50,000 assurrity is enough? If this company would go under, would the City be forced to continue this service. Voss noted that there is no obligation by the City to complete the system. Voss reviewed the build -out map with five phases to the construction. The first three phases would go beyond what Charter is now serving. The build -out covers the current development areas and would be completed by 2011. Charter has been here fifteen years and has not yet serviced all of the city. FTTH would include a full communication package with high speed Internet, enhanced video, and as a local phone company. This is more than Charter Cable can offer. John Schultz, representing FTTH, noted that they do plan on being profitable. Yet they will be competitive with Charter Cable, the industry standard would call for 30% of the cable market and FTTH would hope to do much more than that. FTTH has run their numbers, did a business plan, followed a cash flow process which all indicated the prospect of a sound business far into the future. The first phase would include Evermoor, the schools and city hall with about 380 homes along Shannon Parkway. The installation process would require burying cable in the right -of -ways. Hook up would not be required, and could be done at a later date. FTTH has talked with Independent School District 196 and would offer the Internet service rather than video since that is provided by Charter Cable now. The private schools have not been approached yet. MOTION by Edwards to adopt a RESOLUTION APPROVING CABLE FRANCHISE APPLICATION BY FTTH. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Additions to Goals for the City of Rosemount Council Member Cisewski asked that the minutes of the goal setting sessions be approved prior to this discussion. Council agreed that the minutes were accurate to the proceedings. MOTION by Cisewski to approve the minutes of March 2 and April 23, 2002 Goal setting Special Meetings as presented. Second by Klassen. Ayes: Riley. Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Council Member Klassen expressed her wish to add youth programs on the goals list to give recognition and credit to those who have participated in these programs. Klassen noted she appreciates the Healthy Promise, Healthy Community program, America's Promise program, Job Shadowing program, the American Fellow grant that allows an additional youth advisor on staff, and the Skateboard Park Committee that has given youth a look into city government and planning process. It was noted that although these items are note worthy they do not have budget 5 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING Ni AY 7, 2002 implications to the City. The consensus was that staff should list these on -going youth programs until their goals are reached. MOTION by Klassen to add to the goals list for the City of Rosemount Healthy Community Healthy Youth and the Skateboard Committee under Parks and Recreation. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Announcements Mayor Busho noted that the community-wide garage sale will be May 10th and 11th. Application fornis and maps can be obtained at the three area banks, Cub Foods, and the web page. Last Saturday's tree give -away and police property sale went very well. Busho reviewed the city's regular meetings. Council Member Klassen requested an update on banners at the next work session. Executive Session MOTION by Busho to move to a closed meeting to continue the Administrator's Performance Standard and the regular City Council meeting will be adjourned following that discussion. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. The regular meeting was moved to closed session at 9:15 p.m. After discussion with City Administrator Burt the City Council approved the Administrator's Performance Standards. Council Member Edwards did not attend the Executive Session. MOTION by Klassen to approve the Performance Standards for City Administrator Thomas Burt. Second by Riley. Ayes: Busho, Riley, Klassen, Cisewski. Nays: None. Notion carried. The meeting was adjourned at 9:25 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2002 -16. City Clerk Linda Jentink Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MAY 15, 2002 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on May 16, 2002, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Council Members Klassen and Cisewski. Council Member Riley arrived at 6:50 p.m. Also in attendance were City Administrator Burt, Community Development Director Parsons, City Planner Pearson, Code Enforcement Official O'Brien, City Engineer Brotzler, and Urban Wildlife Specialist Brian Luke with the State of Minnesota Department of Natural Resources (DNR). Council Member Cisewski noted she had requested that the potential library for Rosemount be discussed. Burt noted he has a meeting later in the week with Dakota County regarding that and will report back to City Council. Mayor Busho moved the 2. G. Banner Update with item 2.D. Street Lighting Plan and South Rose Park Street Lighting. Animal Ordinance Amendments City Administrator Burt reviewed the sequence of events that has brought the animal ordinance to this point. This process will change the control from the zoning ordinance to the City Code, which is more enforceable. The exotic animals continue to be an issue. A grandfather clause which would register those currently holding exotic animals with a 90 -day limit for response to continue to allow them, but no additional exotic animals would be allowed. Klassen noted that when the issue was first brought up at Planning Commission, it centered around the question of what "domesticated" meant. Klassen was surprised at the size of the animal ordinance, noting that it is too lengthy. Burt noted that monkeys have never been a permitted use. Staff is looking for further direction. City Planner Pearson noted that at present a resident's only recourse is to appeal staff interpretation to the City Council. This does not require a public hearing. A variance is not used because it must show hardship (usually with a land use issue). Burt talked with our City Attorney who said a resident could request a public hearing at the City Council level. Klassen noted the document is too thorough and felt the 32 page document was punitive. too restrictive and unenforceable. Klassen felt that the document should be simplified. And. that if an animal is bred and raised in the U.S. and sold legally in Minnesota, it should not be prohibited in the City of Rosemount. Klassen said other cities are not as restrictive such as Rochester and Apple Valley. Only animals proven to be dangerous are restricted. Mayor Busho noted that this ordinance also deals with taking proper care of your animals. Busho said she was comfortable with the presented ordinance and believed that other cities would use it as a model. The old city regulations were written in 1989, so it is time to reconsider this topic. Council Member Cisewski asked why not wait for the State to deal with the animal ordinance like they did with phosphorous and possibly smoking in the near future? Council Member Riley was alamted at the number of diseases carried by exotic animals and felt the ordinance addressed personal safety. Riley said many insurance companies will not insure exotic animals: so it could be a personal liability as well. Klassen noted there are insurance companies that do cover exotic animals. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MAY 15, 2002 Police Chief Kalstabakken noted that if we do not change the animal regulations then no exotics are allowed and staff needs to know whether to enforce the law or ignore it. There is a concern for the feeding of wild animals also and the many deer now moving into residential areas. Kalstabakken said there are residents with more horses than are legal also. He asked if this should be enforced or by complaint only? This ordinance provides for pasture management and nearness of neighbors. Brian Lueth, representing the Minnesota DNR, gave a talk on how wildlife get dependent on people and the spread of disease is increased because they gather at the feeders. Burnsville has a resolution that addresses residents who "intentionally" feed deer as illegal. This is a nation wide problem. Deer management is usually done by a managed hunt in normal hunting season. South of Birger Pond and Carrolls Woods are two areas which residents have called to express concern over the number of deer. A resource agency for this is Metro Bow Hunters Resource Base. Restrictions on feeding wildlife, which could include deer, geese and ducks, could be considered. Klassen believed it best to only restrict the feeding of deer. Cisewski suggested being more vague and use "any animal" rather than listing them out. The consensus was to direct staff to respond to complaints for now and that staff should look at how to reduce the size of the proposed animal ordinance. Mining Report City Planner Pearson presented a map of Rosemount showing where natural deposits of sand and gravel exist. Pearson presented three options for removal of the available remaining deposits: 1.) Don't change anything. Continue to remain small and use for local use only. 2.) Connect mining with pending development. Existing mining permits would have to be continued as legal- nonconforming uses. Future mining would occur as part of an extended site development phase for up to five years. 3.) Allow mining districts, bigger operations or more than one company, but work from the MUSA line out, extracting all usable gravel say out one mile, then closing that before beginning the next mile phase. This would allow development on the reclaimed land. Pearson also noted that city control could be taken away by the state if directed by the legislature. The city could set up tonnage fees. Mining does not make a good neighbor to residential developments. The moratorium on mining ends in December this year, so changes must occur prior to that. Mayor Busho recommended that mining only be allowed east of Akron Avenue and south of CR 42. After the mining is done the land would be reclaimed. The Transportation Plan has to be in place so this can be worked around. Host community fees could be requested. Staff was requested to put together a list that can be prioritized in July. Council Member Klassen left at 8:45 p.m. Minimum Building Size in the Industrial Zones City Planner Pearson explained that this was a reaction to the development in the industrial zoned area in eastern Rosemount. Many of the parcels are being underutilized with small buildings and large parking lots. This allows for a low tax base, fewer jobs, stone water runoff problems, and extra traffic. A formula could be made that would require 25% building to site with a minimum of 10% and reasonable parking. Outdoor storage, set backs and screening could 2 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MAY 15, 2002 be more liberal. Staff was directed to work up a fornmla or phasing for a minimum building size per land area restriction. Street Lighting Plan and South Rose Park Street Lighting City Engineer Brotzler presented a lighting plan for the South Rose Park area, commercial district behind Rosemount Square along 151st Avenue and Carousel Way. The lighting would tie the commercial district together and provide added safety for a inter connected sidewalk. It was suggested to alternate lights every 150 feet or just place them on one side of the street. The estimated cost is $234,500. Some appraisals will be necessary to prove benefit for assessment cost. Pedestrian Facility Improvement Plan City Engineer Brotzler noted that one of the goals set by Council for 2002 is the development of a plan to connect sidewalks and trails within the City. Brotzler presented a cost estimate of $643,800. A Committee recommended which connections to do as a first priority and that larger links will follow. This will return to the June Committee of the Whole meeting. Work Plan City Administrator Burt presented the work plan which highlights each departments goals and the process being used to reach each one. Council Member Cisewski said she would like to see a page added for the library. It was noted that the format and typos needed further attention. Burt said he would return the plan at the June work session. Banners Mayor Busho asked staff to review the budget expenses used to this point for banners and the donations received. This could be brought to City Council at their next regular meeting. Updates Oppidan Construction is the builder for a fast food restaurant combination of A and W and Kentucky Fried Chicken. Oppidan was the builder for Cub Foods. There are some family restaurants considering the mall locations. The State Utility Board is moving ahead with siting a power plant. which the city doesn't have much control over. Great River Coop is one of the applicants. MUSA may change from having restrictive boundary lines to capacity restrictions. There being no further business, the meeting was adjourned at 9:49 p.m. The City Council's Agenda Packet is Clerk's File 2002 -17. 3 Respectfully submitted, City Clerk Jent nk, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, May 21, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145" Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards present. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Parks and Recreation Director Schultz, City Engineer Brotzler, and Police Chief Kalstabakken. The meeting was opened with the Pledge of Allegiance led by Police Chief Kalstabakken. Agenda Changes Council Member Klassen requested that a banner discussion take place and discussion on the note Mayor Busho directed to City Council after the animal ordinance was discussed at the Committee of the Whole May 15, 2002. Mayor Busho placed these under Old Business 7a. and 7b. City Administrator presented a request to set a special meeting for Parks and Recreation commissioner interviews. Mayor Busho placed this under New Business, 8.b. Public Comment Craig Krysan, 3895 Cardinal Court, presented a signed petition from his neighborhood requesting a stop sign at the comer of Crystal Path and Cardinal Court/Cardinal Street. There is a daycare in a home in Cardinal Court so there are extra children and extra traffic going in and out of the court. Krysan provided a map showing that there are stop signs at all other intersections near hy. Mayor Busho explained that this information will be researched by staff, possibly a car count could be taken and that staff would review this at a Development Review Meeting and then report back to City Council. Mr. Krysan would be notified when it comes back to City Council. Consent Agenda Council Member Klassen requested that 6.o. Approve Plans and Spec's /Authorize Ad for Bid; Connemara Trail Phase 2, City Project 330 be removed for discussion. MOTION by Cisewski to approve the Consent Agenda removing 6.o. Approve Plans and Spec's/Authorize Ad for Bid; Connemara Trail Phase 2. City Project 330 for discussion. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. a. Minutes of May 7, 2002 Regular City Council Meeting b. Bills Listing c. Receive Donation for Fire Department d. Pay Request for City Hall Project e. Redesignation of Certain Prior Years' Encumbrances f. 2002A General Obligation Improvement Bond Issue Authorizing Issuance and Setting Bond Sale g. 2002B General Obligation Water and Stonn Water Revenue Bond Issue Authorizing Issuance and Setting Bond Sale h. 3.2% Malt Liquor License Renewals i. Wensmann Wachter Lake Condominium Rezoning 1 j. Receive Bids /Award Contract- Evermoor Drumcliffe Addition Street and Utility Improvements, City Project #348 k. Approve Petition /Waiver Agreement Amendment for Outlots of Evennoor, City Proj. 330 I. Authorize Preparation of Plans and Specifications for Biscayne Pointe 4 Addition Street Utility Improvements, City Project #352 m. Authorize Eminent Domain for McMenomy, City Project 343 n. Authorize Eminent Domain for Ostertag Parcel, City Project 330 o nd f r Bid Co p. Authorization to Apply for Alcohol Compliance Grant q. Receive SKB 2001 Financial Statement r. Declare Surplus Property: Fire Truck s. Authorize Application for COPS Universal Hiring Program Grant ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 2002 6.o. Approve Plans and Specs /Authorize Ad for Bid: Connemara Trail Phase 1, C.P. 330 Council Member Klassen wanted to clarify the status of the tunnel under Connemara Avenue. When first examined, the tunnel was more expensive than planned and more of a liability because of its excessive length of 200 feet. City Engineer Brotzler reported that a change in location of the tunnel will allow it to be shorter, about 150 feet. This was an acceptable change. MOTION by Klassen to adopt A RESOLUTION RECEIVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR CONNEMARA TRAIL PHASE 1 STREET AND UTILITY IMPROVEMEN'T'S, CITY PROJECT 330. Second by Cisewski. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Banners Council Member Klassen asked the current state of affairs for the banners and if there was any money left to purchase more. Klassen noticed that not all the banners were put up and asked if there was room for community involvement. Mayor Busho said that staff would check into this and report back. Animal Ordinance and Note Mayor Busho explained her note to Council summing up the direction given to staff at the Committee of the Whole work session. The note mentioned that Council Member Klassen had some language available to simplify the ordinance. Mayor Busho believed that staff has put together a complete animal ordinance that would carry Rosemount far into the future. Council Member Klassen believed the proposed ordinance was not enforceable, was too punitive and restrictive and the need to add staff. The note from the Mayor to staff and City Council was discussed. Wensmann Homes Concept Major Amendment to Evermoor Planned Unit Development City Plainer Pearson reviewed the concept plan major amendment, which includes three neighborhoods. Wensmann Homes is developing two of them, the senior housing of Waterford and the detached townhomes of Bard's Crossing. D.R. Horton is doing the third neighborhood. Roundstone with Coach Townhomes. This request is to switch the senior housing with the Bard's Crossing area and D.R. Horton has changed the street layout for Roundstone. Both developers are pleased with these changes and expect a top quality life style neighborhood. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 2002 Wensmann requested a density increase, from 100 units to 120 units in the senior housing. Additional landscaping will be included. The streets will remain private streets and will have to conform to the current standards for circulation, functionality and minimum parking requirements. Staff will work with the developers to further refine any variances to the zoning ordinance or comprehensive plan. City Planner Pearson agreed to revise the resolution to include conditions. Developer Terry Wensmann described the Bards development as a wonderful opportunity for upgrade luxury style townhomes that face south with walkouts and decks, and the garage at floor level. Most of the trees will be saved around the outer edge of the development. Each home will be custom ordered and there will be an association for maintenance of the streets. Mike Suel, from D.R. Horton, developing the Roundstone area, found the original concept plan had been sited with single car garages so in order to follow zoning requirements the placement of the homes had to be changed. The original street alignment was changed which allows more trees to be left on the south end. The buildings contain 6, 8, or 10 units. They are considered starter homes with the base price of $145,000 or $160,000 depending on model and finishing materials. The row homes will start at the base price of $185,000 to S200,000. City Planter Pearson reviewed the conditions for the resolution as follows: The developer shall be required to adhere to standards for street widths; access points; landscaping along Connemara Trail will be enhanced; and the developer shall be required to complete the preliminary plat phase of the review process. Mayor Busho asked about a condition for the architectural design of the row homes and consensus was that it will be looked at when the preliminary plat phase is reviewed. MOTION by Riley to adopt A RESOLUTION APPROVING THE CONCEPT OF A MAJOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT WITH CONDITIONS THAT CITY PLANNER PEARSON STATED. Second by Cisewski. Discussion followed. Council Member Klassen noted that she would be voting no because she did not agree with the additional units to Roundstone as citizen input prior to the PUD raised concerns with density. Council Member Edwards requested a friendly amendment for clarification to change "the" prior to concept, to "a The motion maker and second agreed. MOTION by Riley to adopt A RESOLUTION APPROVING A CONCEPT OF A MAJOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT WITH CONDITIONS THAT CITY PLANNER PEARSON STATED. Second by Cisewski. Ayes: Edwards, Cisewski, Busho, Riley. Nays: Klassen. Motion carried. Set Special Meeting for City Council City Administrator Burt reported that two applications had been returned for the Parks and Recreation Commissioner opening. Staff recommended a brief special meeting prior to the Port 1 1 1 authority on June 4th at 5:30 p.m. in order to conduct interviews for the Parks and Recreation Commissioner position. Applicants Eric Johnson and Kevin Hubbard will be asked to attend. MOTION by Edwards to set a Special Meeting for the purpose of interviewing applicants for the Parks and Recreation Commissioner position on June 4, 2002 at 5:30 p.m. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. Announcements Mayor Busho noted the Skateboard Committee will hold open houses on May 22 and May 28 at 6:30 p.m. at the Community Center. D.A.R.E. graduations will be on May 28, 29 and .tune 5th. The last day of school is June 6th. Please keep in mind pedestrian safety. MVTA will hold its monthly meeting on May 29, at 4 p.m. The meeting was adjourned at 8:50 p.m. The City Council Agenda Packet is Clerk's File 2002 -18. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 2002 Respectfully submitted, r (/1'L City Clerk Linda Jentink Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 4, 2002 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Tuesday, June 4, 2002, at 5:30 p.m. at the Rosemount City Hall, 2875 I45 Street West, in the Council Conference Room. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards present. Also in attendance was City Administrator Burt. The purpose of the meeting was to interview three applicants for the remaining part of a one -year term for a Parks and Recreation Commissioner position. Those interviewed were Eric S. Johnson, Steve Wilson, and Kevin Hubbard. City Council will consider appointment at the following regular City Council meeting of June 4, 2002. The meeting was adjourned at 5:55 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2002 -19. c7' �c Thomas D. Burt, C Administrator Recording Secretary 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 4, 2002, at 7:30 p.m. at the Rosemount City Hall. 2875 145 Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards present. Also in attendance were City Administrator Burt, City Attorney LeFevere, City Planner Pearson, Parks and Recreation Director Schultz, City Engineer Brotzler, and Police Chief Kalstabakken. The meeting was opened with the Pledge of Allegiance. Agenda Changes City Administrator Burt requested that Item 5.b. Highway 52/42/55 Interchange and Highway 55 Regional Corridor Study be pulled because Council had addressed this in resolution foam on March l9, 2002. Also. Consent Item 6.g. was pulled by staff, Receive Bids /Award Contract for Eceni oor Glendalough Streets and Utilities. City Project 347. Item 5.c. was added. Appointment of Parks Recreation Commissioner. Additional information was presented to Council for minute revisions for May 15 and May 21; bid results for Consent 6.e., 6.f., and 6.h.; and corrections were submitted for 6.k. and 6.p. Presentation and Acceptance of 2001 Comprehensive Annual Financial Report (CAFR) Daryl DeKam, CPA from Virchow, Krause C'ompany, LLP. presented the Audit for 2001 for the City of Rosemount. There were no trouble spots or areas of concern. The accountants found staff very helpful over the five to six month period of review. This year standard contributions and capital contributions were reported in GASB 33. In 2003, GASB 34 will be in effect and it will change the look of the audit reports. Mayor Busho noted that the City has maintained its A2 bond rating. MOTION by Edwards to adopt A RESOLUTION ACCEPTING THE 2001 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski. Busho. Nays: None. Motion carried. Appointment of Parks Recreation Commissioner City Council interviewed three applicants for the Parks Recreation Commissioner position earlier this evening at a special meeting. The applicant selected was Eric S. Johnson, 14310 Belle Court. Also interviewed were Kevin Hubbard and Steve Wilson. Johnson's term will begin with the June 24th Parks and Recreation Commission meeting and expire March 31, 2003. MOTION by Cisewski to appoint Eric S. Johnson as a Commissioner to the Parks and Recreation Commission to fill the remainder of a one -year temi which expires March 31, 2003. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. ROSENIOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 4, 2002 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 4, 2002 Consent Agenda MOTION by Cisewski to approve the Consent Agenda removing 6.g. Receive Bids /Award Contract for Evemtoor Glendalough Streets and Utilities, City Project 347; revised minutes; bid results added; and corrections to 6k. and bp. See Clerk's File 2002 -20. Second by Riley. Ayes: Klassen, Cisewski, Busho. Riley. Edwards. Nays: None. Motion carried. a. Minutes of May 21, 2002 Regular City Council Meetings b. Minutes of May 16, 2002 Committee of the Whole c. Bills Listing d. Expenditure From Donation Account for Parks and Recreation Department e. Receive Bids Award Contract for 140th Street East Development. City Project #349 f. Receive Bids Award Contract for Hawkins Pond Bank Stabilization, City Project 4328 g. Rereive Bids Award Contract for Evermoor Glendalough Streets and Utilities, City Proj. #34-7 h. Receive Bids Award Contract for South Rose Park Street Reconstruction, City Project #325 i. Approve Railroad Agreement for Stornt Sewer Crossing for TH 3 Enhancement Project, CP318 j. Approve Plans &Spec's Authorize Ad for Bid for Brockway Draw Sanitary Sewer Interceptor and Trunk Storm Sewer Project. City Project 343B k. Authorize Eminent Domain Proceedings for Connemara Trail Phase II, City Project 343. 1. Bloomfield Park Contract for Plans and Specifications m. Amend the 2002 Fees and Fee Policy Parks Dedication Fees n. Repeal Cigarette Saks from City Code o. Mineral Extraction Permit Renewal Furlong /Ames Construction, Inc. p. Final Plat for Wachter Lake Senior Condominiums and Subdivision Agreement Wensmann Homes Lot Split Combination for Earl Stein, 3622 Upper 149th Street West City Planner Pearson reviewed a negotiated resolution to solve Mr. Stein's problem of where to place a required dumpster enclosure and have the City gain more in appearance and safety. It was found that the preferred enclosure location and the west edge of the parking lot are actually on the City owned storm water pond easement, the adjacent outlot. Staff concluded that a fifteen foot wide strip of City owned land could be transferred to Mr. Stein, and the City would maintain an easement for ponding in return for additional green space and compliance to City Code. Curb stops would be required. The Planning Commission held a public hearing at which no one came forward to comment. Pearson did receive one phone call that expressed concern for setting a precedent. Pearson assured Council this was a unique situation. Discussion included concern that the pine trees planted to provide screening from lights at GoodYear Tires would remain in place. And, that any costs incurred, like attorney fees, land registration, survey, etc. would be paid for by Mr. Stein. Two conditions were added to the resolution: 5. Request to maintain pine tree screening on the south end of lot. and 6. The City will have no costs incurred by this process. Earl Stein, 3622 Upper 149th Street West, verbally agreed with these two new conditions. Stein noted that the pine trees will not be disturbed. Busho assured Mr. Stein that there would be no 1 charge for the actual land, only the incurred costs of the transfer process. Mr. Stein estimated that this project should be done by September. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE LOT SPLIT COMBINATION FOR EARL STEIN property at 3622 Upper 149111 Street West with the addition of conditions 5. and 6. as mentioned. Second by Edwards. Ayes: Cisewski, Busho, Riley. Edward, Klassen. Nays: None. Motion carried. Announcements Mayor Busho reviewed the regular meetings for June. The D.A.R.E. graduation for Shannon Park Elementary is June 5, at 2 p.m. June 1 lth Metropolitan Council will hold a Open Listening Meeting on their 2030 Plan. The meeting was adjourned at 7:55 p.m. The City Council Agenda Packet is Clerk's File 2002 -20. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 4, 2002 Respectfully submitted, City Clerk Linda Jentink Recording Secretary ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JUNE 12, 2002 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on June 12, 2002, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, and Riley. Also in attendance were City Administrator Burt, City Engineer Brotzler and Consulting Engineer Weiss, and Code Enforcement Officer O'Brien. Library Site Selection Bill Asp. Director of Dakota County Libraries, recommended a process of site selection by City Council and City staff, then a possible joint committee of two County Library Board Members and two City Council Members to review sites before approval by the Board and Council. A 20,000 square foot building is being planned for Rosemount, with an expansion to 28,000 square feet about ten years later. The main reason a larger library is proposed is that Dakota County has Tess libraries than other counties and because larger libraries are able to provide more services and selection. The site must have room for this expansion in the future and the county recommends six to ten acres. Staff was requested to estimate what the cost of perpetual maintenance of the site might be and check what changes are needed for the CIP budget. Mixed use is being considered as well, so a partial tax base is possible. This could be supported at the joint committee meetings Comprehensive Storm Water Management Plan WSB Engineer prepared a plan for the City of Rosemount. This is a layout for the drainage system to serve the city with storage areas. This is a concept plan. The major change is that the water will end up in the Mississippi River rather than the Vermillion River. Dakota County now has controls for the Vermillion Watershed and the ability to charge for that operation. If we improve our own system, then we have control to have fees for that project area. Projected costs and phasing for the build out are provided. WSB met with MCES, Metropolitan Council Environmental Services. It is recommended to use their pipe, the Empire Output Pipe on a temporary basis, two to ten years. This could spread the cost of the system out. There may be cooling towers necessary before entering the river. City staff does not believe we will have the density that Metropolitan Council project for twenty or thirty years from now. A filtration system, the first of its kind, is proposed to clean the water before it moves down to the river. Wensmann Pond and Hawkins Pond are examples of natural plants and an easement area around them. Residents will have to adjust to not cutting up to the water. City Council will be asked to approve the concept plan for stomr water management so that it can be forwarded on to the appropriate regulatory organizations. Pedestrian Facility Improvement Plan City Engineer Brotzler presented a sidewalk/trail plan to connect existing paths by construction of additional sidewalkltrails. The costs were estimated at S100,000 per year for six years. Staff is looking for direction on phasing and budgeting to complete these improvements. Areas could be prioritized so the segments that are critical to the completion of the plan. Also maintenance of these trails will have to be considered. Concrete is more expensive and has joints which can he irritating to bikers or rollerbladers, so bituminous trails are recommended. City Administrator 1 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JUNE 12, 2002 Burt noted that the 2003 budget doesn't allow for immediate initiating of this, but perhaps there would be ways to provide for the improvements. Easement and right -of -way need to be considered. So the best way is to include paths in new development as it happens. Walking routes, near schools and parks could be considered first and move out from those. Sidewalks are five feet wide and paths are eight feet wide, which is determined by if it is a residential, or a collector street. This can be considered again when budgets are discussed. Implement 2002 Budget City Administrator Burt noted that a hold had been put on spending and hiring until the state indicated how funding would continue. Burt said the city is growing and the hiring is necessary for continued service. The Police Department has grant programs that will supplement salary of a police officer. A part-time Police receptionist is needed now, and staff will recommend that going to full -time next year due to the increase in population. A building inspector is also needed for the larger projects that are being built in Rosemount. And, a maintenance worker is also recommended. Capital purchases for equipment was also discussed. Deer Management Police Chief Kalstabakken presented several ways to manage the deer population. Correct deer counts are hard to establish and Klastabakken recommended doing an aerial count in winter for the most accurate. There have been about 35 reported deer /car accidents. There were probably many more than that that were not reported. Archery hunting is one of the safest ways to have a controlled hunt. However, it will not reduce the population quickly, but will maintain the population were its at. Controlled hunts to reduce the deer population are usually done with rifles in winter and on large parcels such as Flint Hills or the University of !Minnesota. The DNR would help with the planning of a controlled hunt. In rural urban areas the deer have no predators so their population increases rapidly. Burnsville gave the example that if there were a deer population of 60 in an area in January, then there would be about 90 deer by fall. Some discussion was held regarding limiting the size of huntable parcels to perhaps ten acres. Also an education process for the public to not feed the deer was discussed. It was determined that additional budget money would be required to obtain a deer count which will be discussed soon at a special budget meeting. Hauler Ordinance Staff recommends some additional regulations to improve on the amount of trash left behind by a hauler and placing commercial dumpsters back in their enclosures. Also when a home is remodeling portions. a dumpster would not be allowed in the street since it is a safety issue. A dumpster would be allowed in the driveway for a temporary time to remodel. First reading would be July 2, 2002, at the regular City Council meeting. CIP Letter to Dakota County City Administrator Burt presented a letter including projects up coming for Rosemount, which will include a library. Consensus was to direct staff to send the letter onto the county to update them for their budget process. There being no further business, the meeting was adjourned at 9:45 p.m. 1 1 The City Council's Agenda Packet is Clerk's File 2002 -21. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JUNE 12, 2002 Respectfully submitted, City Clerk Linda Jentink Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 18, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145 Street West. in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski. and Riley present. Also in attendance were City Administrator Burt, City Attorney LeFevere. Community Development Director Parsons, City Planner Pearson, Parks and Recreation Director Schultz, City Engineer Brotzler, Police Chief Kalstabakken, and Consulting Engineer Hutton. The meeting was opened with the Pledge of Allegiance. Agenda Changes City Administrator Burt presented changes to the Consent agenda. Item 6c. May 15, 2002 Committee of the Whole Minutes from the Consent Agenda was pulled. These minutes had already been approved at the June 4, 2002 City Council meeting. Typos were corrected on Consent Item 6j. Trunk Highway 3 Cooperative Agreement in both the executive summary and the attached resolution. Also, a resolution accepting the lowest bid was added to Consent Item 6k. Receive Bids/ Award Contract for City Project #330. Bids had been received and tabulated since packets were prepared. Consent Agenda MOTION by Cisewski to approve the Consent Agenda with the agenda changes as presented. Second by Riley. Ayes: Busho, Riley, Klassen, Cisewski. Nays: None. Motion carried. a. Minutes of June 4, 2002 Regular City Council Meeting b. Minutes of June 4, 2002 Special Meeting 1 1t d. Bills Listing e. Donation Account Expenditure: Police, Fire, Administration f. Receive Letter of Appeal of Decision of Board of Appeals and Adjustments and Set Public Hearing g. Ordinance Pledging City's Full Faith and Credit to Port Authority General Obligation Port Authority Bonds, 2002C h. Authorization to Hire a Police Officer i. Completion of Probationary Period by Firefighters j. Trunk Highway #3 Cooperative Agreement Request (145th Street to CSAH 42) k. Receive Bids /Award Contract Connemara Trail, Phase 1 Street Utility improvements, City Project #330 I. Approve No Parking" Resolution Connemara Trail Phase 1 Street Utility Improvements, City Project #330 m. Assignment of Subdivision Agreement Evermoor Glendalough n. Approve Change Order 1 /Receive Bids /Award Contract for Evermoor Glendalough Street Utility Improvements, City Project 347 o. Comprehensive Stormwater Management Plan p. Change Order for City Hall Project q. Mississippi River Relief Big River Clean Up ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2002 Public Hearing: Chippendale Ave. and CSAH 42 Reconstruction, City Project #344 Mayor Busho reviewed the public hearing process for the audience. The recording secretary affirmed that all three of the public hearings were properly noticed and published and the affidavits were on file. Consultant Engineer Dave Hutton from WSB Engineering gave an overview of the project. The project involves putting a median and turn lanes at the Chippendale Avenue and County Road 42 intersection. Hutton also discussed costs and funding of the project. The project will be funded through special assessments and Hutton presented Council with three options for assessing the project. Hutton added that the purpose of this public hearing was to order the project, with discussion regarding assessments to occur at a future date. Mayor Busho opened the Public Hearing for public comment. First to speak was Evan Rice, an attorney from Faegre and Benson at 90 S. 7 Street in Minneapolis appearing on behalf of the Holiday Stationstore at 15066 Chippendale Avenue. Mr. Rice was there to discuss Holiday's objection to limiting access to and from Holiday. Mr. Rice presented a document from 1985 discussing access to the site. Mr. Rice urged Council to not approve the project without preserving unrestricted access when the median is constructed. Next to appear was Ron Carlson, 10576 Alison Way in Inver Grove Heights, owners of Chippendale Center. Mr. Carlson stated he was a signator of the 1985 document presented by Evan Rice. He stated that the he did not believe that traffic counts currently warranted the placement of a full median. He also stated that the assessments would be a big burden. Joe McNamara. Chairman of the Board, Rosemount National Bank, 15055 Chippendale Avenue South in Rosemount stated he had prepared a letter on June 12, 2002 in which he indicated the bank's objection to the cost of the assessments of the project. He also stated his opposition to the median and asked that council consider a less sever alternative. He also expressed concern about disruption to the business while construction was underway. Scott Harris, 14840 Crandall Avenue in Rosemount was next to speak. He agreed that the inconvenience of access would lead him to take his business elsewhere. He also believed that a median would not improve public safety. Justin Woods, 14801 Covington Avenue in Rosemount stated he agreed with Mr. Harris. MOTION by Busho to close the Public Hearing. Second by Klassen. Ayes: Riley, Klassen, Cisewski, Busho. Nays: None. Motion carried. Following additional discussion with staff and hearing participants, MOTION by Klassen to adopt A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PLANS AND SPECIFICATIONS FOR THE 2002 CHIPPENDALE AVENUE AND CSAH 42 RECONSTRUCTION, CITY PROJECT #344 TAKING INTO ACCOUNT THE MEDIAN CUT AND DIRECTING LEGAL COUNSEL TO CONTINUE NEGOTIATING WITH PROPERTY OWNERS. Second by Busho. Ayes: Klassen, Cisewski. Busho, Riley. Nays: None. Motion carried. Note: The resolution for the item will also be amended. 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2002 Public Hearing: Kennel License Application for Gregg Bakker, 3418 131" Street West Mayor Busho reviewed the public hearing process for the audience and noted that a letter from Brian DeAnn Green, 13341 Cranford Circle in Rosemount had been received by staff regarding the kennel application. Chief of Police Kalstabakken presented the item to Council summarizing the information on the executive summary. Chief Kalstabakken indicated that Mr. Bakker previously had a kennel license but it has since lapsed. He also indicated that police calls regarding the dogs' barking were generated on seven different dates. Mr. Bakker had since purchased harking control collars and muzzle to control the noise. However, there has since been an additional call on Sunday, June 16, 2002. Kennel inspections indicated that the kennel is well maintained and the dogs well cared for. Applicant Gregg Bakker presented information regarding his dogs. He presented the recording secretary with a map and signed letters from neighbors near to Mr. Bakker's property. Mayor Busho opened the public hearing. Christine Coe, 13263 Creggs Circle in Rosemount was first to speak. She presented a petition signed by 22 of her neighbors asking Council to deny the Kennel License. She stated that the applicant is not around in the evening when the barking is occurring. Cathy Regers, 13095 Charleston Way in Rosemount was next to speak. She stated that she doesn't hear the dogs at night and that she would like Mr. Bakker to receive a kennel license. Verlyn Magnuson, 3472 131'' Street in Rosemount was next to speak. He is Mr. Bakker's neighbor and was concerned about the distance away that people have the right to complain. He deals with Mr. Bakker directly when problems arise and was one of the neighbors to sign off on the sheets Janice Olsen, 3360 131 Street in Rosemount is another neighbor who stated that she hasn't been overly disrupted by the dogs even though she works from her home. Susan Kline, 13087 Charleston Way in Rosemount in favor of allowing Mr. Bakker to get his Kennel License. She stated that the Evennoor development and the wildlife are very disruptive to her and she understands why the dogs bark. Gene Bremmer, 14449 Guthrie Way in Apple Valley hunts with Mr. Bakker, saying his dogs are a benefit to the City. Justin Bakker, the applicant's son, addressed the issue of rabies shots. He stated that they administer the shots themselves, therefore the certification was lacking. The dogs have since been vaccinated at the Farmington Vet Clinic to receive the necessary certification. MOTION by Busho to close the Public Hearing. Second by Cisewski. Ayes: Riley, Klassen, Cisewski, Busho. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2002 Following additional discussion with staff and hearing participants, MOTION by Cisewski TO TABLE THE KENNEL LICENSE APPLICATION FOR GREGG BAKKER, 3418 —131 STREET WEST FOR FURTHER INFORMATION. Second by Klassen. Ayes: Klassen, Cisewski. Busho, Riley. Nays: None. Motion carried. Public Hearing: Kennel License Application for Lamario Charles, 14804 Crandall Avenue Mayor Busho reviewed the public hearing process for the audience. Chief of Police Kalstabakken presented the item to Council and recommended denial of the application. Mayor Busho opened the public hearing. Justin Woods, 14801 Covington Avenue in Rosemount stated he was a neighbor of Mr. Charles' and that the dogs frighten him. He stated that the applicant currently has four pit bulls. Mr. Woods has had experience with the dogs getting loose and is concerned for the safety of his family and his family pet. Scott Harris, 14840 Crandall Avenue in Rosemount was next to speak. He is also a neighbor of the applicant. He has similar concerns for the safety of his family and his pet. Les Awning, 14805 Crandall Avenue in Rosemount posed questions to Council and staff regarding the kennel application process including the number of dogs allowed, whether the breed must be specified, and who monitors noise and sanitation issues. He also repeated his concern for granting a kennel license to the applicant. MOTION by Busho to close the Public Hearing. Second by Klassen. Ayes: Riley, Klassen, Cisewski, Busho. Nays: None. Motion carried. Following additional discussion with staff and hearing participants, MOTION by Klassen to DENY THE KENNEL LICENSE FOR LAMARIO CHARLES, 14804 CRANDALL AVENUE. Second by Riley. Ayes: Klassen, Cisewski, Busho. Riley. Nays: None. Motion carried. Accept Bids and Award Sale G. O. Improvement Bonds, Series 2002A Accept Bids and Award Sale G. O. Water and Storm Water Revenue Bonds, Series 2002B Alan Erickson from Springsteds reported that bids were received for two bond issues for the City. The first bond issue was for 3,395,000 General Obligation Improvement Bonds Series 2002A to pay for improvements to South Rose Park, Connemara Phase 1, Biscayne Avenue and 140 Street East. The second bond issue was for $1,195,000 General Obligation Water and Stone Water Revenue Bonds, Series 2002B to pay for improvements to Brockway Draw project and Well #12. For Series 2002A five bids were received, with the low bidder being US Bankcorp Piper Jaffrey at a rate of 3.22 Four bids were taken for the 2002B series; the low bidder was UBS Paine Webber at a rate 4.24 Mr. Erickson also reported that Rosemount's credit rating had been upgraded by Moody's to Al on Friday, June 14, 2002. 4 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 2002 MOTION by Klassen to ACCEPT THE OFFER FROM US BANCORP PIPER JAFFREY AT A RATE OF 3.22% ON THE SALE OF $3,395,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. (See note below.) MOTION by Klassen to ACCEPT THE OFFER FROM ON THE SALE OF $1,195,000 GENERAL OBLIGATION WATER AND STORM WATER REVENEUE BONDS, SERIES 2002B, AND PROVIDING FOR THEIR ISSUANCE WITH THE SALE GOING TO UBS PAINEWEBBER INC. AT A RATE 4.24 Second by Busho. Ayes: Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Note: There is no tax levy associated with the Note: There is no tax levy associated with the issuance of these bonds, according to state law the City must impose a levy but because payment is collected from special assessments they are imrnediately cancelled. Therefore, in the final resolution the motion will read: ACCEPT THE OFFER FROM US BANC'ORP PIPER JAFFREY AT A RATE OF 3.22% ON THE SALE OF 53.395,000 GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES' 2002A, AND PROVIDE FOR THEIR ISSUANCE. Rosewood Village Preliminary Plat; Progress Land Company City Planner Pearson reviewed the preliminary plat for the fonner "Eastbridge" development site known as "Rosewood Village." Last fall, concept approval was granted for mixed residential uses including single family and townhouse development. The resolution would approve the preliminary plat for Rosewood Village subject to a series of 16 recommended conditions of approval. Warren Israelson, President of' Progress Land Company, asked several questions for clarifications. Discussion lead to recommendations by staff for a sidewalk on both sides on sonic streets and eliminate variances by increasing lot depth by removing lot 22. Attorney Rick Hocking, 7570 West 147th Street Apple Valley, has contacted the railroad concerning the rail Y or spur. The railroad has agreed with the set -backs for the fence around the Y for safety. An association will be established to maintain the fence and private streets. Home values will range from $250,000 to $350,000 for single family homes and townhomes may range from $165,000 to $195,000. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR ROSEWOOD VILLAGE noting we are adding a legal description, a change to item. 6. and correction of a typo in item 15. Second by Busho. Council Member Riley stated she still believed that the original zoning of Commercial for this land would be the best zoning. However, you have been cooperative with staff by meeting all the conditions. With that, welcome to the community. 1 Council Member Klassen is concemed about the land use of the outlots and stated that the nearness of a railroad was not a detriment to the housing value. Poll of motion: Ayes: Busho, Riley, Cisewski. Nays: Klassen Motion carried. Further Details to Consent Agenda Items 6.k. and 6.n. City Attorney LeFevere requested a statement be added to the motions for awarding of bids as follows: "Award of the bid is contingent on the determination by the City Administrator that all necessary rights of entry or easements by deed or dedication have been secured for construction of the improvements." City Administrator Burt further requested that this statement be made in regard to all future construction improvement projects. City Administrator noted that the final plats can be held up at the county offices. Announcements Mayor Busho reviewed the regular city meetings. The City Hall will be closed July 4th for observance of hrdependence Day. The meeting was adjourned at 10:51 p.m. The City Council Agenda Packet is Clerk's File 2002 -22. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18. 2002 Respectfitlly submitted, HR/ Communications Coordinator, Paula Graff Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. July 2, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145 Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards present. Also in attendance were City Administrator Burt, City Attorney LeFevere, City Planner Pearson, Community Development Director Parsons, Parks and Recreation Director Schultz, and City Engineer Brotzler. The meeting was opened with the Pledge of Allegiance. Agenda Changes City Administrator Burt presented changes for the following items: Item 6.a. Minutes ofJune 18, 2002 had revisions to page 5; a completed draft of Item 6.b. Minutes of June 12, 2002 Committee of the Whole; Item 6.f. Joint Powers Agreement with Dakota County for Wetland Health Evaluation project had a condition added per the City Attorney; Item 6.g. Receive Bids/Award Contract for Brockway Draw Sanitary Sewer interceptor Trunk Storm Sewer, City Project 343B submitted the lowest bid form S.J. Louis Construction, Inc. at S658,268.40; Item 6.1. Temporary Liquor Licenses for Leprechaun Days had some conditions placed on them; Item 7. Cable Franchise for FTTH had an additional letter from Charter Communications and I.S.D. 196. There were also three items added to the agenda: 1) for Consent Agenda, Receive Donation for Leprechaun Days, 2) for Consent Agenda, Award Bid for Bandshell Brickwork and 3) add an Executive Closed Session for Pending Litigation on the Wachter /Pahl Assessment Appeal. The agenda was changed to accommodate the items listed. Response to Public Comment City Engineer Andy Brotzler reviewed the request of residents to add a stop sign on Crystal Path and Cardinal Street. A petition was presented to Council on May 21, 2002 signed by 34 neighbors. A spokesman for the neighborhood noted concerns for traffic and child safety. Staff proceeded to follow the Traffic Control Device Standards contained in the Minnesota Manual on Uniform Traffic Control Devices. The criteria takes into account the design, location, installation and maintenance of traffic signs. The warrants outlined therein did not recommend installation of a stop sign. Mayor Busho noted that no action would be taken on this request, but she asked staff to monitor this area. .A letter will be sent to the neighborhood regarding this decision. Consent Agenda Mayor Busho noted she would be abstaining from voting on Consent Agenda Item 6.L. Temporary Liquor Licenses for Leprechaun Days. MOTION by Edwards to approve the Consent Agenda with the additional information as presented and adding Items 6.o. Receive Donation for Leprechaun Days and Item 6. p. Award Bid for Bandshell Brickwork. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Noted: Busho abstained from Item 6.1. a. Minutes ofJune 18, 2002 Regular City Council Meeting b. Minutes ofJune 12, 2002 Committee of the Whole c. Bills Listing d. Expenditure from Donation Account for Parks Recreation e. Budget Amendments 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 2002 f. Joint Powers Agreement with Dakota County for Wetland Health Evaluation Projects g. Receive Bids /Award Contract for Brockway Draw Sanitary Sewer Interceptor Trunk Stone Sewer, City Project #343B h. Change Order #1, Wensmanr Pond Bank Stabilization, City Project #334 i. Pay Request for City Hall Project j. Hiring of Personnel/Planning Secretary k. Resignation of Employee 1. Temporary Liquor Licenses for Leprechaun Days m. Leprechaun Days Service Agreement Authorization for Street Closings n. Thomas W. Fahey Agricultural Lot Split, 5369 160th Street East o. Receive Donation for Leprechaun Days p. Award Bid for Bandshell Brickwork Cable Franchise for FTTH (Fiber to the Home) City Administrator Burt reported that FTTH has applied for a cable franchise with the City of Rosemount. A public hearing was held January 15, 2002 and continued to February 19, 2002 at which there was no resident comment given. Attorney Bob Vose of Kennedy and Graven, Chartered, recommended approval of the cable franchise for FTTH. The Minnesota Public Utility Commission has reviewed and approved the financial and technical qualifications of FTTH. Their system for fiber optics to the home is unique, it is only the second company in the State of Minnesota to offer the service. Exhibit B shows the Service Area Map for phasing build -outs. Service Area 01 is approximately from McAndrews Road to 145th Street West and the west boundary of Diamond Path to the east boundary of Hwy 3 which should be completed by 2005 and Area #2 is the area outside Area 41 east to Bacardi Avenue West to 135th Street near Akron Avenue and CR 42 and then south along Biscayne Avenue to 160th Street which would be complete in 2008. Charter Communications argued in a letter that the proposed ordinance violates Minnesota Level Playing Field Law and that FTTH did not demonstrate that proper financial or technical qualifications were available. Attorney Vose did not agree with their summary. Discussion followed. Motion by Edwards to approve an Ordinance granting a franchise to FTTH Communications L.L.C. to construct, operate and maintain a cable system. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Large Public Gathering on City Parkland Ordinance First Reading Parks and Recreation Director Schultz reviewed the City Code and determined some changes, which would benefit the applicant and the city process. Many scheduled events regularly attract over 500 people at one time including youth and adult athletic tournaments, concerts and other events. Our parks and fields can handle this number comfortably. Larger groups with 1200 people or more attending would call for additional staff and possibly policing. Park renters are required to provide detailed information about their proposed use. The recommended changes were reviewed by the Parks and Recreation Commission and approved. This being the first reading, no action was taken. The second reading should be at the next regular meeting. 1 1 The City Council Agenda Packet is Clerk's File 2002 -23. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 2002 Announcements Mayor Busho announced that the Farmers Market had started and will regularly nin on Tuesdays, 2:00 p.m. to 6:00 p.m. through August. Sunday Music in the Parks has begun at the band shell in Central Park. The programs begin at 7:00 p.m. tlu ough August 8th. Mayor Busho reviewed the regular city meetings for July. Leprechaun Days will be held from July l9th to July 28th with many varied events. The water sprinkling policy is now in force. It is an Odd -Even Sprinkling Cycle which means if your home address ends in an odd number you can only water your lawn on odd numbered dates and if your home address ends in an even number you can water on even numbered dates. The meeting was adjourned at 7:52 p.m. and City Council moved to an Executive Closed Session to discuss pending litigation on the Don and Carol Wachter/Pahl Assessment Appeal. Respectfully submitted, City Clerk Linda Jentmk Recording Secretary ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JULY 10, 2002 Note: This minute approval resulted in a tie vote, unresolved. A quorum was not present. See August 6, 2002 City Council review of these minutes. Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on July 10, 2002, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho called the meeting to order with Council Member Riley and Planning Commissioner Weisensel present. Also in attendance were City Administrator Burt, Finance Director May, City Engineer Brotzler, Engineer Ron Bray and Chuck Rickart, WSB Engineering, City Planner Pearson, Fire Chief Scott Aker, and Parks Recreation Director Schultz. Transportation Study Joint Meeting Dakota County just completed their new traffic model and now Rosemount staff can benefit from its use in this transportation study. Apple Valley and Inver Grove Heights have given information as to the border streets and connections. The City of Farmington is also starting a transportation study. Minnesota Department of Transportation is doing a river crossing study, which will be discussed in 2003. Ron Bray from WSB Engineering said that the challenging thing about the next 20 years will be finding funding for improvements. The State Legislature is looking at capital funding for cities. The plan will show phasing for 2005, 2010, and 2020. This will help reserve utility easements necessary from future developments. A traffic analysis will be possible for proposed development with computer models. This will help anticipate needs and find out what impact there could be on community traffic. City Planner Pearson noted this plan will be useful for the Comprehensive Plan updates. City Administrator Burt also noted this can help justify fees for development. WSB Engineering will compile this transportation plan, staff will review, and city council would have to approve it before it can be adopted for use. This would likely be late this year. Alternatives for Brazil Avenue The Connemara Trail extension will cause Brazil Avenue to cul -de -sac at the Rosemount Woods Mobil Horne Park. Because of the high volume of traffic to Erickson Park for tournaments Mayor Busho requested that staff look for another alternate for access to Highway 3. Staff looked at putting a street through Erickson Park and the Sunrise Lumber lot to Highway 3. The cost would exceed $200.000 and affect the development of the Sunrise lot. Staff will continue to look at options. Parks and Recreation Director Schultz noted that the Sunrise property is very low and that balls from the park fields often go over the fence and may interfere with traffic. Schultz also stated that we don't know if this park will remain our major athletic complex, so would we want to put a large amount of money into it? Right now adult leagues use the complex the most. City Administrator Burt also noted that there is a berni on the north edge of the park with large trees that would be difficult to replace. Fire and police safety was discussed. Staff will continue to look for a feasible solution. Kennels City Planner Pearson recommended removing the 20 -acre kennel allowance in the zoning ordinance and changing the definitions for residential kennel and commercial kennel in the City Code. It is recommended that the maximum number of animals, dogs or cats, would be five over the age of six months. The commercial kennel would include selling, boarding, breeding, showing, treating or grooming animals and would be required to have property with commercial 1 zoning. The residential kennel is defined as keeping animals as being incidental to the occupancy of the premises for residential purposes and would be in residentially zoned districts. City Administrator Burt reported that the family with the four pit bulls who were denied a kennel license by City Council had an Administrative Hearing officer from the State of Minnesota decided they could have the dogs back when they have proper shelter. The dogs cost $38 per day for boarding and have not been picked up by the family. Proposed 2003 Budget City Administrator Burt reviewed several positions expected including part-time change over. A police officer, full -time police receptionist and adding a Sergeant position are expected in the Police Department. The other positions are: assistant planner. building maintenance worker, and parks supervisor. Growth in population, in part, generates the need for additional personnel. This is what our needs are now. If the state allocation is further reduced, items that would be first to go are: planning consultant. broadcast of Port Authority meeting, cable television programming, planning intern, digital recorders, sidewalk improvements, parks supervisor and from Capital Improvements Programs: personal computers, printers, motor pool vehicle, roller replacement, skidster replacement. and 2 pickup trucks. The tax rate for Rosemount is going up less than one percent. We had 16% growth in our tax capacity. The growth in Rosemount has spread the individual tax increase of the city's share to a $9 increase per household. There being no further business, the meeting was adjourned. Respectfully submitted, City Clerk Linda Jentink Recording Secretary The City Council's Agenda Packet is Clerk's File 2002 -24. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JULY 10, 2002 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 16, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday. July 16, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145 Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards present. Also in attendance were City Administrator Burt, City Attorney Vose, City Planner Pearson, Parks and Recreation Director Schultz, and Code Enforcement Official O'Brien. The meeting was opened with the Pledge of Allegiance. Agenda Changes City Administrator Burt presented additional information for the items: 6.f. Receive Bids/Award Contract for Trunk Hwy 3 Enhancement Improvements, City Project 318 and 6.in. Rosemount Village Center Final Plat and Subdivision Agreement. Also, four items were added to the Consent Agenda: 6.11. Receive Donation for Leprechaun Days Committee, 6.o. Expenditure from Donation Account, Item 6.p. Accept Planning Commissioner Resignation, and 6.q. Accept Summary for Publication of Cable Franchise Ordinance X1.23. Police Officer Oath of Office Police Chief Kalstabakken introduced Officer Emao Morgan who received his 4 -year degree at Louisiana Technical University in Ruston, Louisiana and then graduated from the Minnesota Police Corps program. Mayor Busho administered the Oath of Office for a Police Officer and welcomed Officer Morgan to the Rosemount community. Consent Agenda IIIOTION by Edwards to approve the Consent Agenda with additional information for items: 6.f. Receive Bids /.Award Contract for Trunk Hwy 3 Enhancement improvements, City Project 318 and 6.m. Rosemount Village Center Final Plat and Subdivision Agreement. Also, four items were added to the Consent Agenda: 6.n. Receive Donation for Leprechaun Days Committee, 6.o. Expenditure from Donation Account, Item (i.p. Accept Planning Conmtissioner Resignation, and 6.q. Accept Summary for Publication of Cable Franchise Ordinance XI.23. Second by Cisewski. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. a. Minutes of July 2, 2002 Regular City Council Meeting b. Bills Listing c. Receive Donation for Police and Fire Departments d. Expenditure from Donation Account —Parks Recreation, Fire and Administration Departments e. Change Order #1 Evemuoor Drumcliffe Addition Street Utility Improvements, City Project #348 f. Receive Bids /Award Contract Trunk Highway 3 Enhancement Improvements, City Project #318 g. Authorize Plans Spec's- Evermoor Clare Downs, City Project #358 h. Authorize Plans Spec's- Evemtoor Crosscroft, City Project #359 i. Large Public Gathering on City Parkland Ordinance Revision j. Pine Bend Trail Overlook Proposals for Design k. Evemaoor Clare Downs Final Plat and Subdivision Agreement 1. Evermoor Crosscroft Final Plat and Subdivision Agreement m. Rosemount Village Center Final Plat and Subdivision Agreement 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 16, 2002 n. Add -on Receive Donation for Leprechaun Days Committee o. Add -on Expenditure from Donation Account for Web Page p. Add -on Accept Planning Commissioner Resignation —Jana Carr q. Add -on Accept Summary for Publication of Cable Franchise Ordinance XI.23 for FTTH PUBLIC HEARING: Appeal of the Board of Appeals and Adjustments Michelle Bruce Schlie, 14054 Belmont Court, Denial of Fence Variance City Planner Pearson reviewed the request for a fence variance on a corner lot for Michelle Bruce Schlie, 14054 Belmont Court. The Planning Commission denied the variance because the applicant was unable to establish a hardship. The original request was for a 48" lrigh fence and only a 42" high fence was allowed. At this meeting the applicants changed their request to a 60" high fence but moved it hack from the street, so they would only be requesting an additional six feet on the variance past the approved fence line. Michelle and Bruce Schlie, 14054 Belmont Court, presented panoramic photos to Council to show the sight lines to the corner and proposed fence lines. They noted that the higher fence, 60" would be needed to keep their dogs inside the fence and they wished to have the play area as large as possible for their two children. ages 2 and 6 years. They stated that the comer of' Belmont is busy because it is one of only two access into their development. Biscayne Point. City Council consensus was to uphold the decision of the Planning Commission to deny the fence variance applied for by Michelle and Bruce Schlie. MOTION by Edwards to close the public hearing. Second by Riley. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to uphold the decision of the Board of Appeals and Adjustments to deny the fence variance applied for by Michelle and Bruce Schlie, 14054 Belmont Court. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Amendment to Waste Hauler Ordinance Code Enforcement Officer O'Brien noted that the amendments would set out conditions that if violated three times in one -year would allow City Council to review a hauler's license. Council at that time could revoke, suspend, or attach additional conditions to the license. This was the first reading of the ordinance amendment. Announcements Mayor Busho announced that the Leprechaun Days celebration would begin July 19th to July 28th. The Farniers Market will regularly run on Tuesdays, 2:00 p.m. to 6:00 p.m. through August. Mayor Busho reviewed the regular city meetings for July /August. City Council Members were invited to ride in the parade on July 27th on the River City Trolley or an antique car. The meeting was adjourned at 8:05 p.m. 1 1 The City Council Agenda Packet is Clerk's File 2002 -25. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 16, 2002 Respectfully submitted, City Clerk Linda Jentink Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 6, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 6, 2002, at 7:31 p.nt. at the Rosemount City Hall. 2875 145` Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, and Riley present. Council Member Edwards was ill. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, and City Planner Pearson. The meeting was opened with the Pledge of Allegiance. Agenda Changes City Administrator Burt requested that Item 6.y. Vermillion River Stomrwater Management Memorandum of Understanding be pulled because of pending changes. It will he returned for Council consideration in the future. There was no public comment or response to public continent. Consent Agenda Council Member Klassen requested that Items 6.b. and 6. u. be pulled for further discussion. Mayor Busho requested that Item 6.t. be pulled for further discussion MOTION by Klassen to approve the Consent Agenda removing 6.y. Vermillion River Stonnwater Management Memorandum of Understanding and pulling Items. 6.b., 6.u., and 6.t. for discussion this evening. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Riley, Nays: None. Motion carried. a. Minutes of July 16, 2002 Regular City Council Meeting b. Minutes of July 10, 2002 Committee of4he ::'-hele Pulled for discussion c. Bills Listing d. Temporary 3.2% Malt Liquor License e. Appoint Election Judges and A Temporary Polling Location Completion of Probation g. Amendment to Waste Hauler Ordinances Second Reading h. Pay Request for City Hall Project i. Approve Plans Spec's /Authorize Ad for Bid Evermoor Crosscroft, ST. Utility, 359 j. Approve Plans Spec's/Authorize Ad for Bid Evennoor Clare Downs ST. Util., 358 k. Approve Plans Spec's /Authorize Ad for Bid Biscayne Avenue Improvements, 343C I. Authorize Plans Spec's Evennoor Waterford Street Utility Improvements, CP 362 m. Authorize Plans Spec's Evennoor Roundstone Street Utility Improvements, CP 361 n. Authorize Plans Spec's Rosewood Village Street and Utility Improvements, CP 350 o. Approve Change Order #1 South Rose Park Area Improvements, C''ity Project #325 p. Approve Payment #5 and Final Rural SCADA and Standby Generator, City Proj. 302 q. Approve Payment #1 and Final, Shannon Pond Excavation, City Project #331 r. Approve Frontier Communications Proposal TH 3 Enhancement Project, City Proj. 318 s. Approve Agreement and Order Feasibility Report for Our Saviors Lutheran Church, 363. t. e Disc. u. 1 Pulled for discussion ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 6, 2002 v. Evermoor Waterford, Roundstone Bards Crossing Administrative Plat, Connemara Outlots w. Hiring of PR Parks Recreation Receptionist x. Hiring of Police Receptionist y. Removed z. Hiring of Building Inspector i Plan Reviewer 6.b. Minutes of Jul' 10, 2002 Committee of the Whole Council Member Klassen protested this meeting because a quorum was not present. City Attorney LeFevere said you can have minutes without a quorum, but no action of the body could be moved on without a quorum. LeFevere also noted that it would be appropriate to keep a record in compliance with the Open Meeting Law. it is not required that a member abstain from voting on presented minutes when they did not attend the meeting. It is a factual record of the regularly scheduled meeting. Council Member Klassen voiced concern that the Committee of the Whole has become a "pre- vote" on Council agenda items. Klassen sensed that direction had been given to staff even though a quonnn was not present. Mayor Busho noted that staff made prepared presentations at that meeting and they did expect direction from Council. Mayor Busho suggested that this be discussed at the up coning Committee of the Whole as the agenda has already been prepared and that discussion on the purpose and direction of Committee of the Whole meetings be discussed as an item that evening. Cisewski stated she would be abstaining on this motion as she had in the past because she did not attend. Busho and Riley noted the minutes reflect accurately what was discussed at the Committee of the Whole. MOTION by Riley to accept the Committee of the Whole of July 10, 2002 minutes as stated. Second by Busho. Ayes: Busho, Riley. Nays: Klassen. Abstain: Cisewski. City Attorney LeFevere was asked if this motion would be a passed motion or not? LeFevere said it would have to be passed on policy and following Robert Rules. The appropriate thing to do would be for the chair to rule on the motion and then the body could decide. LeFevere noted that approved minutes of a meeting without a quorum are not necessary. Cisewski noted that some problems exist with the Committee of the Whole meetings and she thought that it would be better to discuss this at a regular City Council meeting. Klassen agreed. City Administrator Burt noted that the Committee of the Whole is a regular scheduled meeting that has been beneficial to staff to enable them to prepare for City Council meetings. The 2003 Budget is part of the Committee of the Whole agenda and it is critical that it be completed and moved on to Dakota County by September. Klassen agreed that special meetings should be called to discuss such complex items as the budget. 6. t. Rosewood Village Minor PUD Amendment (Landscaping), Progress Land Company City Planner Pearson reviewed the landscaping plan and the changes resulting from negotiating with the railroad attorneys. The agreement requested a 100 -foot wide easement rather than the proposed 50 -foot easement around the railroad spur. This would require the older growth trees to be removed to install a security fence. Additional evergreens, shade trees, and bushes would replace the older growth. Pearson said this would be effective screening with the twenty -foot spacing of trees in two lines. The fence is a six -foot tall chain link black vinyl clad. Busho noted 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 6, 2002 that the modification to landscaping causes a substantial loss of trees. Pearson said that zigzagging the fence to preserve trees would look arbitrary in the future if trees die out. The developer is providing screening above requirements along the outer edges of the project. Further discussion ensued. The Home Owners Association would handle replacement and maintenance of the tree screening. MOTION by Busho to approve the minor planned unit development amendment for the landscape revisions for Rosewood Village as requested by Progress Land Company subject to the conditions of Resolution 2002 -79, including extending the security fence tluough the proposed Outlot B to the railroad and to require increase in height of 30% of the trees. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Klassen. Nays: None. Motion carried. 6.u. Biscayne Pointe Fourth Addition Preliminary Plat Revision Council Member Klassen had concerns for the additional number of lots and why it had not gone through the Planning Conmtission as a new addition. City Planner Pearson showed that the property was expanded by 17 acres but the density did not increase. The Fourth Addition was approved when the neighboring property was purchased. The street alignment proposed here allows the utilities to have a complete loop, which improves the water flow and traffic. MOTION by Klassen to adopt a resolution approving the revised preliminary plat for Biscayne Pointe Fourth Addition. Second by Riley. Ayes: Busho, Riley, Klassen, Cisewski. Nays: None. Motion carried. Announcements Mayor Busho reviewed the regular meetings for August. Tonight is National Night Out, which had a good participation by neighborhoods in Rosemount. Council Member Riley thanked the residents of Ashbury Glen development for the barheque and wonderful time. The Dakota County fair is held this week. The meeting was adjourned at 8:19 p.m. The City Council Agenda Packet is Clerk's File 2002 -26. Respectfully submitted, City Clerk Linda Jentink Recording Secretary 1 Note: A quorum was not present. The meeting was cancelled. Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on August 14, 2002, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Busho and Council Member Riley were present. Also in attendance were City Administrator Burt, City Planner Pearson, Police Chief Kalstabakken, Community Development Director Parsons, Code Enforcement Official O'Brien, and Parks Recreation Director Schultz. The meeting was cancelled at 6:40 p.m. because there was not a quorum. The City Council's Agenda Packet is Clerk's File 2002 -27. ROSEMOUNT CITY PROCEEDINGS COMNHTTEE OF THE WHOLE .AUGUST 14, 2002 Respectfully submitted, City Clerk Linda Jentink Recording Secretary Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 20, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145 Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski. Riley, and Edwards present. Also in attendance were City Administrator Burt. City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Parks and Recreation Director Schultz, City Engineer Brotzler, and Police Chief Kalstabakken. The meeting was opened with the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20, 2002 Agenda Changes City Administrator Burt submitted additional information on Item 6. k. Receive Bids for Bloomfield Park Construction from the hid opening held August 16, 2002. The bids were over projected budget costs and staff recommended receiving and rejecting all bids. Council Member Riley requested that an item be added to new business regarding Work Session Discussion. Mayor Busho placed it as Item 8.d. Consent Agenda MOTION by Cisewski to approve the Consent Agenda with the change to Item 6.k. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. a. Minutes of August 6, 2002 Regular City Council Meeting b. Bills Listing c. Receive Donation from CF Industries for Parks and Recreation d. Temporary Liquor License .American Legion Booya e. Declare Cost /Set Public Hearing East Side Watennain Improvements, City Project #320 f. Declare Cost /Set Public Hearing 2001 Street Utility Reconstruction Improvements, City Proj.326 g. Payment #2 Final Wensmann Pond Bank Stabilization, City Project #334 h. Payment 8 Final 2001 Street Utility Reconstruction, City Project #326 i. Payment #7 Final East Side Water Tower. City Project #302 j. Payment 1 Final Hawkins Pond Bank Stabilization, City Project #328 k. Receive Bids for Bloomfield Park Construction and Award Contract Receive Reject all bids. 1. Hiring of Public Works Mechanic m. Pay Request for City Hall Project Evermoor Roundstone Preliminary Plat and Rezoning, D. R. Horton City Planner Pearson presented the application from D. R. Horton to build 119 townhomes in Evenuoor. The developer was willing to cormect the dead end streets on the southeast border to comply with the requirements for emergency vehicles. Council requested the condition include the statement, "as approved by Fire Marshall." The conservation easement was requested to be 50 feet wide, however the grading plan shifts the line in places between 45 feet and 70 feet. So the developer asked if that conservation easement could he an average of 50 feet rather than exactly 50 feet. Parks and Recreation Director Schultz noted that the Parks and Recreation 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20. 2002 Committee recommended the conservation easement to insure a buffer area between the park and the townhomes. Schultz commented that the commissioners wanted to save the tree line and it would be reasonable to hold to an average of 50 feet. Council was agreeable to that. The articulation of the row townhomes was detailed with brick on the fireplace box, decks, and the four -foot extension every four units. Council still would like more articulation by way of bay windows, shutters, dormers, or changes to the roof line. Council suggested a resolution condition, "Additional articulation enhancements to the back of the townhomes facing Connemara Trail." Mr. Don Patten, D. R. Horton developer, noted that there will be a four to five foot landscaped berm next to Connemara Trail so that the sight -line would not show the entire building and this would add variation. Mr. Patten noted that they also do not want to remove more trees than necessary because they add value to the lots. The sale price of the townhomes will be between $170,000 and S190,000. Council indicated they would like to review the townhome design before approval. MOTION by Edwards to table the Evermoor Roundstone Preliminary Plat and Rezoning from D. R. Horton for further review of the design. Second by Klassen. Ayes: Edwards, Klassen, Riley. Nays: Cisewski, Busho. Motion carried. City Administrator Burt noted city staff would contact D. R. Horton for an extension of their 60- day response to their original concept request. Evermoor Waterford Preliminary Plat and Rezoning. Wensmann Homes City Planner Pearson gave an overview. MOTION by Edwards to adopt a resolution approving the Preliminary Plat for Wensmann's Evermoor Waterford with the additions discussed. Second by Riley. Discussion ensued. Mayor Busho requested clarification of the conditions discussed. Edwards noted one would be a landscape plan for the trees in the gray area marked on the plat and the other is placement of a silt fence prior to construction around the trees not to be removed. This was requested to be added to the motion. City Planner Pearson suggested the developer would create gray shaded area landscape contingency plan for areas of the previously identified tree preservation area that would be impacted by custom grading. Both the motion maker and second agreed to the motion amendment. Amended motion: MOTION by Edwards to adopt a resolution approving the Preliminary Plat for Wensmarm's Evemtoor Waterford with two conditions: 1) create a landscape contingency plan for the gray area on the plat and 2) placement of a silt fence prior to construction around the trees not to be removed. Second by Riley. Ayes: Klassen, Cisewski. Busho, Riley, Edwards. Nays None. Motion carried. MOTION by Edwards to adopt an ordinance rezoning the property from Agriculture to R -2, Moderate Density Residential for Wensmarm's Evemwor Waterford. Second by Riley. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Council Member Klassen was critical of the increase in density. A. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20, 2002 Wensmann Evermoor Bards Crossing Final Development Plan and Rezoning City Planner Pearson presented the new building design showing elevation and the steeper roof line. The grading is shown for the under ground parking and the pipeline easement. The landscaping was enhanced on Coimemara Trail. The tree preservation line would be 40 feet from the border. It is proposed to have 120 units, twenty more than the original request. Council asked for a statement from the City Attorney to restrict this development to senior citizens. Attorney LeFevere suggested, "subject to requimient declaration of covenants for seniors satisfactory to the city attorney." Council Member Riley was pleased with the development. Riley liked the connecting trails, the conservation of the tree line, the increased landscaping, and the overall design. Mayor Busho noted the increase of twenty units and asked if additional park dedication fees would be obtained for them? Parks and Recreation Director Schultz said that the Parks and Recreation Commission indicated they would also expect additional park dedication fees. City Planner Pearson said he would have this included in the conditions and the dedication of Outlot MOTION by Busho to approve the Final Development Plan for Wensmann's Evennoor Bards Crossing by resolution subject to six conditions discussed tonight at the Council meeting. Second by Cisewski. Ayes: Busho, Riley, Edwards, Cisewski. Nays: Klassen. Motion carried. MOTION by Busho adopt an ordinance to rezone Wensmann's Evermoor Bards Crossing from AG Agriculture to R -4 High Density Residential. Second by Riley. Ayes: riley, Edwards, Cisewski, Busho. Nays: None. Present: Klassen. Work Session Discussion Council Member Riley said she was personally offended that council members not in attendance at work sessions did not notify staff before the meeting was called so consideration of canceling the meeting could be made. Riley said all council members should attend in order for them to be effective. Edwards commented that this meeting is not required, but beneficial if a member needs more information. Mayor Busho asked for direction from Council if they wished to continue having work sessions? Busho stated that work sessions were started in 1996 and in fact, many on this Council have pulled items from the City Council agenda and placed them on work session agendas. Council Member Klassen wanted the work sessions discontinued because too many issues are brought to Council on this "pre- vote" basis. Mayor Busho took exception to that comment. Council Member Cisewski noted that the meetings have become repetitive and burdensome because they take too long. Cisewski noted she would not attend when repetitive items are on the agenda. Riley noted that most other cities do use this same method of explaining material to city councils and it is a good effective way for businesses as well. Mayor Busho noted that the up coming work session has several items that staff needs direction on, including the 2003 budget. City Administrator Burt said he would try to have new items on work sessions. Edwards motioned to "move the agenda' ending the discussion. 1 Announcements Mayor Busho reviewed the regular meetings for August. There will be a transportation plan informational meeting for residents on August 29, 2002 at the Rosemount Community Center between 5:00 p.m. and 9:00 p.m. The Farmers Market is meeting on Tuesdays through August 27th and has been very successful. Council Member Cisewski announced she will not be seeking re- election in November. Council Member Klassen announced that she will be resigning her seat although effective at the end of the year. Klassen said this was due to family commitment and changing priorities. Council Member Edwards also reported that he would not be seeking re- election. Edwards encouraged others to serve the city which builds strong citizenship. Mayor Busho announced she would be re -filing for the mayor position in November Council Member Riley thanked Planning Commissioner Jana Carr Weerts, who recently resigned, for her time as a commissioner for Rosemount. Executive Closed Session The City Council moved to a closed session on the discussion of Connemara Trail Phase 2 Condemnation discussing legation strategies and issues. The meeting was adjourned at 8:52 p.m. The City Council Agenda Packet is Clerk's File 2002 -28. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20, 2002 Respectfully submitted, City Clerk Linda Jentink Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 3, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 3, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145` Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley, and Edwards present. Also in attendance were City Administrator Burt, City Attorney LeFevere, Finance Director May, Community Development Director Parsons, Parks and Recreation Director Schultz, City Engineer Brotzler, and Police Chief Kalstabakken.. The meeting was opened with the Pledge of Allegiance. Agenda Changes Council Member Klassen requested that an item be added to the agenda to respond to a letter from Ms. Bulera regarding the monkeys she owns in Rosemount. Council Member Klassen also requested an add -on item for discussion on allowing a Special Election. Mayor Busho placed the Bulera letter as Item 7.b. and Special Election as Item 8.b. City Administrator Burt submitted additional information on Item 6. m. Receive Bids /Award Contract for Evennoor Clare Downs Street Utility Improvement and Evennoor Crosscroft Street Utility Improvements, City Project 358 and 359 from the bid opening held on Friday, August 30, 2002. The bid tabulation indicated that the low bidder was Three Rivers Construction, Inc. Council Member Riley requested some minor changes to the minutes of August 20, 2002, Item 6.a. Consent Agenda MOTION by Klassen to approve the Consent Agenda with the suggested changes to Item 6.a. minute corrections and 6.m. bid information. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. a. Minutes of August 20, 2002 Regular City Council Meeting b. Bills Listing c. Receipt of Donation for Police Equipment Fund d. Receipt of Donation for Community Youth Activities e. Rosewood Village Final Plat and Subdivision Agreement, Progress Land Co. Inc. f. Rosewood Estates Final Plat and Subdivision Agreement, Progress Land Co. Inc. g. Minor Planned Unit Development for The Enclave h. Biscayne Point 4th Addition Final Plat and Subdivision Agreement i. Time Change for November 5, 2002 Council Meeting due to General Election (8:00 p.m.) j. Declare Cost /Set Public Hearing Section 31 Sanitary Sewer Improvements. City Proj. 317 k. Declare Cost /Set Public Hearing Carrousel Plaza Street Utility Improvements, C. P. 322 1. Receive Plans Spec's /Authorize Ad for Bid Rosewood Village Street Utility Improvements, City Project #350 m. Receive Bids /Award Contract Evermoor Clare Downs Street Utility Improvement and Evermoor Crosscroft Street Utility Improvements, City Project #358 #359 (Joint Bid) n. Hiring of Public Works Maintenance Worker o. Safe and Sober Communities Grant 1 p. Change Orders for City Hall Project ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 3, 2002 Replacement of Planning Commissioner Vacancy City Administrator Burt requested that Council give direction on the process to be used to replace the recent resignation of Jana Carr -Weerts from the Planning Commission. The last interviews were conducted for two planning commissioner positions and a third person was selected as back up. Riley suggested that the third selection, Toni Schiltz, be contacted to till the remaining term and then if he is not interested, then the nom al process with ads in the local papers, applications, and then interviews could be conducted. MOTION by Cisewski to have staff contact Tom Schiltz immediately; if he is not interested then proceed with advertising and interviews for the Planning Commissioner remaining term. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Letter from Ms. Bulera Council Member Klassen submitted the letter from Ms. Bulera sent to all of City Council for discussion regarding closure for the monkeys at Ms. Bulera's Rosemount residence. Ms. Bulera indicated she was frustrated by the length of time it was taking to amend the City Code animal ordinance. Klassen was not aware of how the animal ordinance has moved forward without Council's input. The Planning Commission is scheduled to review it on September 10th after the City Attorney has reviewed it. Klassen believed it was not a land use issue, however, it was explained that regulations are in the Zoning Code regarding animals, which should also be amended. Some protection or regulatory issues should be transferred over to licensing in the City Code. Klassen asked if there is any way we can "grandfather in" Ms. Bulera's primates? City Attorney LeFevere said the way staff currently interprets the Codes, the primates could not be kept unless they are subject to annual licensing. LeFevere said that the interpretation of "domestic" animal is what does not allow the monkeys. Edwards noted that Nis. Bulera could file to the Board of Appeals if the Planning Commission denies her request. LeFevere said staff is not free to disregard City Ordinances, by Council direction staff has allowed Ms. Bulera to keep her monkeys while research has been carried out on amending the Ordinance. LeFevere also noted that a "grandfather policy" would not apply to keeping monkeys because it is not entitled under a substantial right. Council directed staff to research Ms. Bulera's intent to appeal and have Council consider it at the soonest meeting available. 2003 Preliminary Levy and Budget and Hearing Dates City Administrator Burt asked for City Council's fonnal consideration for the 2003 Levy and Budget. Council first reviewed the proposed budget in July, staff has responded to suggested priorities and the City's estimated tax capacity rate will decrease about 1.5 The overall impact of the County's, School Districts, and Special Taxing Districts' tax capacity rates is still unsure. The State may still push local goverment aid reductions back. Housing values are going up, so some homeowners may see an increase accordingly. Council Member Klassen asked about where the library is in the budget. Burt noted it is in the City Council Contingency fund. Klassen said she would like it identified for the library. City Administrator Burt noted that the proposed budget is on display in City Hall for anyone who would like to review it. Council will continue to discuss budget issues until it is set in early 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 3, 2002 December. The Truth and Taxation Hearings are proposed to be set for December 2, and if it is continued, December 9th, at 6:30 p.m. at City Hall. MOTION by Cisewski to adopt A RESOLUTION SETTING THE PRELIMINARY 2003 GENERAL FUND OPERATING BUDGET, THE PRELIMINARY 2003 C.I.P. BUDGETS, THE PRELIMINARY 2003 INSURANCE BUDGET AND THE PRELIMINARY 2003 LEVY REQUIRED BY THE CITY OF ROSEMOUNT. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. ORDINANCE ALLOWING SPECIAL ELECTION Council Member Klassen had announced at the last meeting she would be retiring her seat at the end of the year, allowing for two years of her term. Klassen said she had hoped to have the council member position on the November ballot, but state statutes were not meet to allow this. Klassen strongly felt that the voters should decide who should have the council seat rather than by City Council appointment. Klassen expressed her desire to see some issues to closure by staying to the end of the year. City Attorney LeFevere gave some background on the State Statutes allowing for a special election if the remaining term is more than two years. The City of Rosemount may change that time elapsed by ordinance to a lesser time. LeFevere noted that special elections typically don't have a high turn out. Also, if the position is not vacated, the incumbent could change their mind about retiring. Even with a written resignation accepted by City Council, the resignation could be withdrawn at any time. City Administrator Burt noted that a special election would cost about S9,000. The City Attomey was asked to research options and retum to City Council for consideration at the next City Council meeting. Announcements Mayor Busho noted that absentee voting is available at City Hall on Saturday. September 7th. 10 a.m. to 3 p.m. Busho reviewed the regular up coming city meetings. There will be a one -year anniversary of September llth at the Veteran's Memorial in Central Park at noon. The United Methodist Church had a small construction related fire at their site. Rosemount hosts the September Chamber of Commerce Luncheon on September 17th. The meeting was adjourned at 8:27 p.m. The City Council Agenda Packet is Clerk's File 2002 -29. 3 Respectfully submitted, City Clerk Li i Jentink Recording Secretary 1 This meeting was cancelled due to the anniversary of the September 11th, 2001 terrorist tragedy in New York when the Twin Towers were destroyed. Respectfully submitted, 6' City Clerk Linda Jentink, Recording Secretary There was no Clerk's File for this meeting. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE SEPTEMBER 11, 2002 The meeting was opened with the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 17, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145 Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Riley, and Edwards present. Council Member Cisewski was absent. Also in attendance were City Administrator Burt, City Attorney LeFevere, Parks and Recreation Director Schultz, City Engineer Brotzler. and City Planner Pearson. Agenda Changes City Administrator Burt presented additional information for the agenda. Item 6.a. Council Minutes of September 3, 2002 had two changes on page 2. Item 6.k. had a change to page 7 of the Subdivision Agreement for Waterford Final Plat. And, an objection letter from Mr. Piekarski was received for the Assessment Hearing for City Project 318, 2001 Street Utility Reconstruction. Council Member Edwards requested that Item 9.b. Special Election Response be held over to when all Council Members are present. Council agreed to move it to the next public meeting. Council Member Klassen requested that Item 6. h. Approve Agreement with St. Joseph's Church be pulled from the Consent Agenda for discussion. Public Comment Hann Willcox, 14674 Danville Avenue West, asked for the resignation of Council Member Klassen since she had announced her intention to resign by the end of the year. Council Member Klassen explained that State law and City Ordinance prevented her position from being on the November ballot. Willcox noted that he would like to be considered for the open position on the Planning Commission. Mayor Busho explained that a selection had been made for the Planning Commission and approval for that is on tonight's Consent Agenda. Consent Agenda MOTION by Klassen to approve the Consent Agenda with the suggested changes to Item 6.a., minutes. and 6.k. for a change on page 7 of the Subdivision Agreement for Waterford Final Plat. Item 6. h. Approve Agreement with St. Joseph's Church was pulled for discussion. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. a. Minutes of September 3, 2002 Regular City Council Meetings b. Bills Listing c. Proclamation for Financial Planning Week d. Proclamation for National School Lunch Week e. Approve Change Order #1, Payment #b Final County Road 42 Improvements (Diamond Path to Shannon Parkway), City Project #327 f. Payment 44 Final Carrousel Plaza Street Utility Improvements, City Project #322 1 pulled for discussion i. Declare Cost for Assessment /Set Public Hearing South Rose Park Area Improvements, City Project #325 j. Declare Cost for Assessment/Set Public Hearing Trunk Highway 3 Street Utility Improvements (CR 42 to 145 Street), City Project #318 k. Evennoor Waterford Final Plat and Subdivision Development Agreement, Wensmann Homes Inc. 1. Lot Split for Flach Property and Heritage Development m. Planning Commission Appointment n. Detour for Trunk Highway 3 Street and Utilities Improvements, City Project 318 o. Receive Letter of Appeal and Set Public Hearing ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 2002 g. Approve Plans and Spec's /Authorize Ad for Bid Evermoor Waterford Street Utility Improvements, City Project #362 Item 6.h. Approve Agreement with St. Joseph's Church Council Member Klassen requested discussion for clarification on the deferred Trunk Highway 3 Phase 2 fees. City Engineer Brotzler explained that this is different than standard procedure in that it is a simple lot split rather than a platted development and due to the size of the project it would be logical to charge separate fees for the two phases. If the project had been platted, the area would have been an outlot that trunk fees would not have been charged for at this time. Improvements will be made to Biscayne Avenue and the proposed construction of Connemara Trail to the site east of Biscayne Avenue. The Church agrees to waive their right to appeal the pending assessments for the project. The agreement also acknowledges the payment of trunk fees for 14.5 acres with the Phase 1 improvements with trunk fees due on the remaining area of the site at the time that Phase 2 improvements are completed. Mayor Busho noted that trunk fees for Phase 2 will be charged at the usual rate at the time of development. MOTION by Busho to enter into an agreement with St. Joseph's Church regarding Special Assessments and Trunk Fees and authorize the necessary signatures. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. PUBLIC HEARING: Assessment Hearing, 2001 Street Utility Reconstruction Improvements, City Project 326 Mayor Busho reviewed the Public Hearing process. The City Clerk noted that the affidavits of notice and publication were on file. City Engineer Brotzler reviewed the improvements made to Dodd Boulevard, Danville Avenue, and Upper 145th Street with watermain, stone sewer, curb and gutter, and street overlay. The average assessment is $2,400. Residents who had driveway access to the improved streets received assessments. Mayor Busho opened the Public Hearing for comments. Joanne Cope, 14717 Danville Avenue, reported that half the sod replaced had died and there were some "sink holes" near the city water lines. Tom Piekarski,14800 Dodd Boulevard, presented a letter of objection for appeal of the assessment. Piekarski stated that his driveway was closed 26 days rather than the 2 days he had 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 2002 been promised. He felt he was not given access as other residents were given. Piekarski stated his driveway is too narrow, about 12 feet wide, which was not as large as it was before. Piekarski also said that he had his property surveyed and his corner post is in the middle of his driveway. Blanc Voigt, 14833 Danville Avenue, was unhappy with the loss of sod. He made extra effort to water it but only had limited success. Voigt was concerned with loss of front yard footage due to a slight realignment of the road. He had planted three trees eighteen feet back from the original curb so they would be out of the easement. Now, the trees are very close to the utility easement line. He feared the loss of his trees in future city improvements. City Engineer Brotzler noted that the easement is for private and public utility lines and not for trails or sidewalk. Robert Olson, 14590 Danville Avenue, noted that his sod never took. Olson called three local sod companies and received prices of $710 to $940 to replace the sod. Olson felt the city should take care of the neighborhood and replace the sod. Robert Custer, 14724 Danville Avenue, thought the grass failed because there was not enough black dirt under it. Custer commended city employee Rich Lonnquist as a public servant. noting that he tried to please everyone and that Rich needed a new truck. Council and staff agreed that Lonnquist is an excellent liaison for the City. Harry Willcox, 14674 Danville Avenue West, agreed Rich Lonnquist did an excellent job. Willcox noted that the proper grading wasn't done back in 1974 or 1975 and that staff did as good as job as possible. Greg Labelle, 14587 Danville Avenue, reported he was also careful about watering and not cutting the grass too short, but he still had most of the sod die and the ground sunk in places. Ross Benz, 14550 Danville Avenue, thanked the city for fixing their water supply and streets. Benz said he could live with this, but would recommend replacing the sod. if they buy good quality sod. Joan Lillo, 14575 Danville Avenue, reported that 45 to 50 feet of sod died by her lot and she had watered it. Lillo said her neighborhood looks awful and it should be finished properly. Lillo wondered if the sod was laid too late in the fall to root. It was the third week in October. MOTION by Busho to close the Public Hearing for City Project 326. Second by Klassen. Ayes: Riley. Edwards, Klassen, Busho. Nays: None. Motion carried. Mayor Busho asked about the sink hole situation. City Engineer Brotzler noted that he can address that as a warranty issue with the contractor. Busho asked about a sod policy. Brotzler noted that it is standard to have the contractor maintain the sod for the first 30 days and then maintenance reverts to the property owner. Brotzler noted it is quite common to plant sod in the late fall. A final walk through was conducted, staff noticed how some sod did not make it, but it was about half and half. The contractor is not liable for the sod after 30 days. It is hard to say what caused the sod not to grow. In the future, letters will be sent to the involved residents regarding their satisfaction with projects. Staff will check again to see if a lack of black dirt might have contributed to the sod failure. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 2002 City Administrator Burt said that it is not usual policy to go back after a project and replace sod. But, it had been done with the 145th Street improvements a few years ago. Burt suggested that a decision be made now because the project is not closed out, then the project would be paid for next year and the work done in the spring. City Attorney LeFevere noted the assessment payment process. Residents have 30 days to pay the City directly without any interest. After November 30th, the assessment is sent on to the county against the property where it can be set up for payment within ten years. Residents have 30 days to file a Notice of Appeal after a Notice of Objections is tiled with the City Council. Then a ten -day window is open to file with the District Court and to demonstrate there is something illegal about this assessment. MOTION by Edwards to ADOPT A RESOLUTION ADOPTING THE ASSESSENT ROLL FOR THE 2001 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT 326 and to leave the project open to meditate any problems. Second by Klassen. Ayes: Edwards, Klassen, Busho, Riley. Nays: None. Motion carried. PUBLIC HEARING: Assessment Hearing, Eastside Watermain Extension, City Project 320 Mayor Busho reviewed the Public Hearing process. The City Clerk noted that the affidavits of notice and publication were on file. City Engineer Brotzler reviewed City Project 320, which is located near Highway 52 on the east side of Rosemount. The total cost was 51,173,256 and $726.184 was paid from the Water Core Fund for over sizing the watermain. S447,072 is to be assessed to adjacent commercial properties. The assessment rate is S18 per front foot. Mayor Busho opened the Public Hearing for comment, however there were no continents given from the audience. MOTION by Edwards to close the Public Hearing for City Project 320. Second by Riley. Ayes: Klassen, Busho, Riley, Edwards. Nays: None. Motion carried. MOTION by Edwards to ADOPT A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE EASTSIDE WATERMAIN EXTENSION, CITY PROJECT 320. Second by Klassen. Ayes: Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Evermoor Roundstone Preliminary Plat and Rezoning, D.R. Horton City Planner Pearson reviewed the tabling of this project due to the design of the townhomes as viewed from Connemara Trail. Steve Pahl from D.R. Horton presented a revised face elevation showing additional dormers and cedar shakes along with the four foot offset or jog in the building. The fireplace housing and decks also added breaks in the design. Additional offset could not be done because it would affect the lot length and setbacks. Council Member Edwards and Mayor Busho were pleased with the revisions. Council Member Riley felt the building was still not broken up enough. Riley suggested making each unit appear different with color or design. Conditions on the resolution were discussed and the conservation easement for preserving the trees. Mayor Busho questioned the lack of tree protection language in the draft 4 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 2002 resolution. Consensus was reached that would treat Roundstone in a manner similar to Bard's Crossing and Waterford. The following was suggested for condition 2.: A Conservation Easement of 50 feet average depth shall be required along the southern boundary of the development that shall prohibit site grading and removal of trees. Furthermore, the tree preservation zone shall be protected from construction by fencing prior to the commencement of construction." MOTION by Edwards to ADOPT A RESOLUTION APPROS'1'NG THE PRELIMINARY PLAT FOR EVERMOOR ROUNDSTONE. with condition 2 amended as discussed. Second by Klassen. Ayes: Busho. Edwards, Klassen. Nays: Riley. Motion carried. MOTION by Busho to adopt AN ORDINANCE REZONING D.R. HORTON'S ROUNDSTONE TO R -3, MEDIUM DENSITY RESIDENTIAL. Second by Edwards. Ayes: Riley, Edwards. Klassen, Busho. Nays: None. Motion carried. Announcements Mayor Busho reviewed the regular up coming city meetings. The cable cast meeting of the Chamber of Commerce Luncheon today will be replayed on cable Channel 22. The meeting was adjourned at 9:10 p.m. The City Council Agenda Packet is Clerk's File 2002 -30. Respectfully submitted, City Clerk Linda Jentink Recording Secretary 1 1 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 1, 2002, at 7:30 p.m. at the Rosemount City Hall. 2875 145 Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, and Edwards present. Council Member Riley was absent. Also in attendance were City Attorney LeFevere, Parks and Recreation Director Schultz, and City Engineer Brotzler. The meeting was opened with the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 2002 Agenda Changes Mayor Busho requested that Item 9.a. Special Election Response be held over to when all Council Members are present. Council agreed to move it to the next public meeting. Minnesota Manufacturing and Technology Week Parks and Recreation Director Schultz presented this proclamation to help promote public awareness of the importance of manufacturing and technology to Minnesota's economy. MOTION by Klassen to proclaim the week of October 21 -25, 2002, to be Manufacturing Technology Week in the City of Rosemount. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Edwards. Nays: 0. Motion carried. Cities Week Mayor Busho presented a proclamation declaring October 6 -12, 2002 Cities Week with the them being "Connecting Citizens, Creating Futures." (MOTION by Klassen to proclaim the week of October 6 -12, 2002 Cities Week. Second by Cisewski. Ayes: Cisewski, Busho, Edwards, Klassen. Nays: 0. Motion carried. Consent Agenda Mayor Busho presented additional information for the agenda. Item 6.a. Council Minutes of September 3, 2002 had a change on page 2. MOTION by Edwards to approve the Consent Agenda with the suggested changes to Item 6.a., minutes. Second by Klassen. Ayes: Busho, Edwards, Klassen, Cisewski.. Nays: 0. Motion carried. a. Minutes of September 17, 2002 Regular City Council Meetings b. Amend Assessment Roll on the Eastside Watermain Extension, C.P. 320 c. Receive Bids /Award Contract Biscayne Avenue Street Utility Improvements, C.P. 343C d. Proposed Speed Limit for Fischer Avenue e. Declaration Surplus Property f. Talcott Glen Final Plat, Wensmann Homes g. Bills Listing 1 PUBLIC HEARING: Assessment Hearing Improvements, City Project 322 Mayor Busho reviewed the Public Hearing proces affidavits of notice and publication were on file. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 2002 CaFfo sel Plaza Street Utility s. The recording secretary noted that the City Engineer Brotzler reviewed the Carrousel Plaza Street and Utility improvements that were completed as part of the Carrousel Townhome project by Heritage Development. It is east of Chippendale Avenue. north of Wachter Lake. The total assessment is $465.709, of which a significant portion has already been paid by Heritage Development for the improvements completed internally within their townhome development. There were three properties assessed. The bowling alley was assessed for a later al water benefit received from installation of a 12 -inch trunk line; Heritage Development's commercial site that remains undeveloped for water and sewer; and Wensmann Homes for water sewer service to the Wachter Lake addition. Council Member Edwards questioned which owners would be assessed for the bowling alley since two were listed. City Engineer Brotzler stated that on the county tax roll it shows the fee owner and then the property address and the fee assessment will be delineated against the PID number which is tied to the property address. Mayor Busho opened the Public Hearing for comments. There were no comrrietits. MOTION by Edwards to close the public hearing. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho. Nayes: 0. Motion carried. MOTION by Edwards to ADOPT A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CARROUSEL PLAZA STREET UTILITY IMPROVEMENTS, CITY PROJECT 322. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho. Nays: 0. Motion carried. PUBLIC HEARING: Assessment Hearing Section 31 Sanitary Sewer Improvements, City Project 317 City Engineer Brotzler reviewed City Proejct 317, a sanitary sewer project completed concurrently with the Highway 3/46 project completed by the County. The total cost of the project is $401,691 with $299,691 being paid by the Sanitary Sewer Core Fund. The remaining $102,000 will be assessed to the five adjacent commercial properties on the north side of Canada Circle and the four properties on the south side of Canada Circle.. Mayor Busho opened the public hearing for comment. however, there were none. MOTION by Cisewski to close the public hearing. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Edwards. Nays: 0. Motion carried. MOTION by Edwards to ADOPT A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE SECTION 31 SANITARY SEWER IMPROVEMENTS, CITY PROJECT 317. Second by Klassen. Ayes: Cisewski, Busho, Edwards, Klassen. Nayes: 0. Motion carried. 2 1 Announcements Mayor Busho noted that there Was a Utility Commission meeting next Monday night, October 7, 2002. There will be no Planning Commission meeting on Tuesday. October 8, 2002. On the October 9, 2002 Committee of the Whole agenda is the 2003 Budget and Capital Improvements, Mining, and a Final Grade Policy. On October 15, 2002 there will be a Port Authority meeting at 6 p.m. and a City Council meeting at 7:30 p.m. The meeting was adjourned at 7:46 p.m. Chancel Nelson Recording Secretary The City Council Agenda Packet is Clerk's File 2002 -31. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 2002 Respectfully submitted, 1 7a iLt;Cr' C 1�i� 1 1 This meeting was cancelled due to a lack of quorum ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE OCTOBER 9, 2002 Respectfully submitted, City Clerk Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 2002- 32. Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 15, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145` Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley, and Edwards present. Also in attendance were City Administrator Burt, City Attorney LeFevere, Parks and Recreation Director Schultz, City Engineer Brotzler, Police Chief Kalstabakken, and City Planner Pearson. The meeting was opened with the Pledge of Allegiance. Agenda Changes Mayor Busho added item l lb. Set time for November 6, 2002 meeting. Council Member Klassen requested that Item 11 a. Service Animals Request be moved before the public hearings because the applicant is the same and if there is action on this request then the public hearing may not be necessary. Discussion ensued regarding the proper order of the agenda. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 2002 A challenge by Edwards to change the order of the agenda. Second by Klassen. Ayes: Klassen, Cisewski, and Edwards. Nays: Busho and Riley. Challenge prevails. MOTION by Edwards to move item l la. to follow item 6. Second by Klassen. Council Member Cisewski stated since both items are for the same person and one decision may make it not necessary to hold the public hearing she would vote in favor of this motion. Council Member Riley stated this agenda was set in the proper process and will not accept this motion. Vote on Motion: Ayes: Cisewski, Edwards, and Klassen. Nays: Busho, and Riley. Motion passed. Mayor Busho moved item l la. Service Animal Request to immediately follow item 6. City Administrator Burt distributed the bid results for item 6.h. Mayor Busho reviewed the new order of the agenda. Public Comment None Consent Agenda Council Member Cisewski requested item 6.1. be pulled for further discussion. 1 1 1 1 Council Member Klassen requested item 6.m. be pulled. MOTION by Cisewski to approve the Consent Agenda with item 6. 1. Trunk Highway 3 Detour and item 6.m. Metro Council's Blueprint 2030 being pulled for discussion. Second by Riley. Ayes: Five. Nays: None. Motion passed. a. Minutes of October 1, 2002 Regular City Council Meetings b. Bills Listing c. Expenditure from Donation Account Park Recreation d. Expenditure from Donation Account Administration e. 2003 Non -Union Compensation f. Budget Amendments g. Receive Bids /Award Contract/Approve Change Order #1 Rosewood Village Streets and Utility Improvements, City Project #350 h. Receive Bids/Award Contract/Approve Change Order #1 Rosewood Village Streets and Utility Improvements, City Project #350 i. Approve Plans Specifications /Authorize Advertisement for Bids for Biscayne Pointe 4 Additions Street and Utility Improvements, City Project #352 j. Receive Feasibility ReportiOrder Public Hearing for Eastside Watermain Phase 2 Improvements, City Project #345 k. Authorize Preparation of Plans Specifications for Connemara Trail Phase 2 Street and Utility Improvements, City Project #343A 1. Trunk Highway 3 Detour pulled for discussion m. Moro- ^u pulled for discussion Item 6.1. Trunk Highway 3 Detour Council Member Cisewski expressed concem with the possible closure of Highway 3, the impact it would have on Rosemount Saw and Tool, the Music Magic and Quilters Haven, questioned if Lower 147 Street would be open. and how the traffic would flow so the businesses south of Lower 147 Street still have access. Cisewski wants assurance that public access is maintained for all of these businesses. Dave Hutton, Project Manager, presented a brief overview of the proposed detour. The detour is for northbound traffic only from 145 Street to Lower 147 Street. The southbound traffic will remain open. Temporary accesses will be provided across the work zone for the businesses. Mr. Hutton indicated it is necessary to close for one week for northbound traffic in order to complete the project because of tight working conditions, safety of the equipment, vehicles of traveling public, and the time of year. Discussion ensued regarding signage, Xcel Energy's schedule, and additional extensions for the completion of the project. Mr. Hutton indicted that signage would be provided for the businesses, Xcel Energy's portion of the project is being monitored, closure for an entire week would he needed because of a very ambitious schedule, permits from MNDot and Dakota County have been obtained and business owners will receive weekly updates. ROSEMOUN'T CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 2002 New Business Service Animal Request 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 2002 MOTION by Cisweski to approve trunk Highway 3 Detour per the attached memorandum. Second by Klassen. Ayes: Busho, Riley, Edwards, Klassen and Cisewski. Nays: None. Motion passed. Item 6.m. Metro Council's Blueprint 2030 Council Member Klassen pulled this item to offer for the Councils consideration the addition of a sixth item on the letter to Metropolitan Council. Item six would state: The use of transportation corridors, as opposed to using MUSA as a development tool, will add to urban sprawl rather than contain it. Council Member Cisewski endorsed the addition of item six to the letter for Metropolitan Council. MOTION by Klassen to authorize transmittal of letter to the Metropolitan Council regarding its Blueprint 2030 with the addition of the suggested number six. Second by Cisewski. Ayes: Riley, Edwards, Klassen, Cisewski, and Busho. Nays: None. Motion passed. Mr. Burt advised that Karrie Bulera has requested her two capuchin monkeys be acknowledged as registered service animals. Ms. Bulera had provided the City with a letter that states how those animals assist her and certificates for those animals stating they are service animals. Questions were raised regarding the validity of Internet registration of service animals, credibility of organizations registering animals as service animals, and vaccinations required for animals. Mr. LeFevere stated there are two provisions under Minnesota law that relate to service animals. Both have to do with denying access to people with service animals. Access cannot be denied to real property nor can access be denied to restaurants and other public places for persons with service animals. Animals must be from recognized program, which trains service animals to aid persons with disabilities. MOTION by Edwards to acknowledge Karrie Bulera's two capuchin monkeys as registered service animals. Second by Klassen with addition of a friendly amendment. Friendly amendment: Motion to acknowledge Karrie Bulera's two capuchin monkeys as registered service animals and that they are pemtitted in the City of Rosemount. Council Member Edwards requested to hear Mr. LeFevere's comments before he accepts or rejects the friendly amendment. LeFevere stated that under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act a person would be defined as having a disability if there is any physical or mental impairment that substantially limits one or more of the major life activity of the individual. If there is a disability the City in application of its zoning ordinance has to make reasonable accommodation to that disability. Discussion ensued regarding the proof that a person is disabled or some level of satisfaction that there is a disability within the meaning of the law. Council Member Klassen indicated that through her research she found that the registering agency SARA does require that the applicant send along some information from a doctor. Based on this infomration Council Member Klassen is satisfied that a disability exists. Council Member Edwards amended his motion to state "MOTION to acknowledge Karrie Bulera's two capuchin monkeys as registered service animals. The council finds that the stated disability of Ms. Bulera meets the legal definition of a disability." Amendment accepted by Klassen. Mr. LeFevere clarified the MOTION as such: Council finds that the applicant has a disability within the meaning of the act and that allowing the monkeys without any further restriction is a reasonable accommodation to that disability within the meaning of the State Human Rights Act and the Americans Disability Act. Council Members Edwards and Klassen accepted Mr. LeFevere's wording. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 2002 Vote on motion. Ayes: Edwards, Klassen, and Cisewski. Nays: Busho, and Riley. Motion passes. Questions were raised if other animals could he classified as service animals via the Internet. Mr. LeFevere response was affirmative but each case would be evaluated on its own merit. PUBLIC HEARING: Appeal of Planning Commission Resolution Karrie Bulera Todd Anderson Applicant Karrie Bulera dropped her appeal. PUBLIC HEARING: Assessment Hearing, South Rose Park Area Improvement, City Project 325 Mayor Busho reviewed the Public Hearing process. The City Clerk noted that the affidavits of notice and publication were on file. City Engineer Brotzler reviewed City Project 325, which includes the reconstruction of 15l Street, Canada Avenue and Carousel Way in the South Rose Park area. The total cost was $550,847 of which $25,000 is funded from the sewer core fund, with the remaining $525,847 to be assessed to adjacent properties on a per foot basis. Mr. Brotzler indicated the interest rates are based on the bond rate at which it was sold. Mayor Busho indicated an objection to the assessment was received from CJL Enterprises. City Attorney reviewed the appeal process. 4 Mayor Busho opened the public hearing for comment. Steve Kopel, 13757 Danbury Path, owner of McDonalds, 15035 Canada Avenue, questioned if Pizza Hut was included in the assessment since their access to the property is similar to McDonalds. Mr. Kopel stated he would appeal this assessment if he finds that Pizza Hut is not being assessed at all. MOTION by Busho to close the public hearing for City Project 325. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Mr. Brotzler indicated that Pizza Hut is under a different title and it is not directly adjacent to the project so it is not being assessed. Mr. Kopel filed an objection to the assessment. MOTION by Edwards to ADOPT A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE SOUTH ROSE PARK AREA IMPROVEMENTS, CITY PROJECT 325. Second by Cisewski. Ayes: Klassen, Cisewski, Busho. Riley, and Edwards. Nays: None. Motion carried. PUBLIC HEARING: Assessment Hearing, Trunk Highway 3 Street Utility Improvements, City Project 318 Mayor Busho reviewed the public hearing process. The Recording Secretary noted that the affidavits of notice and publication were on file. Mayor Busho indicated an objection to the assessment was filed by E E Enterprises Inc. Mr. Dave Hutton stated this public hearing is for the Trunk Highway 3 project that runs from 145 Street to County Road 42. The project is under construction and is approximately 50 percent complete. Mr. Hutton indicated MNDOT would pay $540,000, core funds $681,000, non assessed costs $877,700 and assessed cost $324,797 towards the project. Mayor Busho opened the public hearing for comments. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 2002 MOTION by Cisewski to close the public hearing for City Project 318. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Cisewski to ADOPT A RESOLUTION ADOPTING THE ASSESSENT ROLL FOR TRUNK HIGHWAY 3 STREET UTILITY IMPROVEMENT, CITY PROJECT 318. Second by Edwards. Council Member Riley expressed concern with the dollar amount of the assessment for small businesses. Vote on motion. Ayes: Cisewski, Busho, Edwards, and Klassen. Nays: Riley. Motion passed. 5 1 Special Election Response November 6, 2002 Canvas Election Results ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 2002 Discussion occurred regarding the process required to fill a vacant council seat should one occur. Since at this time there is no vacancy, members felt it should not be discussed. Other members stressed the importance of the elected body (i.e. City Council) to adopt language to fill vacancies. MOTION by Edwards to table this discussion until the next council meeting. Second by Cisewski. Ayes: Busho, Edwards, Klassen, and Cisewski. Nays: Riley. Motion passed. MOTION by Busho to canvas the election results on November 6, 2002 at 8:00 a.m. Second by Edwards. Ayes: Five. Nays: None. Motion passed Announcements Fire Department open house tonight. Next Planning Commission meeting October 22, 2002. Halloween celebration is October 26, 2002 from 6:30 to 8:00 in Central Park. Daylight saving time ends October 27, 2002. Next Park and Recreation meeting October 28, 2002 Next City Council meeting will be November 5, 2002 with a start time of 8:00 p.m. due to elections. The meeting was adjourned at 9:10 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2002 -33. Maryann Stoffel Recording Secretary Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, November 5, 2002, at 8:01 p.m. at the Rosemount City Hall, 2875 145 Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley, and Edwards present. Also in attendance were City Attomey LeFevere, Parks and Recreation Director Schultz, City Engineer Brotzler, Police Chief Kalstabakken, Finance Director May, and HR Coordinator Graff. The meeting was opened with the Pledge of Allegiance. Agenda Changes ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5, 2002 Per Council Member Cisewski' request, Mayor Busho added item 8d. Downtown Redevelopment Plan. Per Council Member Klassen's request. Mayor Busho added item 7b. Animal Ordinance. Mayor Busho added item 6q. Settlement Agreement of Pahls Family Farm, and Police Chief Kalstabakken provided additional information for item 7a. Special Election Response. Public Comment —None Consent Agenda Council Member Klassen requested item 6.e. 10 Year Capital Improvement Plan and item 6j. Evennoor Phase 2. City Project #321 be pulled for further discussion. MOTION by Edwards to approve the Consent Agenda with item 6.e. 10 Year Capital Improvement Plan and item 6j. Evermoor Phase 2, City Project #321 being pulled for discussion. Second by Cisewski. Ayes: Five. Nays: None. Motion passed. a. Minutes of October 15, 2002 Regular City Council Meetings b. Bills Listing c. Receipt /Expenditure of Donation Administration d. Declaration of Surplus Property e. 10 ear Capital Improvement Plan pulled for discussion f. Termination of Employee g. Approve Change order #2 Bloomfield 4 Addition Phase 2, City Project #341 h. Payment #6 Final Evermoor 6' 7` Additions Street Utility Improvements, City Project #336 i. Payment #5 Final Hawkins Pond Outlet Lift Station, City Project #328 j. Accept for Perpetual Maintenance Evermoor Phase 2, City Project-#3-2-1- pulled for discussion k. Adopt Assessment Roll Connemara Trail, Phase 1 (Outlots of Evermoor), City Project 330 1. 2003 Landfill Abatement Grant m. NRG Processing Solutions Joint Powers Agreement Amendment ROSEMOUNT CITY PROCEEDINGS REGULAR tMEETING NOVEMBER 5, 2002 n. Approval of Dakota County ISrug Task Force Joint Powers Agreement o. Establishing Just Compensation and Authorizing Stipulation. Connemara Trail Phase 1 and 2, City Projects 330 and 343 p. Lot Split/Combination 2112 135 Street East (Common Boundary Line Relocation) q. Settlement Agreement of Pahls Family Farm Item 6.e. 10 Year Capital Improvement Plan Council Member Klassen expressed concerned with the line item for the County Library Land Purchase (2004) in the 10 year Capital Improvement Plan (CIP). Klassen preferred this item be included under Community Development versus Council designation in the CIP. Funding for this project is set at $500,000. Questions were raised whether this dollar amount would be insufficient, adequate or exorbitant. A further clarification of the intended use of funds was requested. Finance Director May indicated that approval of the CIP usually occurs before the final levy and final budgets are approved. This item could be brought back to the next City Council meeting and still make the deadlines but indicated the years 2004 and beyond are in fact a work plan or guide. Further discussion ensued regarding the dollar amount required for the purchase of land for a library, a construction date for the library, and possible questions regarding other line items. Council Members agreed to review this plan and present comments, questions, and ideas to Finance Director May prior to the next City Council meeting. This plan and a revised plan will be presented at the next meeting. MOTION by Klassen to table this item until the next City Council meeting on November 19, 2002. Second by Cisewski. Ayes: Five. Nays: None. Motion passed. Item 6.j. Accept for Perpetual Maintenance Evermoor Phase 2, City Project #321 Council Member Klassen asked for a review regarding this project. City Engineer Brotzler indicated this project is one of the early projects of Evermoor. It was located on the western part of the project and was a street project for the residential part of Evermoor. MOTION by Klassen to approve paythient #5 and final payment to Nodland Construction in the amount of $85,408.84 for Evermoor Phase 2, City Project #321 and accept the project for perpetual maintenance. Second by Cisewski. Ayes: Five. Nays: None. Motion passed. Old Business Special Election Response City Attorney LeFevere recapped the established rules when special elections are held to fill council vacancies. Under state law Council Members have 4 -year terms. All vacancies are filled by appointment. During the first two years, if vacancies occur then the vacancy is filled by inmmediate appointment. The person stays in office until a midterm special election. If the 2 vacancy occurs during the 3rd or 4 year of the term, a person is immediately appointed and stays in office until the remainder of the term. Statutory cities usually don't hold special elections (freestanding elections) except if it coincides with the general election. An ordinance is required if cities desire to hold freestanding elections. The draft ordinance allows for a freestanding special election for a vacancy in the first year. A vacancy in the second year will last until the midterm general election and the special election would he held at the same time. A vacancy in the third year would be a freestanding election. A vacancy in the fourth year would not he filled until the next general election. Mr. LeFevere recapped that a vacancy occurring during the first or third years of the term would mandate a freestanding election and a vacancy occurring during the second or fourth year of the term would be the same as the state law. Discussion ensued regarding the requirements fol filling vacancies, the necessity of a public hearing regarding this proposed ordinance, the effect this ordinance would have on the bylaws, and the number of readings required for adoption of a new ordinance. Mr. LeFevere stated that for a statutory city a public hearing is not required for this type of ordinance. Under state law and this ordinance, there is provision for an appointment for a vacant council seat. The only difference is how long they serve until they are replaced by an elected official. MOTION by Riley to table this item. Motion died for lack of a second. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5, 2002 MOTION by Klassen to consider this ordinance as a first reading. Second by Edwards. Council Member Cisewski expressed that she would be in favor of putting this ordinance in place. Cisewki would like to give the citizens of Rosemount the opportunity to elect their representative. Council Member Riley expressed concern regarding the process for filling a vacant council term. Vote on motion. Ayes: Klassen, Cisewski, and Edwards. Nays: Busho, Riley. Motion passed. MOTION by Edwards to consider this ordinance as a second reading. Second by Klassen. Council Member Riley expressed concern with the monies needed to hold special elections. Vote on motion. Ayes: Cisewski, Edwards, and Riley. Nays: Busho, Riley. Motion passed. Clarification regarding the motion The motion was only to consider this ordinance as a second reading and was not for the adoption of said ordinance. Old Business Animal Ordinance Council Member Klassen requested that this ordinance be put on the next agenda. 3 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5, 2002 New Business Receive Petition/Order Feasibility Report 160` Street Sanitary Sewer Extension City Engineer Brotzler indicated the City has received a petition from Highstone Limited Partnership, Metro Mosquito Control, and Dakota Fence along 160 Street requesting that the city sewer service be extended to their properties. Staff has met with these owners and has reviewed how costs would be allocated. Council members were concerned with other property owners' interest in this project, the location of the proposed sewer, the size of the service requested, and costs for the feasibility report. Mr. Brotzler stated the purpose of the feasibility report w,rs to provide alternative to extend sewer services to this area, outline the costs, options for funding, the assessments, and the need to acquire easements for this project. The estimated cost for the feasibility report would be Live to ten thousand dollars. If the project does happen then this cost would become part of the project cost and would be assessed back to the property owners. Direction was given to have petitioners obtain signatures of all property owners involved. MOTION by Edwards to table this item until staff brings this back for reconsideration. Second by Klassen. Mr. Brotzeler indicated the petition does not mean the property owners are agreeing to assessments. It is just as intent or desire for the city to move forward with the project. Vote on motion. Ayes: Busho, Riley, Edwards, Klassen and Cisewski. Nays: None. Motion passed. New Business Resignation of City Administrator /Appoint Interim Administrator HR. Coordinator reviewed the resignation of City Administrator Burt. The resignation will be effective November 15, 2002. Staff requested authorization to solicit proposals from executive recruiting fines to begin the process for finding his replacement and recommended Gary Kalstabakken, Chief of Police be named Interim City Administrator. Council Member Klassen thanked Mr. Burt for his service to the city and commended Mr. Kalstabakken for his acceptance of these additional responsibilities. Council members concurred with Member Klassens comments. MOTION by Edwards to accept the resignation of City Administrator Thomas D. Burt and appoint Interim City Administrator Gary Kalstabakken and to authorize staff to solicit quotes from executive recruiting firms to begin the process for selecting Mr. Burt's replacement. Second by Cisewski. Ayes: Riley, Edwards, Klassen, Cisewski, and Busho. Nays: None. Motion passed. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5. 2002 New Business Reschedule Special Meeting to Canvas Election Results Ms. Graff requested the special meeting be rescheduled to later in the day. MOTION by Cisewski to delay the special meeting for canvassing election results until 4:00 p.m. November 6, 2002. Second by Riley. Ayes: Five. Nays: None. Motion passed. New Business Downtown Redevelopment Plan Council Member Cisewski requesting information regarding the Downtown Redevelopment Plan and this item be placed on the agenda as soon as possible. Announcements The voting polls closed at 8:00 p.m. The Utility Commission meeting previously scheduled for November 11, 2002 is rescheduled to November 18, 2002. The next Planning Commission meeting is RoVefhBet 12, 2602. There will be no Committee of the Whole meeting on November 13, 2002. Tom Burt's open house is scheduled for November 14, 2002 from 4 -6:00 p.m. at City Hall. Next City Council meeting will be November 19, 2002. The next Port Authority meeting is scheduled for November 19, 2002 at 6:00 p.m. The meeting was adjourned at 9:07 p.m. The City Council Agenda Packet is Clerk's File 2002 -34. Respectfully submitted, G2.6r c2? s �JC 7 Maryann Stbffel Recording Secretary Pursuant to due call and notice thereof a special meeting of the Rosemount City Council to canvass the election returns and declare the results of the municipal election was held on Wednesday, November 6, 2002 at 4:00 p.m. at the Rosemount City Hall, 2875 145` Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski and Riley present. Councilmember Edwards was not in attendance. The results of the election were read aloud. Mayor Elect will be William H. Droste. Council Members Elect will be Kim Shoe Corrigan and Mark DeBettignies. MOTION by Busho to approve a resolution declaring the results of the municipal election. Second by Klassen. Ayes: Klassen, Cisewski, Busho and Riley. Nays: None. Motion carried. The meeting was adjoumed at 4:03 p.m. Respectfully submitted, d eig(g Chervle Coughlin C The City Council Agenda Packet is Clerk's File 2002 -35. ROSEMOUNT CITY PROCEEDINGS SPECIAL, MEETING NOVEMBER 6, 2002 1 m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 19, 2002 d. Donation Account Expenditure for Police Equipment Fund e. Accept Tort Liability Insurance Limits f. Authorization to Solicit Quotes for Financial Accounting Software g. Payment #6 Final, Evennoor 8th Addition Street Utility Improvements, C. P. 337 h. Payment #9 and Final, Evermoor Final Design of Phase 4, City Project 321 i. Change Order #2 Trunk Highway 3 Improvements, City Project #318 j. Change Order #1 Brockway Draw Sanitary Sewer Improvements, City Project 343B k. Addendum to Subdivision Agreement for Biscayne Pointe 4' Addition, C. P. 352 I. Receive Bids/ Award Contract Biscayne Pointe 4` Addition Street Utility Improvements. C.P.352 Bid results added City Project-34-9-Pulled n. Resolution Supporting Seat Belt Usage and the Safe Sober Program o. Amendment to LOGTS John Powers Agreement p. Amendment to WSB Contract for Professional Services q. Community Development Block Grant (CDBG) Resolution r. Pulled for discussion Item 6.r. Executive Recruiter Proposal Mayor Busho requested this item be discussed for clarification. Busho asked if Mayor Elect Droste had been consulted with regards to the applicant fines for recruitment. Human Resource Coordinator Graff noted that Droste was consulted. Council Member Cisewski questioned the meaning of the term "lack of history" used in the recommendation. Graff explained that to mean a tine that had not worked for the City of Rosemount in the past and had a fresh look. Graff noted that Sathe Executive Search has an extensive history of local government recruitments. MOTION by Busho to approve Sathe Executive Search as the executive recruiter for the City Administrator position and to authorize the necessary signatures. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. PUBLIC HEARING: East Side Watermain Extension, Phase 2 Improvements, City Project 345 City Engineer Brotzler noted that City Project 345 had a public informational meeting and a meeting with Dakota County Technical College, who desires to improved their water pressure. Brotzler introduced Kevin Kawlewski, WSB Engineer Consultant, who has reviewed feasible routes for the extension of the trunk watermain from Bloomfield development to Trunk Highway 52. Three alternates were discussed using the 140th Street power line utility easement and then two alternate ways to go south to County Road 42; either along Akron Avenue or the section line just east of Akron Avenue. The second alternative was more cost effective. Residents in this area have their own well water systems and are not in the Metropolitan Utility Sewer Area (MUSA). The Dakota County Technical College could be hooked up via County Road 42 right -of -way with 16 -inch pipe. The cost is estimated at 2002 construction dollars at 51,746.700. This would be funded through the Water Core Fund and assessment to Dakota County Technical College at approximately $26 per frontage foot, or 598,670. The plans could be ready by January 21, 2003, bids by February 14th, and an assessment hearing on February 18, 2003. Construction would start about April 20th and be completed by September, 2003. The College will have further input ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 19, 2002 as to the size necessary for the water line. Mayor Busho opened the public hearing for audience input. There were no forth- coming comments. MOTION by Edwards to close the Public Hearing for City Project 345. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. MOTION by Klassen to ADOPT A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PLANS AND SPECIFICATIONS FOR THE EAST SIDE WATERMAIN EXTENSION, PHASE 2 IMPROVEMENTS, CITY PROJECT 345 using Alternate 2 as presented. Second by Cisewski. Ayes: Cisewski, Busho. Riley, Edwards, Klassen. Nays: None. Motion carried. Special Election Ordinance Interim City Administrator Kalstabakken reviewed the Special Election Ordinance presented at the last City Council meeting. The ordinance allows for a special election to fill a city council member vacancy when there is more than a year remaining on the term before the next regular general election in November. Mayor Busho noted she was not in favor of this ordinance. MOTION by Edwards to ADOPT A NEW ORDINANCE RELATING TO SPECIAL ELECTION TO FILL COUNCIL VACANCIES; ADDING NEW SECTION 1 -5 -3. Second by Klassen. Council Member Riley requested a friendly amendment: to be resolved by appointment by the remaining Council." Motion maker and second, Council Members Edwards and Klassen, declined the friendly amendment. Poll: Ayes: Edwards, Klassen, Cisewski. Nays: Riley, Busho. Motion carried. 10 -Year Capital Improvement Plan (CIP) Finance Director May presented the CIP final draft. This is the seventh year the 10 -Year CIP has been completed. Each year the plan has taken better shape and 2003's has evolved into a very realistic working document. This process is long, but, it is the best way to plan for the future. The CIP has held reserves of S500,000 in 2004 for land for a county library, however, Dakota County can not give a fimm dollar amount because it doesn't know what size lot will be required yet. This figure does not affect our levy at this time and it can be adjusted when more infomiation is known. Council consensus was that this had been discussed at length at several meetings and they were in agreement. MOTION by Riley to approve the 10 -Year Capital Improvement Plan working program for the City of Rosemount for the years 2003 through 2012. Second by Klassen. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Animal Ordinance Revisions to City Code and Zoning Ordinance Code Enforcement Official O'Brien highlighted the most recent changes to the animal ordinance. Much of the ordinance deals with the welfare of animals. A portion addresses the recent changes 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 19, 2002 by State Statutes for dangerous dogs and necessary notification. Also, a system is proposed for registration of any exotic animals. Regulations are also proposed for the feeding of wild animals and pasture management in that it may become a public nuisance or health issue. Mayor Busho commended O'Brien for a very good job with his research of animal ordinances. Busho asked about how enforcement would happen. Police Chief Kalstabakken noted his department would he in charge of that which would usually happen on a complaint bases. This Ordinance moves the enforcement issue from the City Zoning Ordinance into the Rosemount City Code. Kalstabakken said that a pending residential dog kennel license was held up due to a change in definition. Commercial kennel licenses will only be allowed in agricultural zoned property and for outdoor dog runs twenty acres will be required. Residential kennel license will allow for five animals maximum. Council Member Klassen said she had additional infomration from another city she would like to distribute to Council in the up cooling week to be considered with this ordinance proposal. Future discussion is recommended. Downtown Redevelopment Plan City Planner Pearson reviewed the Planning Commission's discussion of the Downtown Redevelopment Plan. The primary focus is the conformance of the plan with the Rosemount comprehensive plan and the zoning ordinance. A Market Study was conducted as well. The Planning Commission will again address this at its November 26th meeting and plans to forward a recommendation to City Council. Announcements Mayor Busho noted the Safe and Sober resolution passed under Consent. Busho reminded residents to buckle their seatbelts and be a responsible driver especial during this campaign time of November 21st through December 1st. Busho reviewed the regular meetings and noted the Truth in Taxation Public Hearing on December 2nd, Monday evening at 6:30 p.m., for anyone who wants to comment on their city taxes. Council Member Riley noted there was a new business to welcome to town, Primrose, located next to Fluegel's Feed. It will be operated by Rita Dupre and will specialize in bonne decorations. Riley stated that the past City Administrator Thomas Burt would be greatly missed and was a "gene" to work with for the past tvo years. Riley also offered congratulations to the newly elected mayor, William Droste and two council members, Mark DeBettignies and Kim Shoe Corrigan. Riley stated she looked forward to working with them. The meeting was adjourned at 8:27 p.m. The City Council Agenda Packet is Clerk's File 2002 -36. 4 Respectfully submitted, City Clerk Linda Jentink Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL BUDGET MEETING DECEMBER 2, 2002 Pursuant to due call and notice published on November 22 and 23, thereof a special meeting of the Rosemount City Council was duly held on Monday, December 2. 2002, at 6:30 p.ni. at the Rosemount City Hall, 2875 145' Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski. and Riley present. Also in attendance were Interim City Administrator /Police Chief Kalstabakken, Parks and Recreation Director Schultz, Finance Director May, and Public Works Supervisor Cook. Mayor Elect Droste was also in attendance. 2003 Budget Discussion A presentation was given by Finance Director Jeff May for the 2003 City of Rosemount budgets and levies. May explained the proceedings that would be used this evening. Following the presentation, clarification questions could be asked by the Council, followed by input from the public, and finally, the Public Hearing would be closed by a motion after all testimony was heard. The actual Council action on the budget would occur at the regular City Council meeting on December 3, 2002. Finance Director May noted the City process to review the budget started with staff drafting of proposed budgets in March 2002. City Council began review of the budget in July. By September 15` the Council certified the proposed levy to Dakota County. Further refinement took place in each department until the final draft was established as presented. The City has $8 million dollars worth of ponds that will be called in February 2003 which will reduce the levy needs by approximately $270,000. The Local Government Aid (LGA) that the City receives from the State is in jeopardy for next year because of the State's deficit issues. Because a city is structured mostly on services, if we don't receive the expected funds it cannot be recouped directly from the residents after the levies are given to the County. Staff suggests taking the general levy to the maximum amount allowed, $6,293,411, to fully cover our anticipated needs. May reviewed the reasons for the increases in each department. A significant portion of the increases were for adding four additional employees in various departments. Also, the health care benefits have increased 10 °A for 2003 with an additional 30% anticipated for 2004. Additional funds were set up for improving the imaging system for records, preparing for the implementation of GASB 34 which will be required for our city by the State in 2003, and adding additional cable programming. Also, a Sidewalk Maintenance Program will be initiated to make needed repairs to our sidewalk inventory. This is recommended by the City's Engineering Department and by our insurance risk management consultant. The City's tax capacity values have averaged increases of 12% to 20% annually the last several years. These increases have allowed us to maintain fairly constant tax capacity rates in years that the State has not changed the valuation system. The proposed final levy, together with our valuation increases, will produce a decrease in rate from 59.546% in 2002 to approximately 57.116;% in 2003. Last year the maximum levy was not used so this year the budgets proposed call is for the full levy amount. The State Legislature changed the allocations in 2002 as it began funding a significantly larger share of the school districts needs. This in turn, increased the City's share of funding needs. In 2001, the City tax capacity rate was 36.5 in 2002 it was 59.5% and in 2003 it will be 57.1 The County's rate is 32.4 the School District's rate is 26.3% and the Miscellaneous Districts rate is 5.5% in 2003. 1 Finance Director May made a comparison of costs for a resident with a home valued at $200,000. The comparison divided the department budgets into yearly, monthly and daily costs. May used the examples of police service costing $206 a year, $17.17 per month, and $.56 per day. Street maintenance was $121 a year, $10.15 per month and $.33 per day. May pointed out you could argue that you don't use these services, but they are available and are not very expensive in comparison to other services we choose to purchase such as a home security system or a snow plowing or lawn care service. Mayor Busho thanked Finance Director May for the good PowerPoint presentation and all staff for their input. Mayor Busho opened the Public Hearing for resident comments. Keith Bester, 1697 145th Street East, complained about potholes he reported to the City that took too long to repair. Bester also noted that the frontage road has a dip in it at County Road 42 by the stop sign which collects water and freezes in the winter. Bester also asked why the residential portion is more than the business portion. Finance Director May noted that Rosemount's commercial /industrial percentage is almost the same as Eagan's, Apple Valley's, or Lakeville's. Rosemount has the advantage of having a very large petroleum company that pays about 20° o of our taxes. Rosemount does host a strong business base for community taxes although many people don't think of it that way because they don't consider the east side businesses to be Rosemount taxpayers. Richard Daniels, 15136 Everleigh Circle, noted that Everleigh Park Association does its' own street maintenance and would like to see some reduction in taxes because of this. Finance Director May replied that the County has no way to survey everyone to give taxes out at different rates. No further comments were given. Other Truth and Taxation Hearings impacting Rosemount residents are as follows: Lrdependent School District December 3, 6 P.M. at the School District Office Metropolitan Council December 4, 6 P.M. in St. Paul Dakota County December 5, 7 P.M. in Hastings MOTION by Busho to close the Public Hearing on the 2003 Budget and Levy Presentation for the City of Rosemount. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. The meeting was adjourned at 7:10 p.in. The City Council Agenda Packet is Clerk's File 2002 -37. 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL BUDGET MEETING DECEMBER 2. 2002 Respectfully submitted, City Clerk Li da Jentink Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 3, 2002, at 7:30 p.m. at the Rosemount City Hall, 2875 145 Street West, in the Council Chambers. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and Edwards present. Also in attendance were Interim City Administrator /Police Chief Kalstabakken, City Attorney LeFevere, Parks and Recreation Director Schultz, City Engineer Brotzler, Consultant Engineer Bret Weiss from WSB, City Planner Pearson, Finance Director May, and Code Enforcement Official O'Brien. The meeting was opened with the Pledge of Allegiance. Agenda Changes Interim City Administrator Kalstabakken presented an add -on to the Consent Agenda for an appeal of a Planning Commission variance for a sign at the Rosemount Mall and to set a public hearing for it December 17th. A change was recommended to page two of the minutes of November 19, 2002 regular City Council meeting, Consent Agenda Item 6.a. And, a correction was made to the fourth page of Appendix 1 of the Fee Resolution, Consent Agenda Item 6. u. Mayor Busho placed the add -on for the public hearing as Consent Agenda Item 6.v. Public Comment Charlie Koehnen, 12255 Rich Valley Boulevard, asked about the environmental impact reviews necessary for new Mineral Extraction Permits. This will be addressed with Itetn 8.a. Mineral Extraction Zoning Text Amendments. Consent Agenda Mayor Busho pulled Item 6. v. Receive Appeal of Board of Appeals Adjustments Decision for discussion. MOTION by Edwards to approve the Consent Agenda pulling Item 6. v. for discussion. Second by Riley. Ayes: Five. Nays: None. Motion passed. a. Minutes of November 19, 2002 Regular City Council Meeting (with correction) b. Bills Listing c. Expenditure From Donation Account for Parks and Recreation Department d. Receive Donation for Parks and Recreation Department e. Approval of 2003 Budget: Setting 2003 Levies and Budgets (tentative) f. Bond Calls and Bond Defeasances g. Firefighters Relief Association Benefits Adjustment h. Liquor License Renewals for 2003 i. Set Public Hearing for Application for On -Sale Liquor License, Shenanigan's j. Payment #4 Final 140 Street East Improvement, City Project 349 k. Payment #9 Final Bloomfield 3 Addition Street Utility Improvements, City P. 335 I. Payment #7 Final Bloomfield 2' Addition Street Utility Improvements, City P. 299 m. Payment #6 Final Evermoor 2 Addition (Phase 3 Construction), City Project 321 n. Change Order #2 Evermoor Glendalough Addition, St. Utility Improvements, C.P.347 o. Change Order #2 Rosewood Estates and Rosewood Village Addition, City Project 350 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 2002 p. Petition and Waiver Agreement and Assessment for 140 Street East Development Area, City Project #349 q. Authorize Feasibility Report for Bloomfield 5th, 6th, 7th, and 8th Additions, C. P. 364 r. Receive Petition/Order Feasibility Report for160` Street Sanitary Sewer Extension s. Everrnoor Waterford Revised Final Plat Subdivision Development Agreement t. Mineral Extraction Pemnit Renewal for Shafer Contracting Co. u. 2003 Fee Resolution Annual Review and Updates (with correction) v. ADD Accept Appeal of Board of Appeals Adjustments Decision Item 6.v. Receive Appeal of Board of Appeals Adjustments Decision Mayor Busho noted the Executive Summary held an option for December 17 or January 7th for the Public Hearing for the appeal. Busho asked if December 17 would work for all council members? Council Member Riley noted that she had family commitments that night and would not be attending the City Council meeting. MOTION by Riley to schedule a public hearing on January 7, 2003 at 7:30 p.m. to consider the appeal of the variance granted for 14555 South Robert Trail. Second by Busho. Ayes: Busho, Riley. Nays: Klassen, Cisewski. Present: Edwards. Motion failed. MOTION by Cisewski to schedule a public hearing on December 17, 2002 at 7:30 p.m. to consider the appeal of the variance granted for 14555 South Robert Trail. Second by Klassen. Ayes: Edwards, Klassen, Cisewski. Nays: Riley, Busho. Motion carried. Stipulation Agreement with Soo Line RR for the Construction of an At -Grade Crosssing at Proposed Connemara Trail, City Project 343 Bret Weiss, Engineering Consultant from WSB, presented the agreement for a railroad crossing, crossing gates, and moving the spur line along Brazil Avenue. The cost is estimated at 5450,000, which would be funded by Municipal State Aid Funds, so no assessments will be made to individual property owners. Busho asked if this had been forwarded to the railroad yet? Weiss noted that it will be after Council approval, but that the City Attorney has dealt with the railroad in the past and this agreement is one of their standard forms. MOTION by Edwards to approve the Stipulation Agreement with Soo Line Railroad Cotfipany (d.b.a.) Canadian Pacific Railway for the construction of an at -grade crossing at proposed Connemara Trail, City Project 343 as approved by the City Attorney and authorize the necessary signatures. Second by Riley. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. MOTION by Edwards to ADOPT A RESOLUTION REQUESTING THE COMMISSIONER OF TRANSPORTATION TO APPROVE THE ESTABLISHMENT OF THE CONNEMARA TRAIL AT GRADE PUBLIC RAILROAD CROSSING. Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried. Animal Ordinance Revisions to City Code and Zoning Ordinance Council Member Klassen recommended incorporating the wording from the Rochester Code of Ordinances on Animals in place of the proposed Rosemount Code of Ordinances Section 7 -4 -A, B, and C. Klassen considered this less cumbersome than the proposed Rosemount Ordinance. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3.2002 Klassen noted the rernoval of the last sentence in 106A.02 Subd. 2. Other changes included the reference to Council President to "Mayor" and deleting the phrase "representing the area of the City in which the owner resides" from 106A.18 Dangerous Dogs. Klassen also noted that she would recommend keeping Rosemount Section 7 -4B -10 concerning manure maintenance and wild animals. Council Member Riley did not see representation in the Rochester Ordinance for residential kennels, prosimians, horse issues that were discussed, deer issues, or manure and pasture management. Riley said she had not been given enough time to fully review these changes and therefore would not vote in favor of this Animal Ordinance. MOTION by Klassen to accept this Animal Ordinance incorporating the Rochester Code as the first reading. Edwards clarified what items were included in Klessen's recommendation, noting that they deal with animals not zoning issues. Motion Second by Edwards. Mayor Busho called for discussion on the motion. Busho asked of staff if and how this limits the number of animals a resident can possess? The Rochester ordinance would allow up to eight animals. Code Enforcement Official O'Brien noted that the proposed Rosemount ordinance allows three animals in a residential setting; five animals would require a residential kennel license. O'Brien spoke to City of Rochester staff on animal control and they felt comfortable with their ordinance. It also does not allow multi -year licensing for spaying and neutering or a "grandfather clause" for animals that need to be registered. Edwards believed the breeders' section 106A.19 covered this. Mayor Busho asked for further clarification from O'Brien. Council Member Edwards objected stating this discussion was not germane to the motion and that there was a motion on the floor. Edwards objected to discussion that includes contrasting and comparing. Edwards moved the motion. Mayor Busho asked for City Attorney LeFevere's opinion. LeFevete stated the Chair had ruled that discussion was germane, although that process could be appealed. The question then was put to Council to affirm the ruling of the Chair or to overturn the ruling of the Chair to stop discussion at this point. Edwards challenged the ruling of the germaneness of discussion as to the motion on the floor. Council Meinliet Riley stated "I affirm the ruling of the Chair for the discussion to go on." Council Member Edwards stated, "I already challenged, and you have to act on my challenge." The City Attorney agreed. LeFevere recommended polling the Council at this time. Poll of challenge to the ruling 61' the germaneness of discussion as to the motion on the floor. Ayes: Edwards, Klassen, Cisewski. Nays: Busho, Riley. Ruling appealed. No further discussion was allowed. Poll of the motion by Klassen to accept this Animal Ordinance incorporating the Rochester Code as the first reading. Ayes: Edwards, Klassen, Cisewski. Nays: Busho, Riley. Motion carried. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 2002 MOTION by Klassen to accept this animal Ordinance incorporating the Rochester Code as the second reading. Ayes: Edwards, Klassen, Cisewski. Nays: Riley, Busho. Motion carried. Council Member Klassen requested that staff prepare the revised proposal for consideration at the December 17th Council meeting. Mineral Extraction Zoning Text Amendments City Planner Pearson presented a map showing the mineral deposit locations and their phases of development. Pearson explained that an Envirotuttental Review is required by the State for any mining of non metallic material based upon the amount of land involved. An Environmental Assessment Worksheet (EAW) is required for mining on 40 to 160 acres. And an Environmental Quality Board Environmental Impact Statement is required if it is more than 160 acres. The latter review can take years and hundreds of pages of documents. Any new mining applicant will require a Environmental Review of some sort. Mayor Busho noted that the mining moratorium automatically expires on December 18th, 2002. City Planner Pearson said the zoning ordinance would allow Council to custom tit the life span of the permit to suit the mining activity. Most Rosemount mining would require a EAW. Mining would be allowed in the Industrial Zoning Districts and this amendment would allow some mining in the Agriculture Zoning District. The Mixed Use Industrial zoning is slated to include mining in the future. MOTION by Riley to ADOPT AMENDMENTS TO THE ZONING ORDINANCE RELATIVE TO MINERAL EXTRACTION. Second by Busho. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Downtown Redevelopment Plan City Planner Pearson noted the Planning Commission's review of the Downtown Plan. The Planning Commission did not want to amend the Comprehensive Plan, but work within its frame and the zoning ordinances. Pearson noted Council Member Cisewski recommendations and implemented several of them. Pearson stated this is a working plan that would allow uses to change within reason especially not knowing when development will actually take place. The Dakota County Library is not scheduled to happen for eight years so the Planting Commission acknowledged altemate sites that could be used. The Planning Commission looked for more residential uses within the commercial area all though that would be a secondary use. More mixed uses were encouraged and less brick requirements near the railroad tracks. Council Member Cisewski had concerns about the boundary of the Downtown Overlay and acceptable building materials. Cisewski said she could not support the Downtown Development Plan as presented. MOTION by Cisewski not to adopt the Downtown Redevelopment Plan with changes. Second by Edwards. Discussion ensued. Council Member Riley did not understand the reasons why Council Member Cisewski was not in favor of this plan. Riley noted that Council has worked long and hard on this. Riley attended all 4 1 three workshops that URS Consultants held and this plan cost the City $30,000 which should be put into action. URS consultant said if we continue to do nothing it will only worsen the area and often times it's too late to do anything. Mayor Busho said she will be voting no On this motion because she feels the plan is very good and she is ready to see some redevelopment happen downtown. POLL: Ayes: Klassen, Cisewski, Edwards. Nays: Busho, Riley. Motion carried. Announcements Mayor Busho noted the upcoming meetings; the Utilities Commission will hold its meeting on December 9, 2002; there will not be a Port Authority sleeting on December 17; and the regular City Council meeting will be held December 17, 2002. The Truth in Taxation Public Hearing was held December 2 with a presentation of the 2003 Budget for the City of Rosemount. There were about five residents in attendance. Busho noted that the 2003 Budget looks very good. The meeting was adjourned at 8:50 p.m. The City Council Agenda Packet is Clerk's File 2002 -38. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 2002 Respectfully submitted, City Clerk Linda Jentink Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17. 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 17, 2002, 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 present. Council Member Riley was absent. Also in attendance were Interim City Administrator /Police Chief Kalstabakken, City Attorney Robert Vose, Parks and Recreation Director Schultz, City Engineer Brotzler, Consultant Engineer Bret Weiss from WSB, and City Planner Pearson. The meeting was opened with the Pledge of Allegiance. Agenda Changes Interim City Administrator Kalstabakken presented additional information which included the itemized list of the Consent Agenda for the minutes of December 3, 2002 Regular City Council Meeting; a revised motion for Item 6.m. the Animal Ordinance; and the specifics on a sign for Item 8. Public Hearing for an appeal of a sign variance for Ken Rose Mall. Consent Agenda Mayor Busho noted that her vote on Item 6.m. Animal Ordinance Amendment to City Code and Zoning Ordinance would be a no vote. MOTION by Edwards to approve the Consent Agenda with the additional information and noting that 6.m. would have one no vote from Mayor Busho. Second by Klassen. Ayes: Cisewski, Busho, Edwards, Klassen. Nays: None, except Item 6.m. Motion passed. a. Minutes of December 3, 2002 Regular City Council Meeting b. Minutes of December 2, 2002 Special Truth in Taxation City Council Meeting c. Bills Listing d. Donation Account Expenditure for Police Department Equipment Fund e. Receipt /Expenditure of Donation Administration f. City Support Minnesota State Armory Building Commission Bond Refinancing g. Budget Amendments 2002 h. Authorize Feasibility Report for Chippendale Ave. from 149th St. to 145th St., City Proj.344 i. Change Order #1, Trunk Highway 3 Improvements, City Project 318 j. Consider Eminent Domain Proceedings, Bacardi Water Tower Site, City Project #355 k. Tree City USA Recertification 1. On Sale Liquor Licenses on Public Premise m. Animal Ordinance Amendment to City Code and Zoning Ordinance n. Resignation of Employee Public Hearing: Application for Oo Sale Liquor and Special Sunday Licenses for Montgomery Meadows Inc. at Shenanigan's, 14605 South Robert Trail Mayor Busho noted the public hearing process for the audience. The recording secretary affirrned that both of the Public Hearings this evening were properly noticed and published and that the affidavits were on file. City Clerk Jentink gave a review of the liquor license application from the pending owners of Shenanigan's located at 14605 South Robert Trail. The sale of Shenanigan's is scheduled for 1 1 1 Council had no further questions of staff or the applicant. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 2002 December 30, 2002 at which time Michael Herrmann and Jerry Herrmann would become the new owners. Police Chief Kalstabakken did a background search and found there was no legal cause for denial of this liquor license application. Jerry Herrrnamr's family operated a bowling alley /dance hall for thirty years in Lonsdale Minnesota. His son, Michael, will be the new manager at Shenanigan's. Michael is a graduate from Iowa State University. Jentink interviewed the personal references given and found the Hennann's family to be held in high regard. Fritz Dolejs, 12756 Denmark Ave., Apple Valley is the current owner of Shenanigan's. Dolejs has owned the business for seventeen years. He reported that he has enjoyed his business in Rosemount were he was always treated well by the City and staff. Dolejs noted that the Hermanns are good people and will be an asset to the business community. Michael Herrmann, 3518 North Douglas Drive, Crystal, Minnesota said he was excited about managing Shenanigan's. Herrmann stated that the business is currently run well and he did not plan to make any changes to the operations or floor plan. Mayor Busho opened the Public Hearing for audience input. There were no comments from the audience. MOTION by Busho to close the Public Hearing for the On -Sale and Special Sunday Liquor License by Montgomery Meadows Inc. Second by Edwards. Ayes: Four. Nays: None. Motion carried. Council Member Edwards stated he fully supports the change ih ownership for Shenanigan's. Edwards said he appreciates all that Fritz Dolejs accomplished, and wished the Hemnanns well in their endeavor. MOTION by Edwards to approve an On -Sale Liquor License and Special Sunday Liquor License to Montgomery Meadows Inc. for Shenanigan's, at 14605 South Robert Trail beginning January 1. 2003 pending insurance and State approval. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Nays: None. Motion carried. Public Hearing: Appeal of Board of Appeals and Adjustments Variance to Sign Ordinance for John Frayne, Ken Rose Mall, 14555 South Robert Trail City Planner Pearson reviewed the Planning Commission's process and approval of a variance for a sign 124 square feet which is 44 square feet larger than the sign ordinance allows for. This would be placed where the existing sign is on Highway 3. The variance was based on the inability of placement of three allowable signs. The sign ordinance does allow three signs that are 80 square feet but due to placement of other buildings, access points, and other business signs, it would be very difficult to allow more than one sign because business signs also need to be separated by 100 feet. On November 26, 2002 the Planning Commission did not have the specific drawing of the proposed sign until presented at the meeting. This sign was 3 feet higher than allowed and larger square footage than allowed. The Planning Commission approved it and Council Member Klassen exercised her prerogative to appeal their decision. Pearson noted ROSEMOUNT CiTY PROCEEDINGS REGULAR MEETING DECEMBER 17, 2002 options: a modified variance could be granted as Council sees fit, or to grant a sign for an appropriate area, or to deny the sign. Council Member Klassen's concern was that this sign would rival signs on County Road 42. Klassen asked City Planner Pearson to state the difference between sign regulations on County Road 42 and South Robert Trail. Pearson explained that the height is determined on County Road 42 to be 20 of the wall elevation of the building and on South Robert Trail the height of an allowed sign would be 15% of the building elevation. On County Road 42 that would be 17 feet in height and on South Robert Trail it is 12 feet in height. Rosemount Market Square was granted a variance for the clock tower sign due to it being a landmark. Council Member Cisewski questioned why the automobile repair store, which is a free standing building, would need to be on the same sign as the mall. Pearson noted that the mall owners agreed to have only one sign. The free standing building would be allowed to place a sign on the exterior wall of its building and is allowed to use the large windows on South Robert Trail for advertising. Mayor Busho invited a representative of E E Enterprises. Mrs. Linda Frayne, 11800 Eden Prairie, to give a presentation. Frayne was in favor of the sign variance. Frayne noted they have invested over $200,000 in improvements to their building in the last year. Their current sign is outdated and in need of repair. Frayne made a comparison to neighboring business signs and suggested that if the sign size was compared to the square footage of the buildings. their proposed sign could be twice the size proposed. The improved sign would especially benefit the new businesses entering the mall which could increase their businesses and improve a higher tax profit. Mayor Busho opened the Public Hearing for audience input. There were no comments offered. MOTION by Edwards to close the Public Hearing for the Appeal of Board of Appeals and Adjustments Variance. Second by Klassen. Ayes: Four. Nays: None. Motion carried. Council Member Cisewski noted her participation in the Downtown Plan and maintaining the visual scope of the traditional downtown look. Cisewski said that the variance of two and one half times larger than regulations was too drastic a change from the allowable sign ordinance. Cisewski noted she has tried to be consistent and had voted against other signs that were not in the best interest of the community. Cisewski applauded the improvements to the mall. Mayor Busho asked what would be allowable for signage at the mall. Pearson said one 80 square foot sign on South Robert Trail and possibly one on 145th Street West. Linda Frayne said their current sign is 120 square foot. The proposed sign is not two and one- half times larger than allowable. Cisewski made a suggestion to allow an option to change the sign variance to 120 square feet, limiting the height to 20 feet, and allow only one ground sign on Highway 3 (South Robert Trail). Edwards indicated that would be acceptable to him. Busho asked about removal of the auto business sign on the roof and removal of banners from the exterior of the mall. The roof 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 2002 sign has gone to court with a jury trail. That trail has been continued five or six times. Pearson noted that the variance should be granted on its own merit, in tens of the limited site, not as a trade off of removing a prohibitive sign. However, a condition of a building pemrit could be used to insure removal of the roof sign. Mrs. Frayne noted she was hoping for a larger sign than what is currently there. More tenants are coming into the building and more signage space is needed. Six new office spaces are being added. Council Member Cisewski interpreted that the applicant was not willing to compromise. MOTION by Cisewski to overturn the Board of Appeals and Adjustments. Second by Edwards. Ayes: Cisewski, Edwards, Klassen. Nays: Busho. Motion carried. Conditional Use Permit Amendment Fiber Optics To The Home Council Member Edwards noted that the original discussion of Fiber Optics To The Home specified that there would not be an antenna fame and now they are requesting three antennas of ten feet and fourteen feet wide dishes. Edwards suggested tabling this until the January' meeting because he would not be in favor of this amendment. City Attorney Vose noted that the 60 Day Rule may apply. Nonnally the Conditional Use Permit expires after one year. Pearson said an extension for 120 days could be applied for. MOTION by Edwards to table 10a. Conditional Use Permit Amendment Fiber To The Home. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski. Nays: Busho. Motion to table carried. Point of Privilege Council Member Klassen called a point of privilege. Klassen reflected on the past accomplishments that have enhanced the quality of life for the residents of Rosemount. Klassen noted the shopping and services available from the Cub Food development, the Rosemount Business Park, and Highway 3 reconstruction as the first step in downtown redevelopment. Klassen thanked city staff and colleagues who shared in these accomplishments. Klassen thanked the residents of Rosemount who elected her. Klassen stated it was with great regret that she submits her resignation from the Rosemount City Council and Rosemount Port Authority effective Friday. December 20. 2002. MOTION by Edwards to receive and accept with regret Council Member Klassen's resignation effective December 20, 2002. Second by Cisewski. Ayes: Edwards, Cisewski, Busho. Nays: None. Motion carried. City Attorney Vose related state law that a resolution acknowledging a resignation would not allow a resignation to be withdrawn. Vose stated he was not suggesting that City Council act on a resolution. Busho noted that neither she nor the City Clerk had yet received the written resignation of Council Member Klassen. Council Member Klassen then did provide the City Clerk with a written resignation letter. Announcements Mayor Busho noted the holiday hours of city hall. January 7 will be the sweating in of new officials at 5:50 p.m. prior to the Port Authority meeting at 6:00 p.m. with the City Council at 7:30 p.m. Mayor Busho extended her thanks as this is her last formal meeting. She said she enjoyed serving the citizens of Rosemount and appreciate the support over the last twelve years. The meeting was adjourned at 8:20 p.m. The City Council Agenda Packet is Clerk's File 2002 -39. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 2002 Respectfully submitted, City Clerk Linda Jentink Recording Secretary