HomeMy WebLinkAbout33716 - JANUARY - DECEMBER 2003ROSEMMOUNT CITY PROCEEDINGS
REGULAR MEETING
JANUARY 7, 2003
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, January 7, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145th Street West.
Mayor Droste called the meeting to order with Council Members Shoe Corrigan, DeBettignies,
and Riley present. (The mayor elect and council members elect were given the Oath of Office
preceding the Port Authority meeting at 6 p.m.. January 7, 2003.) Also in attendance were
Interim City Administrator/ Police Chief Kalstabakken, City Attomey LeFevere, Community
Development Director Parsons, Parks and Recreation Director Schultz, City Engineer Brotzler,
City Planner Pearson, Fire Chief Aker and Fire Captain Bailey. The meeting was opened with
the Pledge of Allegiance.
Mayor Droste started off the meeting by welcoming the new l ouncil Members Kim Shoe
Corrigan and Mark DeBettignies and returning Council Member Mary Riley. He also thanked
his predecessor Mayor Cathy Busho for her years of service to the citizens of Rosemount in both
an elected and volunteer capacity. He then also thanked previous Council Members Edwards,
Cisewski, and Klassen for their service.
Agenda Changes
Interim City Administrator Kalstabakken presented an add -on item of 6.p. Hiring of Tiny Tots
Instructor to the consent agenda. Additional information was also provided to Council for item
7.a. Conditional Use Permit Amendment for Fiber Optics to the Horne and a letter in favor of the
improvement.
Department Head Reports
Fire Chief Aker presented 14 firefighter recruits to the City Council. Aker noted it was the
largest number of firefighters added at once, bringing the total number of 44 members, also the
highest number of firefighters on the department ever. He presented Recruitment Captain Dave
Bailey, who in turn introduced twelve of the fourteen new firefighters.
MOTION by DeBettignies to approve the hire of Phillip Boehne, Michael Cordes, Jacob
Ganfeld, Chad Gantield, Kerry Hiben, Shawn Hill, Brad Miller, Dale Olson, Jacob Rylander,
Robert Sciamanda, Tom Strese, Bruce Sword, Nathan Toso, and Greg Zeno to the position of
Firefighter. Second by Riley. Ayes: Shoe Corrigan, DeBettignies, Riley, Droste. Nays: None.
Motion passed.
Consent Agenda
a. Minutes of December 17, 2002 Regular City Council
b. Bills Listing
c. Receive Donation Administration
d. Naming Depositories and Financial Institutions
e. Appointment of Weed Inspector
f. Designation of Official Newspaper
g. Appointment of Acting Mayor
h. Resignation of Employee
i. Approve Joint Powers Agreement 2003 Traffic Marking, Cracksealing and Sealcoating
j. Receive Bid and Award Contract Bloomfield Park
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JANUARY 7, 2003
k. Approve Payment #3 and Final South Rose Park Street Utility Reconstruction, City
Project #325
1. Authorize Request to Mn/DOT for Speed Study Chippendale Avenue (145th to 160th
Street)
m. Approve Plans Specifications Authorize Advertisement for Bids Roundstone Street
Utility Improvement Project, City Project #361
n. Roundstone Final Plat and Subdivision Agreement
o. Linder's Flower Mart Seasonal Pemnit Renewal
p. Hiring of Tiny Tot Instructor (ADD -ON)
MOTION by Riley to approve the Consent Agenda. Secbitd by Droste. Ayes: Shoe Corrigan,
DeBettignies, Riley, Droste. Nays: None. Motion passed.
Conditional Use Permit Amendment Fiber Optics to the Home (FTTH)
City Planner Pearson presented the item which was being carried over from the December 17,
2002 Council meeting. The property concerned lies on the NE comer of Shannon and Evermoor
Parkway. A conditional use permit (CUP) was initially granted for a small building to house a
fiber optic collection area with the intention that the permit be renewed or amended when the
developer moved to install satellite dishes on the site.
The antennas now being proposed are two -10 foot diameter dishes and one -14 foot diameter
dish; these antennas are larger and more visible than originally proposed. The developer is
willing to screen the antennas and is also proposing that the antennas be located there on a
temporary basis only. Staff is proposing two alternatives to move the issue forward: 1) adopt an
amended CUP to allow the antennas or 2) prepare an Interim Use Permit (IUP) allowing the
antennas for a period of 18 months.
Riley asked to clarify the number of antennas that are being proposed. Pearson said the number
was three. Droste asked why the proposed antennas could not be installed on the back side of the
building as originally proposed. Mike Walder with Fiber to the Horne (FTTH) came forward to
answer the Mayor's question. Mr. Walder stated that the initial system that was proposed had
poorer quality technology and that the new teclunology restricts therm from placing the satellites
where they were initially proposed. Droste then asked if the applicant would accept either an
IUP or a CUP. Mr. Walder said their concern would be one of timing and whether they could
move forward as quickly under an IUP as they could under a CUP. He said that fiber is being
provided to two schools and to the City and under this commitment the dishes are to be relocated
within one year. He also stated that FTTH had contacted the neighbors, and he had a letter from
one of the homeowners supporting the proposal. He presented the letter to Recording Secretary
Graff to enter into the record.
DeBettignies asked if dishes will serve all the properties in the development. Mr. Walder
indicated that it will serve the properties and out of the area as well. Droste clarified that no
additional dishes will be required to add additional service, the proposed dishes would pull down
the signal and then the signal would be broadcast over the fiber, providing service to the entire
metro area if ever necessary. DeBettignies asked why three dishes were needed. Mr. Walder
confirmed that three dishes are needed to provide the channel line -up being presented. Shoe
Corrigan asked for clarification and then asked if the issue would come back when the satellites
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JANUARY 7, 2003
are relocated. Pearson stated that the issue may not have to come back if the new property is
zoned commercially, however if there is a zoning problem it may come back to Council. Riley
asked the applicant if 18 months was an acceptable timeline. Mr. Walder indicated that the
Planning Commission had granted the additional six months and that FTTH felt that the 12
month period would be adequate.
Droste then asked Pearson how to proceed with the IUP. LeFevere added to this discussion,
asking if satellite dishes are listed as potential interim uses in the RI zone. Pearson stated that
satellite dishes are permitted accessory uses. LeFevere then stated that since dishes are not listed
as interim uses in the RI, technically the IUP route would require an ordinance amendment
which would take longer. For an IUP the ordinance must specify that this kind of use is
potentially an interim use. LeFevere wondered if it would it work to treat this issue as a PUD
amendment requiring that the declaration be amended with an addendum to the declaration that
has an 18 month term. Pearson agreed saying that he thought the PUD could be amended for
that purpose. LeFevere went on to say that as long as direction is clear, it would just be a matter
of documentation.
Shoe Corrigan asked if they would go with the 18 months or go with 12 months with one
opportunity for renewal. Droste then asked if an amendment to the PUD could have the
language clarifying the period of time. Pearson stated that yes, a minor PUD amendment could
be structured to cover those contingencies. Droste asked if the motion would be to modify the
PUD with language to be brought back to the next Council meeting. LeFevere stated that as long
as Council was comfortable that the terns and conditions having been sufficiently defined, the
PUD amendment wouldn't have to come back to Council.
DeBettignies gave some satiiple language for a motion. Pearson asked to call it a minor PUD
amendment. LeFevere clarified motion to read as follows: Motion to provide a minor PUD
amendment to allow three antennas subject to the condition that: 1) they be removed in 12
months unless the Council approves an extension; 2) that the location be adjusted to eliminate
any setback encroachments consistent with all applicable zoning standards including Section
7.2.B.C. and 7.2.C.F.; 3) that the dish anteimas be visually screened from adjacent residential
uses with significant landscaping; and 4) that the declaration of covenants be amended to provide
for these amendments. DeBettignies asked that LeFevere's language be brought fonvard as the
motion.
MOTION by DeBettignies to provide a minor PUD amendment to allow three antennas subject
to the condition that: 1) they be removed in 12 months unless the Council approves an extension;
2) that the location be adjusted to eliminate any setback encroachments consistent with all
applicable zoning standards including Section 7.2.B.C. and 7.2.C.F.; 3) that the dish antennas be
visually screened from adjacent residential uses with significant landscaping; and 4) that the
declaration of covenants he amended to provide for these amendments. Second by Droste. Ayes:
DeBettignies, Riley, Droste, Shoe Corrigan. Nays: None. Motion passed.
City Council Vacancy
Interim Administrator Kalstabakken gave the history of the item reviewing Council Member
Klassen's resignation and the passing of the special election ordinance that was passed. He
stated it was now up to the Council to decide how to proceed. Droste asked LeFevere to
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REGULAR MEETING
JANUARY 7, 2003
comment on the legal issues involved. LeFevere said two decisions are required: 1) How to fill
the vacancy. LeFevere said this was entirely within the Council's discretion but that Council is
required by law to fill vacancy until an election is held. The appointment must occur regardless
of whether election is in 60 days or in November 2004. 2) Next the Council must determine
whether or not to conduct an election to till the vacancy. By law, statutory cities such as
Rosemount generally fill by appointment when a vacancy occurs. However, according to the
new special election ordinance, if the Council is required to call a special election within 60 to 90
days. Lefevere then discussed some options for proceeding with a special election.
Council Member Riley stated that while the election process is a fair process she felt that an
election must serve the people. She stated that the she felt that the residents have spoken out and
do not want to spend $10,000 to put on a special election. She is concerned over a low turnout
and the state's financial opinion to rescind the ordinance and she asked the City Attorney about
what the language should be. DeBettignies stated he would support a repeal of the special
election ordinance. Shoe Corrigan also stated her support to rescind the ordinance.
DeBettignies asked if the ordinance is repealed what is the term of the open seat. LeFevere
stated that the tern would expire at the end of 2004. Droste stated that he was also in agreement
with the comments. LeFevere stated that repealing the special election ordinance also takes an
ordinance, though it doesn't require a public hearing, merely a majority of the Council.
LeFevere also stated that preparing the ordinance action didn't require a motion, rather it just
needs to be brought back for action at the next meeting.
Droste then moved back to the process to appoint and asked LeFevere how to go about it.
LeFevere stated that if there is an obvious choice, the Council could make appointment by
motion at any time. However, it is more common to advertise to the public that applications will
be received for a period of time. LeFevere also stated that the Council doesn't have to decide
about the application process at the outset, but rather deterine the process based upon the
number of applicants that respond. LeFevere noted that it is important for Council to get another
member, especially to move items such as public improvements forward. Following this
discussion, DeBettignies proposed that the application period be two weeks from the time the
notice was made public in the newspapers. Droste clarified this action with Interim
Administrator Kalstabakken and that no motion was necessary.
Council Meeting Dates
Interior Administrator Kalstabakken gave the history of the item reviewing the need of the
Council to temporarily modify the day of the City Council meetings to the first and third
Thursdays at 7:30 p.m. Droste stated that this was temporary in nature affecting the meetings
from February through April. Riley clarified that in May the meetings would return to the first
and third Tuesday of the month. DeBettignies made a motion to move the regularly scheduled
City Council meetings to the first and third Thursdays of the month beginning in February and
proceeding through April 2003.
MOTION by DeBettignies to move the regularly scheduled City Council meetings to the first
and third Thursdays of the month beginning in February and through April 2003., Second by
Shoe Corrigan. Ayes: Riley, Droste, Shoe Corrigan, DeBettignies. Nays: None. Motion passed.
Announcements
Mayor Droste reviewed upcoming meetings and events through the next Council meeting.
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The meeting was adjourned at 8:37 p.m.
The City Council Agenda Packet is Clerk's File 2003 -01.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JANUARY 7, 2003
Respectfully submitted,
Paula A. Graff
Recording Secretary
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MEETING
JANUARY 15, 2003
Pursuant to due call and notice thereof a regular work session, Committee of the Whole, meeting
of the Rosemount City Council was duly held on Wednesday, January 15, 2003, at 6:30 p.m. in
the Council Chambers at City Hall, 2875 145th Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Riley. and Shoe
Corrigan present. Also in attendance were Interim City Administrator/ Police Chief
Kalstabakken, Community Development Director Parsons, Parks and Recreation Director
Schultz. City Engineer Brotzler, Consultanting Engineer Pete Willenbring from WSB and
Finance Director May.
Resident Charlie Koehnen, 12255 Rich Valley Boulevardd, related that he had reported illegal
dumping in eastern Rosemount which he felt had not been handled effectively. Koehnen also
noted that there should be a limit on the length of time a building pemmit is valid. He has
knowledge of a building permit project that has not been completed for twelve years. Police
Chief Kalstabakken noted that Akron Avenue by the U of M is constantly being used as a
dumping ground. If mail or labels in the trash can establish where the items came from, those
people are contacted to get it picked up or a misdemeanor violation is issued. Mayor Droste
noted that city goals will be reviewed in March so building pemiits will be considered at that
time.
2003 Budget Update
Finance Director May reviewed how the budget could reflect the loss of 5400.000 in state aid. In
2003 the revenues for administrative fees are already 5114,000 over what was expected, which
will help balance the shortfall. Items that were budgeted for that can be postponed are: $143,142
from undesignatecl Street CIP, 512,000 for a planning consultant, 517,500 for a planning intern,
55,000 for cable casting of the Port Authority meetings, S30,000 for cable programming, and
$20,000 for a motor pool vehicle. These items total $341,247. May explained that the City's
market value credit could also be changing depending on how the State of Minnesota deals with
its deficit. Rosemount's fund balance is between 60% and 70% which means it is in good shape.
Droste noted that because Rosemount is growing, this gives us additional revenues now,
something other cities don't have. May said staff will continue to budget conservatively. Updates
will be given as information becomes available through the weekly updates.
Comprehensive Stormwater Management Plan
Pete Willenbring from WSB Engineering presented the Comprehensive Storm Water
Management Plan (CSMP) that has been developed over the past two years. The need for this
update to the City's CSMP was very evident after the flooding that occurred due to the storms in
spring and summer of 2000. At this time, Rosemount does not have a storm water outlet to the
Mississippi River. All of the City's storm water is able to infiltrate into the ground. The previous
CSMP included the future constniction of an outlet to the Vermillion River. In response to the
allowable rate and volume of storm water discharge to the Vermillion River becoming more
restrictive, the proposed CSMP includes the redirection of stonn water from the City to the
Mississippi River instead of the Vermillion River. City Staff has been working with Metropolitan
Council to review the feasibility of combining a stonn water outfall for the City with the
proposed Empire Waste Water Treatment Plant (WWTP) outfall that will be routed through
Rosemount.
ROSEMOUNT CITY PROCEEDINGS
C6MMITTEE OF THE WHOLE MEETING
JANUARY 15. 2003
Willenbring reviewed the water resources inventory for Rosemount. A hydraulic computer
model was developed for Rosemount that can be used to predict the volume and rate of storm
water nmoff within the City. Public meetings were held to receive concerns from residents. In
some cases. corrective action is indicated as part of the CSMP. Section 6 of the Plan outlines the
proposed steps to implement the CSMP. Council asked clarification questions about several lake
areas.
With regards to the feasibility of combining a st6rni wafelt outlet for the City with the Empire
WWTP outfall, the MCES is concerned that the permitting of their project may be delayed by the
Minnesota Pollution Control Agency (MPCA) if a request is made to combine the two systems.
Staff will continue working with the Metropolitan Control Environment Services (IvICES) to
determine a solution to the situation. Staff has met with State Representative Ozment and
Senator Knudson regarding this issue. The estimated cost for the City to construct a separate
outfall to the Mississippi River is approximately $30,000,000 compared to an estimated cost of
$5,000,000 to complete a combined outfall project with MCES. City Engineer Brotzler indicated
that storm water trunk fees may be raised this year.
Port Authority, Commission and Committee By -Laws
Interim City Administrator Kalstabakken noted that terms were changed to one year for the
Planning and Parks and Recreation Commissions in April 2001. Utility and Port Authority
citizen positions terms remain at 3 years. Council discussed beginning rotation of terms by
returning them to 3 year terms with 1, 2, and 3 year terms to always allow some experienced
commissioners to continue. Changes to the policy were discussed to accomplish this. Staff was
directed to issue a letter to all Parks and Recreation Commissioners, all Planning
Commissioners, and Utility Commissioner Mulhem asking if they desire to return to their
commission and which length of term worked best for them. The selection process will continue
in February.
Council Staff Retreat
Interim City Administrator Kalstabakken discussed hiring a facilitator to help focus a goal
setting session. The hiring process for the new city administrator is progressing well. It would be
beneficial to include the administrator if possible. The Carver plan was discussed. A tentative
date of March 14 15 was agreed on.
Library Site Selection Process
Community Development Director Parsons received a letter from the Library Board at Dakota
County requesting a conmmittee to work jointly to find a library site in Rosemount. Council
Member Kim Shoe- Corrigan and Mark DeBettignies volunteered to participate. Staff members,
City Planner Pearson and Community Development Director Parsons would also participate.
Parsons asked for direction. Council Member Riley referred to the minutes of June 12, 2002
requesting a mixed use be used with the library site. Several sites were discussed. Information
will be brought to the Library Board.
Council Agenda Setting Process
Interim City Administrator Kalstabakken noted that staff issues are driven by process.
Kalstabakken requested direction of who and how the agenda should be compiled and the
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COMMITTEE OF THE WHOLE MEETING
JANUARY 15, 2003
approval needed. All Coiincil concluded that the Mayor would consider the agenda with the city
administrator. So Council Members could either contact the Mayor or City Administrator to
place an item on the agenda or by stating the request at a regular Council meeting or work
session.
December Trail Update
City Engineer Brotzler reviewed the traffic issue viewed by residents along December Trail as a
concern with speed of traffic and volume of traffic. Brotzler discussed signage, striping, traffic
volumes, and recorded speeds. Brotzler noted that changing traffic patterns would only shift the
problem elsewhere. Police patrols stated that December Trail is too windy to encourage
speeding. A "no thni traffic" sign could be added. It was stated that with further development in
the area, more traffic will occur. Mayor Droste suggested that further education with residents
may increase reasonableness. No consensus was reached. Staff will continue to monitor this
traffic issue.
SKB Environmental, Inc.
Community Development Director Parsons updated Council on the proposed expansion to the
landfill waste storage facility requested by SKB Environmental, Inc. Our current zoning
regulations limit the facility capacity to 200,000 cubic yards and SKB is asking for 5,000,000
cubic yards capacity. The community does benefit from a trust fund and the City from tipping
fees. Additional road improvements and the final land use once it would be filled were discussed.
Conditions can be negotiated into an agreement. The process calls for a zoning text amendment,
Planning Commission approval, and then City Council approval.
Animal Ordinance Update
Interim City Administrator Kalstabakken led a discussion on the changes implemented by the
new animal ordinance which did clarify some issues. The ordinance has been used by the City of
Rochester for the last six years and brings many animal issues up -to -date for Rosemount. The
"dangerous dog" requirements brought us into compliance with state statutes. Staff will continue
to adopt policy to process.
Additional Topics
Parks Recreation Director Schultz requested approval to move forward with Leprechaun Days
planning meetings and contract. Mayor Droste indicated that would be fine.
The SKB Trustee appointment by Council will be soon. Council has been asked to recruit
someone. Mayor Droste has had a one year term. Staff was considered, but a perceived conflict
of interest may exist. Mark Jacobs and John Howard are likely candidates.
Mayor Droste suggested an open house for Council to talk with residents. It was determined that
it would be called Town Hall Open Forum and will be held on Saturday, February 22, 9 a.nt. to
noon.
The meeting was adjourned at 1 1:05 p.m.
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The City Council Agenda Packet is Clerk's File 2003 -02.
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MEETING
JANUARY 15, 2003
Respectfully submitted,
Linda Jentink
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JANUARY 21, 2003
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, January 7, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145th Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies and Riley present.
Council Member Shoe Corrigan was absent. Also in attendance were Interim City Administrator/
Police Chief Kalstabakken, City Attorney LeFevere, Community Development Director Parsons,
Parks and Recreation Director Schultz, City Engineer Brotzler, Consulting Engineer Bret Weiss
from WSB and Consulting Engineer Anthony Aderhold from WSB.
The meeting was opened with the Pledge of Allegiance.
There were no changes to the agenda and there were no public cotmftents or response to public
comments.
Consent Agenda
a. Minutes of January 7, 2003 Regular City Council Pulled for discussion
b. Bills Listing
c. Receive Donation for Fire Department
d. Appointment of Commissioner and Alternate for Minn. Valley Transit Authority (MVTA)
e. Appointments to Library Committee
f. Transfer Loan for Flexible Spending Account
g. 2003 Solid Waste Hauler Licenses
h. New Positions in 2003
i. D.A.R.E. and Police Services Agreement
j. MnIDOT Traffic Control Signal Agreement
k. Authorization to Accept Quotes and Purchase Financial Accounting Software
MOTION by Droste to approve the Consent Agenda. Second by Riley. Ayes: Droste, Riley,
DeBettignies. Nays: None. Motion passed.
Repeal of Special Election Ordinance
Interim Administrator Kalstabakken presented the item stating that as Council had requested that
the item come back with repeal language prepared by City Attorney LeFevere. The language
merely indicates that the section is repealed. Riley asked whether the Council needed anything
else in writing as they go through the appointment process to which LeFevere responded no.
MOTION by Riley to amend the City Code by repealing Section 5 -1 3, "Election to Fill
Vacancies." Second by DeBettignies. Ayes: Riley, Droste, DeBettignies. Nays: None. Motion
passed.
Receive Feasibility Report for Bloomfield 5 8 Addition Street and Utility
Improvements/ Approve Project/ Order Plans Spec's Bloomfield 5 Addition Street
Utility Improvement, City Project #364
Consultant Engineer Bret Weiss from WSB presented the feasibility report for Bloomfield
Additions 5 8, the four remaining additions of the plat. The 5' 6 and 8' Additions have
already been graded; the 7 Addition was left out to address some wetland and buffer issues.
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REGULAR MEETING
JANUARY 21, 2003
These issues have since been attended to and grading for the 7th Addition may be completed this
summer. Weiss stated that all four additions are being looked at now so that Council understands
what core funds will be expended and also so the developer understands the cost of street and
utility improvements for the remainder of the development. Weiss stated that the only addition
scheduled to be constructed in 2003 is Bloomfield 5 Addition.
Weiss stated that the core funds being proposed for expenditure in Bloomfield 5` Addition are
Storm Sewer Core Funds to address the construction of trunk storm water facilities extending
from the north side of the railroad tracks into the Bloomfield development. Core funds from the
Water Core Fund and Sanitary Sewer Core Fund are also being proposed for expenditure in order
to oversize trunk facilities. Those core fund amounts to approximately $46,000 from the Storm
Sewer Core Fund and $4,500 from the Water Main Core Fund for the 16" water main that runs
along Auburn Avenue. Bloomfield 6 Addition will utilize Water Main Core Fund for the same
trunk water main and a small portion of Sanitary Sewer Core Fund for increasing the size of the
sanitary sewer. Bloomfield 7 Addition has the majority of the funds going toward trunk
sanitary sewer and water main extending through the addition to the north side of the railroad
tracks. Bloomfield 8 Addition will only require some trunk water main extensions. The costs
not covered by the core funds will be paid by Centex Homes, the project developer. Weiss then
went on to detail the costs associated with each of the additions.
Weiss noted that in Bloomfield 5 Addition plat there is a lateral lift station that will be
constructed because the existing Metropolitan Council line is too shallow to accommodate the
extension of gravity sewer service to the entire 5' Addition. This small lift station will service
25 -30 homes in the area. The developer will bear the costs to build the station while the City
will incur on -going costs to maintain the lift station. Weiss then went on to detail the timeline
for the project.
Mayor Droste asked why the storm sewers on Connemara are constructed to handle a 10 -year
event storm while trunk storm sewers are designed to handle a 100 -year event. Weiss responded
that a 10 -year event stomr sewer is the standard design capacity for a neighborhood stone sewer;
this handles normal rainfall amounts. A 100 -year flood event is typically handled through
overland flow and ponding; it is impractical to size a storm sewer for an event that has a 1%
chance of occurring in any given year. Instead systems are designed for the water to take
overland routes through drainage swales and emergency overflow swales. Droste asked if the
primary pond was the one next to County Road 42. Weiss stated that there are two primary
ponds. one lying next to County Road 42 and another pond on the north side near the railroad
tracks. Currently the City infiltrates storm water and Weiss went on to describe the ways the
water is infiltrated.
Droste then asked if Centex was in the process of a PUD approval for the 5 Addition. City
Engineer Brotzler stated that they are in the process of final plat approval. The final plat has
been through the Planning Commission and staff is now preparing the Subdivision Agreement
for the plat. Once complete, staff will return with the final plat for Council approval, most likely
at the second meeting in February. Droste then asked if staff was working on the language
regarding storm water. Weiss stated that issues regarding storm water are addressed when
grading the site and as part of the final plat process staff assures that issues like stone water have
been addressed.
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REGULAR MEETING
JANUARY 21, 2003
Weiss added that Connemara Trail will have an overpass across the railroad tracks in the future.
As part of the approved grading plan, the developer is grading the approach in order to
accommodate the future overpass. DeBettignies asked about grading for the sanitary sewer and
water in the area and whether those costs have been factored in. Weiss stated that those costs are
included but the actual sanitary sewer and water utilities will be offset otherwise they would be
too deep for the City to service due to the amount of fill that will be used to build up the
approach for the overpass.
Droste then asked about the streets in the addition. Weiss stated that Auburn will extend from
County Road 42 and then "T" into Connemara Trail and that Connemara will extend all the way
across to Akron Avenue. Droste then asked if Connemara at 52 feet is wide enough for four
lanes. Weiss stated that a street 52 feet wide accommodates four 13 foot lanes. Also,
Connemara is currently striped for two lanes with shoulders, though in the future it could be
striped for four lanes but without shoulders. Weiss stated that the two lanes with shoulders
should meet local traffic volumes. Droste then asked the number of lanes that a 42 foot wide
street like Auburn could accommodate. Weiss stated that 42 feet accommodates two lanes, with
an additional third turning lane in the middle if necessary. Weiss added that the anticipated
traffic volumes should also be sufficiently handled by two lanes. Droste then asked if there
would be a full intersection at County Road 42 to which Weiss responded yes. DeBettignies
then asked if any homes along Akron or Connemara had direct access to the streets to which
Weiss indicated no. DeBettignies indicated he was concerned about parking along Akron or
Connemara to which Weiss indicated there would not be parking on these streets.
MOTION by DeBettignies to Adopt a Resolution Receiving the Feasibility Report for
Bloomfield 5 8' Addition Street and Utility Improvements, Approving the Project and
Ordering Plans and Specifications for the Bloomfield 5' Addition Street and Utility
Improvements, City Project #364. Second by Riley. Ayes: DeBettignies, Droste, and Riley.
Nays: None. Motion passed.
6.a. Minutes of January 7, 2003 Regular City Council
Council Member DeBettignies asked that the minutes be amended to show that to reflect that the
Oath of Office took place preceding (not proceeding) the January 7, 2003 Port Authority
meeting.
MOTION by DeBettignies to Approve the Minutes of the January 7, 2003 City Council
Meeting. Second by Droste. Ayes: Droste, Riley, DeBettignies. Nays: None. Motion passed.
Town Hall Open Forum
Mayor Droste stated that a date of February 22, 2003 from 9:00 a.m. to noon is being set for the
Council to hold a Town Hall Open Forum. This forum is designed to encourage a dialogue
between citizens, businesses and the Council. Since goal setting is on hold while recruiting for a
City Administrator position and City Council Member, the Council sees this as a good
opportunity to hear from all citizens. Droste state that he hoped this forum would provide
citizens an easy opportunity to raise issues with the Council. If attendance to the event is strong,
Droste stated that Council may hold another forum in the future.
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MOTION by Droste to set Special Meeting Date of Saturday, February 22, 2003 from 9:00 a.m.
to noon for the purpose of holding a Town Hall Open Forum. Second by Riley. Ayes:
DeBettignies, Riley, and Droste. Nays: None. Motion passed.
Announcements
Mayor Droste reviewed upcoming meetings and events through the next Council meeting, noting
that the next meeting will occur on Thursday, February 5. 2003 at 7:30 p.ni. Council Member
Riley then noted on the calendar that the Town Hall Open Forum is scheduled for February 22
not March 22nd.
The meeting was adjourned at 7:53 p.m.
The City Council Agenda Packet is Clerk's File 2003 -03.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JANUARY 21, 2003
Respectfully submitted,
Paula A. Graff
Recording Secretary
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Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Thursday, February 6, 2003, at 7:30 p.m. in the Council Chambers at City Hall,
2875 145th Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan,
and Riley present. Also in attendance were Interim City Administrator/ Police Chief
Kalstabakken, City Attorney LeFevere, Community Development Director Parsons, Parks and
Recreation Director Schultz, City Engineer Brotzler, and Finance Director May. The meeting
was opened with the Pledge of Allegiance.
There were no public comments or response to public comments.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 6, 2003
The agenda was amended by adding item 8.c. Council Work Session Committee of the Whole
Meeting Date Changes.
Reallocation of Debt Service Funds
Finance Director May explained the process of reallocating surplus debt service funds due to
the defeasance of several bonds. Approximately $8,400,000 in bonds were called and defeased
last month which reduced our debt load and saved future interest payments. Some of these bonds
will also have special assessment collections in the future which will add to their surplus. This
surplus will be applied to other outstanding debt issues. The proposed resolution will allow staff
the ability to use these future surplus funds by reallocating them to other debt. This surplus will
be applied to the 1998A bond issue.
MOTION by Riley to adopt a RESOLUTION ALLOCATING SURPLUS FUNDS. Second
by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried.
Consent Agenda
a. Minutes of January 21, 2003 Regular City Council Proceedings
b. Minutes of January 15, 2003 Committee of the Whole
c. Bills Listing
d. Receive Donation for Parks Recreation Department
e. Declare Surplus Equipment for Parks Recreation Department
f. Authorization to Accept Quotes and Purchase File Servers and Accessories for City
g. Encumbrance of 2002 Budget Items Forward to 2003
h. Change Order #2, Evemtoor Drumcliffe Street Utility Improvements, C.P. 348
i. Payment #3 Final Brockway Draw Sanitary Sewer Extension, City Project 343B
J. Receive Plans Spec's /Authorize Ad for Bid Eastside Watetntain Phase 2, C.P. 345
k. No Parking Signs for Connemara Trail
1. Bard's Crossing Minor PUD Amendment for Wensmann Homes
m. Mineral Extraction Permit Renewal for Solberg Aggregate Co. /Flint Hills Resources
n. Receive Letter of Appeal and Set Public Hearing Gary Wendy Raak
o. Set February Special Meetings for City Council
MOTION by DeBettignies to approve the Consent Agenda. Second by Riley. Ayes: Shoe
Corrigan, Droste, Riley. DeBettignies. Nays: None. Motion passed.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 6, 2003
Residential Development Concept for Basic Builders
Community Development Director Parsons reviewed a concept plan to build twin homes east of
the Rosemount Woods mobile home park. The railroad tracks would border the west side of the
development. There are forty units proposed with 20 twin home lots which puts the density at 2.9
dwelling units per acre. A comprehensive plan amendment would be required to change the land
use designation from Public Institutional to Urban Residential.
Attorney Reid Hansen representing Basic Builders, gave an historical review of the land use.
Hansen noted the land was agricultural and then was guided to Public Institutional when a
request for an Islamic cemetery was made in 1993. The Dakota County 1-IRA proposed
townhomes in 1999 when a moratorium was placed on new projects until Metropolitan Council
approved the new Comprehensive Guide Plan for 2020. Hansen requested the zoning be changed
to Urban Residential which is compatible with the surrounding development.
Council Member Kim Shoe- Corrigan asked about the outlot north of Connemara Trail. City
Engineer Brotzler noted that lot would remain vacant to support storm water ponding. Shoe
Corrigan requested that language similar to what Claret Springs East development used be
applied to buffer the area near the railroad tracks.
Community Development Director Parsons was asked how Metropolitan Council may perceive
the land use amendment. Parsons stated that this should be considered a minor amendment and
with the density increase it should better meet Metropolitan Council's goals. Parsons noted that
they should respond within sixty days.
MOTION by Riley to adopt A RESOLUTION APPROVING THE CONCEPT FOR
URBAN RESIDENTIAL HOUSING ON THE MCMENOMY- HERTOGS PROPERTY
WITH CONDITIONS. Second by Droste. Ayes: Droste, Riley. DeBettignies, Shoe Corrigan.
Nays: None. Motion carried.
Amend the 2003 Fee and Fee Policy (Parks Rec. Park Dedication Fee Policy)
Parks Recreation Director Schultz presented two recommended changes to the 2003 Fee
Resolution. Fee reservations for the community center ice arena are recommended to include
language to protect against revenue loss from those who reserve ice and then later cancel their
reservation. This will exclude RAAA, Rosemount High School, or I.S. D. 196 since they have
proved to follow through on their reservations and payments. Schultz further explained the basis
for the increase to park dedication fees. The fair market value was assessed by an appraisal
service which recommended S90,000 per acre for a commercial subdivision, 545,000 per acre for
industrial subdivision, and S45,000 per acre for a new residential subdivision. The Parks and
Recreation Commission mtission recommend approval as well as staff.
MOTION by Riley to approve A RESOLUTION AMENDING THE RATES AND FEES
FOR 2003, RESOLUTION 2002 -153. Second by DeBettignies. Ayes: Riley, DeBettignies,
Shoe Corrigan, Droste. Nays: None. Motion carried.
Council Work Session Committee of the Whole Meeting Dates
Interim City Administrator Kalstabakken noted that schedule conflicts of the Council prompted a
recommendation to change the one meeting a month of the Committee of the Whole from
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Wednesdays to Thursdays for February, March and April. The dates of the meetings would be
February 13, March 13, and April 10.
MOTION by DeBettignies to set the Committee of the Whole meetings for the next three
months to February 13. March 13, and April 10, 2003. Second by Shoe Corrigan. Ayes:
DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried.
Announcements
Mayor Droste reviewed upcoming meetings and events through the next Council meeting, noting
that the next Utilities Conunission meeting will begin at 5:30 p.m. February l0
The meeting was adjourned at 8:01 p.m.
The City Council Agenda Packet is Clerk's File 2003 -04.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 6, 2003
Respectfully submitted,
City Clerk Linda Jentink
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
FEBRURARY 6 and 8, 2003
Pursuant to due call and notice thereof, a Special meeting of the Rosemount City Council was
duly held on Thursday, February 6 and Saturday February 8, 2003, in the Council Chambers at
City Hall, 2875 145 Street West. To accommodate all the applicants, one applicant was
interviewed on February 6 and nine applicants were interviewed on February 8`
Mayor Droste called the meeting to order with Council Members Shoe Corrigan, Riley, and
DeBettignies present. Also present was Acting City Administrator Police Chief Kalstabakken.
Council conducted interviews with Steve Foley on February 6` at 7:00 p.m. The following nine
applicants were interviewed on Saturday, February 8` beginning at 9:00 a.m.: Dave Anderson,
Maureen Geraghty Bouchard, Diana Lynn Kallevig, Casey Dean Wollschlager, Steve P. Wilson,
Stuart Lieber. Mike Lindsay, Kevin Strayton. and Mary Beth Brejnik.
Council was impressed with the exceptional qualifications of all the applicants. The City Council
will appoint the new Council Member at its February 20` meeting.
Mayor Droste and City Council unanimously adjourned the special meeting.
The City Council Agenda Packet is Clerk's File 2003 -05.
Respectfully submitted,
,642-0
Linda Jentink, City Clerk
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ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
FEBRURARY 10, 2003
Pursuant to due call and notice thereof, a Special meeting of the Rosemount City Council was
duly held on Monday, February 10. 2003, at 3:00 p.m. in the Council Chambers at City Hall,
2875 145` Street West.
Mayor Droste called the meeting to order with Council Members Shoe Corrigan, Riley, and
DeBettignies present. Also present was Acting City Administrator Police Chief Kalstabakken,
and Human Resource Coordinator Graff.
Council and City Staff conducted interviews with candidates for the City Administrator's
position. The qualifications and style of the candidates were discussed by the Council and staff.
Mayor Droste and City Council unanimously adjourned the special meeting.
Respectfully submitted,
Linda Jentink, City Clerk
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MEETING
FEBRUARY 13. 2003
Pursuant to due call and notice thereof a Committee of the Whole, regular work session meeting
of the Rosemount City Council was duly held on Thursday, February 13, 2003, at 6:30 p.m. in
the Council Chambers at City Hall, 2875 145th Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Riley, and Shoe
Corrigan present. Also in attendance were Interim City Administrator/ Police Chief
Kalstabakken, Community Development Director Parsons, Parks and Recreation Director
Schultz, and City Engineer Brotzler. The agenda was adjusted to include City Council position
interviews and stove the SKB presentation to follow the interviews.
City Council Position Interviews
City Council continued interviews from their Saturday, February 8th interviews. Four applicants
were called back for a second interview: Dave Anderson, Maureen Geraghty Bouchard, Casey
Wollschlager, and Kevin Strayton. Interviews were conducted from 6:30 p.m. to 7:00 p.m. and
then the scheduled Committee of the Whole proceeded.
SKB Expansion
Interim City Administrator Kalstabakken presented four issues for discussion by Council and
reviewed a traffic report and environmental report. SKB Environmental Inc. has requested a
much larger capacity storage than allowed by the City's zoning ordinance. Rich Valley Landfill
expanded into Rosemount in 1994 on the northern border and the limited volume of 200,000
cubic yards was initially set for that area. The additional volume requested would be
accomplished by filling in areas between current cells in a "saddle" form increasing the height.
SKB maintained that the landfill would roughly double in size in both land area and capacity.
SKB has held an excellent record for operations and is even considered a desired "model" by the
Minnesota Pollution Control Agency (MPCA). The Planning Commission has recommended
approval of a zoning amendment to increase the volume. The MPCA and Dakota County
Environmental Division have stringent requirements that must be met. City of Rosemount
approval is necessary prior to MPCA and Dakota County approval.
The key environmental issue with the landfill is the control and treatment of the water that
leaches through the landfill materials (leachate). A liner has been installed to capture the leachate
even though this is not a requirement by MPCA. The captured leachate is then pumped out and
trucked to the Rosemount Treatment Plant or to Pigs Eye Treatment Plant. After the landfill is
filled, it would be capped with a clay liner and an 80 -mil poly liner. After two to five years,
nearly all moisture will be gone and any settling of material would be complete. Ash is very
dense and becomes almost like concrete when compacted.
Council asked about how hazardous the waste is being placed into the landfill. SKB explained
that there are never any hazardous wastes acccepted. Each truckload is tested ten to twelve times
load and then a "finger print" of the material is recorded. .A test is done immediately on that
material and if something is unacceptable it is shipped back to its origin immediately. The types
of material that will be accepted are industrial waste, ash, and construction /demolition debris.
Construction demolition debris is not currently accepted at the site but will comprise most of
the requested expansion of cells.
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MEETING
FEBRUARY 13, 2003
Council discussed an end use for the landfill. The consensus was that the best land use is not
known now because there are so many variables. Because this is an industrially zoned area, a
park or golf course seems unlikely. There may be a market for a truck terminal or commercial
use in the future for the land. If a commercial use could be found, then investing a large amount
into grass and landscaping could be avoided. Council requested that a condition in the Interim
Use Permit (IUP) include language to evaluate the end use over the life of the landfill. Council
also discussed landscaping only the visible area, keeping it passive and natural perhaps with
walking trails. The IUP would require renewal every five years and review of the end use could
occur at those times. SKB noted that each cell would be sealed as it is filled; so determining the
end use could affect how it is sealed. Also SKB noted that the City could purchase the completed
landfill at 80% of the land value. SKB will be spending funds to close each cell as it occurs in
accordance with the approved end use plan. Any alteration to the end use plan requires a change
in the permits issued by MPCA and Dakota County.
Foth Van Dyke Consultants presented a letter with Findings of Fact regarding the SKB
Rosemount Industrial Waste Facility Major Modification. They addressed the track traffic design
by using County Road 38 for an alternate exit. Highway 55 is the main entrance. Minnesota
Department of Transportation (MnDOT) rated the capacity of Highway 55 at 20,000 trips per
day (TPD) and CR 38 at 15,000 trips per day. SKB projects 315 TPD on HWY 55 and 915 TPD
on CR 38. The portion of Highway 55 used as a service road will eventually be turned over to
the city for maintenance.
Discussion was held regarding what type of fees might be expected from SKB per ton or cubic
yard. Fees generated will be included in an amendment to the existing Development
Commitment agreement and will be negotiated to be similar to fees paid at landfills in other
Dakota County cities. Also a lump sum of money could he requested up front in order to develop
a city project or somehow improve city amenities. Council Member Shoe Conigan noted that the
public should be involved and infomted of the zoning amendment. The MPCA will have a thirty
day period for comment before approval also. SKB's request will be addressed at the March 6th
Council meeting.
Sidewalk and Trail Improvement Plan
Parks and Recreation Director Schultz and City Engineer Brotzler reviewed the Sidewalk and
Trail Improvement Plan. A map was shown that identifies locations where corrections between
existing trails are needed. A priority list will be worked on considering safety first and then the
most heavily used sidewalks and trails. The budget this year includes $125,000 to begin
improvements and maintenance. The most effective use of funds could be accomplished by using
the public works crew to resurface needed areas. Schultz noted that grant money might be
available for some projects. Brotzler also noted some cities have done bond issues in order to
fund projects. Several trails were identified for maintenance. New development is always
requested to install connecting sidewalks or trails as stated in the Parks Master Plan.
Leprechaun Days Service Agreement
Parks and Recreation Director Schultz submitted a revised Leprechaun Days Service Agreement.
Mayor Droste requested a review of liability and legal issues with the city's involvement of all
community events. Droste wanted to consider a structure or board that would better serve the
residents. Droste suggested stepping back this year to observe the perception that events are
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MEETING
FEBRUARY 13, 2003
"city" events and consider how much funding should be city sponsored. Events mentioned were
Halloween Party, City Garage Sale, Leprechaun Days, Share the Spirit, and Shamrock Award.
Council Member DeBettignies noted that donations to these events require a LG5 form on which
the city signs off. DeBettignies noted that the Minnesota Foundation could be a resource for
information. The Leprechaun Days Service Agreement will be brought to the March 6 Council
meeting for consideration.
Skate Park
Parks and Recreation Director Schultz reviewed the Task Force recommendation for a Tier I
Skate Park to be located in Central Park with $25,000 worth of equipment. The Parks and
Recreation Commission recommended the location to be at Schwarz Pond Park north of the
Community Center. Council consensus was to keep the activity in Central Park so kids can walk
to it. All Tier I park equipment must be 3 feet tall or lower, it does not require supervision,
padding, or a fence enclosure. Funds for the park have been received from SKB and Rosemount
First State Bank. The Jaycees. Quizno's, and Dole Explosives may pledge money for the skate
park. A determination to expand or change the skate park can be made after this year's use and
review. The skate park would be placed on the paved hockey rink. Council directed Schultz to
prepare a Request for Proposal for equipment and proceed with the project this year.
Commission By -Laws and Selection Process
Interim City Administrator Kalstabakken presented the amended by -laws for commissions to
change terms from one year for the Planning and Parks and Recreation Commissions to three
year terns and remove the Council Liaison requirement. The Commission Selection Policy was
also drafted to reflect the term length change. The Port Authority by -laws were amended by the
City Attorney at Article V. Governing Body, to correct the inappropriate change to three -year
terms and add language to have council member terms coincide with their elected tenn. The
statement of "not less than two commissioners shall also be members of the council" was
debated; later it was found to be in the originating resolution. The Port Authority Chairperson
will be elected by the commission members. These amendments will be brought to the March 6th
Council meeting for consideration.
Council Member Appointment
Mayor Droste called for selection of the council member position following the second
interviews of Dave Anderson, Maureen Geraghty- Bouchard. Casey Wollschlager, and Kevin
Strayton. All four applicants had enthusiastic comments and good communication skills. The
choice was difficult and Council did not want to discourage those not chosen from continuing his
or her service to the community. After some discussion Council decided to appoint Kevin
Strayton to the remaining term of Council Member Klassen's at the March 6, 2003 City Council
meeting. That tenn will expire December 31, 2004.
Additional Topics
Council Member Riley requested that the City's Emergency Plan be reviewed at the next
Committee of the Whole. Council was advised that a letter supporting Dakota County's request
for federal transportation funds for Highway 52 corridor projects at Co. 46 and 47 will be sent.
The letter will be signed by the mayor and interim city administrator The meeting was
adjourned at 10:40 p.nt.
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The City Council Agenda Packet is Clerk's File 2003 -06.
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MEETING
FEBRUARY 13, 2003
Respectfully submitted,
Linda Jentink
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 20, 2003
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Thursday, February 20, 2003, at 7:30 p.m. in the Council Chambers at City Hall,
2875 145th Street West.
Mayor Droste called the meeting to order with Council Members Shoe Corrigan and Riley
present. Council Member DeBettignies was absent. Also in attendance were Interim City
Administrator/ Police Chief Kalstabakken, City Attorney LeFevere, Community Development
Director Parsons, Parks and Recreation Director Schultz, Human Resource /Communication
Coordinator Graff, Finance Director May and engineering consultant Mark Erickson. The
meeting was opened with the Pledge of Allegiance.
There were no changes proposed to the agenda. Council consensus was to approve the agenda as
presented. There were no public comments or response to public continents.
Certificate of Achievement for Financial Reporting 2001
Finance Director Jeff May reviewed the financial reporting process and the teamwork it takes
with city staff and City Council. The Certificate of Achievement for Excellence in Financial
Reporting is the highest form of recognition for excellence in state and local government
financial reporting. This is the sixth consecutive year that the City of Rosemount has received
this award. This award is beneficial for bond ratings. Mayor Droste congratulated Finance
Director May and city staff on behalf of all Rosemount citizens.
Consent Agenda
Mayor Droste pulled Item 6.c. for recognition, Expenditure From Donation Account for
Administration.
MOTION by Droste to approve the Consent Agenda after removing Item 6. c. Expenditure
From Donation Account for Administration. Second by Riley. Ayes: Shoe Corrigan, Droste,
Riley. Nays: None. Motion passed.
a. Minutes of February 6, 2003 Regular City Council Meeting Bills Listing
b. Bills Listing
o. Expenditure From Donation Aeoount for Administration removed
d. Receive Bids /Award Contract Evermoor Roundstone Street Utility Improvements,
City Project 361
e. Payment #5 Final Marcotte Pond Lift Station, City Project 338
f. Receive Plans Specifications /Authorize Advertisement of Bids Portable
Generator /Receptacle Project, City Project 366
g. 2003 Mineral Extraction Permit Amendment for Shafer Contracting Co.
h. Anderson Kaufman Common Boundary Line Relocation
i. Hiring of City Administrator
Item 6.c. Expenditure From Donation Account for Administration
Mayor Droste thanked LaDonna Boyd from Dakota Electric for a $6,000 donation for
community promotion and marketing. Tonight the City Council and Port Authority will
designate 51,000 for the e- commerce certification by the Minnesota Department of Trade and
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 20, 2003
Economic Development. Rosemount will receive assistance from the Northem Dakota Chambers
of Conmterce and from Community Technology Advisors to qualify for the certification.
MOTION by Droste to approve the expenditure for certification by the Minnesota Department
of Trade Economic Development of Rosemount as a community that is ready for electronic
commerce (e- commerce). Second by Shoe Corrigan. Ayes: Riley, Shoe Corrigan, Droste. Nays:
None. Motion carried.
Bloomfield 7th Addition Concept Planned Unit Development Amendment
Community Development Director Parsons presented Centex Homes' request for an amendment
to the Bloomfield Planned Unit Development. The amendment would require rezoning from
single family to R -2, Moderate Density Residential. The total number of units would be 54
compared to the approved 40 units. The compressed housing pattern allows for more open space
between the homes. wetland, and railroad tracks. Steve Och answered Council's clarification
questions they had on the plan. Council then directed staff to add two additional conditions to the
resolution: 1) provide adequate off street parking to be submitted as an off street parking plan
and 2) enhanced landscaping to screen the railroad tracks and overpass on Connemara Trail.
MOTION by Shoe Corrigan to adopt A RESOLUTION APPROVING THE CONCEPT
PLANNED UNIT DEVELOPMENT AMENDMENT FOR BLOOMFIELD 7TH
ADDITION including two additional conditions: 1) provide adequate off street parking to be
submitted as an off street parking plan, and 2) enhanced landscaping to screen the railroad
tracks and overpass on Connemara Trail. Second by Riley. Ayes: Shoe Corrigan, Droste, Riley.
Nays: None. Motion carried.
Appointment of City Council Member
Interim City Administrator Kalstabakken reviewed the process used to screen ten applicants for
the council member position. Council Member Sheila Klassen vacated the seat on December 20,
2002. Council recommends Kevin Strayton to this position. His term would expire on December
31, 20(14. Council noted that all the applicants had exceptional qualifications and the choice was
difficult.
MOTION by Droste to appoint Kevin Strayton to the council member seat vacated by the
resignation of Council Member Sheila Klassen. Second by Riley. Ayes: Droste, Riley, Shoe
Corrigan. Nays: None. Motion carried.
Announcements
Mayor Droste noted that this Saturday, February 22, 2003, a Town Hall Open Forum will take
place between 9:00 a.m. and noon. The public is invited to come to visit with the City Council
and voice their concerns. Mayor Droste reviewed upcoming meetings for Council and city
commissions.
The meeting was adjourned at 8:00 p.m.
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The City Council Agenda Packet is Clerk's File 2003 -07.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 20, 2003
Respectfully submitted,
City Clerk Linda Jentink
Recording Secretary
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Pursuant to due call and notice thereof, a Special meeting of the Rosemount City Council was
duly held on Saturday. February 22, 2003, from 9:00 a.m. to noon in the Council Chambers at
City Hall, 2875 145 Street West. The event was the Town Hall Open Forum.
Mayor Droste and City Council Members Kim Shoe Corrigan. Mary Riley, Mark DeBettignies
and Kevin Strayton were present for the Town Hall Open Forum with the purpose of talking to
residents about their concerns and allowing residents to get to know their City Council. Cub
Foods store manager Tom Meaden, donated refreshments for the residents.
Mayor Droste and City Council did talk with many local residents and business owners. They
reported that about 55 residents attended the event and that it was a positive interaction worth
repeating.
The Town Hall Open Forum was adjourned at 12: 20 p.m.
ROSEb1OUNT CITY PROCEEDINGS
SPECIAL MEETING
FEBRURARY 22, 2003
Respectfully submitted
Linda Jentink, City Clerk
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 6, 2003
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Thursday, March 6, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145th Street West.
City Attorney LeFevere administered the public Oath of Office to the newly appointed Council
Member Kevin Strayton. Council Member Strayton's fancily attended and Strayton was
applauded for his active part in the City Council.
Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan,
Riley, and Strayton present. Also in attendance were Interim City Administrator/ Police Chief
Kalstabakken, City Attorney LeFevere, Community Development Director Parsons, City Planner
Pearson, Parks and Recreation Director Schultz, and Engineering Consultant Mark Erichson. The
meeting was opened with the Pledge of Allegiance.
The agenda had one item added to New Business, Great River Energy Power Plant Presentation
and additional information was provided for Item 9. b. SKB Interim Use Pemtit Modification.
Council consensus was to approve the agenda as presented. There were no public comments or
response to public comments.
Consent Agenda
MOTION by Riley to approve the Consent Agenda. Second by DeBettignies. Ayes: Riley,
Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion passed.
a. Minutes of February 20, 2003 Regular City Council Meeting
b. Minutes of February 13, 2003 Committee of the Whole
c. Bills Listing
d. Receive Donation for Parks and Recreation Department
e. Expenditure From Donation Account for Parks and Recreation
f. Appointment of Assistant Fire Chief
g. Hiring of Building Maintenance Worker
h. Receive Feasibility Report/Set Public Hearing -I60` ST. Sanitary Sewer Extension, CP.365
i. Receive Plans Spec's /Authorize Ad for Bid Connemara Tr., Phase 2, City Proj. 343A
j. Receive Plans Spec's /Authorize Ad for Bid Bloomfield 5' Street Utility
Improvement, City Project 364
k. Commission By Laws and Selection Policy Amendments
1. Evetmoor Glenclalough Minor PUD Amendment
m. Joint Powers Agreement Amendment for the 2003 Waste Abatement Community Funding
Plan
n. Public Safety Dispatch Agreement for 2003
o. Leprechaun Days Contract
PUBLIC HEARING: Appeal of Planning Commission Interpretation of a Zoning
Ordinance Standard for Gary Wendy Jo Raak, 13429 South Robert Trail
Mayor Droste reviewed the public hearing process. The Affidavit of Notice and Publication were
on file with the City Clerk's office.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 6, 2003
City Planner Pearson presented the staff and Planning Commission's interpretation of the zoning
ordinance application to the roof material at 13429 South Robert Trail. The home there has a
cedar shake roof and the sides of the home are brick and stone. Gary and Wendy Jo Raak began
to re -roof their standard red bam on the six acre rural residential zoned property with brick red
standing seam metal roof and tan metal siding. Because the zoning ordinance requires matching
materials, the Raaks were asked to stop their project and ask for an interpretation. A variance is
not an option because there is no hardship shown. The Raak barn is highly visible when entering
Rosemount and a well maintained barn would be desirable. Council asked staff to consider an
amendment to the zoning ordinance. which would allow maintenance of old farnrsteads. It would
have to be specific enough to differentiate from a garage or shed. Historical qualities could be a
consideration. City Planner Pearson asked for direction on if the material should mimic closely
the house standards or only need to match color?
Attorney Steve Ling represented the Raak's request. Ling noted that they wished to update and
improve their property. Changing the barn over to metal materials would provide a durable shell
and complement the existing house. Gary Raak stated that the barn was in need of paint and the
roof was sagging. Raak also noted that it would be cost prohibitive to remodel the barn with
cedar shakes and stone. Attorney Ling determined that Minnesota State Statutes I6B.62 noted
that building codes do not apply to agricultural buildings. City Attorney LeFevere asked if this
property is a working farm. Raak noted that he raises horses and does list this on his income tax
and the barn and out buildings are used for hay and horse equipment. Raak also noted the
Rosemount National Bank has the same style rooting and several other historical farms in
Dakota County, i.e. Hoffman Farm and Alderman Fart. City Planner Pearson noted that he
would categorize the Raak property as a hobby faun and he noted that horses are allowed in all
zoning districts. Council Member Shoe Corrigan brought out that metal roofs are allowed on
homes in the residential districts.
Mayor Droste opened the Public Hearing for audience input. Myron Napper, 3381 145th Street
East, noted he is on the Rosemount Planing Commission, but this evening he approached City
Council as a resident. Napper reported that he has a metal roof on one of his out buildings and
that it requires little maintenance and looks great. Napper recalled that the zoning ordinance of
1989 divided the area east of Akron Avenue for more agricultural uses. Napper suggested that an
article be placed in the Rosemount Town Pages and ask residents to give their opinions on how
they want the entrance to their town to look. Napper felt the Raak fart is beautiful and because
everyone sees it from Highway 3 it should be maintained.
MOTION by Droste to close the Public Hearing for the appeal of the Planning Commission
interpretation of a zoning ordinance standard for Gary Wendy Jo Raak, 13429 South Robert
Trail. Second by Riley. Ayes: Stravton. DeBettignies, Shoe Corrigan, Droste. Riley. Motion
carried.
City Planner Pearson noted that the Planning Commission further requested City Council to
consider language that would preserve agricultural buildings although no longer used for active
farming. The cun zoning ordinance acts to incorporate the non- confonning farms into the
residential development around them.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 6, 2003
Mayor Droste noted that this public hearing issue is about the material used for the roofing, it is
not a variance request because there is no hardship. City Attorney LeFevere noted that this is not
a building code provision, since there is no safety issue, but it is about aesthetics and how to
allow this building material, if desired, within the zoning ordinance.
MOTION by Shoe- Corrigan to direct staff to prepare draft ordinance language that would
preserve agricultural buildings and add this discussion to a work session. Second by Riley.
Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried.
Zoning Text Amendment to the Waste Management District
City Planner Pearson explained that SKB Environmental, Inc. has requested a zoning text
amendment that will facilitate construction demolition material added to the landfill material list.
The amendment would also remove the 200,000 cubic yard maximum amount limit and
standards that regulate recycling operations would be added. The Planting Commission
conducted a public hearing and does recommend approval of the amendments to the Waste
Management District, Sections 6.17 B 2. Pearson noted that the cubic yard limit was somewhat
arbitrary. The Minnesota Pollution Control Agency (MPCA) and Dakota County will conduct
regular inspections of waste material and soil conditions. Council agreed to the changes after
discussion.
MOTION by DeBettignies to ADOPT AN ORDINANCE AMENDING SECTION
6.17.B.2.a. of ORDINANCE 13, regarding the Waste Management District. Second by Strayton.
Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried.
SKB Interim Use Permit Modification
Community Development Director Parsons reviewed discussion for the Interim Use Permit
(I.U.P.) that would call for renewal every five years. The Permit is tied to state and county
approval. The Rosemount Community Trust Fund will be required to be updated within a year
front approval of the I.U.P. The end use of the property will affect each cell as it is tilled and
closed. Hazardous waste will not be accepted at any time as waste material. The MPCA will
maintain records of waste material. Council requested that they receive all reports issued from
and to SKB Environmental, Inc. The MPCA did decide to have an Environmental Assessment
Worksheet done for this expansion. SKB had prepared this worksheet prior to the MPCA's
request so time was saved. MPCA noted that on the first review of that document there were no
"red flags" or concerns. A public notice will go out for 30 days before a public hearing to allow
residents to respond. Beth Lockwood, Supervisor for EPA, noted that notice will be mailed as
well to interested parties. A response will be made to each person who contacts the MPCA,
which will take a few weeks. So it will likely be two months before approval is complete.
Rick O'Gara, President of SKB Environmental, Inc. said they would like to begin construction in
the spring. The City's intent for approval of the Interim Use Pennit needs to he sent along to the
MPCA and Dakota County for them to begin their process of approval. O'Gara noted that traffic
has been improved by routing trucks to County Road 38 during peak traffic times on Highway
52.
Staff was directed to tighten language in a few places of the permit. Council noted that the end
use could possibly change in the future and that the closure cost should be adjusted to current
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 6, 2003
values by adding "in 2003 dollars O'Gara noted that any change in the end use plan would
have to have the approval of the MPCA and Dakota County.
MOTION by Riley to authorize execution of an amendment to the I.U.P. to SICB
Environmental, Inc. conditional on City receipt and approval of EAW and SKB would be
responsible to copy any reports to the City. City Attorney LeFevere noted he had composed a
motion more inclusive. Council Member Riley withdrew her motion and moved LeFevere's
motion.
MOTION by Riley to approve the Interim Use Permit and approve the execution of the
proposed Interim Use Permit and Development Conunitment with the following changes to the
Interim Use Perntit Agreement: 1) add that all inspection reports received by SKB from the
MPCA, Dakota County, OSHA and other governmental regulatory agencies shall be forwarded
by SKB to the City within five working days of receipt, 2) add that reports submitted by SKB to
the MPCA, Dakota County, or other governmental regulatory agencies shall be submitted to the
City simultaneously, and 3) add that references to the cost of the approved post closure plan be
changed to reflect that they are stated in 2003 dollars; provided, however, that such approvals are
effective on May 16, 2003. The City Council may delay such effective day and approval may be
reinstated following completion of the environmental review process conducted pursuant to
Minnesota Statutes, Chapter 176D. Second by Shoe Corrigan. Ayes: Strayton, DeBettignies,
Shoe Corrigan, Droste, Riley. Nays: None. Motion carried.
Set Special Meeting for Commission Applicant Interviews
City Clerk Jentink reported that the selection process for commissioners had begun. A press
release was given out on February 26th. Applications will be accepted through March 7, 2003.
Jentink asked Council to consider a date and time for interviews of the applicants. Council
determined that March 20th, 4:00 p.m. to 6:00 p.m. would allow all council members to attend.
MOTION by Droste to set a Special Meeting for the purpose of interviewing applicants for city
conunissions on Thursday, March 20, 2003, at 4:00 p.m. Second by Riley. Ayes: DeBettignies,
Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried.
Great River Energy: Proposed Generation Project
Rick Lancaster, representing Great River Energy described the power plant generation operation
fueled primarily with natural gas, with oil as back -up fuel. This has a second turbine steam cycle
and is 50% efficient, much higher than older operations. The plant would require a large amount
of water, but would try to utilize water from the planned Empire treated effluent flowing to the
Mississippi River. Margaret Shiner and Greg Miller of Dakota Electric Coop attended and
purchase power from Great River Energy.
State law authorizes the Minnesota Environmental Quality Board to pre -empt a city's zoning and
other local controls in locating a power plant. Candace Olson from Great River Energy had
contacted residents near the site to let them know the intentions for the power plant. The acreage
has space to place two power plants, but only one is being considered at this time. The steam
stacks would be 130 feet high (about the same as the old Brockway Glass stack), the boilers
would be 90 feet high. Power lines would be required from the plant to send the electric power
out. The plant would create thirty to forty permanent jobs and during the build out as many as
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three hundred construction workers would be employed. The plant would not be operational until
spring 2007. Great River Energy requested that City Council prepare a resolution indicating
approval and Council said they would review this at a work session.
Announcements
Mayor Droste reviewed upcoming meetings for Council and city commissions.
The meeting was adjourned at 10:27 p.m.
The City Council Agenda Packet is Clerk's File 2003 -08.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
NIARCH 6, 2003
Respectfully submitted,
City Clerk Linda Jentink
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
MARCH 13, 2003
Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on
Thursday, March 13, 2003 at 6:30 p.m. in the Council Chambers at City Hall.
Mayor Droste and Council Members Riley, DeBettignies, Shoe Corrigan, and Strayton were
present. Also in attendance were Interim City Administrator /Police Chief Kalstabakken,
Community Development Director Parsons, Human Resource /Communication Coordinator
Graff, Finance Director May and Parks Recreation Director Schultz.
Transportation Plan
An update was provided to Council on the status of the transportation plan. Chuck Rickart with
WSB Associates, Inc. was in attendance at the meeting to present to Council the work that has
been completed to date and the work remaining to be completed. To date, two stakeholder
meetings have been conducted; the stakeholders being Mn/DOT, Dakota County, adjacent
City's, Flint Hills Resources and the University of Minnesota. One public informational meeting
has also been conducted. Traffic issues that have been identified through these meetings have
been compiled on an exhibit of the City transportation system which was presented to Council.
The basis for the traffic model being completed is an enhancement of the model completed by
Dakota County. The model completed by Dakota County is being modified to add Traffic
Analysis Zones (TAZ) to the City of Rosemount. Traffic counts completed last year will be used
as a baseline to calibrate the model.
Through the next two to three months, a third stakeholder meeting will be conducted as well as a
second public informational meeting. At these meetings, the results of the modeling will be
presented along with proposed future improvements to the City's transportation system.
Council noted the following issues:
Signal system at CR 38 and TH 3
Signal system at Connemara Trail and TH 3
TH 52 CSAH 42 Interchange project
Shannon Parkway speeds
It was noted that these issues and other identified issues will be addressed in the final plan.
User Fee Analysis Study
A draft of the user fee analysis study was presented to the Council for their discussion. Finance
Director May provided an overview of the process and Al Erickson and Jessie Hart from
Springsted were there to follow up on the process and the rationale for the proposed changes to
the fees. After a lengthy discussion, this item was tabled until the April work session. Council is
to direct any further questions to Finance Director May so that the fees can be finalized and
implementation of the changes can be determined at that time.
2003 Budget Issues
This item was divided into three parts: 1) discussion of operating fund balances; 2) the
Chippendale Avenue reconstruction project; and 3) proposed budget cuts. Fund balances were
looked at in relation to the State Auditors recently published report that listed the City of
Rosemount in the "high" category. It was determined to use a portion of our excess fund
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
MARCH 13, 2003
balances to help fund the Chippendale Avenue project. This will allow us to merge two years'
worth of projects (south of CSAH 42 and north of CSAH 42) into one year. This will help
minimize the construction inconveniences to citizens along this road and to help us realize some
cost savings by combining the two projects into one. We will use approximately $1,000,000 of
reserves to help with the funding for this project, bringing our operating fund reserves into a
more acceptable range for the State Auditor. Finally, Finance Director May presented a list of 38
items for Council consideration to deal with the potential loss of State aids. The City could
potentially lose up to $780,000 in aid this year. The 38 items represented approximately
$549,000 of the total losses. The items will all be formally addressed when the State has their
final budget proposal in place sometime later this summer. The remaining amount will be
addressed at that time with additional cuts to be made or the use of operating reserves to make up
the difference.
Public Purpose Expenditure Policy
HR/ Communications Coordinator Graff presented a draft of a Public Purpose Expenditure
Policy to the City Council for their review and discussion. The policy is modeled after other
cities' policies which arose following the State Auditor critique of employee expenditures made
by the City of Brooklyn Park.
The policy outlines when City funds may be used. Acceptable expenditures include employee
recognition and the purchase of flowers or cards when employees are ill or experience a death.
Graff will also include a cake or other food items when employees terminate with the City as an
acceptable expenditure. These expenditures will be deducted from the City Council budget. To
offset these expenses, money from vending machines in the Public Works Garage and the public
area of City Hall will be shown as revenue in the City Council budget. The final version of this
policy will be brought for Council action at the April 3, 2003 meeting.
CODE ENFORCEMENT ISSUES
Neighborhood Education and Enforcement Effort. Staff presented statistics and narrative
infonnation to outline the efforts in 2002 to educate residents and enforce codes in three specific
neighborhoods. The codes regulate outdoor storage, off street parking. and other issues related
to property maintenance. Staff sent letters and conducted inspections in the neighborhoods
bounded by Diamond Path, Co. Rd. 42, West 145 Street and Chippendale Avenue. After
contacting hundreds of residents, staff found strong public support for a neighborhood-by
neighborhood approach to code enforcement that emphasizes educating the residents and
voluntary compliance. Over 70% of the 435 properties inspected were found to be in compliance
at the first inspection. In 2002. nearly half of the over 200 residents to whom staff sent a first
notice of violation corrected the situation (including complaint -based notices). Over 60% of the
106 residents to whom staff sent a second notice then complied with the ordinance. Only a tiny
fraction of the total cases in 2002 went to the step of getting a citation or formal complaint from
the City just ten out of 771 total cases.
Council members expressed support for the neighborhood education and enforcement effort, but
described calls from residents upset about receiving violation notices. Council members called
for the highest standard of customer service by code enforcement personnel, with polite,
professional treatment of residents at every step of the process. Members asked for the number
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
MARCH 13, 2003
of RV cases, the cost of pending court cases, and for continued public relations efforts to inform
residents of future inspections. Members suggested using testimonials from residents, e.g., at
Cameo Place, about their appreciation for cleaning up outdoor storage and other violations at
various properties.
Waste Enclosure Violations. Staff described efforts in 2002 to enforce an ordinance that
requires that waste containers such as Dumpsters be enclosed or fenced. The requirement
applies to commercial properties and apartment buildings. For new construction, the enclosure
must match the exterior of the building; for existing buildings, the fence may be of wood or
chain -link with screening. The purpose of the ordinance is to stop trash, garbage or food waste
from being scattered or blown around the vicinity of waste containers. Enclosures also enhance
the look of an area. Some property owners downtown and elsewhere have complained about the
difficulty of locating an enclosure on their property. Staff cited 38 violations of the waste
enclosure ordinance in 2002. About 26 of these properties are still in violation; staff is aware of
other violations that have not been cited. The City Council extended the compliance period
through the winter. Staff expects to continue to enforce the ordinance and will work with
property owners regarding how they can locate an enclosure on their property so they can
comply. Council members asked how many of the unresolved violations are downtown and how
many are in the commercial area near Co. Rd. 42. Members described unsightly outdoor storage
at a commercial property near Canada Avenue.
Downtown Enforcement. Staff reported on code issues in the downtown area including non
conforming signs, outdoor storage, lack of enclosures for waste containers, and others. There are
no setbacks for waste containers and enclosures in the downtown (except where adjacent to
residential areas). Council Members discussed whether to delay enforcement of code
requirements downtown until after the City Council adopts a downtown redevelopment plan.
Members directed staff to continue enforcement efforts downtown and elsewhere in a tactful,
professional manner with an emphasis on customer service, that is, helping property owners and
business operators comply with the ordinance.
City Hall, Parks and City Entry Monument Signs
Staff discussed the past direction given for city signage. Staff brought examples of current signs
used by the City and signs used by other communities. Council did not have a strong opinion
about signs other than we want to provide something that represents the City in a positive
manner (ie. signs that look nice and are easily visible. Staff will return this issue when we start
our 2004 budget process and provide a signage plan for the council to review.
UPDATES
Great River Energy (GRE) Update, Staff from GRE met on March 11 with City Engineer
Brotzler, Community Development Director Parsons and Interim Administrator Kalstabakken to
further discuss the proposed power plant. GRE stressed that although state permitting processes
over rides local zoning and other regulations for power plants, it was still GRE's intention to
comply with the spirit of the local requirements. This was clarified to mean that GRE. would
continue to work with city staff to identify issues important to the city, for example, adopting a
landscaping plan, site plan review, and public services requirements of the plant.
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Tim Seck, GRE, was present and reviewed the plant location and reasons that the Rosemount site
is desirable for a power plant. He also gave a brief overview of the permitting process. Seck
stated that Senator Knutson has authored a bill in the Minnesota Senate regarding GRE's request
to be exempted from the personal property tax.
Council discussed the need to have staff continue to work with GRE to gather additional
information regarding a landscape plan, identifying police and fire related issues at the proposed
plant and the impact of the plant on city sewer and water utilities. In addition, Council stressed
to Mr. Seck the importance of communicating the company's plans to the community
particularly the residents in the immediate area of the proposed site. GRE will coordinate an
Open House to discuss the proposal with concerned or interested residents. City staff, Council,
Representative Ozment and Senator Knutson should be advised of the Open House date so that
they may attend and observe.
The meeting was adjourned at 11:30 p.m.
Respectfully submitted,
City Clerk Linda Jentink
Recording Secretary
The City Council's Agenda Packet is Clerk's File 2003 -09.
ROSEMOUNT CITY PROCEEDINGS
CONIMITTEE OF THE WHOLE
MARCH 13, 2003
1
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
MARCH 14, 15 and APRIL 12, 2003
Pursuant to due call and notice thereof, special meetings of the Rosemount City Council were
duly held on Friday and Saturday March 14 and 15; and Saturday, April 12. 2(103.
Those in attendance included City Department Heads and City Council: Mayor Droste, Council
Members Riley, Strayton, DeBettignies, and Shoe Corrigan; City Administrator Verbrugge, City
Engineer Brotzler, Finance Director May, Human Resource /Communication Coordinator Graff,
City Planner Pearson, Police Chief Kalstabakken, Fire Chief Aker, and Parks Recreation
Director Schultz. Finance Director May and Fire Chief Aker did not attend the April 12
meeting.
The purpose of the meetings was to establish goals and work plans in the City of Rosemount for
2003 2004. Staff and City Council used the Carver Governance Model emphasizing the role of
City Council as a policy and legislative body. City Council focused primarily on large issues
facing the community immediately and in the future. Issues were agreed upon, goals identified,
and expectations for results, benchmarks, and timelines established.
The attached goals document was produced following the meetings for staff and council to use in
their day -to -day work activities. These goals were adopted by City Council at the May 6, 2003
meeting.
Respectfully submitted,
1
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Linda ,Jentink, City Clerk
1
THE ROSEMOUNT CITY COUNCIL
2003 2004
GOALS
May 2003
City of Rosemount
2875 145 Street West
Rosemount, Minnesota 55068 -4997
(651) 423 4411
Today's Goals
For
Tomorrow's Community
ISSUE: FISCALLY HEALTHY CITY
GOAL: Rosemount is Fiscally Healthy in 2005
RESULTS: 1. Increase tax base
2. Tax rate comparable/ reasonable
3. Service levels of 2003 are maintained
4. Fund balance maintained at 50%
5. Al bond Rating Maintained
6. Continued high capital rate
7. Citizen Survey reflects a positive attitude toward taxation
POLICY: Fund Balance Policy
TIME FRAME: Long -term
ISSUE:
GOAL:
RESULTS:
TIME FRAME: Progressive
DOWNTOWN REDEVELOPMENT
1. Generate input and involvement
2. Create citizen commission on a specific downtown plan and demonstrate
progress
1. Plan that was not accepted is revisited and revised
2. 2003 2005 actions plan adopted
3. Using communication plan, citizens are educate
4. Financial blueprint describes how to pay for it
5. Business community is engaged
POLICY: TIF funding objectives
Redevelopment Plan
2003 -2004 Work Plan
5/01/03 Page 1
ISSUE: ATHLETIC COMPLEX
GOAL: Proactive Approach to Land Identification and Acquisition per Parks Master
Plan
RESULTS: Identified land parcel
Have a fiscally responsible purchase plan
BENCHMARKS: Work with land owners
Discuss land options
Explore options for purchase: referendum, donation, community trust fund,
etc.
TIME FRAME: Intermediate -term
ISSUE:
LIBRARY
GOAL: 1. Prepare site options by March 31, 2003 for Committee Review
2. Complete Land Acquisition by December 31, 2003
3. Determine if mixed -use development is an option
RESULTS: All sites meet County Library Board requirements
City is comfortable with final site the County chooses
The purchase has a reasonable plan for financing
TIME FRAME: Short-term
ISSUE:
GOAL: Council Creates a Resolution and Policies that Support that Resolution
RESULTS:
TIME FRAME: Short-term
POWER PLANT PROPOSAL REQUEST FOR SUPPORT OF
PERSONAL PROPERTY TAX EXEMPTION LEGISLATION
Citizens Educated and Informed
Rely on our Plan
Host Agreement
2003-2004 Work Plan
5/01/03 Page 2
ISSUE: COMMUNITY EVENTS
GOAL: Clear understanding of the City's role and responsibilities relating to
Community events
RESULTS:
TIME FRAME: Short-term
1. Identify community events
2. Review other cities' models
3. Explore separate funding foundation
4. Articles of organization and bylaws
5. Fiscal accounting of events is clear
6. Maximize citizen involvement
ISSUE:
GOAL: Attract full service family restaurant
TIME FRAME: Short-term
LACK OF DIVERSITY IN RESTAURANT OPTIONS
RESULTS: 1. Identify council approved sites through comp plan and staff research
2. Marketing attraction plan
a. Partner with development community for site preparation
ISSUE:
GOAL: Identify prioritize ordinances that require updating or revisiting
TIME FRAME: Progressive
CITY ORDINANCES CITY RENEW
RESULTS: 1. Identify ordinances for review
2. Prioritize and schedule
3. Educate and seek input
4. Identify firm cost budget for code rewrite
2003 -2004 Work Plan
5/01/03 Page 3
ISSUE: NEED TO EDUCATE NEW' CITY COUNCIL AND REVIEW
CURRENT LAND USE ZONING
GOAL: Review /reassess comp guide
RESULTS:
Identify key issues and address them (may mean amendment or just provide
council direction to staff).
Educate property owners
TIMEFRAME: Long -tenn Progressive (Fall /Winter'03)
ISSUE:.
GOAL: Identify need.
TIMEFRAME: Lone -term
COMMUNITY ACTIVITY CENTER (SENIOR AND /OR YOUTH)
RESULTS: 1. Partner with community groups.
2. Research similar cities and see what they do.
3. Communicate with citizens at both the beginning and the end of the
process.
ISSUE:
GOAL:
RESULTS:
COMMUNICATIONS
Actively engage the community and increase resident and business awareness
through a communication plan.
1. Build strong connection to business.
2. Identify spokesperson.
3. Communication packet for new residents.
TIMEFRAME: Short-term Progressive
ISSUE: MARKETING
GOAL: Enhance the image and promote Rosemount.
RESULTS: All encompassing marketing plan.
TIMEFRAME: Progressive
2003 -2004 Work Plan
5/01/03 Page 4
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
MARCH 20, 2003
Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly
held on Thursday, March 20, 2003. at 4:00 p.m. at the Rosemount City Hall, 2875 145th Street West.
Mayor Droste called the meeting to order with Councilmembers Riley, Shoe Corrigan, DeBettignies,
and Strayton present. Also in attendance was City Administrator Verbrugge.
Mayor Droste noted that the purpose of the meeting was to interview and to appoint commissioners
to the Parks and Recreation Commission, Planning Commission, and Port Authority.
The applicants interviewed were John Powell, Steve Foley, Steve Casey, Harry Willcox, Terry Zum,
Larry Petron, Steve Wilson. Cindi Potaracke, and Jay Tentinger.
Due to a scheduling conflict, applicant Charlie Koelmen was interviewed on Saturday, March 15,
2003. Applicant Heidi Grange did not appear at the March 20th interview.
Mayor Droste adjourned the meeting at 6:10 p.m. to be reconvened following the regularly scheduled
City Council meeting on March 20, 2003.
Mayor Droste reconvened the special meeting at 8:15 p.m. for the purpose of discussing applicants
and appointments.
MOTION by DeBettignies to appoint Terry Zum as Planning Commissoner, Steve Wilson as Parks
and Recreation Commissioner, and Jay Tentinger as Port Authority Commissioner. Second by
Strayton. Motion passed 4 -1.
Mayor Droste indicated that he would contact one of the applicants to discuss an appointment to the
SKB Trust Fund board and place the appointment on the next City Council meeting agenda.
The special meeting adjourned at 9:31 p.m.
The City Council Agenda Packet is Clerk's File 2003 -11.
1
Respectfully submitted,
James D. Verbrugge, City Administrator
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 20, 2003
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Thursday, March 20, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145th Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan,
Riley, and Strayton present. Also in attendance were City Administrator Verbrugge, City
Attorney LeFevere, Community Development Director Parsons, Parks and Recreation Director
Schultz, and Engineering Consultant Mark Erichson. The meeting was opened with the Pledge of
Allegiance.
Additional information was added to Item 6. e. Receive Bids /Award Contract for Portable
Generator /Receptacle Project, City Project 366. Council consensus was to approve the agenda as
presented. There were no public comments or response to public comments.
Mayor Droste welcomed Jamie Verbrugge, the new City Administrator for Rosemount. Council
and department heads spent much of the weekend setting goals and priorities with Verbrugge.
Droste also thanked Police Chief Gary Kalstabakken for serving as interim city administrator for
three months. Droste noted that staff maintained a professional and organized manner
throughout.
Department Heads Reports /Business
Mayor Droste presented a proclamation for Space Day on May 1, 2003. This is sponsored by
Lockheed Martin Tactical Systems, Naval Electronics and Surveillance Systems in St. Paul.
Their program "Embrace Space" is supported by more than sixty partners who represent
educational, professional and trade associations, youth groups, corporations and space- related
organizations. Embrace Space encourages people of all ages to advance science, math and
technology education to inspire future generations to continue the vision of our space pioneers.
MOTION by DeBettignies to proclaim Space Day on May 1st, 2003 in the City of Rosemount.
Second by Riley. Ayes: Shoe- Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None.
Motion carried.
Consent Agenda
MOTION by Riley to approve the Consent Agenda for March 20th. Second by Shoe Corrigan.
Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion passed.
a. Minutes of March 6, 2003 Regular City Council Meeting
b. Bills Listing
c. Receive Donation D.A.R.E. Program and Administration
d. Authorization to Solicit Quotes for Personal Computer Workstations
e. Receive Bids /Award Contract Portable Generator/Receptacle Project, City Project #366
f. Receive Revised Feasibility Report/Set Public Hearing- Chippendale /CSAH 42
Improvements, City Project #344
g. Bloomfield 5th Addition Final Plat and Subdivision Agreement
h. Maintenance Agreement with Department of Military Affairs
i. Bloomfield Park Contract for Constriction Administration and Project Management
j. Bard's Crossing Final Plat and Subdivision Agreement
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 20, 2003
PUBLIC HEARING: Port Authority Establishing Resolution Amendment
Mayor Droste reviewed the public hearing process. The Affidavit of Notice and Publication were
on file with the City Clerk's office. This process required two publications on March 7th and
March loth to fulfill State Statutes.
City Clerk Jentink reviewed the requirement by State Statutes to maintain six- year terms for
Port Authority members other than elected Council commissioners. On April 17, 2001 the past
City Council approved amendments to the establishing resolution without proper publication
notice and so this resolution will put into policy that elected council members and mayor Port
Authority Commissioner tenns will coincide with their elected tenn.
City Attorney LeFevere noted that the terms of Port Authority Commissioners Zimmer and
Baxter will hold until a replacement or re- appointment would be made if determined that their
term length is over. An amendment made April 17, 2001 by the City Council did not have legal
authority to change the term length to be less than six years. The apparent terms for Baxter and
Zimmer presume to expire in 2005.
Mayor Droste opened the public hearing to audience comment. There was no audience comment.
MOTION by Droste to close the Public Hearing for the Port Authority Establishing Resolution
Amendment. Second by DeBettignies. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan,
Droste. Nays: None. Motion carried.
Council Member Riley noted a correction of date within the certification clause in the resolution.
City Clerk Jentink stated the correction would be made. Riley then asked staff to determine when
Port Authority terms would be expiring for the Port Authority Commissioners that are not
council members because of the change from three -year tenns to six -year terns. Staff was
directed to research the facts and report back.
MOTION by DeBettignies to accept the recommended changes to the Port Authority enabling
resolution by ADOPTING A RESOLUTION RELATING TO THE ROSEMOUNT PORT
AUTHORITY; AMENDING RESOLUTION NO. 1991 -53. Second by Riley. Ayes:
Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried.
Funding Street Construction and Maintenance in "Minnesota Cities" Report
City Engineer Brotzler gave a presentation requesting that cities have additional options to incur
funding to support transportation related expenses. New legislation would be required to grant
greater local revenue raising authority to meet specific needs in cities. A transportation utility
fund is not allowed with current state law. The League of Minnesota Cities, City Engineers
Association of Minnesota. and the Minnesota Public Works Association released this report
titled "Funding Street Construction and Maintenance in Minnesota Cities."
Council asked at what level of maintenance the streets in Rosemount are at? Brotzler noted that
the maximum life expectancy of a road is fifty years with routine maintenance. This maintenance
includes overlays, reconstruction, and seal coating at various years. Usually at 17 years. 26, and
33 years major maintenance is done, with seal coating between when needed. There are many
residential streets that are reaching that fifty year mark in Rosemount.
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MOTION by Shoe Corrigan to adopt A RESOLUTION SUPPORTING LEGISLATION
TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET
IMPROVEMENTS. Second by Strayton. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley,
Strayton. Nays: None. Motion carried.
Announcements
Mayor Droste reviewed upcoming meetings for Council and city commissions.
City Administrator Verbrugge noted that there will be an informational meeting regarding a
proposed power plant with a presentation by the Great River Energy Inc. on Thursday, March 27,
at 6:30 p.m. at Rosemount City Hall.
The meeting was adjourned at 8:03 p.ni. Mayor Droste noted that the Council will reconvene the
special meeting held at 4:00 p.m. regarding commissioner appointments to make final selections.
The City Council Agenda Packet is Clerk's File 2003 -12.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 20, 2003
Respectfully submitted,
City Clerk Linda Jentink
Recording Secretary
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 3, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Thursday, April 3, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145 Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan,
Riley and Strayton present. Also present were City Administrator Verbrugge, Attorney Ron
Batty, City Engineer Brotzler, Community Development Director Parsons, Human Resource
Communications Coordinator Graff, Parks Recreation Director Schultz, and Police Chief
Kalstabakken. The Pledge of Allegiance was said.
Additional information was provided for Items 6j. Ratification of Fire Department
Appointments, Item 6. u. Receive Bids /Award Contract for Bloomfield 5 Addition City Project
364, Item 9.a. Chippendale Avenue Speed Limit, and Item 10.a. Great River Energy Exemption.
One item was added to the Consent Agenda: Authorize Feasibility Report for Biscayne Pointe
5` Addition Street and Utility hnprovement City Project 367.
MOTION by Mayor Droste to accept the presented agenda. Second by Riley. Ayes: Five. Nays:
None. Motion carried.
Mayor Droste opened the floor for Public Comment. Frank Knoll, 4322 145 Street East,
commented that the power plant would be better placed in the lower part of the site. Mayor
Droste advised Knoll that this discussion should he conducted under agenda Item 10.a.
There wasn't any response to Public Comment from past meetings.
Port Authority Term Determination
City Clerk Jentink reviewed the changes in term length for the Port Authority commissioners.
The elected officials may serve on the Port Authority for the same term as their elected position.
Non elected commissioner terms are six years unless they are appointed to fill out the term of an
elected official. Jentink reviewed Port Authority Commissioner Cami Zimmer's term who filled
the term of Kevin Carroll from February 1999 to February 2005 and Port Authority
Commissioner Michael Baxter who tilled the term of Norm Miller to February 2002. Baxter was
reappointed for a three -year tenn in March 2002, however, the terms were amended back to six
year tents, so Baxter's term will expire February, 2008.
MOTION by Riley to reaffirm the terms of non elected members of the Port Authority due to an
amendment reversing three -year terms back to six -year teens; Commissioner Zimmer's term will
expire February, 2005 and Commissioner Baxter's term will expire February, 2008. Second by
Shoe- Corrigan. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion
carried.
Consent Agenda
Council Member Strayton pulled Items 6. n. Authorize Resident Survey and 6.w. Authorize
Distribution and Publication of Vesterra, LLC Mining EAW for discussion
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 3, 2003
MOTION by Riley to approve the Consent Agenda withdrawing Items 6.n. and 6. w. for
discussion. Second by Shoe Corrigan. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste,
Riley. Nays: None. Motion carried.
a. Minutes of March 20. 2003 Regular City Council Meeting
b. Minutes of March 13. 2003 Committee of the Whole
c. Minutes of March 20, 2003 Special City Council Meeting
d. Bills Listing
e. Receive Donation for Parks Recreation Department
f Expenditure of Donation for Police Department
g. Budget Amendments
h. Declaration of Surplus Property
i. Authorization to Accept Quotes and Purchase Personal Computer Workstations
j. Ratification of Fire Department Appointments
k. Mutual Police Assistance Agreement
1. Public Purpose Expenditure Policy
m. Hiring of Assistant Planner
n. Authorize Rsident Survey (pulled for discussion)
o. Receive Letter of Appeal and Set Public Hearing Kulhanek Property
p. Lot Combination Between Dakota Enterprises and Tom Engelmeier
q. 2003 Agreement for Solid Waste Recycling Services
r. Biscayne Pointe Fifth Addition Final Plat and Subdivision Development Agreement
s. Municipal State Aid Mileage Amendments
t. Schedule Special City Council Meeting for April 12, 2003
u. Receive Bids /Award Contract Bloomfield 5 Addition Street Utility Improvements,
City Project 364
v. Change Order No. 3 for Rosewood Street and Utility Improvements, City Project #350
w. Authorize Distribution and Publication of Vostcrra, LLC Mining CAW (pulled for
discussion)
x. Lot Consolidation for Susan Donald Stein, 3820 and 3904 120th Street West
y. Skate Park Equipment
z. Bloomfield Park Play Equipment
aa. Add -on Authorize Feasibility Report for Biscayne Pointe 5 Addition Street Utility
Improvements, City Project 367
6.n. Authorize Resident Survey
Council Member Strayton asked about the time line for the survey completion. City
Administrator Verbntgge reported that the survey would be completed before the end of May
with results in July. Council Member Shoe Corrigan asked how frequently a survey is done.
Human Resource /Communications Coordinator Graff reported that surveys are done
approximately every two years. A survey was done in 2001 and 1997. In 2001 the survey cost
was S12,000. This year's survey with Decision Resources would cost $12,500. Shoe Corrigan
suggested that Rosemount wait one year to save the expense since Council plans open forums to
connect with residents. Council Member Riley asked to table the survey request for discussion at
the Committee of the Whole meeting next week. Council Member DeBettignies noted that the
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 3, 2003
survey was budgeted for this year but concurred to table the issue. Mayor Droste noted that the
actual cuts from the State will not be known until after June.
MOTION by DeBettignies to table the decision to authorize the 2003 Rosemount Resident
Survey until further discussion and reconsider it at the April 17 regular City Council meeting.
Second by Strayton. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None.
Motion carried.
6.w. Authorize Distribution and Publication of Vesterra, LLC Mining EAW
Council Member Strayton asked if residents near the location, south of CR 38 and S mile west of
CR 71/Blaine Avenue, had been contacted? City Engineer Brotzler noted that the Environmental
Assessment Worksheet (EAW) prepared for Vesterra LLC would be made available for the
public to review by the EAW process. There will be a 30 -day window in which residents can
review the EAW and comment from April 14 to May 14. It is a 75 acre mining site. City Council
will have an opportunity to assess this mining operation after the Plarming Commission holds a
public hearing and has 60 days for review and comment. Further environmental review may be
recommended by the Environmental Quality Board.
MOTION by DeBettignies to authorize public distribution of the Environmental Assessment
Worksheet for the Vesterra, LLC Sand and Gravel Mine for a 30 -day public comment period.
Second by Riley. Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None.
Motion carried.
PUBLIC HEARING: 160 Street Sanitary Sewer Extension, City Project 365
Mayor Droste explained the process used for public hearings. The Affidavits of Notice and
Publication were on file with the City Clerk.
City Engineer Brotzler reviewed the three alternates for providing sewer to the businesses on the
southern border of Rosemount between Highway 3 and Biscayne Avenue. A signed petition was
received from the property owners along l60' Street requesting this sewer extension. The project
cost is proposed to be assessed to the benefiting properties. Alternate 1 would bring sewer
service in from 160 Street. Alternate 2 would bring the sewer service from the back of the lots
extending across Highway 3 at Canada Circle. Alternate 3 would include extending Biscayne
Avenue to Dakota Fence and RCD Real Estate which could be delayed until Biscayne Avenue is
reconstructed. Alternate 3 would also extend the sewer service along the back property lines of
the Business Park lots. The cost estimates do not include land acquisition expenses for
easements.
Mayor Droste opened the Public Hearing for comment from the audience.
Jerry Anderson, 2295 Bonaire Path, represented Highstone Limited Partnership. Anderson noted
that the septic systems run out to the front of the property (160 Street) and they prefer Alternate
1.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 3, 2003
MOTION by Droste to close the Public Hearing for 160 Street Sanitary Sewer Extension, City
Project 365. Second by Riley. Ayes: Five. Nays: None. Motion carried.
Council continued with discussion and clarification questions. It was noted that there is capacity
to service RCD Real Estate lot, but not the depth needed so additional technology would be
needed such as a grinder system or lift station. Consensus was that Alternate 1 would be the best
design. City Engineer Brotzler explained the process for design, specifications, establishing
easements and then back for City Council approval by May 19
MOTION by DeBettignies to ADOPT A RESOLUTION ORDERING THE PROJECT
AND ORDERING THE PLANS AND SPECIFICATIONS FOR THE 160 STREET
SANITARY SEWER EXTENSION IMPROVEMENTS WITH ALTERNATIVE 1, CITY
PROJECT 365. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste.
Nays: Riley. Motion carried.
SKB Trust Fund Appointment
Mayor Droste noted that the SKB Community Trust Fund was established in 1992 when
U.S.P.C.I. created it. The Trust was established for the citizens of Rosemount and the fund has
grown substantially since that time. Some examples of what the Trust Fund has given funding to
are: skate park equipment, new band uniforms for High School, and fireworks for Leprechaun
Days. Droste recommended Steve Casey be appointed as Trustee. Casey is a 13 year Rosemount
resident, volunteer firefighter, and has been employed with Independent School District 196 for
23 years. Casey was selected from interviews held on March 13 Also selected that day was
Terry Zum for Planning Commissioner, Jay Tentinger for Port Authority Commissioner, and
Steve Wilson for Parks and Recreation Commissioner.
MOTION by Droste to appoint Steve Casey as Trustee for a three year term, beginning on April
4, 2003 through December 31, 2005 to the Rosemount SKB Trust Fund. Second by Shoe
Corrigan. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion
carved.
Chippendale Avenue Speed Limit (CSAH 42 to 160` Street)
City Engineer Brotzler reviewed the traffic speed limits on Chippendale Avenue between CSAH
42 and 160 Street. Based on the speed study done by Minnesota Department of Transportation
(MnDot) in 1982 the authorized speed limit for Chippendale Avenue was 45 MPH. The posted
speed is 30 MPH. MnDot authorized a new speed study and Brotzler received verbal
confirmation of it by phone, however, the written report will be received in June. The City will
be required to comply with MnDot's reconutrendation at that time. Council determined that it
would be best to wait for that report rather than having to change the speed limit signs again.
MOTION by Riley to table the speed limit change consideration until formal authorization is
received by MnDot. Second by Shoe Corrigan. Ayes: DeBettignies, Shoe- Corrigan, Droste,
Riley, Strayton. Nays: None. Motion carried.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 3, 2003
Concept Residential Planned Unit Development Centex Homes
Community Development Director Parsons presented the Planned Unit Development Concept
Plan for property owned by Craig Minea and Patricia Kavorius and developed by Steve Ach of
Centex Homes. The location is south of 135 Street and west of Biscayne Avenue. Parsons
noted that there are restraints, a pipeline easement, collector streets, ponding areas, park open
space, and a railroad line. This zoning is guided for Urban Residential which allows for four
different unit densities. The housing mix would be 65% single family and 35% for multiple
family. This is exactly the housing mix preferred. Conditions were added by staff as follows: 1)
The alignment of Connemara Trail impacts other properties beyond the west edge. Some
flexibility may exist; however, the full impact will have to be verified, and the result may impact
the number of dwelling units. As well, Connemara Trail will have to be constructed to a 40 mile
per hour design speed. 2) Bacardi Avenue along the western edge might be severely restricted
because of the convergence of many pipelines at the northwest corner of Bacardi Avenue and
13.5 Street West. 3) No variances to right -of -way or public private street standards are
recommended. 4) Pipeline easement restriction may also prohibit the driveway encroachment of
the southerly most Carriage Townhomes. 5) The Fire Code will require tunrarounds or looped
connections at any shared driveway exceeding 150 feet. 6) The Park and Recreation Commission
will evaluate the park, trails and connections and forward its recommendation to the City Council
separately. 7) Common parking spaces should be provided at all the attached housing areas. 8)
Sidewalks Trails are required on both sides of the collector streets. 9) The concept must be
consistent with the Comprehensive Plan policies for the Urban Residential land use designation.
For example, the average net density cannot exceed 5.8 dwelling units per acre without an
amendment to the Comprehensive Plan. 10) Completion of the appropriate environmental review
process as required by the Environment Quality Board in this case, an Environmental
Assessment Worksheet EAW.) 1 1) Concept approval does not guarantee densities or numbers
of dwelling units or lots. Council proceeded to discuss and add three more conditions: 12) The
land designated for higher density housing will have to be rezoned. The 3 -4 unit buildings will
have to be rezoned to R -2, Moderate Density Residential, and the 8 -10 unit buildings will have to
be rezoned to R -3, Medium Density Residential. 13) No single family lots narrower than 80 feet
will be created except where clustering may preserve natural features or where the lot is deep
enough to meet the minimum lot area in the R -1 residential district. No single- family lots shall
be narrower than 70 feet. 14) The plan shall use creative methods to give sensitive, protective
treatment to slopes, wetlands and wooded areas, for example, in the northwest comer of the site.
15) The plan shall have extensive landscaping, buffering and screening along the railroad tracks
and along Connemara Trail.
MOTION by Shoe Corrigan to ADOPT A RESOLUTION APPROVING THE CONCEPT
FOR THE MINEA PROPERTY WITH CONDITIONS by staff and including three
additional conditions by City Council. Second by Riley. Ayes: Shoe Corrigan, Droste, Riley,
Strayton, DeBettignies. Nays: None. Motioned carried.
Consider Resolution of Support Great River Energy Exemption
City Administrator Verbrugge gave a background of the Great River Energy seeking support for
legislation granting a personal property tax exemption on a clean burning natural gas
intermediate power plant that is proposed to be built in east Rosemount. A public informational
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 3, 2003
meeting was held and 35 interested residents voiced concem about the density of industrial
facilities in that area. No proposed power plant has proceeded without the property tax exemption
since 1994. City Staff identified potential impacts relating to public safety, transportation, and
infrastructure, and use of the City's water system, storm water system and police and fire safety
service. Rosemount would benefit from a host agreement for providing benefit to the greater
community. Verbnugge noted that Senator David Knutson has Senate File 715 and
Representative Dennis Ozment has House File 438 before the legislature.
Mr. Lancaster, representing Great River Energy, explained the permitting process, the plant
operations, and fuel sources. Fuel oil may be piped into the plant or it may need to be trucked in
which would require about 50 truck loads to fill their holding tank per day on a peak energy day.
Terry Flower. 13586 Fischer Avenue, noted that Flint Hills Resources is the twelfth largest
refinery in the United States. Flower was active with Dakota County Citizens for a Healthy
Environment and Metropolitan Council. Flower reported that he needs to power wash the
exterior of his home ever) year now due to the industrial air pollutants. Flower asked City
Council to vote no for this tax exemption for Great River Energy because of the negative impact
it will have on Rosemount and neighboring communities.
Frank Knoll, 4342 145` Street, said he would like to see the site moved further east because of
the four families in the area.
Greg Fox, 15391 Emery Avenue, noted that there are a lot of industrial businesses in that area
now and the power plant proposal needs more time for consideration.
Joe Jubert, from Great River Energy, said he could provide a list of plants with their size and
location for review. Discussion ensued.
MOTION by Riley to approve A RESOLUTION SUPPORTING SENATE FILE 715 AND
COMPANION HOUSE LEGISLATION GRANTING A PERSONAL PROPERTY TAX
EXEMPTION TO GREAT RIVER ENERGY FOR THE CONSTRUCTION OF A
COMBINED CYCLE NATURAL GAS INTERMEDIATE POWER PLANT IN THE
CITY OF ROSEMOUNT, CONTINGENT UPON EXECUTION OF A HOST
AGREEMENT WITH GREAT RIVER ENERGY. Second by DeBettignies.
DeBettignies asked to append the motion with reference to House File 438 for the companion
House Legislation. The motion maker, Riley, agreed. The motion was amended to read:
MOTION by Riley to approve A RESOLUTION SUPPORTING SENATE FILE 715 AND
HOUSE FILE 438 GRANTING A PERSONAL PROPERTY TAX EXEMPTION TO
GREAT RIVER ENERGY FOR THE CONSTRUCTION OF A COMBINED CYCLE
NATURAL GAS INTERMEDIATE POWER PLANT IN THE CITY OF ROSEMOUNT,
CONTINGENT UPON EXECUTION OF A HOST AGREEMETN WITH GREAT
RIVER ENERGY. Second by DeBettignies. Ayes: Droste, Riley, DeBettignies, Shoe Corrigan.
Nays: Strayton. Motion carried.
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Announcements
Mayor Droste reviewed the up coming meetings. There will be an informational meeting on
April 9 at 6:00 p.m. for the Chippendale Avenue and CR 42 Improvements. City Council is
holding a Goal Setting Workshop on April 12, 8 a.m. to noon.
Mayor Droste adjourned the regular meeting at 10:40 p.m.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 3, 2003
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -13.
Linda Jentink, City Clerk
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
APRIL 10, 2003
Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on
Thursday, April 10, 2003 at 6:30 p.m. in the Council Chambers at City Hall.
Mayor Droste and Council Members Riley, DeBettignies, Shoe Corrigan, and Strayton were
present. Also in attendance were City Administrator Verbrugge, Police Chief Kalstabakken,
Connnunity Development Director Parsons, Human Resource /Communication Coordinator
Graff, Finance Director May and Parks Recreation Director Schultz.
AMM Legislative Update
Gene Ranieri and Roger Peterson, representing the Association of Metropolitan Municipalities,
discussed recent legislative activities and AMM legislative positions. Ranieri and Peterson
indicated that all of the caucuses are proposing to limit impacts to cities as a result of proposed
aid cuts. Levy limits, bonded indebtedness, and reverse referenda are all issues of concern to
cities.
Ranieri stated that a bill to allow cities to use alternate forms of publication for public notices
was still alive in the House, although it had not cleared Senate committee. Tax increment
financing bills are expected soon, Ranieri said. Transportation is a major issue this session.
Ranieri also said it appears the wage freeze for all public employees is dead, although it may still
occur for state employees.
Ranieri and Peterson said they would keep all metro cities informed of the many changes and
developments in the final weeks of the session.
2003 Resident Survey
City Administrator Verbrugge explained the purpose for conducting a resident survey. He
indicated that the survey was a good way to measure the Council's goals against the perceptions
and attitudes of the residents. He and Human Resources /Communications Coordinator Graff
explained the statistical sample and how the random survey would be conducted by telephone.
Council member DeBettignies suggested there were other methods of surveying the community.
Council members discussed other survey methods and how to gather information from the
community.
The City Council directed staff to prepare a resident survey through Decision Resources Ltd.
Staff will bring a draft survey document back to the Council for final review before having the
Council authorize the survey.
Park Dedication Commercialllndustrial
Staff updated the Council on the recommendation made by the Parks and Recreation
Commission regarding increasing land requirements for Commercial and Industrial Park
Dedication. The Parks and Recreation Commission recommended increasing the commercial and
industrial park dedication amounts from 5% to 10% of the subdivision. The dedication amounts
are reviewed annually. Based on the growth of our community, increased need for recreational
facilities and what can be considered to be a reasonable dedication amount, the Parks and
Recreation Commission felt that the City was not collecting enough parks dedication from
commercial and industrial subdivisions to fully develop the City's park system. Schultz referred
to a survey that identifies what other cities are collecting for parks dedication for commercial and
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
APRIL 10, 2003
industrial subdivisions. The Council questioned possible impacts to new businesses and staff
indicated that it is part of doing business and that they do create an increased need for
recreational facilities. Schultz also mentioned that once the land subdivides, the City needs to act
as per our subdivision ordinance to collect the land or fee. The subdivision use might change, but
it is difficult to go back and try to get the dedication fee or land.
Schultz also updated the Council on the Conunission's recommendation to include language in
the subdivision ordinance to require parks dedication for subdivisions not currently covered by
our subdivision ordinance. Public and institutional uses are two such subdivision types that
would most likely not provide parks dedication with our current ordinance. Schultz commented
that he had contacted City Attorney Charlie LeFevere and asked his opinion regarding parks
dedication for developments that are not considered residential, conmrercial, or industrial. Mr.
LeFevere agreed with staffs understanding of our ability to collect dedication on these types of
developments. Schultz informed the Council that these developments in most cases will cause a
need for parks and recreation facilities and are eligible to provide parks dedication. As
mentioned earlier by Schultz, once a property is subdivided it most likely will not be eligible for
parks dedication in the future. Schultz also reminded the Council that they have the ability to
look at each subdivision on an individual basis and adjust the amount of dedication based on the
specific characteristics of the proposed subdivision. The Council felt both of these items were
justified and supported staff moving forward on amending the subdivision ordinance.
User Fee Analysis Study
Council and staff continued discussion on the fee study that occurred at the March 13th meeting.
Council directed staff to finalize all parts of the study and bring an amended fee resolution to
them in June for a July 1st implementation for the proposed changes.
Pavement Management System
Ron Bray with WSB presented to Council a proposal to prepare a pavement management system
utilizing ICON software developed by Goodpointe. The development of a pavement
management system utilizing this software will allow Council and Staff to make informed
decisions with regards to the allocation of funds to maintain and reconstruct streets within the
City.
Proclamation of Support National Guard
Mayor Droste said that he had received a request for the City Council to consider a proclamation
supporting the local National Guard unit and local service men and women participating in the
Iraqi war. The City Council agreed this was a good idea and directed Staff to prepare a
proclamation for the April 17 City Council meeting.
UPDATES
Emergency Management Plan
Staff will be preparing a policy document for future review.
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
APRIL 10, 2003
Highway 3 Project Schedule
Staff provided Council with a verbal update of the TH 3 project schedule. The Contractor plans
to begin miscellaneous work the week of April 14 with the major work, including a detour to
begin May 5 °i The completion date for the project is June 15
2003 Goals
City Administrator Verbrugge stated that the City Council was having a special meeting on
Saturday, April 12 to further discuss the City Council's goals for 2003 -2004. He indicated that
Staff was preparing information to present regarding staff initiated projects for Council review.
He said the first portion of the meeting would be dedicated to finalizing the Council's goals and
the remainder of the meeting discussing Staff projects and issues.
Executive Session
The executive session was called to strategize for the negotiations with the City's AFSCME
union.
The meeting was adjourned at 10:10 p.m.
Respectfully submitted,
City Clerk Linda Jentink
The City Council's Agenda Packet is Clerk's File 2003 -14.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 17, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Thursday, April 17, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145 Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan,
Riley and Strayton present. Also present were City Administrator Verbrugge, Attorney Robert
Vose, City Engineer Brotzler, Human Resource 1 Communications Coordinator Graff, Parks
Recreation Director Schultz, City Plamrer Pearson, Project Engineer Aderhold, and Consultant
Engineer Dave Hutton. The Pledge of Allegiance was led by the National Guard.
Additional information was provided for several Items: 5b. A revised proclamation for support
of the Anned Forces, National Guard, and Reserve Units; 6f. Bids received for City Project 345,
East Side Watermain and attorney's letter; 7. Applicant requested a continuation of this Public
Hearing and letters were received in support of the denial of the variance; 8. Preliminary
assessment roll and exhibit were added and three letters received against assessments; 10c.
Comments on the 500' buffer requirement for service stations and convenience stores restricting
sales of fireworks. There were no changes made to the agenda. There were no public comments
taken from the audience.
Proclamation for Poppy Day
The American Legion Auxiliary requested a proclamation for Poppy Day, May 9, 2003. This
would be a day to honor veterans and those Americans who have died protecting freedom.
MOTION by Droste to proclaim Poppy Day on May 9, 2003 in the City of Rosemount
Minnesota. Second by Riley. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays:
None. Motion carried.
Proclamation of Support for Armed Forces, National Guard, and Reserve Units
City Council wanted to show their support and recognize our local Aimed Forces, National
Guard, and Reserve units serving in the military. Council encourages local citizens to pledge
their support during this time of conflict. Mayor Droste noted that the City of Rosemount has
been in partnership at the Community Center/National Guard Armory for nine years. The
National Guard staff present thanked the Council and residents for their support of the troops and
their families.
MOTION by Droste to approve the proclamation of support for our local Armed Forces and
National Guard and Reserve Units. Second by DeBettignies. Ayes: DeBettignies, Shoe Corrigan,
Droste, Riley, Strayton. Nays: None. Motion carried.
Arbor Day and Arbor Month Proclamation
Parks and Recreation Director Schultz presented a proclamation noting Arbor Day on May 3 and
May as Arbor Month. The Parks and Recreation Department will work in conjunction with the
Public Works staff and Dakota Electric to coordinate an Arbor Day Program and tree -give -away.
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ROSEMOUNT CITY PROCEEDINGS
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APRIL 17, 2003
MOTION by DeBettignies to approve the proclamation identifying May 3, 2003 as Arbor Day
and the month of May as Arbor Month. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste,
Riley, Strayton, DeBettignies. Nays: None. Motion carried.
Consent Agenda
Mayor Droste pulled Item 6. f. Receive Bids /Award Contract East Side Watermain, Phase 2
Improvements, City Project 345, from the Consent Agenda for discussion.
MOTION by Riley to approve the Consent Agenda withdrawing Item 6.f. for discussion.
Second by Shoe Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays:
None. Motion carried.
a. Minutes of April 3, 2003 Regular City Council Meeting
b. Bills Listing
c. Expenditure from Donation Account Administration
d. Mineral Extraction Pemtit Renewal Danner Inc.
e. Lot Split Rosemount Business Park
Pulled for discussion
g. Sergeant Promotion
h. Hiring of Assistant Planner
i. Pavement Management System
6.f. Receive Bids /Award Contract East Side Watermain, Phase 2 Improvements, City
Project 345
Mayor Droste received a letter from Three Rivers Construction. City Engineer Brotzler reviewed
the bids received March 14, 2003. The low kidder. Three Rivers Construction Inc. did not
acknowledge receipt of an addendum with their final bid as required. Due to this, the City
Attorney recommended rejecting the Three Rivers bid and awarding the bid to Contractors Edge,
Inc.
Attorney Bob Huber spoke in behalf of Three Rivers Construction, Inc. Huber noted that a city
council has the right to wave a minor irregularity. Since the addendum only changed the bid by
5276 and the City had faxed proof that Three Rivers had received the addendum, Huber felt this
would be a minor irregularity. Council Member Shoe Corrigan suggested re- bidding the project.
City Engineer Brotzler noted re- bidding would delay the project 6 to 8 weeks. Mayor Droste
noted that another risk would be to award the bid and then face possible litigation that may delay
the project as well. City Administrator Verbrugge stated he could provide more inforniation
about legal costs and delay of the project.
MOTION by Droste to table the award of bid for East Side Watermain Phase 2 hnprovements,
City Project 345 until May 6th when Council will receive the risk -cost difference. Second by
Riley. Ayes: Riley, Strayton. DeBettignies, Droste. Nays: Shoe Corrigan. Motion carried.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 17, 2003
Mayor Droste noted at the end of this meeting that the motion for easements had been
overlooked. Council proceeded to follow through with the recommended motion.
MOTION by Droste to authorize compensation to property owners for the acquisition of
easements as noted for the East Side Waterntain Phase 2 Improvements, City Project 345.
Second by Riley. Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None.
Motion carried.
PUBLIC HEARING: Appeal of Board of Appeals Adjustments: Kulhanek Denial of
Variance
Mayor Droste explained the process used for public hearings. The Affidavits of Notice and
Publication were on file with the City Clerk. Droste also acknowledged three letters received for
the record from Attorney Brian D. Alton, Kurt and Betty Ann Schneider. and Phil and Karen
Cassehnan. In addition, a hydrology report from Barr Engineering dated February 28. 2001, was
presented from Schneiders for background information.
City Planner Pearson noted that Mr. Kulhanek's attorney has requested that the Public Hearing
be continued to May 6th. Staff was considerate of that request and recommended a continuance
of the Public Hearing to the May 6th regular City Council meeting. Staff noted that there were
residents in the audience who wished to address council.
Tracy Dougherty, 12375 Blanca Avenue West, a neighbor of Mr. Kulhanek's, gave a detailed
review of the building process for 12355 Blanca Avenue. Kulhanek's lot is a partial wetland with
drainage coming from neighbor's lots. Neighbors were concerned about where the water would
go if it were displaced by buildings and hired Barr Engineering to research the possibilities. One
condition attached to the approval of the Kulhanek building permit was to provide a storm water
outlet. That was not done. City Council in 2001 made findings that an accessory structure could
not be constructed. but a two -car attached garage was allowed. Mr. Kulhanek also hired a
consultant, Mr. Svoboda, whose model did not use the same calculation methods that are city
policy.
City staff recently determined that a garage could be located east of the house, which would only
impact the wetland buffer zone and may not require a variance. Mr. Kulhanek was not interested
in placing the garage in that location. Tracy Dougherty requested to be noticed molten this is
considered again by Council.
MOTION by Droste to continue the Public Hearing for the Appeal of Board of Appeals
Adjustments Denial of Variance at 12355 Blanca Avenue West to May 6, 2003. Second by
Strayton. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley. Nays: Strayton. Motion carried.
PUBLIC HEARING: Chippendale Avenue /CSAH 42 Street Utility Improvements, City
Project 344
Mayor Droste explained the public hearing process. The Affidavits of Notice and Publication
were on file with the City Clerk. Droste noted three letters that were received regarding
assessments and safety from Rosemount National Bank, Eric Heim, and Jennifer Heim.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 17, 2003
City Engineer Brotzler presented the preliminary assessment roll for City Project 344. Brotzler
noted that a special informational meeting was held and comment cards were returned. These
comments are recorded in a memo dated April 15, 2003 to City Council. Dave Hutton of WSB
Engineering gave a review of the feasibility report. The project includes the reconstruction of
Chippendale Avenue from 145th Street to 151st Street and improvements to the intersection of
Chippendale Avenue and County Road 42. A new signal system is proposed and a center median
south on Chippendale Avenue closing the left -in access at 151st Street. City Attorney LeFevere
has been negotiating with Holiday gas station on the access closure. LeFevere suggested going
ahead with the closure. Hutton explained the traffic counts and the 20 -year projection of growth
to 2023. A three to four lane street would handle 10,000 to 18,000 cars per day; a divided four
lane street would handle over 18,000 and take the street life out ten to twenty years. The
pavement on Chippendale north of CR 42 is 22 years old and in need of repair. The four lane
intersection is recommended to taper to a three lane system on Chippendale north of CR 42 at
149th Street and a center median is recommended there. The special assessments are assigned
according to the Assessment Policy that applies to those property owners who have driveway
access to the street being reconstructed. About $100,000 of the $1,892,480 estimated cost is
assigned for assessments. Council directed questions for clarification to Hutton. Council did not
have consensus on the immediate need for increasing lanes north of CR 42 on Chippendale.
Council did have consensus on proceeding with sidewalks and trails on Chippendale Avenue.
Mayor Droste opened the public hearing for audience comment.
Glen Uitdenbogerd, 14625 Chippendale Avenue, noted he is in favor of the improvements of
Chippendale Avenue and CR 42 and has no problem with the left turn lanes. However,
Uitdenbogerd did not think the traffic would increase because this area is a residential area that is
fully built out. Therefore, he did not see the need to increase lanes. Uitdenbogerd did agree that
the sidewalks be extended; however, there are many mature trees that will be lost. Frontier has
cables that are in the way also. Uitdenbogerd noted that at times Chippendale is like a race track
with speeding vehicles. Uitdenbogerd also noted that the high school exit to Chili Avenue was
never meant to be a permanent street and is not a city street.
Gene Stiles, 3515 147th Street West, disagreed with the need to increase lanes on Chippendale.
Stiles noted that he has storm water drainage problems on his lot, which worsened after the last
city improvement twenty years ago. A catch basin was placed in his backyard, which has six
neighboring yards draining into it. His yard is lower than the street and he would like this
drainage problem addresses. Council agreed this problem should be addressed.
Joe McNamara, Rosemount National Bank, 15055 Chippendale Avenue, felt the traffic
projections show more traffic than will actually occur. The Bank maintains that the assessment
is unfair because only a small percentage of the traffic will be corning into the bank for business.
The easement for the road was already given when the hank was built a few years ago.
McNamara stated that this improvement for the future would not benefit the commercial area
now. Most traffic enters the bank now on 151st Street. McNamara concluded that the street
improvements are appreciated but he does not agree with the assessment.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 17, 2003
Mary Anne Giles, 14684 Chile Avenue, was concerned for children and pedestrians in this area
because of the raceway it has become. Giles stated drivers are passing and speeding continually.
Ron Carlson, owner of Rosemount Market Square, noted that an agreement was filed with
Dakota County in 1985 maintaining access to Chippendale Avenue. Carlson did not want to have
the left -in access closed by a center median. Carlson noted he did not receive the notice on this
project. Staff noted the property is deeded to Lucy Carlson, care of United Properties and that
proper notice was mailed. Droste directed staff to contact Carlson regarding access.
MOTION by Droste to close the Public Hearing for Chippendale Avenue /CSAH 42 Street and
Utility Improvements, City Project 344. Second by Strayton. Ayes: DeBettignies, Shoe Corrigan,
Droste, Strayton. Nays: None. Council Member Riley left the Chambers temporarily. Motion
carried.
Council discussed options. Engineer Brotzler noted that traffic accidents at the noted intersection
reached 43 between 1998 and 2002. Mayor Droste noted that Metropolitan Council estimates that
the population of Rosemount will be 33,000 in 2023 and that the City needs to prepare for that.
Council Member Shoe Corrigan noted that the Stiles lot should be addressed. Shoe Corrigan also
noted that traffic counts were conducted during the summer when school was not in session, so
the accuracy is questionable. Council Member Riley wanted consideration to save some of the
mature trees on Chippendale Avenue. Engineer Hutton noted that the State has minimum
standards for street width in order to receive State Aid funds. Shoe Corrigan stated that the
overall welfare of the whole city is affected by traffic and this improvement needs to go forward.
MOTION by Riley to ADOPT A RESOLUTION APPROVING THE PROJECT AND
ORDERING THE PLANS AND SPECIFICATIONS FOR THE CHIPPENDALE
AVENUE /CSAH 42 STREET AND UTILITY IMPROVEMENT, CITY PROJECT 344,
bidding it as three -lane and bidding it as one project. Second by Shoe Corrigan. Ayes: Shoe
Corrigan, Droste, Riley. Nays: Strayton, DeBettignies. Motion passed 3/2.
Staff will prepare revised final plans and provide discussion with the businesses east of
Chippendale Avenue.
Comprehensive Plan Amendment McMenomy/Hertog Property
City Planner Pearson presented a comprehensive guide plan amendment for a twin -home
development proposed on sixteen acres zoned Public Institutional. It is proposed to rezone that
parcel to R -2, Moderate Density Residential. It was noted that the railroad in this area only
delivers to West Publishing in Eagan with trains moving at minimal speeds. Approval by
Metropolitan Council is necessary before the city can proceed. The Planning Commission
recommends approval of the zoning change by a Comprehensive Plan amendment.
MOTION by Droste to authorize the preparation of an amendment to the 2020 Rosemount
Comprehensive Plan to change the land use designation for the subject property to Urban
Residential from Public Institutional. Second by Riley. Ayes: Droste, Riley, Strayton,
DeBettignies, Droste. Nays: None. Motion carried.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 17, 2003
Residential PUD Concept Plan for Uitdenbogerd, 14676 Dodd Boulevard
City Planner Pearson presented a proposal for four single family lots at a location of a single
older home. This is an in -fill solution, which will blend with the neighboring parcels. Access for
the homes would be on Dodd Boulevard. The back lot would require a strip of land for a
driveway on the west boundary for access to Dodd Boulevard. Developer Ed McMenomy stated
that without the access for that lot, it would not be economically feasible for the development. A
variance would be needed for that lot. Council consensus agreed with the concept.
MOTION by DeBettignies to ADOPT A RESOLUTION APPROVING THE CONCEPT
PLANNED UNIT DEVELOPMENT FOR THE UITDENBOGERD PROPERTY AT 14676
DODD BOULEVARD WITH CONDITIONS. Second by Droste. Ayes: Riley, Strayton,
DeBettignies, Shoe-Corrigan, Droste. Nays: None. Motion carried.
Fireworks Ordinance
City Administrator Verbrugge requested that this ordinance be tabled until after August, 2003.
The Chamber of Commerce requested input and several businesses had already set up displays
for firework sales. The proposed ordinance would be site regulated to insure public safety. A 500
foot buffer area from a service station or convenience store around a sale site is recommended.
Further discussion will be solicited with the business community.
MOTION by Droste to table the proposed fireworks ordinance until August 2003. Second by
DeBettignies. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion
carried.
Farmsteads Exterior Materials Zoning Text Amendment
City .Administrator Verbrugge had been contacted by the City Attomey today who pointed out
unclear language, which may cause potential confusion in effectively applying the city
regulations. Verbrugge suggested that the Planning Commission review these language changes
before City Council considers the zoning text amendment.
MOTION by DeBettignies to table the amendment proposal to the zoning ordinance establishing
an exception to the accessory structure materials standards for traditional farmsteads. Second by
Strayton. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: none. Motion
carried.
Announcements
City Administrator Verbrugge announced a 'Be Active" spring walk on April 26th at Lebanon
Hills Park in Eagan. Verbrugge invited Council and residents to participate.
Mayor Droste reviewed the up coming meetings. City Council will return to normal scheduling
for the regular City Council meetings, the first and third Tuesdays of the month. The Committee
of the Whole work session in May will be held on Thursday, May 15th, thereafter, it will be on
Wednesday following the first regular City Council meeting. May 17th a Open Forum will be
held where City Council invites residents to come and voice any concerns regarding the City. On
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May 21st at 6:30 p.m. all city commissions will meet with City Council and city staff for an
orientation and goal overview.
Mayor Droste adjourned the regular meeting at 10:42 p.m.
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -16.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 17, 2003
O'
Linda Jentink, City Clerk
Recording Secretary
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
I%IAY 6, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, May 6, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145 Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Riley and
Strayton present. Council Member Shoe Corrigan was absent. Also present were City
Administrator Verbrugge, Attorney LeFevere, City Engineer Brotzler, City Planner Pearson, and
Police Chief Kalstabakken. The Pledge of Allegiance was given.
Additional information was provided for several items: 8. a. Receive Bids /Award Contract East
Side Waterrnain Phase 2, City Project 345, Attorney Volz letter against bid award; 8.b.
Chippendale CSAH 42 Street and Utility Improvements had letters presented from Tom
Connolly, Rishi Mohabir, Clifford and Lucy Carlson, and a 1985 Development Agreement
against a median placement on Chippendale Avenue. There were no changes made to the agenda.
There were no public comments taken from the audience.
MOTION by Droste to accept the agenda as presented. Second by Strayton. Ayes: Four. Nays:
None. Motion carried.
National Public Works Week Proclamation
City Administrator Verbrugge noted that Rosemount has 18 full time employees in the Public
Works Department and an additional 12 part -time employees during the summer. The 2003
National Public Works Week is May 19 to the 25 President John F. Kennedy first proclaimed
National Public Works Week as an annual reminder of the many ways public works contributes
to our quality of life. Public Works employees provide services at all hours of the day and night
so that the rest of us can enjoy our normal daily schedules. The City of Rosemount residents and
businesses thank this department for their problem solving skills and keeping our streets, parks,
and water and sewer systems in good condition. Public Works also thanks the City Council for
their past and future support in development plans and maintenance of operations.
MOTION by Droste to proclaim May 19, 2003 through May 25, 2003 as "National Public
Works Week." Second by Riley. Ayes: Riley, Strayton, DeBettignies, Droste. Nays: None.
Motion carried.
National Police Week Proclamation
Police Chief Kalstabakken noted that May 15` has traditionally been set aside to recognize all
police officers killed in the line of duty. The community assumes that police service will be
available when needed and city staff appreciates City Council's support of that.
MOTION by Riley to approve a proclamation identifying May 11 to 17, 2003 as Police Week
and May 15, 2003 as Peace Officers' Memorial Day. Second by DeBettignies. Ayes: Strayton,
DeBettignies, Droste, Riley. Nays: None. Motion carried.
City Council Goals 2003 2004
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ROSENIOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 6, 2003
City Administrator Verbrugge presented a document of goals that were established by City
Council at several meetings this spring. These are `big picture" goals that identify a number of
key projects and critical issues that will require significant policy direction and staff time to
achieve in the next several years. Verbrugge explained that by adopting these goals the City
Council will measure the performance of the City Administrator and department heads through
the pursuit of accomplishing the goals or progressing toward their accomplishment.
MOTION by Riley to adopt The Rosemount City Council Goals 2003 -2004. Second by
DeBettignies. Ayes: DeBettignies, Droste, Riley. Strayton. Nays: None. Motion carried.
Consent Agenda
MOTION by Riley to approve the Consent Agenda. Second by Droste. Ayes: Droste, Riley,
Strayton, DeBettignies. Nays: None. Motion carried.
a. Minutes of April 17. 2003 Regular City Council Meeting
b. Minutes of April 10, 2003 Committee of the Whole
c. Minutes of April 12, 2003 Special City Council Meeting
d. Bills Listing
e. Donation Account Expenditure for Police Department. D.A.R.E. Fund
f. Accept Employee Resignation and Hiring Process for Maintenance Workers
g. Resignation of Employee
h. AAA Automotive Site Plan Review PUD Amendment
i. Marotzke Agriculture Lot Division, Biscayne Avenue
j. Novacek Property Subdivision Waiver
k. Authorize Plans Specifications for Bloomfield 7th Addition Street Utilities
Improvements, City Project 368
1. Removal of Sidewalk
m. Set Public Hearing for Connemara Trail Phase 2 Improvements, City Project 343
n. Authorization to Replace HVAC Units at City Hall
PUBLIC HEARING: Appeal of Board of Appeals Adjustments: Kulhanek Denial of
Variance
Mayor Droste explained this public hearing was continued from the April 15 th City Council
meeting. City Planner Pearson noted that Mr. Kulhanek's attorney has requested that the Public
Hearing be extended again and since staff did not receive the report prepared by Mr. Kulhanek's
representative until 24 hours prior to the meeting, staff agreed more time was needed to review
the information.
MOTION by Droste to continue the Public Hearing for the Appeal of Board of Appeals
Adjustments: Kulhanek Denial of Variance, 12335 Blanca Avenue West to May 20 2003.
Second by DeBettignies. Ayes: Strayton, DeBettignies, Droste. Nays: Riley. Motion carried.
Council Member Riley noted she did not support this second continuation of the public hearing
because she is not willing to hold the neighbors hostage on this issue and waste the time and
money of the City.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 6, 2003
Receive Bids /Award Contract for East Side Watermain Phase 2, City Project 345
City Engineer Brotzler reviewed the bid results opened March 14, 2003. There was an
irregularity with the low bidder, Three Rivers Constntction, Inc., in that they did not
acknowledge receipt of an addendum. The second low bidder, Contractor's Edge. Inc.. requested
that they be awarded the contract as the lowest responsible bidder. Attorneys on all sides
examined the issue and gave their deliberation favoring their client. The City Council was
presented three options: 1) Waive the irregularity in the bid submitted by Three Rivers
Construction, Inc.; 2) Reject the low bid by Three Rivers Construction, Inc. due to an irregularity
and award the contract to Contractor's Edge, Inc.; 3) Reject all bids and authorize re- bidding of
the project.
City Attorney LeFevere said either choice could end in litigation. Both contractors have indicated
they intend to sue. LeFevere recommended it would be in the best interest of the City to re -bid
City Project 345 because it is the least likely means to result in a lawsuit.
Council Members and Mayor Droste reviewed the facts presented including delaying the project
and possible cost increases.
MOTION by Riley to reject all bids and authorize re- bidding of the project.
Attorney Volz stood in the audience and asked to be heard. Mayor Droste noted there was a
motion on the floor and it would be inappropriate for discussion at this time.
Second by DeBettignies. Ayes: DeBettignies, Droste. Riley. Nays: Strayton. Motion carried.
Attorney Volz, representing Contractor's Edge, noted that this was the last day to award the bid
for City Project 345 and she wished to be heard. Droste denied her request since this was not a
public hearing.
Order Project/Authorize Plans Specifications for Chippendale /CSAH 42 Street and
Utility Improvements, City Project 344
Mayor Droste reviewed the motion passed on April 17 by a vote of 3 to 2 which approved the
project. State aid funding, Chapter 429, requires a 4/5 majority because of assessments
involved. City Engineer Brotzler presented three options to consider moving the project forward.
One option would keep the project the same as originally proposed. Option two would be to
modify the project by not widening Chippendale Avenue north of CSAH 42 except to blend with
the intersection at CSAH 42. The street would receive a mill and overlay and trails and sidewalk
improvements. Option three would include improvements on Chippendale Avenue between 149
Street and 151 Street, with intersection improvements at CSAH 42. Council discussed the
options.
Gary Gandrew, Attorney for Fagre Benson, represented Holiday Companies, noted the median
closing access to the Holiday Station Store was not acceptable. Gandrew referred to the 1985
agreement with the City that would prohibit installing a median.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 6, 2003
Council Member Strayton stated he was offended that Attorney Ganders would present
information at the last minute and expect Council to act on it. The Public Hearing would be a
more appropriate time to address the Council after they reviewed his infomration. Attorney
LeFevere noted that staff has not been successful in negotiating with Holiday Companies.
MOTION by Riley to ADOPT A RESOLUTION SETTING THE PUBLIC HEARING
FOR CHIPPENDALE /CSAH 42 STREET AND UTILITY IMPROVEMENTS, CITY
PROJECT 344 with proposed Option 2. Second by DeBettignies.
A friendly amendment was proposed by Second DeBettignies to add the date of the public
hearing, May 20, 2003. Motion maker Riley accepted the amendment to the motion.
MOTION by Riley to ADOPT A RESOLUTION SETTING THE PUBLIC HEARING
FOR CHIPPENDALE /CSAH 42 STREET AND UTILITY IMPROVEMENTS, CITY
PROJECT 344 with proposed Option 2 and the Public Hearing is to be held on May 20, 2003.
Second by DeBettignies. Ayes: DeBettignies, Droste, Riley, Strayton. Nays: None. Motion
carried.
Bloomfield 7 Addition Rezoning and Final Planned Unit Development
City Planner Pearson presented the concept plan and rezoning for Bloomfield 7` Addition
responding to Council's request for off street parking and additional landscaping. Because of the
long driveways and on street parking more parking is available than required. Staff feels there are
safety issues with the common parking stalls which would require cars to back into the street.
Landscaping was added near the railroad tracks and Connemara Trail. Council Member Strayton
pointed out that the parking ban for snow removal could cause a parking shortage. Pearson noted
that the street width and driveways provides twice the minimal standard and this is a public
street. Pearson explained that the railroad track is higher than the screening planned and trees
would provide better screening. The concept plan was approved on February 20, 2003.
MOTION by Riley to ADOPT A RESOLUTION APPROVING THE BLOOMFIELD 7 T11
ADDITION PRELIMINARY PLAN with further buffering of trees, on lots 22 to 40, per the
City Planners discretion. Second by DeBettignies. .Ayes: Droste, Riley, Strayton, DeBettignies.
Nays: None. Motion carried.
MOTION by Riley to ADOPT AN ORDINANCE AMENDING ORDINANCE B
REZONING BLOOMFIELD 7 ADDITION TO R -2, MODERATE DENSITY
RESIDENTIAL. Second by Droste. Ayes: Riley, Strayton, DeBettignies, Droste. Nays: None.
Motion carried.
Council Member Riley noted she appreciates the partnership with Centex Homes and the City of
Rosemount.
Legislative Update
City Administrator Verbrugge pointed out Mayor Droste's support of the Suburban Transit
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 6, 2003
Association who opposes three provisions of the House Omnibus Transportation Finance bill
which would affect the funding for transportation.
Verbrugge updated Council on the LGA proposed calculations and levy limit restrictions.
Rosemount will likely lose all their LGA.
The legislature granted a tax exemption from personal property tax for Great River Energy
(GRE). GRE seeks to site a power plant on the eastern side of Rosemount. This tax exemption
was one of the requirements to further the project. GRE will still pay real estate taxes. A host
agreement is now under consideration for Rosemount and Dakota County.
MOTION by DeBettignies to authorize Mayor Droste to sign interim host agreement with Great
River Energy. Second by Strayton. Ayes: Strayton, DeBettignies, Droste, Riley. Nays: None.
Motion carried.
City Attorney LeFevere noted that a host agreement would not contain specific material, but
promises to act in good faith. It is difficult to enforce, but is still an agreement. City
Administrator Verbrugge noted the GRE has a good track record and intended to be a good
corporate neighbor.
Announcements
Mayor Droste reviewed the upcoming meetings. May 17th an Open Forum will be held where
City Council invites residents to come and voice any concems regarding the City. On May 2I st
at 6:30 p.m. all city commissions will meet with City Council and city staff for an orientation and
goal overview.
Mayor Droste adjourned the regular meeting at 9:15 p.m.
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -17.
Linda Jentink, City Clerk
Recording Secretary
ROSEMOIJNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
MAY 15, 2003
Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on
Thursday. May 15, 2003 at 6:30 p.m. in the Council Chambers at City Hall.
Mayor Droste and Council Members Riley, DeBettignies, Shoe Corrigan, and Strayton were
present. Also in attendance were City Administrator Verbrugge, Police Chief Kalstabakken,
Finance Director May and City Engineer Brotzler.
Key Financial Strategies
City Administrator Verbrugge introduced Jim Prosser and Rebecca Kurtz of Ehlers Associates
and Todd Gerhardt, city manager of Chanhassen. Verbrugge stated that the City has a number of
potentially significant capital expenditures in the near future. is looking at budgeting issues as a
result of State changes to Local Goverrunent Aids, is experiencing rapid growth, and the Council
has adopted an aggressive goals document. He said that the Key Financial Strategies (KFS)
approach is a way to manage financial planning for the community. NIr. Prosser was invited to
discuss the program with the Council and Mr. Gerhardt was invited to share the Chanhassen
experience with KFS.
Mr. Prosser explained that the creation of Key Financial Strategies was in identifying needs for
communities. KFS provides a framework for dealing with issues. Mr. Gerhardt used the
example of Chanhassen's decision to build a water treatment plant; that Chanhassen had a
Comprehensive Guide Plan and a Capital Improvement Plan, but no document to combine the
two until using KFS.
Prosser stated that the City Council's greatest commodity is time. KFS, he said, allows the
Council and staff to best use limited time to make good decisions. Ms. Kurtz explained that KFS
is intended to help Council's identify a need, assess the need, and direct implementation.
Prosser discussed with the Council barriers to achieving goals. Barriers that were identified by
the Council included the City's fund balance, money, time, people, land, marketing, and
consistency from one Council to the next. Prosser explained that all of these issues are or can be
addressed and considered as part of the KFS planting.
Council member Strayton asked what the timeline was for a finished product. Prosser stated that
the process generally takes 6 -8 months. Verbrugge said that although the process would not be
finished prior to the budgeting process for 2004, it would be a complementary process.
Council member DeBettignies asked Verbrugge if he thought KFS was a good product.
Verbrugge stated that he would not present something to the Council as an option if it were not a
good product.
The City Council directed staff to compile additional information such as the Chanhassen
product, a project budget, and proposed schedule for the next Committee of the Whole meeting
on June 11, 2003.
Wellness Program
City Administrator Verbrugge introduced Jeffrey Azen and Erin Ratelis of James Bissonett
Associates, Inc. (JBA). JBA is the City's health care consultant. Mr. Azen and Ms. Ratelis
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
MAY 15, 2003
presented information regarding Health Cost Management. Health Cost Management is an
employer provided strategy to help effectively contain employee health care costs.
Following the presentation, Council members directed staff to get numbers specific to
Rosemount.
Amendment to Bow Firearms Ordinance
An overview of the history of the ordinance and current restrictions was provided to Council.
The DNR encourages that hunting within the provisions of state law be allowed in urban areas
where it is possible as an effective means to manage the wildlife population. This is most
important in maintaining or reducing the deer population.
Discussion was held conceming the feasibility of allowing bow hunting for deer in the rural
residential areas of Rosemount, including the size of parcel on which hunting may safely and
realistically be conducted. Further discussion included allowing shotgun hunting on land west of
Akron Avenue that is still zoned as agriculture and used for agricultural purposes. Restrictions
on type of ammunition, elevated stands and landowner permission were reviewed.
Council directed staff to draft amendments to the ordinance allowing bow hunting in rural
residential and limited use of shotgun in the current restricted area.
Ordinance Review Schedule 2003
City Administrator Verbrugge provided a draft schedule for ordinance review in 2003. He stated
that review of a number of specific ordinances was included in the Council's 2003 -2004 goals.
Council concurred with the schedule as presented.
Because of the very heavy schedule to review ordinances, Verbrugge discussed the Council's
schedule for workshops to accommodate other issues that arise. He suggested that Port
Authority workshops prior to regular City Council meetings be substituted in the coming months
for brief City Council workshops. Council members agreed that was an efficient use of
Council's time and directed staff to adjust the schedule as necessary.
2003 Resident Survey
City Administrator Verbrugge stated that the estimated cost of $17,000 to perform the resident
survey by Decision Resources, Ltd. (DRL) exceeded the budget by roughly $5,000. In order to
meet the budgeted amount, staff worked with DRL to eliminate enough questions to get the cost
to S12,000 and still maintain the integrity of the survey instnunent. Verbrugge went through the
final draft survey with the City Council. The City Council concurred with the final draft and
directed staff to proceed.
Pre -Paid Legal Services
City Administrator Verbrugge shared with the City Council that the City had been approached by
Pre -Paid Legal Services regarding its product. Verbrugge explained that some cities are offering
access to Pre -Paid Legal Services as part of its employee benefits package. There is no cost to
the City to make the product available. Participation is at the employees' option and costs to
participate are paid by the employee.
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The City Council gave staff approval to discuss Pre -Paid Legal Services with the collective
bargaining units to determine if there is any interest.
UPDATES
City Engineer Brotzler provided updates to the City Council on the Chippendale Avenue and
CSAH 42 improvement project, and the Highway 3 project.
The meeting was adjourned at 10:15 p.m.
The City Council's Agenda Packet is Clerk's File 2003 -18.
Respectfully submitted,
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
MAY 15, 2003
City Clerk Linda Jentink
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 20, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, May 20. 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145 Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Riley, Strayton
and Shoe Corrigan present. Also present were City Administrator Verbrugge, Attorney LeFevere,
City Engineer Brotzler, and City Planner Pearson. The Pledge of Allegiance was given.
Staff requested an add -on to the Consent Agenda: Authorize Resident Survey. Additional
information was provided for several items: 6.e. Bid results for 128 Street drainage
improvements, City Project 356: 6.k. Bacardi Water Tower, City Project 355 purchase
agreement; 8. Public Hearing for Chippendale 1 CSAH 42 Street and Utility Improvements, City
Project 344 assessment roll, memo, and resolution; 11.a. Bid results for Connemara Trail Phase 2
Street Utility Improvements, City Project 343; and ll.b. Documents reporting results of
Vesterra Mining EAW. There were no public comments taken from the audience.
MOTION by Droste to accept the agenda as amended. Second by Riley. Ayes: Five. Nays:
None. Motion carried.
Consent Agenda
MOTION by DeBettignies to approve the Consent Agenda with the addition of 6.1. Authorize
Resident Survey and additional information for e. and k. Second by Riley. Ayes: Droste, Riley,
Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried.
a. Minutes of May 6, 2003 Regular City Council Meeting
b. Bills Listing
c. Receive Donation for Parks Recreation Dept.
d. Expenditure From Donation Account for Parks Recreation Dept.
e. Receive Bids /Award Contract 128 Street Drainage Improvements, City Project 356
f. Set Public Hearing to Vacate Drainage Utility Easement in Glendalough 3 Addition
g. Receive Feasibility ReportiOrder Project/Authorize Plans and Specifications Biscayne
Pointe 5 Addition Street Utility Improvements, City Project 367
h. Mineral Extraction Permit Renewal Furlong/ Ames Construction Inc.
i. Mineral Extraction Permit Renewal Ped `.Ames Construction
j. Change Order #3, Bloomfield 4 Addition Street Utilities Improve., Phase 2, City
Project 341
k. Property Acquisition for Bacardi Water Tower, City Project 355
1. Add -On Authorize Resident Survey
PUBLIC HEARING: Appeal of Board of Appeals Adjustments: Kulhanek Denial of
Variance (continued)
Mayor Droste explained this public hearing was continued from the April 15th and May 6th City
Council meetings. The Affidavit of Notice and Publication were on file w Clerk's File 2003-
16. City Planner Pearson noted Ivlr. Kulhanek's right to appeal the decision of the Planning
Commission. The requested accessory structure would require variances for the front, side and
rear yard setbacks. Pearson presented a lot map with an overlay of other locations on the lot that
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 20, 2003
would require fewer variances for his accessory structure. The alternate locations were not
acceptable to the applicant. Staff recommended a [notion to direct staff to prepare finding to
uphold the decision of the Board of Appeals Adjustments.
Brian Alton, Grand Avenue, St. Paul, is an attorney who represents Michael Kulhanek. Alton
explained Kulhanek's desire to build a private detached garage. Alton pointed out that the
hardship here is the topography of the property including wetland, and a wetland buffer. Alton
believed that this structure and needed fill would not impact the wetland. Alton stated there is an
outflow culvert. The State and County have �nanted Kulhanek a Certificate of Exemption on
February 20, 2001 for 2000 square feet of fill, of which he intends to use only 1300 square feet.
Mike Kulhanek, 12355 Blanca Avenue, clarified that the southeast corner would not be a good
site for the garage because the wetland on the eastern portion is of a higher quality and they want
to preserve it. Kulhanek hired Emmons Olivier Resources, Inc., a hydrologist consultant, to
determine the 100 year high water nark elevation. Kulhanek did not feel his proposed garage
would be out of place because his neighbor's garage is larger than his and is also close to the
property lines.
Staff noted that a grading permit and a building permit application have been submitted to the
City for Mike Kulhanek's garage. They will not be processed until Council decides on this issue.
City Attorney LeFevere said it is state law that governs with the Wetland Conservation Act, and
the till amount of 1300 square feet is too small of an amount to be considered by that.
Jeff Nelson, 12334 South Robert Trail, is a neighbor to Mike Kulhanek. Nelson stated his garage
is 25 feet from the property line. Nelson questioned how well the drain tile or culvert works as
an outlet. Kulhanek's whole garage is proposed to be built within the setbacks. There does not
seem to he enough room to build the garage.
MOTION by Droste to close the Public Hearing. Second by Strayton. Ayes: Riley, Strayton,
DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried.
MOTION by Riley to direct staff to prepare findings to uphold the decision of the Board of
Appeals Adjustments. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe Corrigan,
Droste, Riley. Nays: None. Motion carried.
PUBLIC HEARING: Chippendale Avenue /CSAH 42, Street Utilitiy Improvements, City
Project 344
The Affidavit of Notice and Publication were on file with the City Clerk's office. City Engineer
Brotzler reviewed the improvements to Chippendale Avenue in two segments. The first segment
includes Chippendale from Upper 149 Street to 151' Street, the second segment on
Chippendale includes 145 Street to Upper 149 Street. City Engineer Brotzler introduced
Chuck Rickart, Traffic Engineer from WSB Associates, Inc. who presented the reasoning for
keeping a full median in front of the Holiday Station for public safety. The channeling of traffic
by placement of a full median would improve safety. Rickart graded the intersection as a C"
right now (A being best and F being worst). Rickart noted that a left -in tum lane will likely
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 20, 2003
cause stacking of traffic. Brotzler reviewed the estimated costs and funding. City Administator
Verbrugge thanked the business owners for attending a meeting on May 16 regarding the median
on Chippeclale Avenue. Verbrugge expressed concerns for public safety balanced by preserving
the future success of businesses. Verbrugge noted that if that intersection would be built today,
the median would be closed. But, because of preexisting conditions, a cooperative agreement is
being considered.
Mayor Droste opened the public hearing.
Gary Gundrud. Faegree Benson, 2200 Wells Fargo Center, spoke representing Holiday
Company. He noted he was unable to attend the May 16 meeting. Gundrud pointed out that the
safety criteria used to measure when an improvement is required does not indicate, with today's
statistics. that these improvements are necessary. Vern Swing, RLK Engineering Traffic Engineer
representing Holiday Company, agreed and pointed out that the Dakota County criteria notes 2
car crashes per year, but Federal guidelines note 4 crashes per year before it is considered a
problem. Gundrud noted that Council should consider, before they order plans, that possible
claims may be filed and assessments not paid which would increase the cost of the project.
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Gene Stiles, 3515 Chippendale Avenue, questioned if his drainage issues were included in the
plan. Stiles said he also needs a catch basin in the upper portion of his yard due to his driveway
issue. The City has issued a citation to Stiles to provide hard surface to park vehicles. City
Engineer Brotzler had staff meet with Stiles and discussed the backyard drainage. It was noted
that the existing storm sewer could be revised at an estimated cost of $6,000, however, the entire
rear yard area of Mr. Stiles' property would need to be regarded to enhance surface drainage to
the storniwater inlet. Stiles requested that his issues be handled before the sidewalk is put in on
the west side. Staff will check into the driveway issue.
Ron Carlson, represented his family who owns the Chippendale Center where Subway, a florist,
a cleaners, and a liquor store are renters. Carlson believes that the traffic count predictions are
wrong. Carlson felt that a closed median would keep customers away from the businesses in the
shopping center and so is against the full median. Carlson does not believe there is a safety issue
at present.
Rishi Mohabir, owns Rosemount Liquors, and has been a resident of Rosemount for 16 years.
Mohabir believed that closing that access into the shopping area would directly affect 17
businesses. Mohabir began renting when the 1985 Agreement was made with the City to insure
the access would remain open. Mohabir encourage all parties to work together as a team to solve
this issue.
Cliff Carlson, owner of Chippendale Center, urged all parties to come to a sensible and usable
solution. Carlson said to push this through would be a big mistake and cost a lot of money.
City Attomey LeFevere commented on the 1985 Agreement, which he and city staff have copies
of. LeFevere noted that there is always potential of liability and the City has insurance for that.
The public courts could say that the City has intnnutity because of the safety issues. A lawsuit
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 20, 2003
based on accidents would not prevail. It was noted that the Agreement was notarized three days
prior to the city's signatures. LeFevere noted that a contract is not valid until signed by the
second party and the notary is only verifying signatures. not content. Attorney Gundrud noted
that a 10% change in cost should be cause for a new public hearing. LeFevere said this is a rule
of thumb for the bidding process, but in this project the change caused a reduction and that is not
addressed by this rule.
Council Member Shoe Corrigan said she would like to see a study on the impact of on profit loss
by affected businesses because of the access closure. Shoe Corrigan stated that so far concerns
are only hearsay. Shoe- Corrigan also pointed out that it appears that Holiday Companies will
allow only one solution, and then she asked, "Where is the middle ground
Council Member Riley stated that closing a median is not a property right, it is the right of the
governing body. Riley believed the 1985 Agreement should be considered null and void. It is
possible to still have a win -win situation.
Attorney Gundrud referred to a drawing that allowed another tune lane, which he stated Holiday
Company would be willing to pay its fair share. Traffic Engineer Swing stated the three -lanes
would allow stacking and channeling and would be a better safety arrangement than the current
plan.
Council Members Strayton and DeBettignies noted that conditions are bad now. Cueing has
caused people to become impatient and take chances making a left turn out of Holiday Station.
DeBettignies said he uses the Chippendale access going in, but then leaves by 151s Street
because the stop sign allows crossing Chippendale Avenue safely.
Ron Carlson recalled that the 1985 Agreement was required by Holiday Company before they
would purchase the lot. It was not drawn up by the Carlson's. Carlson stated there was a lack of
evidence for safety issues and he did not believe 11.500 cars come through the intersection. Rishi
Mohabir thanked City Council for the discussion and reminded Council that this has a large
impact on four businesses and affects 17 other businesses in that area.
MOTION by Droste to close the Public Hearing for the Chippendale Avenue /CSAH 42 Street
Utility huprovements, City Project 344. Second by DeBettigmies. .Ayes: DeBettignies, Shoe
Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried.
Mayor Droste discussed the design with an additional lane, stating that a six lane section with a
530,000 cost increase is over building the design. That would be the same size as Cedar Avenue
and CSAH 42. City Engineer Brotzler pointed out that last week at a meeting Holiday Company
said they would not be willing to participate in a third lane. Droste noted that the 1985
.Agreement is 18 years old now and it is time to reconsider that whole intersection. Council
Member Shoe Corrigan suggested tabling the public hearing until further information is received.
Discussion ensued.
ROSEI\IOUNT CITY PROCEEDINGS
REGULAR MEETING
NIAY 20, 2003
MOTION by Riley to adopt a resolution ordering the project and authorizing the preparation of
plans and specifications for Chippendale /CSAH 42 Street and Utility Improvements. City Project
344. Second by Droste. Discussion was held. Droste suggested a friendly amendment to include
working with businesses for a solution. Council Member Riley withdrew her notion.
Discussion was held on the "pork chop" median in the access to Holiday and the Chippendale
Center.
MOTION by Strayton to table this Public Hearing to the next work session on June 11` Second
by Shoe Corrigan. Ayes: Riley, Strayton, Shoe Corrigan. Nays: Droste, DeBettignies. A major
majority is necessary, this motion fails.
MOTION by Riley to ADOPT A RESOLUTION ORDERING THE PROJECT AND
AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR
CHIPPENDALE /CSAH 42 STREET AND UTILITY IMPROVMENTS, CITY PROJECT 344.
Second by Droste. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None.
Motion carried.
MOTION by Riley to direct staff to continue to negotiate with the businesses regarding access
issues with the end date in mind of August 1, 2003. Second by Shoe- Corrigan. Discussion
ensued about deadline date. Shoe Corrigan suggested a friendly amendment of June 17, 2003.
Riley accepted the amendment to her motion.
MOTION by Riley to direct staff to continue to negotiate with the businesses regarding access
issues with the end date in mind of June 17, 2003. Second by Shoe Corrigan. Ayes: Strayton,
DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried.
PUBLIC HEARING: Connemara Trail Phase 2, Street and Utility Improvements, City
Project 343.
The Affidavit of Notice and Publication were on file with the City Clerk's office. City Engineer
Brotzler presented the extension of Connemara Trail from Trunk Highway 3, east to the Biscayne
Pointe 4 Addition Development. This phase includes the reconstruction of Biscayne Avenue
from Biscayne Pointe 2 Addition, north to Connemara Trail. Last year the Brockway Draw
Trunk Sanitary Sewer was completed to provide service to St. Joseph's Catholic Church which is
under construction. This is a Minnesota State Statute 429 improvement project which requires a
major majority vote. The street will be four lanes, 52 feet wide with concrete curb and gutter.
This project will include the Keegan Lake outlet. Mayor Droste opened the Public Hearing,
however, there were no comments from the audience.
MOTION by Droste to close the Public Hearing for Connemara Trail Phase 2 Street and Utility
Improvements, City Project 343. Second by Strayton. Ayes: DeBettignies, Shoe Corrigan,
Droste. Riley. Strayton. Nays: None. Motion carried.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 20, 2003
Council Member Strayton asked if neighbors with special assessments have been made aware of
the project. City Engineer Brotzler assured Council that proper process had been followed and
condemnation for right -of -way has begun.
MOTION by Riley to ADOPT A RESOLUTION ORDERING THE PROJECT FOR
CONNEMARA TRAIL PHASE 2 STREET AND UTILITY IMPROVEMENTS, CITY
PROJECT 343. Second by DeBettignies. Ayes: Shoe- Conigan, Droste, Riley, Strayton,
DeBettignies. Nays: None. Motion carried.
Receive Bids /Award Contract for Connemara Trail Phase 2 Street Utility Improvements,
City Project 343
City Engineer Brotzler presented the bid results from the Bid Opening held May 16, 2003 at City
Hall. Staff recommended the low bid from Ryan Contracting Company in the amount of
$2,427,719.39.
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MOTION by DeBettignies to approve A RESOLUTION RECEIVING BIDS AND
AWARDING CONTRACT FOR THE CONNEMARA TRAIL PHASE 2 STREET AND
UTILITY IMPROVEMENTS, CITY PROJECT 343. Second by Riley. Ayes: Droste, Riley,
Strayton, DeBettignies, Shoe- Corrigan. Nays: None. Motion carried.
Vesterra Mining EAW
City Engineer Brotzler introduced Environmental Specialist Andi Moffatt from WSB
Engineering. Moffatt gathered the comments from the 30 day public comment period which
ended May 14, 2003. Also, responses from the Metropolitan Council, Minnesota Department of
Transportation, and Dakota County were provided in a memo dated May 16, 2003. Comments
included issues regarding traffic, preservation of trees on site, and an end use plan.
City Attorney LeFevere noted that the fourth "whereas" on the resolution should refer to
Minnesota Rule 4410.1700, not Rosemount rule. The correction was noted.
City Engineer Brotzler explained the permitting process which includes City Council
consideration after a mining application is submitted. The mining application is reviewed at a
Public Hearing held at the Planning Commission. City Planner Pearson noted that the burden is
on the applicant for road improvements and maintenance.
MOTION by Riley to adopt A RESOLUTION ISSUING A NEGATIVE DECLARATION
OF NEED FOR VESTERRA, LLC SAND AND GRAVEL MINE. Second by Strayton.
Ayes: Riley, Strayton, DeBettignies, Shoe- Corrigan, Droste. Nays: None. Motion carried.
Announcements
Mayor Droste reviewed the upcoming meetings including an All Commissioners' Orientation
Meeting on May 21, at 6:30 p.m. May 26` is Memorial Day and City Hall will be closed. City
Administrator Verbrugge noted that the Library Committee will have a site tour to seven
locations on June 9 at 6:00 p.m. City Engineer announced that the northbound closure of Trunk
Highway 3 was now opened.
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Mayor Droste adjourned the regular meeting at 10:55 p.m.
Respectfully submitted,
Linda Jentink, City Clerk
Recording Secretary
The City Council Agenda Packet is Clerk's File 2003 -19.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 20, 2003
i1-
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
MAY 21, 2003
Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was
duly held on Wednesday. May 21, 2003, at 6:30 p.m. in the Council Chambers at City Hall, 2875
145" Street West.
Mayor Droste called the meeting to order and welcomed all city commissioners to the orientation
program. Droste presented the mission and vision statement for the City of Rosemount and
explained the selection process used for city commissions.
Cable Coordinator Mark Moore introduced the commissioners to what is expected when a
meeting is televised and gave them some tips on dress and presentations.
City Administrator Verbrugge presented an organizational chart for the City of Rosemount,
explained the purpose of each commission and how they interact with the City Council.
Verbrugge also reviewed some of the commonly used Roberts Rules of Order which
commissions use to shape their commission process.
City Attorney LeFevere gave an overview of the Code of Ethics, Open Meeting Law, Gift Law,
Conflict of Interest, and the Data Practices Act.
The City Council Agenda Packet is Clerk's File 2003 -20.
Respectfiully submitted,
Janie Verbrugge, City Administrator
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 3, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, June 3, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145 Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Riley, Strayton
and Shoe Corrigan present. Also present were City Administrator Verbrugge, Attorney
LeFevere, City Engineer Brotzler, City Planner Pearson, Police Chief Kalstabakken, and Parks
Recreation Director Schultz. The Pledge of Allegiance was led by Girl Scout Gold Award
Recipients in Troop 1 36.
Additional information was provided for several items: 6.b. completed minutes for the May 15,
2003 Committee of Ole Whole; 6.e. bid results for Eastside Watermain Phase 2 Improvements,
City Project 345; and, 7. resolution amended for Vacation of Drainage Utility Easement in
Glendalough 2 Addition. An addition was requested for New Business, Approve Resolution
Supporting Application of Timothy Loesch to Dakota County Farmland and Natural Area
Advisory Committee. This new business item was set as item 9.d. Mayor Droste moved to
accept the agenda as amended. Second by DeBettiwiies. Ayes: five. Nays: none. The agenda was
set.
Public Comment
Lynette Stauffer, 4012 133 Court West, commented on the amendments set forth in Item 9.a.
for Saunas and Massage Parlors. Stauffer said that these amendments are only a band -aid and that
massage therapy should be taken out of the Adult Ordinance section.
Dan Huberty, 4212 143 Street West, represented Hawkins Pond Association Wetland Project.
Chris Mattson, 4086 143 Street West also stood in support. Huberty asked to work toward a
resolution on the wetland project. City Administrator Verbnigge noted that this discussion would
take place next week at the Committee of the Whole, June 11
Kevin Grass, 14673 Cimarron Avenue, was concerned about the concept plan for four lots off
Dodd Boulevard and how that affected his hedge and nearby trees. Grass was informed that this
item will be presented to the Planning Commission on June 24 and he should continue his
discussion there. Mayor Droste said the neighborhood would be notified.
Honor Girl Scout Gold Award Recipients
Girl Scout Troop 1836 had five girls receive the Girl Scout Gold Award. Mayor Droste and
Council Member Riley presented certificates of acknowledgement to Emily Arne Jacobson,
Michelle Marie Jacobson, Jamie Korthauer, Ashley M. Kropelnicki, and Ashley B. Weisensel.
Mayor Droste noted that these Gold Award recipients were the leaders of tomorrow and that City
Council was proud of them.
Proposed Player Development Area Arena
Parks Recreations Director Dan Schultz presented a building project in the ice arena to add
shooting range, warm -up facility, and mecum! room. The Rosemount Area Hockey Association
(RAHA) would donate funds to cover the entire cost of the project. Schutlz proposed a use
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 3. 2003
agreement with RAHA and review, through the normal building process, by the building
inspection department, and fire department. The Parks Recreation Commission and city staff
have reviewed this project and will support it. The cooperation between organizations for a
creative solution was applauded.
Presentation and Acceptance of 2002 Comprehensive Annual Financial Report (CAFR)
Finance Director May introduced Mr. Decanton from the audit film Virchow. Krause
Company. DeCanton reviewed the process used to audit the City which began in the fall of 2002.
Reports were prepared and reviewed by staff. The audit report is 83 pages in length and the City
received the most favorable response of an "unqualified opinion." The accounting policies are
accurate with no recommended changes. State legislative changes will require depreciation for
the enterprise fund. Next year the GASBY 34 legislation will create noticeable changes to the
audit report appearance. Mayor Droste noted that a Fund Balance Policy will be developed
beginning at a future work session.
MOTION by Strayton to adopt A RESOLUTION ACCEPTING THE 2002
COMPREHENSIVE ANNUAL FINANCIAL REPORT. Second by Shoe- Corrigan. Ayes:
Droste, Riley Strayton, DeBettignies, Shoe- Corrigan. Nays: None. Motion carried.
Consent Agenda
Item 6.f. Receive Bids /Award Contract for Eastside Watemrain Phase 2 Improvements, City
Project 345 and 6.p. Amendments to Ordinance B Supplementary Regulations were pulled for
discussion.
MOTION by Riley to approve the Consent Agenda removing items 6.e and 6.p. and additional
information for 6.b. Minutes of May 15, 2003 Committee of the Whole. Second by Strayton.
Ayes: Riley, Strayton, DeBettignies, Shoe- Corrigan, Droste. Nays: None. Motion carried.
a. Minutes of May 20, 2003 Regular City Council Meeting
b. Minutes of May 15, 2003 Committee of the Whole (revised)
c. Bills Listing
d. Receipt of Donation for Police Equipment Fund
e. Authorize Preparation of Plans Spec's Bloomfield 6 Addition, Street and Utility
Improvements, City Project 372
f.
Pulled for discussion
g. Receive Plans Spec's /Authorize Ad for Bid 160 Street Sanitary Sewer Improvements,
City Project 365
h. Speed Limit on Chippendale Avenue
i. 3.2% Malt Liquor License Renewals for 2003 -2004
j. 2003A G.O. Improvement Bond Issue Authorizing Issuance and Setting Bond Sale
k. 2003B G.O. Water Revenue Bond Issue Authorizing Issuance and Setting Bond Sale
1. Approve Labor Agreement with AFSCME Local #3857
m. Minor PUD Amendment for Rosemount Commons (Claret Springs East)
n. Dakota County Wetland Health Evaluation Project
o. Adopt Findings of Fact Upholding Variance Denial for Kulhanek
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ROSEMOUNT CITY PROCEEDINGS
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JUNE 3, 2003
Pulled for discussion
6.f. Receive Bids /Award Contract for Eastside Watermain Phase 2 Improvements, City
Project 345
Council Member Strayton asked if this was the project where we had to reject all bids due to an
irregularity. City Engineer Brotzler replied that it was the same project and that bid occurred in
March. There was an increase over all of approximately $62,000. An amendment was made to
the project to include a SCADA System for the well system with an increase value of $25,000.
The recommended low bid is from Three Rivers Construction for $1,022,089.80.
MOTION by Strayton to adopt A RESOLUTION RECEIVING THE BIDS AND
AWARDING THE CONTRACT FOR THE EASTSIDE WATERMAIN PHASE 2
IMPROVEMENTS, CITY PROJECT 345. Second by Riley. Ayes: Strayton, DeBettignies,
Shoe Corrigan, Droste. Riley. Nays: None. Motion carried.
6.p. Amendments to Ordinance B Supplementary Regulations
Council Member DeBettignies requested some clarification language to Section 1, 7.2C.f.
refer ing to skateboard ramps at a maximum height of 36 Council consensus agreed.
MOTION by DeBettignies to adopt AN ORDINANCE AMENDING ORDINANCE B CITY
OF ROSEMOUNT ZONING ORDINANCE Supplementary Regulations. Second by Droste.
Ayes: DeBettignies, Shoe- Corrigan, Droste, Riley, Strayton. Nays: None. Motion can ied.
Public Hearing: Vacation of Drainage Utility Easement in Glendalough 2 Addition, Lot
1, Block 1
Mayor Droste introduced City Engineer Brotzler and the Affidavit of Notice and Publication
were on file with the City Clerk's office.
City Engineer Brotzler gave an overview of a lot configuration change that would change the
need for drainage and utility easements in Glendalough 2 Addition. Brotzler described this as a
"housekeeping" item in order to maintain correct records with the County Auditor's office. This
vacation will cause easement dedication in Glendalough 3 Addition when it is platted.
Mayor Droste opened the public hearing, but no comments were made.
MOTION by Droste to close the Public Hearing for Vacation of Drainage Utility Easement in
Glendalough 2 Addition. Lot 1, Block 1. Second by DeBettignies. Ayes: Shoe- Corrigan,
Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried.
MOTION by Riley to adopt A RESOLUTION CAUSING EASEMENT VACATION ON
THE GLENDALOUGH g ADDITION PLAT, LOT 1, BLOCK 1. Second by Shoe
Connigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion
carried.
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ROSEMOUNT CiTY PROCEEDINGS
REGULAR MEETING
JUNE 3, 2003
Amendment to City Code 3 -2 -31I Saunas and Massage Parlors
Police Chief Kalstabakken reviewed how the city ordinance for saunas and massage parlors dated
back to 1976 and initially was used to keep prostitution out of our city. Therapeutic massage has
become more common and accepted. Previous amendments to the ordinance addressed the issue
of having massage therapists working under the direct supervision with licensed medical
personnel, such as, doctors, chiropractors, nurses, etc. Massage has also become a common
service to be provided as part of health and fitness centers. The proposed amendment would
remove the requirement to obtain business license if massage therapy is conducted as an
accessory service of a bona fide health and fitness center. There are requirements in the
ordinance amendment to define bona fide health and fitness center. The ordinance already limits
the tines that massages can be given as another means to reduce the chances of a massage center
being used as a front for illegal activity. Kalstabakken noted that the fees would be detemrined
by review yearly, usually in December. Kalstabakken noted that the fees originally were set high
to discourage a front for prostitution. A local survey showed that personal license fees are $25 to
S50 and business license $100 to 5500.
Council Member Shoe Corrigan noted the comments from Ms. Stauffer who stated this
amendment is a band -aid and more is needed. Shoe Corrigan suggested that massage therapy
might be made exempt from this ordinance and handled separately. Mayor Droste noted this is
the first reading and no action is required tonight. Consensus was to review the full ordinance
and review additional information. City Attorney LeFevere pointed out that a public hearing is
not required for this type of amendment.
Amendment to City Code 7 -5 -1, 2, 3, and 6 Bows and Firearms
Police Chief Kalstabakken reviewed the history of Rosemount's firearm restrictions and noted
that Minnesota State laws need to be followed in addition to any restrictions included within
Rosemount's ordinance. Because of development in Rosemount, hunting restrictions have had to
be added to ensure public safety. Wildlife control has become an issue with a large number of
deer encroaching on the roadways resulting in crashes with motor vehicles and destroying private
landscaping and property.
A petition with sixteen signatures was presented to Council in support of expanding the hunting
rights in the area of land between Bacardi and Akron Avenues in eastern Rosemount. This
amendment would allow bow hunting and shotgun in certain agricultural and rural residential
areas between Bacardi and Akron Avs. north of County Road 38 and to the first section line west
of Akron Av. from County Road 42 to County Road 38. Additional restrictions on shotgun
hunting include hunting from an elevated stand when hunting deer and limiting the type of shot
to up to #2 shot. State law requires a 500 -foot distance from any residence. Bow hunting would
be permitted within the restricted area in all rural residential and agriculture zoned areas that
have a minimum of two and one -half acres.
Kalstabakken said there would be an education effort made if the amendments are adopted.
Neighbors might be alarmed by hearing shotgun blasts if the resident is unfamiliar with shotgun
range and the regulations of the ordinance. The educational component would be directed at
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 3, 2003
residents nearest the shotgun restricted area to advise them of the new regulations. Enforcement
would be by the Rosemount Police Department and the State Department of Natural Resources.
Laws do rely on the resident to comply with the laws set out. Violations would be reported by
complaints and patrols. Hunters would still need to possess a hunting license and either be the
landowner or possession written permission from the landowner to hunt on the property.
Since there was not any disagreement on this amendment, Council Member Riley moved for the
motion. City Attorney LeFevere said there are no formal requirements for a second reading and
nothing to stop City Council from moving this issue forward.
MOTION by Riley to amend AN ORDINANCE RELATING TO BOWS AND FIREARMS;
AMENDING ROSEMOUNT CODE 7 -5. Second by Strayton. Ayes: Strayton, DeBettignies,
Shoe Corrigan, Droste, Riley. Nays: None. Motion carried.
Concept Residential Planned Unit Development for Tollefson Development
City Planner Pearson reviewed the ten -acre development by Casey Wollsclager of Tollefson
Development. Access would be onto Connemara Trail through Biscayne Pointe Fifth Addition.
There were no variances requested with this concept plan and Planning Commission approved it
but noted concern for improvements to the road. City Council discussed Park Dedication,
designated speed, 55 mph on County Road 38; preserving natural wildlife tree stands; and
buffering along the 55 niph road. City Attorney LeFevere noted that because there were no
variances, City Council does not need to approve the concept plan. However, Council did request
that the developer work with City Planner Pearson to Lind some creative solutions to their
mentioned concerns. Mr. Wollsclager indicated he would be willing to work with staff on this
concept plan.
Approve Resolution Supporting Application of Timothy Loesch to Dakota County
Farmland and Natural Area Advisory Committee
City Administrator Verbrugge presented the recommendation to appoint Timothy Loesch to the
newly formed Farmland and Natural Area Advisory Committee through June 2, 2003.
Rosemount resident Timothy Loesch has submitted an application to serve on this committee.
The resolution is prepared to forward on to the Dakota County Board of Commissioners for
appointment.
MOTION by DeBettignies to approve A RESOLUTION SUPPORTING THE
APPLICATION OF TIMOTHY LOESCH TO THE DAKOTA COUNTY FARMLAND
AND NATURAL AREA ADVISORY COMMITTEE. Second by Shoe Corrigan. Ayes;
DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried.
Legislative Intergovernmental Updates
City Administrator Verbrugge reported that the personal property tax exemption for Great River
Energy was approved by State legislation. Additional changes were made to liquor licenses for
extending hours to 2:00 p.m. with a fee paid to the State from 5200 to 5600 dependent on the
income of the establishment. The Liquor Ordinance will be discussed in detail at the Committee
of the Whole next week. Verbrugge attended the annual meeting of MAMA. A good working
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relationship has been established with Metropolitan Council. Rosemount's estimated budget loss
due to legislative changes is 5750,000 this year and $350,000 to $500,000 for next year. The City
can levy hack about 60% of that and the rest would be lowered by removing the built in "growth
factors" in the budget. The final numbers will not be known until September 2003. It is the City's
intention to absorb this loss without affecting city services.
Announcements
Mayor Droste reviewed the upcoming meetings.
Council Member DeBettignies noted what an honor it was to have five Girl Scouts from
Rosemount receive the Girl Scout Gold Award. He gave then congratulations and said it was
awesome to have 1O% of all the St. Croix Valley area come from our City. Council concurred.
Council Member Shoe Corrigan attended the fifth grade D.A.R.E. graduation. She noted it is
wonderful to have such a successful drug prevention program. Shoe- Corrigan noted her regrets in
learning of Police Officer Mark Robideau's intensions to retire because he has done a great job
with the youth of Rosemount.
Mayor Droste adjourned the regular meeting at 9:22 p.m.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 3, 2003
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -21.
Linda Jentink, City Clerk
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
JUNE 11, 2003
Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on
Wednesday, June 11, 2003 at 6:30 p.m. in the Council Chambers at City Hall.
Mayor Droste called the meeting to order with Council Members Riley, Shoe Corrigan, and
Strayton were present. Also in attendance were City Administrator Verbrugge, Code
Enforcement Officer O'Brien, City Planner Pearson, City Engineer Brotzler, Police Chief
Kalstabakken, and Engineering Consultant Weiss from WSB Engineering.
Hawkins Pond Homeowners Association
Dan Huberty spoke for the Hawkins Homeowner Association. Engineer Brett Weis recalled that
the pond had a sand bottom and the Association requested a clay liner so it would hold water.
Two years ago, storms caused flood conditions and water had to be pumped out to cut property
damage. The whole area was looked at after that, a pump station was installed, and natural
plantings were started around the pond. The plantings, which have not flourished, are under
warrantee. Staff will contact them to reseed. No sod will he installed.
Cable Franchise Fiber to the Home
City Administrator Verbrugge reported that Fiber to the Home (FTTH) has agreed to wire the
City and provide access channels. FTTH has asked the City what type of programming will be
included. Verbrugge introduced Mark Moore, the City's Cable Coordinator, who gave an
informational presentation. Moore recommended using the same programming as now shown on
public channels 16, 22, 12, and 10. By sharing this programming, less additional costs will be
incurred. If, at a future date, custom programming is desired, it could be added. FTTH is not
involved with broadcasting and will take an estimated eight years to build out the fiber optics
system throughout the City. Moore was directed to contact Charter Cable about shared
programming.
Liquor Ordinance
City Administrator Verbrugge stated that off -sale liquor licenses can be limited by city
government and the policy now in place is based on one off -sale license per 6.500 population.
Police Chief Kalstabakken noted that the population is based on Metropolitan Council's estimate
that now stands at 15,270. Staff has received requests from the two establishrnents now licensed,
Rosemount Liquors Inc. and Shenanigan's Fine Wine Spirits, to increase the population
limitation. They noted that the drinking population is shrinking and if more off -sale liquor stores
were allowed the risk of lost revenue would damage their businesses. In addition, they noted that
because liquor is restricted by State laws it is not a free market situation. Some on Council were
concerned about regulating private business but they also did not see a great need for additional
liquor stores. A survey compared population with the number of liquor stores in several metro
cities. The average population per store was about 5,000. The City Council consensus was to
leave the established ordinance intact and review this again next year after Metropolitan Council
updates Rosemount's population.
Police Chief Kalstabakken noted that he spoke to all on -sale liquor license holders about the new
2:00 a.m. closing time enacted by the legislature. Most owners are not convinced that this will be
a moneymaker for them and that most will only have extended hours Wednesday through
Saturday nights for 2:00 a.m. closings. None of the liquor establislmments have applied for the 2
a.m. closure at this time. Council viewed this as a business option to be determined by each
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
JUNE 11, 2003
individual owner and there was consensus to adopt the 2:00 a.m. closing time in the Rosemount
ordinance to allow the business owners the option of remaining open later.
Police Chief Kalstabakken presented the option to change the current liquor violations penalties.
These penalties are determined on a case -by -case basis. Other cities have adopted a step system
to guide the council. This also allows the business to know what to expect with fines and /or
suspensions and protects the Council from having the appearance of favoritism. Staff will obtain
more information on what other cities are doing for review at a future meeting.
RV Parking /Storage and Waste Container Enclosure Ordinance
Code Enforcement Official O'Brien reviewed the background and history relating to the
recreational vehicles (RV) parking/storage ordinances for the past two year. An amendment to
allow seasonal storage was reviewed and discussed, but it was generally felt that it would be too
difficult to enforce. Other options were discussed including allowing storage in front driveway
areas, except for large oversized RV's, with consideration of setback and visibility concerns.
Another proposal incorporating the discussion will be brought to a work session in July.
The waste storage container enclosure ordinances and their requirements were discussed.
Council Members had received complaints that the ordinances were too costly for local
businesses to implement. Code Enforcement Official O'Brien and City Planner Pearson
explained that the current requirements had been in effect for many years and that the recent
amendments were designed to reduce the cost to businesses to come into compliance. Council
directed staff to continue the current enforcement efforts.
Minimum Building Size Zoning Districts
City Planner Pearson presented a staff initiated recommendation to create a minimum building
size standard for the General Industrial District. This is a reaction to the most recent industrial
developments with disproportionately small principal buildings. The Council directed staff to
proceed with the zoning text amendment process.
Policy Prohibiting Firearms at Work
City Administrator Verbntgge reported that the Conceal Carry Bill does not allow Local
govenmients to prohibit weapons on public property. However, the bill does allow local
governments to prohibit employees from carrying weapons in the workplace as a condition in the
personnel policies. He said that the City's primary concern is for our employees and that
violence in the workplace continues to be one of the leading causes of death in the job place. For
this reason, Verbrugge asked the City Council for direction to draft an amendment to the
personnel policies that will prohibit weapons in the workplace.
City Council directed staff to draft a personnel policy for future consideration prohibiting
weapons in the workplace.
A draft policy was presented to Council that restricts employees from possessing or carrying a
firearm while working in any capacity as a city employee, volunteer or contracted employee.
Sworn police officers are given an exception to carry fireanns. This policy is modeled after the
League of Minnesota Cities sample policy. Council gave direction to have the policy ready for
adoption at one of the next Council meetings.
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
JUNE 11, 2003
Police Officer Retirement/Replacement
Officer Mark Robideau has announced that he will be retiring from the Police Department on
July 31, 2003. Discussion was held regarding the amount of serverance Robideau would be paid
according to City policy and union contract and what impact this amount has on the timing of
hiring an officer to replace Officer Robideau. When Robideau's official resignation is presented
to Council, a recommendation to hire a replacement to begin approximately October 1, 2003 will
be made. The October 1 start date will lessen the budgetary impact of the severance /retirement
payout, while still allowing for hiring the replacement in a timely manner.
Key Financial Strategies
City Administrator Verbrugge stated that the contract with Ehlers Associates to work with the
City of Rosemount on Key Financial Strategies would cost S18,000. Verbrugge indicated that
Ehlers was willing to withhold billing until the end of the strategic financial planning process.
He said that the forced budget cuts in 2003 did not provide adequate funds to pay for the contract
in 2003, but that it would be budgeted in 2004.
Verbrugge said the Key Financial Strategies planning process usually takes six to nine months.
Council members expressed concern about what the final product from the Key Financial
Strategies would be. Verbrugge stated that the planning process would only be effective if the
recommendations and strategies are implemented. He said that staff is committed to
implementing the final plan.
Update: Proposed Sports Dome
Proposed Sports Dome Staff update the Council on the process of reviewing the dome. Step one
is the zoning text amendment, which will be corning to the next council meeting. Step two is the
site plan/CUP. Step three is the building permit review.
Update: Chippendale /CSAH 42
City Administrator Verbrugge reported that the May 30 mediation session with property owners
at Chippendale Avenue and County Road 42 was successful. He reported that agreement was
reached that will leave unrestricted access to the businesses from Chippendale Avenue and that
establishes safety criteria to evaluate future traffic concerns.
Verbrugge reported that the points of agreement would be included in the final design and
specifications for the Chippendale /CSAH 42 road improvement project to be considered by the
City Council on June 17, 2003.
The meeting was adjourned at 11:00 p.m.
Respectfully submitted,
y
Gn14
City Clerk Linda entink
The City Council's Agenda Packet is Clerk's File 2003 -22.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 17, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, June 17, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145 Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Riley, Strayton
and Shoe Corrigan present. Also present were City Administrator Verbrugge, City Engineer
Brotzler, City Planner Pearson, Police Chief Kalstabakken. and Parks Recreation Director
Schultz. The Pledge of Allegiance was said.
A resolution for Item 6.j. Receive Plans Specs /Authorize Ad for Bid for Chippendale /CSAH
42 Street Utility hnprovements, City Project 368, was revised. Mayor Droste moved to set the
agenda as presented. Second by DeBettignies. Ayes: Five. Motion carried.
Public Comment
Lynette Stauffer, 4012 133' Court West, considered the proposed amendments to the massage
therapy ordinance a step backwards because it uses vice laws to regulate massage as if it were
prostitution. Stauffer noted that massage standards should he set by professionals. Stauffer said
she is prepared to get signatures for a petition against placing massage therapy in the adult use
ordinance.
Karen Gillespie, 2322 Bonaire Path, was trained in massage therapy in the 1980's. She works as
a massage therapist in a nearby community at the Center for Balanced Life. Many elderly people
are treated there and Gillespie considers herself a caregiver. Gillespie commended Ms. Stauffer
for stepping forward to help change the restrictive nature of the City Code for massage.
Mayor Droste noted that the City Council is looking closely at all ordinances this summer and
will consider these comments.
Consent Agenda
MOTION by Riley to approve the Consent Agenda with the amendment to Item 6.j. Second by
DeBettignies. Ayes: Riley, Strayton, DeBettignies, Shoe-Corrigan, Droste. Nays: None. Motion
carried.
a. Minutes of June 3, 2003 Regular City Council Meeting
b. Bills Listing
c. Accept Donation for D.A.R.E. Fund, Police Dept.
d. Accept Donation for Administration Dept.
e. Accept Donation for Parks and Recreation Dept.
f. Expenditure From Donation Account for Parks Recreation
g. Expenditure From Donation Account for D.A.R.E. Fund, Police Dept.
h. Expenditure From Donation Account for Administration
i. Receive Plans Specs /Authorize Ad for Bid Bloomfield Vineyards Street Utility
Improvements, City Project 368
j. Receive Plans Spec's /Authorize Ad for Bid Chippendale /CSAH 42 Street Utility
Improvements. City Project 344
k. Order Project/Authorize Plans and Specs for Bacardi Water Tower, City Project 355
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 17, 2003
I. Change Order #3 Trunk Highway 3 Street Utility Improvements, City Project 318
m. Approve Resolution of Support for LCDA Grant Application
n. On Sale Licenses on Public Premise
o. Evermoor Glendalough 3rd Addition Replat
p. Set Public Hearing for Amendment to Shenanigan's Pub On -Sale Intoxicating Liquor
License
q. Temporary 3.2% Liquor License for Softball Tournament
Establish Citizen Advisory Committee for Downtown Redevelopment
City Administrator Verbntgge reviewed the process used for the Downtown Redevelopment Plan
that was prepared by URS in 2002. This was not approved by the past City Council and staff
would like to get a broader citizen perspective for it. Staff recommends establishing a committee
which will evaluate the draft plan, current market and financial conditions, seek community input
and make a recommendation to the Port Authority on a redevelopment framework. The make -up
of the committee members was discussed. There would not be a designated term length for this
committee since its purpose is expected to be completed by winter 2003.
MOTION by Shoe Corrigan to establish the Downtown Redevelopment Citizen Committee and
begin recruitment as designated including public notice for application. Second by Riley. Ayes:
Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried.
Amendment to City Code 3 -1; Liquor Regulations
Police Chief Kalstabakken reported that the legislature has extended bar hours to 2:00 a.m. with
city approval. If a city adopts the State Statutes in their City Code this ruling would be included.
The Rosemount City Code sets out the hours and days for liquor establishment operation and it
would need to be revised if the Council desires to change the closing time. Kalstabakken has
spoken to the liquor license holders in Rosemount and most are interested in having the 2:00 a.m.
closing, but will probably start with only weekends or Wednesday to Saturday late closings.
Council Member Strayton noted that he was in favor of less city regulation and making the
amendment follow State Statutes. The second reading of this amendment will be on July 1.
Irish Dome L.L.C. Zoning Text Amendment
City Planner Pearson reported on the partnership being established between the School District
and a domed commercial recreation facility. The proposed location is in the Public and
Institutional (P &i) District. The P &I zoning district would need to be amended to include a
recreational facility for public use. School age children would be allowed to use the indoor fields
for the five -hour school day and evenings and weekend hours would be sold for a profit. The
proposed site is on school property, just west of the Community Center. Pearson noted that it is a
three -phase process. First. a zoning ordinance amendment would have to be adopted to allow the
commercial use. The commercial use would be dependant on a lease or agreement with a
governmental or public agency (such as the school district). Second, a conditional use permit
would have to be reviewed with site plans, grading, access, fire code. etc. Third, the building
permit process would have to be reviewed by city staff Pearson proposed that one condition for
an arena be that it is sited a minimum of 500 feet from any residential district. Pearson also
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 17, 2003
requested that the zoning ordinance amendment include a change for cemeteries as a conditional
use instead of Planned unit Development as a "housekeeping" item.
Council Member Riley asked if the homes in Bards' Crossing would be looking at the "dome."
Pearson noted they would be looking over the top of the dome from their elevation. Council
Member Strayton pointed out that this allows the process to continue and that they will be
looking at funding issues and parking issues later. Pearson noted that parking can he discussed
with regard to the Conditional Use Pemtit.
MOTION by DeBettignies to adopt AN ORDINANCE AMENDING THE CITY ZONING
CODE ORDINANCE B REGARDING AMENDMENTS TO THE SUPPLEMENTARY
REGULATIONS to permit Commercial Recreation in the Public Institutional District.
Second by Shoe Corrigan. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays:
None. Motion canied. This included adding cemeteries in Planned Unit Developments and
Conditional Use Permits.
Announcements
Mayor Droste reviewed the upcoming meetings.
Mayor Droste attended a breakfast meeting for employers who support the military and their
families at the National Guard Armory. Certificates for support were issued and the speaker
noted local military staff have or will be serving in Bosnia, Kosovo, and other areas. The
Rosemount Parks and Recreation Department received recognition for their cooperation in joint
use of the building.
City Administrator Verbrugge would like to add a special meeting for budget review for 2004.
July 9 111 is the scheduled Committee of the Whole and July 15 there is no Port Authority meeting
needed. Verbrugge asked to use July 15 at 6:00 p.m. for Budget Review for 2004 and/or other
items carried over from the July 9 agenda. Council consensus agreed w the times. Verbnigge
will work on the agendas for each meeting.
Council Member Mark DeBettignies challenged his colleagues to the Toilet Bowl Races during
Leprechaun Days event on July 21 in the Cub Foods parking lot.
Mayor Droste adjourned the regular meeting at 8:06 p.m.
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -23.
Linda Jentink, Ci y Clerk
Recording Secretary
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 1, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, July 1, 2003, at 7:30 p.m. in the Council Chambers at City Hall. 2875
145" Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Riley, Strayton
and Shoe Corrigan present. Also present were City Administrator Verbrugge, Attorney Robert
Vose, City Engineer Brotzler, City Planner Pearson, Police Chief Kalstabakken, and Parks
Recreation Director Schultz. The Pledge of Allegiance was said.
Parks and Recreation Director Schultz requested that the Player Development Area and Meeting
Room project in cooperation with Rosemount Area Hockey Association be added to the agenda
under Consent. City Engineer Brotzler requested that Item 6.h. be pulled from the agenda due to
incomplete easement acquisitions. Council Member DeBettignies moved to accept the agenda as
amended. Second by Riley. Ayes: Five. Nays: None. The agenda was set.
Consent Agenda
Item 6T Resignation of Employee and 6.i. Council Meeting Changes and Leprechaun Days
Events were pulled for discussion. Item 6. h. Receive Bids /Award Contract for 160 Street
Sanitary Sewer Extension, City Project 365 was removed by staff.
MOTION by Droste to approve the Consent Agenda pulling items 6.f and 6.i. for discussion and
removing item 6.11. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe- Conigan, Droste,
Riley. Nays: None. Motion carried.
a. Minutes of June 17, 2003 Regular City Council Meeting
b. Bills Listing
c. Budget Amendments
d. Receive Donation for Administration
e. Authorize Recruitment for Community Development Director
f. Resignation of Employee Pulled for discussion
Authorization to Hire Police Officer
i. Council Meeting Changes and Leprechaun Days Events Pulled for discussion
j. Temporary On -Sale Liquor License for American Legion
k. Minea Property Environmental Assessment Worksheet (EAW)
1. Extending ArneriCorps Promise Fellows Initiative Grant
m. Authorization for Temporary Street Closings, Service Request and Amendment to Service
Agreement
n. Amendment to City Code 3 -1: Liquor Regulations
o. Add -On Receive Donation for Parks Recreation Dept.
P. Add -On Facility Use Agreement with RAHA
q. Add -On Receive Bid/Award Contract for Player Development Area and Meeting Room
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 1.2003
6.f. Resignation of Employee
City Administrator Verbrugge announced with regret the resignation of Human
Resources /Communications Coordinator Paula Graff. Verbrugge publicly thanked Graff for her
professional attitude, her service to the organization and community. and the tremendous help
she was for him during his first months as City Administrator. Graff will be taking the Human
Resource position for the city of Golden Valley. City Council also expressed their thanks to
Graff for the three years of recruiting new employees and her professional manner.
MOTION by Riley to accept the resignation of Paula Graff, Human Resources /Communications
Coordinator and authorize staff to begin the recruitment process to find a replacement. Second
by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None.
Motion carried.
6.i. Council Meeting Changes and Leprechaun Days Events
Council Member Strayton requested information on the agenda items to be discussed and start
times for the changed meetings on July 9 and July 15. Council Member Shoe Corrigan asked to
consider inviting some advisory commissions for their input, especially regarding the Wetland
Ordinance. Consensus was that these meetings are preliminary and that the commissions should
be invited to a future consideration of the ordinance review.
MOTION by Strayton to change the start time of the July 9, 2003 Committee of the Whole to
5:30 p.m. and hold a special meeting on July 15 at 6:00 p.m. for a work session that may be
continued following the regular City Council meeting of July 15. Second by Droste. Ayes: Shoe
Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried.
Public Hearing: Amend Liquor License for Shenanigan's Pub
Mayor Droste introduced City Clerk Jentink to lead the discussion. The Affidavit of Notice and
Publication were on file with the City Clerk's office.
City Clerk Jentink presented the request by Montgomery Meadows Inc., owners of Shenanigan's,
for an amendment to their liquor license to allow outside sales of liquor. Shenanigan's is located
at 14605 South Robert Trail. This amendment would allow them to place a temporary tent
contiguous to their building. Michael Hermann indicated they are interested in three events,
Leprechaun Days. St. Patrick's Day, and a fall event. Herrmann had noted that this is intended to
improve business and it would be on a trial basis. Notice of this public hearing was given to two
businesses near Shenanigan's, Terry's Ace Hardware and the Olympus Fitness Center.
Police Chief Kalstabakken reported his concerns and suggested conditions within the resolution
to limit noise and crowd control. Kalstabakken had talked to Darlene Terry, owner of Ace
Hardware, about the parking issues. Terry was concerned about losing parking for their
customers. Kalstabakken noted that it would be up to Shenanigan's to have personnel in the
parking area to direct customers to park in correct areas.
City Planner Pearson suggested that the tent be placed on the north -west end of the building so
that traffic flow is not interrupted. This location would also displace less parking stalls. Pearson
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 1, 2003
recommended that the staff Development Review Committee be allowed to examine the tents
placement for safety issues.
Michael Herrmann presented two site maps showing possible placement of the tent. Herrmann
noted that the size of the tent is approximate, dependent on which side of the building it is
placed. Herrmann was concerned about large posts along the west side of the dumpster area.
Mayor Droste opened the Public Hearing for comments from the audience. There were no
comments made.
MOTION by Droste to close the Public Hearing to amend the Liquor License for Shenanigan's
Pub. Second by DeBettignies. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays:
None. Motion carried.
Council had questions for staff and the applicant. Council Member Riley requested two -week
notification of the event to city staff. Council Member Strayton requested limiting this to one
event to allow for review. A compromise was agreed to that would allow two events in 2003.
The Fire Marshall and Development Review Committee would be required to review the tent
structure and placement. The tented area would be enclosed with fabric or double fenced (two
fences with a five foot separation). If the tent has at least three full sides, it would be allowed to
have a portable bar. Access into the tent area will have to he staffed by Shenanigan's personnel at
all times. Outdoor music is required to stop at 11:00 p.m.
MOTION by DeBettignies to approve A RESOLUTION TO AMEND THE ON -SALE
LIQUOR LICENSE FOR MONTGOMERY MEADOWS INC., DBA /SHENANIGAN'S,
14605 SOUTH ROBERT TRAIL, to allow two special events that may have liquor sales
outside, contiguous to their building and with recognition of the changes to the conditions as
stated in conditions numbers one to seven. Second by Riley. Ayes: Riley, Strayton, DeBettignies,
Shoe Corrigan, Droste. Nays: None. Motion carried.
Accept Bids and Award Sale, General Obligation Improvement Bonds, Series 2003A
A representative from Springsted, Mr. Erickson, presented the results of the bids placed for bond
sales on July 1 at 10:00 a.m. The bids received were the lowest rates ever offered for the City.
The winning bid was 2.8879 percent by Cronin Company, Incorporated for $1,948,979.20.
These funds will be used for Connemara Trail Phase II. Erickson noted the Moody's bond rating
was favorable, the general fund balance is good, and that Rosemount has a growing tax base.
MOTION by Strayton to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF
$1,945,000 GENERAL OBLIGATON IMPROVEMENT BONDS, SERIES 2003A, AND
PROVIDING FOR THEIR ISSUANCE. Second by Shoe Corrigan. Ayes: Strayton,
DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried.
Accept Bids and Award Sale, General Obligation Water Revenue Bonds, Series 2003B
Mr. Erickson from Springsted reported on the bid results July 1 at 10:00 a.m. The winning bid
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 1, 2003
was 2.9062 percent for $1,159,598.70. The term of the bond is through year 2014 to be used
for water system utility improvements. Erickson noted that the Bacardi Water Tower will be the
next bond issue request later this year or early next year.
MOTION by DeBettignies to adopt A RESOLUTION ACCEPTING OFFER ON SALE OF
$1,170,000 GENERAL OBLIGATON WATER REVENUE BONDS, SERIES 2003B AND
PROVIDING FOR THEIR ISSUANCE. Second by Riley. Ayes: DeBettignies, Shoe- Corrigan,
Droste, Riley, Strayton. Nays: None. Motion carried.
Animal Control Review Panel
City Clerk Jentink presented the need to establish an Animal Control Review Panel to deal with
dangerous dog labels. The Animal Ordinance was enacted after publication on January 3, 2003.
The Ordinance sets forth the requirement for a panel of three members, the mayor, a council
member, and a veterinarian or resident. Mayor Droste, Council Member Shoe Corrigan, and
Veterinarian Kurt Walter- Hansen have agreed to be these members. The Police Department has
had two cases where a potentially dangerous dog and a dangerous dog have been cited. The
owner of the potentially dangerous dog has made an appeal and \vill be heard by this panel.
Attorney Moynihan has examined the facts of the mentioned case and indicated that enough
evidence exists to move forward with the review by the panel.
MOTION by DeBettignies to establish the Animal Control Review Panel with members Mayor
William Droste, Council Member Kim Shoe- Conigan, and Veterinarian Kurt Walter- Hansen.
Second by Shoe Con Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays:
None. Motion carried.
Park Dedication Subdivision Ordinance Text Amendment
City Planner Pearson and Parks Recreation Director Schultz presented an increase to the park
dedication rates for commercial and industrial development. Park Dedication can be paid in
either land or funds during the subdivision process. This increase will apply to all other non-
residential subdivisions such as zoning for 'Business Park' and `Public and Institutional'
Districts. Each subdivision is looked at individually on its own merits. Schultz reported that this
section was changed about nine years ago. Some housekeeping changes are also included, such
as changing the word "committee" to "commission" where applicable.
MOTION by Riley to adopt AN ORDINANCE AMENDING THE ROSEMOUNT
SUBDIVISION ORDINANCE FOR PARK DEDICATION. Second by Strayton. Ayes:
Droste. Riley. Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried.
Announcements
Mayor Droste reviewed the upcoming meetings. City Hall will be closed on the Fourth of July
holiday. National Night Out is a crime prevention activity, which is plaimed nationally for
August 5 This is a Council meeting night so Council consensus was to move the City Council
and Port Authority meetings to Thursday, August 7, 2003. Council Member DeBettignies
challenged Council and city staff to the Toilet Bowl Races for Leprechaun Days July 21 at Cub
Foods.
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Mayor Droste adjourned the regular meeting at 8:56 p.m.
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -24.
Linda Jentink, City lerk
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 1, 2003
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
JULY 9, 2003
Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on
Wednesday, July 9, 2003 at 6:30 p.m. in the Council Chambers at City Hall.
Mayor Droste called the meeting to order with Council Members Riley, Shoe Corrigan,
DeBettignies and Strayton present. Also in attendance were City Administrator Verbrugge, City
Planner Pearson, City Engineer Brotzler, Parks Recreation Director Schultz, and Police Chief
Kalstabakken.
Community Survey Results
City Administrator Verbrugge introduced the item. The City Council had authorized a resident
survey to be conducted. Decision Resources Ltd. (DRL) was chosen to perform the survey.
DRL had conducted a similar survey for the City of Rosemount in 2001. Verbrugge invited
DRL president, Dr. William Morris, and his associate, Peter Leathemran, to present the survey
findings to the City Council.
Dr. Morris stated that the findings of the survey were very positive. He reviewed the findings of
key issues, compared the results to the survey conducted in 2001, and also compared
Rosenmount's results to other communities surveyed. Dr. Morris sutmnarized the findings by
saying that the results indicated a tremendous vote of confidence by the residents.
City Administrator Verbrugge stated that the survey would be very helpful as budget season was
approaching and as the City Council and staff begin work on some larger goals and issues. He
stated that a press release would be prepared to share the survey results with the media and the
community, and that the presentation from Dr. Morris would be posted on the C'ity's website.
Centex /Minea Perliminary Plat
Staff presented the preliminary plat and discussed the Planning Commission's actions of the
previous evening. Council indicated that their expectations included additional open
space /preservation near the DNR pond in the vicinity of the farmstead, landscaping on the outer
edges and along Connemara Trail County Road 38, and more open space and evenly
distributed parking for the townhouse area.
2004 Preliminary Budget
City Administrator Verbrugge introduced discussion of the 2004 preliminary budget. Council
members had earlier received the preliminary budget prepared by staff. Verbrugge gave an
overview of the preliminary budget indicating that the total budget is increasing about live point
four (5.4) percent; that increases in the general fund operating budgets were projected at less than
one percent; and, the proposed levy was the maximum allowed within the State imposed levy
limits and included the sixty percent recovery of lost State aids.
Based on the memo prepared by Finance Director May, Verbrugge said that preliminary figures
from Dakota County show that total tax capacity in 2004 will increase by approximately sixteen
percent because of new development. The proposed increase in the total spread levy from the
City is approximately eight percent. Verbrugge said that residents would see a property tax
reduction if there is little or no change to the assessed value of their home. However, the limited
market value assessment has been increased by the State and will be eliminated in future years.
Verbrugge said that means value increases could offset property tax reductions.
1
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
JULY 9, 2003
Verbrugge introduced each of the department directors to summarize proposed budgets and
answer questions. Council members asked department directors a number of questions regarding
personal services, growth in staffing levels, clarification of specific line items, and the Capital
Improvement Plan.
Verbrugge concluded that the Staff had presented an extremely conservative budget that focuses
on maintaining current service levels, prioritizing certain necessary improvements, and
accommodating continued community growth and development. He stated that only one new
position, a police officer, was being proposed.
Verbrugge suggested that the policy discussion by the City Council could focus on three primary
areas. First, whether it is the Council's intent to maintain City services at the existing level.
Second, whether it is appropriate to levy the maximum amount allowed by the 2003 Legislature.
If not. then staff would need direction as to which services and positions were to be cut.
Verbrugge explained that levy limits have been a long- standing practice and that future
uncertainties, such as whether the Market Value Homestead Credit would be restored in 2005,
could severely constrain communities that do not levy the maximum. He further mentioned that
a number of conmmnities that did not levy the maximum amount last year are experiencing
significant adverse impacts in 2003 and 2004 as a result.
Finally, Verbrugge stated that a number of the priority goals of the City Council were not
adequately addressed within the budget as a result of limited discretionary funds. He mentioned
that downtown redevelopment, open space acquisition, and purchase of a future library site were
all items that did not have an identified funding source other than use of reserve funds.
Verbrugge also mentioned that the preliminary budget did not include increased funding for
communications activities, which represents another priority goal for the Council. He stated that
the City currently has a Human Resources/Communications Coordinator performing most
communications responsibilities such as the newsletter and updating the website. He stated that
less than twenty percent of the individual's workload was focused on communications, which
was not giving communication activities the attention it deserves. He indicated his desire to
create a Communications Coordinator position in 2004. Council members agreed that seemed
like the best approach but requested additional information regarding the position and costs.
There was additional discussion regarding allocation of various salaries to different funds, the
reserve fund balances, and personal services increases.
City Administrator Verbrugge stated that he and Finance Director May would prepare additional
information for the next Council discussion of the budget regarding revenues and funding
sources that was requested by Council member Strayton, personnel counts and salary details
across departments, and infomtation demonstrating the effects of increased tax capacity and
market values on individual property tax payers.
The meeting was adjourned at 10:10 p.m.
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Respectfully submitted,
City Clerk Linda Jentink
The City Council's Agenda Packet is Clerk's File 2003 -25.
3
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
JULY 9, 2003
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
JULY 15, 2003
Pursuant to due call and notice thereof a Special Meeting was held on Tuesday, July 15, 2003 at
6:00 p.m. in the Council Chambers at City Hall.
Mayor Droste and Council Members Riley, Shoe Corrigan, and Strayton were present. Council
Member DeBettignies was absent. Also in attendance were City Administrator Verbrugge,
Police Chief Kalstabakken, City Planner Pearson, and Code Enforcement Official O'Brien. The
purpose of the work session is to review city ordinances.
Current Sign Ordinance
Code Enforcement Official O'Brien asked for direction from Council on how to revise the sign
ordinance. City Planner Pearson recalled some instances when signs for the commercial
community were not allowed. Pearson reviewed the square footage allowances for signs and that
off premise advertising was not allowed. There are no pending requests at this time. Banners are
allowed similar to a temporary sign, six times per year for a maximum of ten days each event.
City Administer Verbrugge noted that the Chambers of Commerce said there was a problem with
signs. Council consensus was for revisions that allow for directional signs on main streets to
local businesses.
RV Parking and Storage Ordinance
Code Enforcement Official O'Brien created a new ordinance. which would relax the recreational
vehicle (RV) regulations. It would put a cap on the number of recreational vehicles allowed and
allow RV's to stay in ones driveway for a maximum of ten days at a time with a minimum of
fourteen days between stays. O'Brien noted that set backs have not been changed. Council
Member Riley noted that most people provide storage and winterize their motor homes, but visits
from relatives with motor homes should be allowed. City Administrator Verbrugge noted that the
survey showed that one in four people in Rosemount own recreational vehicles. Mayor Droste
stated that it is not a valid argument to prove a zoning hardship when speaking about recreational
vehicles. The ordinance states that an RV more than 23 feet long would not be allowed in a
driveway. Discussion showed that often neighbors do not like looking at stored vehicles in
backyards any more than they do in the front yards. Homeowner associations often have more
stringent rules than the City of Rosemount does and yet, some homeowners will complain about
those very rules. Staff felt it was not a city function to uphold the rules set out by homeowner
associations. City Attorney LeFevere noted that courts would be over burdened if all complaints
ended up in a dispute. Police Chief Kalstabakken said this ordinance is a compromise. it allows
storage of a 23 foot long motor home in the rear yard with screening. The screening could consist
of fencing and trees, a minimum of 9 feet tall. This could be at considerable cost, but would be
more pleasing for the neighbors view. Kalstabakken noted that the allowed season for stnntner
RV's :would be from April 1 to October 31, and winter vehicles would be the same dates as the
snow parking ban, November 1 to March 31. This may help residents remember the effective
dates. Non functioning vehicles, unregistered, or junk vehicles would not be allowed to be stored
outside.
Mayor Droste adjourned the meeting at 7:15 p.m. until it could be reconvened after the regular
City Council meeting. The meeting reconvened at 8:22 p.m.
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ROSEMMOUNT CITY PROCEEDINGS
SPECIAL MEETING
JULY 15, 2003
Animal Ordinance
Code Enforcement Official O'Brien noted that the current animal ordinance was adopted directly
from a copy of the Rochester animal ordinance. Staff has had to create new processes to deal
with the registration and permits required. There are still fees that need to be established to
comply with this ordinance. O'Brien researched many issues and would like to have animal
regulations included especially on exotic animals and pasture management. This would aid the
Police Department with animal control within the city. The Minnesota State Statutes regulate
minimum controls for animals that bite humans under the Dangerous Dog Act. The proposed
animal ordinance would focus on both animal and owner education in response to complaints.
Police Chief Kalstabakken said that statistics show that one dog in twelve will bite again after the
first human bite. The dangerous dog notice puts owners and neighbors on alert. There is a K -9
program available which can encourage correction to the dogs' actions. The placement of horses
is also addressed. Council gave direction to start with a new ordinance rather than patch -up the
current ordinance. More discussion is recommended. Staff will begin to compile a new ordinance
for review next year. Enforcement issues should be considered.
The meeting was adjourned at 9:08 p.m.
Respectfully submitted,
The City Council's Agenda Packet is Clerk's File 2003 -26.
City Clerk Linda Jentink
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 15, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, July 15, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145 Street West.
Mayor Droste called the meeting to order with Council Members Riley, Strayton and Shoe-
Corrigan present. Council Member Mark DeBettignies was absent. Also present were City
Administrator Verbrugge, City Engineer Brotzler, City Planner Pearson, Police Chief
Kalstabakken, and Parks Recreation Director Schultz. The Pledge of Allegiance was said.
The agenda was modified by removing Item 5.a. Acknowledge Terry's Ace Hardware which was
rescheduled to August 17. Information was added to Item 6.f. Receive Bids /Award Contract for
Bloomfield Vineyards Street and Utility Improvements, City Project 368 and Item 6.i. Temporary
On -Sale 3.2% Malt Liquor License. Two new items were added to the Consent Agenda, 6.m.
Temporary On -Sale Liquor License and 6.n. Approve Modification and Amendment of Easement
Grant with Northern Natural Gas for Bacardi Water Tower Property, City Project 355. In
addition, the Ordinance for Item 7.b. Exemption to Accessory Structure Standards for Traditional
Farmsteads was revised. Mayor Droste moved to set the agenda as presented. Second by Shoe
Corrigan. Ayes: Four. Motion carried.
Resignation of Employee and Authorization to Recruit Police Officer
Police Chief Kalstabakken asked City Council to accept the resignation of police officer Mark
Robideau effective July 31, 2003. After twenty -five years of service Mark is retiring from law
enforcement to pursue another career. Kalstabakken stated that Robideau had been the "face" of
the Rosemount Police Department for many years because he was known by the community and
school age children. Robideau started the first Citizen Police Academy last year and has led them
with integrity. Officer Robideau reviewed his first years with the Police Department and noted
that he proudly served under three Police Chiefs Staats, Knutson, and Kalstabakken. Mayor
Droste thanked Officer Robideau for his involvement in D.A.R.E. and the great role model he
has been for children in our community. Council Member Riley noted that her three children
attended Officer Robideau's D.A.R.E. classes. Riley thanked Robideau for being a great role
model and friend for her children and said he has left a legacy they will not forget. Council
Member Shoe Corrigan has seen Officer Robideau in action while she worked at Rosemount
Elementary. Robideau was a quality teacher and she hoped to see him return to this school
district.
Consent Agenda
Council Member Strayton requested discussion on Items 6.i. Temporary On -Sale 3.2% Malt
Liquor License and Item 6.1. Exemption from City Code 9 -7, Construction Operations and
Excessive Noise. These items were pulled from the Consent Agenda for discussion.
MOTION by Riley to approve the Consent Agenda with the additional information for Item 6.f.
City Project 368; and two items added: 6m. Temporary On -Sale Liquor License and 6.n. Approve
Modification and Amendment of Easement Grant with Northern Natural Gas for Bacardi Water
Tower Property, City Project 355; and two items pulled for discussion: 6.i. and 6.1. Second by
Shoe- Corrigan. Ayes: Riley, Strayton, Shoe-Corrigan, Droste. Nays: None. Motion carried.
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J.
k.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 15, 2003
a. Minutes of July 1, 2003 Regular City Council Meeting
b. Minutes of June 11, 2003 Committee of the Whole
c. Bills Listing
d. Receive Donation for Parks and Recreation Department
e. Receive Bids /Award Contract, 160 Street Sanitary Sewer Extension, City Project 365
f. Receive Bids./Award Contract, Bloomfield Vineyards Street and Utility Improvements,
C. P. 368
g. 2003 Solid Waste Hauler License
h. Declare Surplus Equipment Engineering Department
i. Temporary On Sale 3.2: Nlalt Liquor License
Resolution and Consent Order hnposing Civil Penalty On AMP City Limits
Bloomfield "Vineyards" 7 Addition Final Plat
m.
n.
Add -On Temporary On -Sale Liquor License
Add -On Approve Modification and Amendment of Easement Grant with Northem
Natural Gas for Bacardi Water Tower Property, City Project 355.
6.i. Temporary On -Sale 3.2% Malt Liquor License
Council Member Strayton wondered how late the beer sales would be. The Leprechaun Days
Agreement indicates it would close at 11:00 p.m. Strayton also noted that the recommended
motion said in the parking lot, 2875 145 Street West, and he would prefer that it be contained in
the hockey rink area as in the past. City Clerk Jentink believed it was still to be held in the
hockey rink. next to the parking lot and agreed to the wording change. Police Chief Kalstabakken
confirmed that the Jaycee's beer garden will be in the hockey rink.
MOTION by Strayton to approve the Temporary On -Sale 3.2% Malt Liquor License for the
Jaycees on July 25 -26, 2003 at 2875 145 St. West, Central Park hockey rink. Second by Riley.
Council Member Shoe Corrigan suggested a friendly amendment to include a time limit until
11:00 p.m. as indicated in the Leprechaun Days Agreement. Strayton agreed as did the motion
second, Riley. The amended motion read as follows:
MOTION by Strayton to approve the Temporary On -Sale 3.2% Malt Liquor License for the
Jaycees on July 25 -26, 2003 at 2875 145 St. West, Central Park hockey rink until 11:00 p.m. as
indicated in the Leprechaun Days Agreement. Second by Riley. Ayes: Stratton, Shoe Corrigan,
Droste, Riley. Nays: None. Motion carried.
6.1. Exemption from City Code 9 -7, Construction Operations and Excessive Noise
Council Member Strayton questioned the City Engineer on hours of operation in the primarily
industrial area. City Engineer Brotzler said there is one resident impacted, Myron Napper. The
work is temporarily allowing construction at night, between 6:00 p.m. to 6:00 a.m., seven days a
week for a period of three to four weeks. This is for MnDot TH 52 and 117 Street interchange
project. Due to high volume traffic during the day. this will help speed up the project. Council
asked to have homeowners noticed and City Planner Pearson noted that typically that would be
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 15, 2003
done for 1/4 quarter mile radius around the project. This project is for the north bound lanes of
52 only. The south bound lanes will be completed next year.
MOTION by Riley to approve the request by Hoffman Construction Company for exemption
from City Code 9 -7, Construction Operations and Excessive Noise with the condition that City
approval may be revoked at the discretion of City Staff at any time upon receipt of complaints of
excessive noise. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste, Riley, Strayton. Nays:
None. Motion carried.
Downtown Redevelopment Committee Resident Members
City Administrator Verbrugge noted that ads were placed in the Rosemount Town Pages seeking
residents for the Downtown Redevelopment Committee. Three positions are available. Staff
requests the Council to choose a date for interviews. The City has received thirteen applications.
Dates were discussed. The consensus for the meeting was on Saturday, August 9, 9:00 a.m. to
noon.
MOTION by Riley to set a special meeting for committee selection on August 9, 2003, at 9:00
a.m. for the selection of three resident positions for the Downtown Redevelopment Committee.
Second by Stratton. Ayes: Droste. Riley, Stratton, Shoe Corrigan. Nays: None. Motion carried.
Exemption to Accessory Structure Standards for Traditional Farmsteads
City Planner Pearson presented the zoning code amendment to allow certain exterior building
materials standards for traditional farmsteads (bams; pole banns not included). Council directed
the Planning Commission and City Staff to draft more specific language regarding siding and
roofing materials as well as to inventory properties this text amendment may impact. Staff
recorded five ham locations. After interviewing siding and roofing industry representatives, the
amendment includes language to include standards for thickness, color, texture, orientation
(vertical or horizontal), and lap width. Exceptions are directed to the RR(Rural Residential) and
AG (Agriculture) districts, which are less than twenty acres or for non agricultural use west of
Akron Avenue. Residents are encouraged to replicate the original structure. Council Member
Riley applauded the Planning Commission and City Staff for the good solution to this dilemma.
MOTION by Riley to adopt AN ORDINANCE AMENDING ORDINANCE B, THE
ZONING ORDINANCE, REGARDING TRADITIONAL FARMSTEADS with the
modification of deleting pole barns. Second by Strayton. Ayes: Riley, Strayton, Shoe Corrigan,
Droste. Nays: None. Motion carried.
Announcements
Mayor Droste reviewed the upcoming meetings.
Parks and Recreation Director Schultz noted that Leprechaun Days begins July 18 to July 27.
Schultz pointed out the colorful brochure inserted into residents ThisWeek Newspaper showing
all events. Schultz also noted that a schedule of events is on the web page
www.rosemountbank.com. Rosemount has also begun hosting a Farmers Market on Tuesdays
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each week from July 1 to September 16, 2:00 p.m. to 6:00 p.m. in the Rosemount Community
Center/National Guard Armory south parking lot.
Mayor Droste adjourned the regular meeting at 8:04 p.m.
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -27.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JULY 15, 2003
Linda Jentink, Ci y Clerk
Recording Secretary
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 7, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Thursday, August 7, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145 Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Riley. Strayton
and Shoe Corrigan present. Also present were City Administrator Verbrugge, Attorney
LeFevere, City Engineer Brotzler, City Planner Pearson, and Engineering Consultant Andrea
Moffat from WSB Engineering. The Pledge of Allegiance was said.
An additional donation was added to Item 6.e. Receipt of Donation for Police Department
D.A.R.E. and three items were added to the Consent Agenda: Item 6.m. Gambling Premises
Permit Renewal for Rosemount American Legion; 6.n. Receive Donations AMF City Limits
and Target; and 6.o. MCES Agreement for Eastside Watermain, City Project 345. Mayor Droste
moved to accept the agenda as amended. Second by Riley. Ayes: Five. Nays: None. The agenda
was set.
Public Comment
Mike Freels, 15216 Danville Avenue, was concerned about public safety in his neighborhood in
regard to animal control and dog bites. Freels has a neighbor who has a dog that is known to have
bitten people three times. His child was one of the victims. Freels said that invisible fencing
offers only a sense of safety for the owner and does not work with most dogs in his
neighborhood. Freels felt that the city does not have a coherent policy that progresses with a
logical penalty when repeat offenses are made. Freels suggested that City Council review the
Animal Ordinance to [Hake it flexible and exercise common sense. but not leave it open to
interpretation. Freels said the current ordinance does not enforce the public nuisance issue as
stated in Minnesota State Statutes 347. Freels found on the intemet that the city of Fort Worth
had forbidden invisible fencing unless there was also a physical fence in place. Mayor Droste
thanked Mr. Freels for appearing and noted that this is appropriate and timely information
because the Council is currently reviewing the Animal Ordinance.
Consent Agenda
Mayor Droste noted that three items had been added to the Consent Agenda, 6 m., n., and o. as
stated below and that Item 6.e. received an additional donation.
MOTION by DeBettignies to approve the Consent Agenda with additional information added to
Item 6.e. Receipt of Donation for Police Department D.A.R.E. Fund and adding Item 6.m.
Gambling Premises Permit Renewal for Rosemount American Legion, 6.n. Receive Donations
AMF City Limits and Target, and 6.o. MCES Agreement for Eastside Watemtain, City Project
345. Second by Riley. Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None.
Motion carried.
a. Minutes of July 15, 2003 Regular City Council Meeting
b. Minutes of July 15, 2003 Special Meeting
c. Minutes of July 9, 2003 Committee of the Whole
d. Bills Listing
e. Receipt of Donation for Police Department D.A.R.E. Fund (amended)
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 7, 2003
f. Expenditures Approval from Donation Account for Parks Recreation Department
g. Joint Powers Agreement Between Dakota County Technical College and the City of
Rosemount for Extension of Water Services, City Project #345
h. Change Order #4, Rosewood Estates /Village Street Utility Improvements, City Proj 350
i. Set Public Hearing, Vacation of Drainage Utility Easement in Bloomfield, Outlot C
j. Receive Plans Spec's /Authorize Advertisement for Bids for Biscayne Pointe 5` Addition
Street Utility Improvements, City Project 367
k. Resignation of a Firefighter
1. Set Special Meeting August 13, 2003 to Consider Bid
m. Add -on Gambling Premises Permit Renewal for Rosemount American Legion
n. Add -on Receive Donations AIM City Limits and Target
o. Add -on MCES Agreement for Eastside Watermain. City Project 345
Wetland Conservation Act Exemption for Keegan Lake Outlet, City Project 343
City Engineer Brotzler recapped the proposed City Project 343 for stone sewer improvements for
the Keegan Lake Outlet Project. Keegan Lake is a DNR regulated wetland so a permit is required
for work below the Ordinary High Water (OHW) mark. Andrea Moffat, Wetland Specialist from
WSB Engineering. provided details of the review. The project would impact 4,506 square feet
while installing an outlet on the southeast side of Keegan Lake. The outlet would flow to a new
infiltration basin with a series of outlets to the Bloomfield 5` pond. Residents around Keegan
Lake face septic system failures if the water level cannot be controlled. Brotzler noted that the
City's Public Works Department would operate the storm sewer system. Mayor Droste said that
residents affected should be notified of these changes.
MOTION by Shoe- Corrigan to approve the Wetland Conservation Act Determination Findings
and Conclusions for Keegan Lake Outlet Construction Project. City Project 343. Second by
DeBettignies. Ayes: Droste. Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion
carried.
Rezoning From PI to R -2 for Basic Builders
City Planner Pearson presented the request from Basic Builders to rezone approximately 16 acres
located on the southwest corner of Biscayne Avenue and Connemara Trail, east of Hwy 3 which
is under construction. Pearson explained that this parcel was zoned Public /Institutional when a
request to place an Islamic cemetery there was made and the City's Comprehensive Guide Plan
was updated in 1993. The cemetery proposal never developed further. Basic Builders proposes
40 twin -home units. It was noted that this was a difficult parcel because of the nearby railroad
and National Guard Maintenance Facility. Council Member Strayton questioned the tax base for
the property and what benefit to the community this would be.
MOTION by DeBettignies to approve an ordinance amending Ordinance 13. the Zoning
Ordinance, rezoning the property located on the southwest corner of Biscayne Avenue and the
projected Connemara Trail from PI (Public /Institutional) to R -2 (Moderate Density Residential).
Second by Shoe Corrigan. Ayes: Riley, DeBettignies, Shoe Corrigan, Droste. Nays: Strayton.
Motion carried.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 7, 2003
Zoning Text Amendment: Section 16.6E Minimum Building Size in the General Industrial
District
City Planner Pearson noted that this request comes from City Staff due to recent trends of
commercial developers to have a low building to lot size ratio. Staff conducted research on how
other cities have handled this issue. Apple Valley has a 20,000 square foot minimum building
size per lot and an 80,000 square foot minimum lot size. Outdoor storage or parking lot does not
increase the taxable value of the property. This amendment only applies to the General Industrial
(GI) district. This would not affect businesses already developed. Only those businesses that
developed after the amendment is published would be required to comply. Council felt that
protective wetland should not be included in the total land fommtla for determining building size
ratio.
MOTION by DeBettignies to approve amending Ordinance B, the Zoning Ordinance, Section
16.6E. creating a minimum building size standard of 10 percent of the subject property with the
addition on E. 9. "excluding protected wetland." Second by Shoe Corrigan. Ayes: Strayton,
DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried.
Zoning Text Amendment to Allow Cement or Concrete Production in the AG District
Provided the Site Has an Approved Mineral Extraction Permit
City Planner Pearson presented an application for an amendment which would allow Mr. Danner
to begin a cement plant at the location of his mineral extraction operation on the east side of
Rosemount. Staff proposes that a Conditional Use Permit (CUP) process would be used to attach
conditions when necessary. If any conditions are violated, the city would have the authority to
revoke the permit. Pearson noted that there are more complaints with asphalt plants than cement
plants. There are five mineral extraction operations licensed now, some of these are in the
industrial District where cement plans are already a pennitted use. Council will have a chance to
review any new application for a cement plant and there is an annual review of mineral extraction
permits.
MOTION by Strayton to approve an ordinance amending Ordinance B, the Zoning Ordinance,
Sections 6.1(AG, Agricultural District) and 12.4 (Mineral Extraction) to allow cement or
concrete production in association with mineral extraction as a conditional use within the AG,
Agricultural District. Second by Riley. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley,
Strayton. Nays: None. Motion carried.
Announcements
Mayor Droste reviewed the upcoming meetings.
City Engineer Brotzler announced that as part of the City's maintenance program the Public
Works Department will be doing overlays of the trail along Shannon Parkway between CSAH 42
and 160` Street starting August 18.
Mayor Droste and City Council unanimously adjourned the regular meeting at 8:33 p.m.
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Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -28.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 7, 2003
Linda Jentink, City Clerk
Recording Secretary
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ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
AUGUST 9, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Saturday, August 9, 2003, at 9:00 a.m. in the Council Chambers at City Hall, 2875
145 Street West. To accommodate all the applicants, additional notice was given for individual
interviews on August 7 prior to the regular City Council meeting and August 19` prior to the
regular City Council meeting.
Mayor Droste called the meeting to order with Council Members Shoe Corrigan, Riley, and
Strayton present. Also present were City Administrator Verbrugge.
Council conducted interviews for thirteen applicants for the Downtown Redevelopment
Committee., an advisory committee. Thomas Caravello was interviewed on August 7 Laurie
Humphrey, Richard Daniels, Andrea Wilson, Edward Nelson, Leslie Defries, Jayme Machitelli,
Cindi Potaracke, Tad Johnson, Rita Dupre, and Rishi Mohabir were interviewed on August 9
On August 19 Jeffrey Smith and Maureen Geraghty Bouchard were interviewed.
Council was impressed with the quality and enthusiasm of the applicants. Each had talents to
offer the committee. The difficult decision would be made at the regular City Council meeting of
August 19, 2003.
Mayor Droste and City Council unanimously adjourned the special meeting at 12:30 p.m.
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -29.
7
amie Verbrugge, City Administrator
Recording Secretary
1
Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was
cancelled on Wednesday, August 13, 2003, at 6:25 p.m. in the Council Chambers at City Hall,
2875 145` Street West.
The purpose of the meeting was to review bids for the improvements to Chippendale Avenue.
City Engineer Brotzler reported that the bids were opened on August 12 however, they were
still under review and no action was requested at this time.
City Administrator Verbrugge directed the meeting to be cancelled and to have this item
presented to the City Council at its next regular meeting.
Respectfully submitted,
Linda Jentink, City Clerk
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
AUGUST 13, 2003
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
AUGUST 13, 2003
Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on
Wednesday. August 13, 2003 at 6:30 p.m. in the Council Chambers at City Hall.
Mayor Droste called the meeting to order with Council Members Riley, Shoe Corrigan,
DeBettignies and Strayton present. Also in attendance were City Administrator Verbrugge, City
Planner Pearson, City Engineer Brotzler, Parks Recreation Director Schultz, and Police Chief
Kalstabakken.
Great River Energy Power Plant
City Administrator Verbrugge introduced Rick Lancaster of Great River Energy (GRE). Mr.
Lancaster informed the City Council that the original proposal for a 60(1 megawatt natural gas
burning power plant in Rosemount is being reconsidered by GRE. Lancaster said that GRE had
an agreement with Minnesota Power in Duluth to purchase a portion of the electricity that the
original proposal in Rosemount would have provided. He further stated that GRE is looking at
building two 150 megawatt natural gas- burning peaking plants. The personal property tax
exemption granted by the State Legislature in 2003 for the project was very specific to a
combined -cycle plant, which means GRE will have to approach the Legislature in 2004 to
receive a new exemption. Lancaster said that the revised development proposal would mean
more personal property tax to be exempted because the plants won't qualify for State allowed
efficiency -based tax reductions.
Mr. Lancaster said the request of GRE to the City Council was to continue negotiating a host
agreement. GRE hopes to have the agreement finalized before the next legislative session. City
Council had several questions regarding the revised proposal. Lancaster said that GRE has a
similar plant in southeastern Minnesota and that he would be glad to arrange a bus tour for City
Council members, County Commissioners, and nearby residents.
The City Council directed staff to continue working with GRE on a host agreement.
Comprehensive Stormwater Management Plan
Staff reviewed the proposal provided from MCES for the proposed oversizing of the MCES
Outfall system to accommodate stormwater discharge from the City of Rosemount. Four options
were presented by Staff and based on the information presented, Council provided direction to
proceed with Option No. 3.
Staff also reviewed with Council the status of the Comprehensive Stonn water Management Plan
Update review and approval by the Vermillion River Watershed Organization. The plan has
been submitted to the VRWO but no action has been taken yet. Staff and the City Attorney will
draft a letter to the VRWO requesting formal action by the VRWO on the City's CSMP Update.
2004 Proposed Budget and Levy
City Administrator Verbrugge introduced discussion of the 2004 preliminary budget. Council
members had earlier received the preliminary budget prepared by staff. Verbrugge gave an
overview of the preliminary budget indicating that the total budget is increasing about five point
four (5.4) percent; that increases in the general fund operating budgets were projected at less than
one percent; and, the proposed levy was the maximum allowed within the State imposed levy
limits and included the sixty percent recovery of lost State aids.
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Council members requested more information about the general fund balance. Staff was directed
to project end of year 2003 expenditures, revenues, and reserves, and to report back to the City
Council by late August or early September. Council members requested this information in
advance of the first regular meeting in September when they are scheduled to set the preliminary
levy. Staff reminded Council that once the preliminary levy is set it can be reduced at a later
date but it camiot he increased.
The meeting was adjourned at 10:10 p.m.
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
AUGUST 13. 2003
Respectfully submitted,
Jamie Verbrugge
City Administrator
The City Council's Agenda Packet is Clerk's File 2003 -29A.
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
AUGUST 19, 2003
Pursuant to due call and notice thereof a Special Meeting was held on Tuesday, August 19, 2003
at 6:00 p.m. in the Council Chambers at City Hall.
Mayor Droste called the meeting to order with Council Members Riley, Shoe Corrigan,
DeBettignies and Strayton present. Also in attendance were City Administrator Verbrugge, Code
Enforcement Official O'Brien, and City Planner Pearson.
The purpose of the meeting was to review the Property Maintenance Ordinance.
City Administrator Verbrugge and Code Enforcement Official O'Brien gave an overview of the
property maintenance issues.
Code Enforcement Official O'Brien offered several suggestions to upgrade the current property
maintenance program: adoption of the International Property Maintenance Code, adoption of a
proposed lawn installation and maintenance ordinance, adoption of a rental property licensing
and inspection program, and switching any prosecution required to obtain compliance in
property maintenance and code enforcement to the Housing Court at the Dakota County
Northern Service Center rather than the current criminal court in Hastings.
There was additional discussion regarding user fees associated with the cost of code enforcement
inspection follow up, maintaining the quality of existing affordable housing stock within the city
and methods of notification related to enforcement activity.
Staff was given direction to research and prepare the proposed ordinances, codes, and a timeline
for the long -term project to include public informational meetings to gather input from the
community.
The meeting was adjoumed at 6:45 p.m.
Respectfully submitted,
Jamie Verbrugge
City Administrator
The City Council's Agenda Packet is Clerk's File 2003 -31.
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 19, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, August 19, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145 Street West.
Mayor Droste called the meeting to order with Council Members Shoe Corrigan, DeBettignies,
Riley, and Strayton present. Also present were City Administrator Verbrugge, Attorney Robert
Vose, City Engineer Brotzler, City Planner Pearson, and Biologist Andrea Moffat from WSB
Engineering. The Pledge of Allegiance was said.
Staff requested that several documents be added for agenda items. Item 6.1. Approve Plans
Specs /Authorize Ad for Bid, Keegan Lake Outlet, City Project 343 had revisions made to its
resolution by the city attorney. Item 6.m. MCES Proposal for Combined Outfall had a resolution
provided to authorize staff to enter into negotiations with MCES for the construction of an
oversized MCES outran to the Mississippi River with a financial analysis to forecast fees and
costs. Item 9.a. Rosemount Cliff Addition Concept PUD was provided with a resolution for
Findings of Fact for a denial of the development. Item 9.b. Downtown Redevelopment
Committee Appointments had a ballot prepared for Council to vote on residents at large for
appointment. Item 9.d. Hiring of Hunan Resource /Communication Coordinator provided the
recommendation of Dawn Weitzel. Staff recommended pulling Item 9.c. Hiring of Community
Development Director until such time that a recommendation can be made. Also, an add -on to
the agenda was requested an operations exception for Shafer Contracting by MnDOT. Mayor
Droste moved to accept the agenda as amended. Second by Riley. Ayes: Five. Nays: None. The
agenda was set.
Public Comment
Gerald Eibner, from Asbury Glen development near December Trail, presented a letter to
Council presenting the concerns about their pond and erosion measures recommended by the
City. Eibner pointed out that this pond is the focus of most backyards. The neighbors installed a
fountain in the center of the pond for looks and to keep the water aerated. The City presented that
the fountain makes ripples that cause some of the erosion. But, after observing the pond for
several years, Eibner felt the wind action comes in the north/south direction and causes the
erosion under the grass out to the edge of the pond. This has resulted in lost shoreline. The
developer, Wensmann had landscaped to the edge of the water and charged S5000 more per lot
along the pond. The neighbors request that rip -rap be placed along the shoreline of the city's
holding pond soon at least on the north and south shores. Council Member Riley has a copy of
the letter. Staff will follow up with a report at the next City Council meeting.
Acknowledge Terry's Ace Hardware
Mayor Droste presented a Certificate of Appreciation to Chuck and Darleen Terry, owners of
Ace Hardware. Their hardware store earned a Consumers' Checkbook top rating for quality and
price. Council and City Staff conveyed congratulations to the Tent's for their outstanding
business.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 19, 2003
Police Officer Oath of Office
Police Lieutenant Dwayne Kuhns introduced Chad Rosa, who is a resident of Rosemount now
and also grew up in the City of Rosemount. Rosa worked for Rosemount as a Community
Service Officer and Police Officer in the past. He served with the Minnesota State Patrol for the
last two years. Rosa earned his BA at Metropolitan State University. Mayor Droste administered
the Oath of Office to Rosa and welcomed him back.
Consent Agenda
Mayor Droste noted the additional documents added to Consent Agenda items as presented at the
start of the meeting. Council Member Strayton requested that Item 6.g. be pulled for discussion
and Item 6. k. was pulled for discussion under Old Business.
MOTION by Riley to approve the Consent Agenda with additional information added and
removal of Item 6.g. and 6.k. Second by Strayton. Ayes: Droste, Riley, Strayton, DeBettignies,
Shoe Corrigan. Nays: None. Motion carried.
a. Minutes of August 7, 2003 Regular City Council Meeting
b. Bills Listing
c. Expenditure Approval from Donation Account for Parks Recreation Dept.
d. 2003 Fee Schedule Resolution Changes
e. Bloomfield 6th Addition Final Plat Subdivision Agreement
f. Clare Downs Phase 11 Final Plat (Evennoor) Subdivision Development Agreement
g. Vcstcrru, LLC New Mineral Extraction Permit Pulled for discussion
h. Dakota County C1P Resolution
i. Approve Plans Specs /Authorize Ad for Bid, Keegan Lake Outlet, City Project 343
j. Change Order #1 Bloomfield 5 Addition, City Project 364
k. Minea EAW, City Project 351 Pulled for discussion under Old Business
1. Authorization to Hire Police Officer
m. MCES Proposal for Combined Treated Effluent/Stomrwater Outfall
6.g. Vesterra, LLC New Mineral Extraction Permit
Council Member Strayton asked how staff resolved CR 38 and CR 71 issues with Dakota
County. City Engineer Brotzler reported that Dakota County conducted strength tests to met
specifications. The street will he posted with nine ton road restrictions and seven ton restrictions
in the spring.
MOTION by DeBettignies to approve the mineral extraction permit for Vesterra, LLC subject to
the attached conditions of operation for 2003. Second by Riley. Ayes: Riley, Strayton,
DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried.
PUBLIC HEARING: Vacation of Drainage and Utility Easement Bloomfield Addition,
Outlot C
Mayor Droste reviewed the process for the public hearings. The Affidavits of Notice and
Publication were on file in the Clerk's Office.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 19, 2003
City Engineer Brotzler reviewed the need to vacate the existing drainage and utility easement on
Outlot C of the Bloomfield Addition. The Bloomfield Vineyards plat was revised with a new
area platted for the drainage and utility easement. Mayor Droste opened the Public Hearing.
There were no continents offered from the audience.
MOTION by Droste to close the Public Hearing for Vacation of Drainage and Utility Easement
Bloomfield Addition, Outlot C. Second by Shoe Corrigan. Ayes: Strayton, DeBettignies, Shoe-
Corrigan, Droste, Riley. Nays: None. Motion carried.
MOTION by Riley to adopt A RESOLUTION CAUSING EASEMENT VACATION ON
THE BLOOMFIELD ADDITION PLAT, OUTLOT C. Second by Shoe Corrigan. Ayes:
DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried.
Minea EAW, City Project 351
City Engineer Brotzler reviewed the Environmental Assessment Worksheet (EAW) for the
proposed Minea property residential development. The public cotnrnent period ended on August
6th and Andrea Moffatt. biologist for WSB Associates, wrote the summary of the responses.
Tree preservation and traffic issues were the prime concerns. Dakota County disclosed that there
is a dumpsite on the south edge of the property near the proposed pond. Staff does not have any
further information regarding the dumpsite. Council was concerned about the potential for clean-
up and remediation of the site. Discussion was held if further environmental studies should be
conducted. City Attorney Vose noted that this is not a zoning issue so there is no 60 -day rule.
City Planner Pearson commented that the local process does not waive any other standards for
other governing agencies. The consensus of the Council was to table this issue until further
information is collected. Brotzler summarized the action requested by Council: 1) Follow -up on
DNR comment, 2) research dumpsite information, 3) notify the developer, and 4) look into
Dakota County's process regarding the dumpsite.
MOTION by Riley to table the Minea EAW until staff comes back to the September 2, 2003
City Council meeting with additional findings of fact. Second by Shoe Corrigan. Ayes: Shoe
Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried.
Rosemount Cliff Addition Concept PUD
City Planner Pearson presented a summary of the development by Tollefson Development
located on the Richard Cliff property on the west side of Akron Avenue, one -half mile north of
135` Street West. This property is zoned Agricultural and is outside the Metropolitan Urban
Service Area. The plan indicates a community septic area until a sanitary sewer infrastructure
could be extended to the property. There are 105 lots proposed for the 75 acres. Pearson
explained that sewer is not expected to extend to that area until post 2020. A Comprehensive
Guide Plan amendment would be required for the zoning change which calls for approval by
Metropolitan Council. Because of the sewer issue and the amendment the Planning Commission
denied the concept residential plan.
Council Member Riley commented that it looks like a good plan design, but it is hard to approve
when it is not within the Comp Plan or the density of the AG district. Pearson noted that sitnilar
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 19, 2003
housing developments in other cities have had permanent utilities installed, not temporary ones.
Who would pay for the utilities conversion in the future? Mayor Droste noted there are water
quality problems in that area now. City Engineer Brotzler noted that the Fire Marshall would
require a separate water system, a municipal caliber well. Council concluded that the plan was
attractive but the timing is bad.
MOTION by Riley to direct staff to prepare findings supporting denial of the concept residential
planned unit development for Cliff Addition. The motion failed due to lack of a second.
MOTION by Riley to adopt the Findings of Facts supporting denial of the Concept Planned Unit
Development for Cliff Addition. Second by DeBettignies. Ayes: Droste, Riley, Strayton,
DeBettignies, Shoe Corrigan. Nays: None. Motion carried.
Downtown Redevelopment Committee Appointments
City Administrator Verbrugge reported that thirteen applicants had been interviewed for the
Downtown Redevelopment Committee by Council. The purpose of the advisory committee
would be to revisit the downtown plan that was prepared by URS in 2002, evaluate current
market and financial conditions, solicit community input, and make a recommendation to the
Port Authority. Council is requested to appoint the recommended Chamber members, one
Planning Conmtissioner and two Port Authority Commissioners. Also two City Council
members need to be selected and a minimum of three of the interviewed Rosemount resident
applicants. Mayor Droste suggested adding two more resident members for a total of five
members from the resident applicants. That was acceptable to all Council members.
MOTION by DeBettignies to expand the resident members from three appointments to five
appointments, bringing the total number of members to thirteen. Second by Shoe Corrigan.
Ayes: Riley, Strayton. DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried.
The City Clerk distributed ballots to the City Council to select the five Downtown
Redevelopment Committee members. City Administrator Verbrugge and City Clerk Jentink
tallied the ballots. The five residents that received the most votes were: Laurie Humphrey, Rita
Dupre, Maureen Geraghty Bouchard, Jeffrey W. Smith, and Leslie Defries.
The Council discussed who was interested and had available time to represent City Council on
the Downtown Redevelopment Committee. Council Members Mary Riley and Kim Shoe
Corrigan were selected. Riley stated she was excited to see this move forward.
MOTION by DeBettignies to appoint Council Members Mary Riley and Kim Shoe Corrigan as
representatives for the Rosemount City Council on the Downtown Redevelopment Committee.
Second by Droste. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None.
Motion carried.
MOTION by Shoe Corrigan to appoint Laurie Humphrey, Rita Dupre, Maureen Geraghty
Bouchard, Jeffrey W. Smith, and Leslie Defries to the Downtown Redevelopment Corrunittee.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 19, 2003
Second by Riley. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None.
Motion carried.
MOTION by DeBettignies to appoint Mike Baxter, Jay Tentinger, and Jason Messner from the
Commissions; and Ed McMenomy, Chuck Terry, Mark Toombs from the Rosemount Chamber
of Commerce; collectively to form the Downtown Redevelopment Conmrittee, an advisory
committee to the City Council. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste, Riley,
Strayton, DeBettignies. Nays: None. Motion carried.
Mayor Droste was supportive of all the appointments. Droste thanked the Chamber of Commerce
for their cooperation in recommending business members. He was excited to see the enthusiasm
held by these members. Verbrugge noted letters will be sent out to all applicants noticing them of
the outcome and encouraging those not selected to look for other opportunities.
Hiring of Human Resource /Communication Coordinator
City Administrator Verbnugge reported that over 80 applications were received for the Human
Resource /Communication Coordinator. Nine applicants were interviewed. All of them were well
qualified and several had Masters Degrees. The interview process included a situational exercise,
meeting with department heads, and a tour of City Hall. Dawn Wietsel was selected. Dawn had
worked at the cities of Richfield, Moundsview, and St. Louis Park.
MOTION by Strayton to approve the hiring of recommended candidate Dawn Wietsel for the
Human Resource /Communications Coordinator. Second by Riley. Ayes: Droste, Riley, Strayton,
DeBettignies, Shoe Corrigan. Nays: None. Motion carried.
Shafer Contracting Operations Exception
City Planner Pearson reviewed the request by Minnesota Department of Transportation
(MnDOT) to allow the mineral extraction contractor additional hours to work because of the
traffic congestion resulting from the 117` Street /TH52 improvements in Inver Grove Heights.
Shafer Contracting is located on the northern edge of Rosemount and is requesting exception to
the operations regulations to extend them for a 24 -hour basis on August 22, 23, 24 and
September 5, 6. and 7.
Council Member Strayton asked to have neighbors noticed. Mayor Droste approved since it
would improve safety to accommodate MnDOT's request.
MOTION by Riley to grant Shafer Contracting Co. an exception to the operating hours
restrictions in their Mineral Extraction Permit Conditions allowing hauling for a 24 -hour basis on
August 22, 23 and 24, and on September 5, 6, and 7 only. Second by DeBettignies. Ayes: Riley,
Strayton, DeBettignies. Shoe Corrigan, Droste. Nays: None. Motion carried.
Announcements
City Administrator Verbrugge reported that the Metropolitan CDA grant application was
forwarded to Metropolitan Council. This would mean $50,000 for the Downtown
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Redevelopment project. Council Member Strayton congratulated staff on the good job.
Council Member Riley said she received a call from a resident about the odd/even watering ban.
This resident was told she could not water her flowers. Riley questioned that interpretation of the
policy. Staff will review the ordinance. City Engineer Brotzler thought the ordinance restricted
lawn maintenance only.
Mayor Droste reviewed the upcoming meetings.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 19, 2003
Mayor Droste and City Council unanimously adjourned the regular meeting at 9:16 p.m.
Respectfully submitted,
Linda Jentink, City Clerk
Recording Secretary
The City Council Agenda Packet is Clerk's File 2003 -30.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
SEPTEMBER 2, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, September 2, 2003, at 7:30 p.m. in the Council Chambers at City Hall,
2875 145 Street West.
Mayor Droste called the meeting, to order with Council Members Shoe Corrigan, DeBettignies,
Riley, and Strayton present. Also present were City Administrator Verbrugge, City Attorney
LeFevere, City Engineer Brotzler, City Planner Pearson, Parks Recreation Director Schultz,
Police Chief Kalstabakken, and Finance Director May. The Pledge of Allegiance was said.
Mayor Droste called for any changes to the agenda. Staff reported that Item 8.a. Residential
Planned Unit Development and Rezoning for Centex Homes received additional information
from the developer which City Planner Pearson made comment in a memorandum. A letter was
received from Centex Homes regarding Item 7.a. Minea EAW, City Project 351. City
Administrator Verbrugge requested a Closed Executive Session to discuss pending litigation
related to special assessment appeals. Mayor Droste placed that at the end of the meeting. Staff
also requested that Item 6.f. Receive Bids'Award Contract for Biscayne Pointe 5` Addition
Street Utility Improvements, City Project 367 be removed from the agenda for future
consideration. Mayor Droste moved to accept the agenda as amended. Second by Strayton. Ayes:
Five. Nays: None. The agenda was set.
Response to Public Comment: Asbury Glen Pond
Mayor Droste noted that City Council would like to examine the information staff provided
about the Asbury Glen Pond at a work session. Council will respond at a future meeting.
Consent .Agenda
Council Member DeBettignies noted the removal of Item 6.f. Receive Bids /Award Contract for
Biscayne Pointe 5` Addition Street Utility Improvements, City Project 367.
MOTION by DeBettignies to approve the Consent Agenda Items a. through n. with the removal
of Item 6.f. Second by Riley. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton.
Nays: None. Motion carried.
a. Minutes of August 19, 2003 Regular City Council Meeting
b. Minutes of August 9, 2003 Special Meeting
c. Minutes of August 19, 2003 Special Meeting
d. Bills Listing
e. Expenditure Approval from Donation Account for Parks Recreation Department
E i h Addition Street Utility
Improvcnments, City Project /1367
g. Change Order #1 Bloomfield Vineyards, City Project #368
h. Change Order #1 Evennoor Roundstone, City Project #361
1.
Payment #9 Final Evennoor Glendalough Street Utility Improvements, City
Project #347
j. Authorize Agreement for Chippendale /CSAH 42 Improvements with Dakota County
k. Joint Powers Agreement for Dakota County Domestic Preparedness
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
SEPTEMBER 2, 2003
I. Memorandum of Agreement to Study Public Safety Communication Services in Dakota
County
m. Metro Classic Homes Conditional Use Permit
n. Receive Bids /Award Contract Chippendale /CSAH 42 Improvements, City Project #344
Minea E.AW, City Project 351
City Engineer Brotzler noted that this item had been continued from the August 19, 2003 regular
City Council meeting. Staff has obtained additional information on the greenway corridor
designation by Dakota County, Department of Natural Resources (DNR) comments, and the
results of diggings for a dump site on the property Braun Intertec conducted the testing which
included fifteen ten foot deep pits dug with a backhoe. No soil staining was identified and no
odors were detected. Developer Steve Ach noted that the testing was not done on the railroad
right-of-way. Dakota County staff explained that the greenway corridor does not exist on this
property, but the County noted that this is an opportunity for the development of a greenway
corridor between UMore Park property and northern Rosemount. There is a protected wetland on
the property that has a 150 foot buffer area. The proposed construction of a path and dock within
the protected wetland does require a permit. City Council was satisfied with these responses
combined with the information received at the August 19` meeting.
MOTION by Shoe Corrigan to adopt A RESOLUTION ISSUING A NEGATIVE
DECLARATION OF NEED. Second by Riley. Ayes: Shoe Corrigan, Droste, Riley, Strayton,
DeBettigmies. Nays: None. Motion carried.
Residential Planned Unit Development and Rezoning Centex Homes
City Planner Pearson reviewed the proposal for a Residential Mixed -Use Planned Unit
Development by Centex Homes on the property of Craig Minea and Patricia Kavorius. This
would include four housing types with a total of 385 units. There would be 155 single family
homes, 60 row- houses, 58 "Carriage" houses, and 112 "Georgetown" homes. Private public
open space of about fifty acres is proposed and a public park of eight acres. Staff presented a
resolution with sixteen conditions. The Planning Commission found the variance requests
acceptable except for the smaller sized garages. Discussion was held regarding the variances for
ponding setbacks and the high water mark around the DNR protected wetland. Three lots would
be affected, but there was additional open space left on the west side of the wetland that would
off -set that variance. The DNR reported they would not contest the variance. Discussion was
held on having lot lines extend back through the wetland with monumentation (markers) placed
at the 75 -foot conservation easement. Residents would have to be educated about not being able
to erect out buildings or playground equipment past that line. The process of averaging the
setbacks was used because of the preserved open space behind Tots 45, 46, 47 and 48. Council
Member Shoe- Corrigan was not comfortable with averaging the setbacks. Shoe- Con'igan asked
of the developer what the City would gain by this concession of averaging setbacks. Discussion
followed if the conservation easement should begin at 75 feet or 150 feet. Council felt that a
work session was needed to reexamine the information. Council Member Stravton asked for the
percentage of housing mix and how this development affects that. Pearson noted that this would
bring Rosemount's housing mix to 65% for single family housing and 35% for multi- family
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
SEPTEMBER 2, 2003
housing. The City's goal is 65% single family housing. The City has sixty days to examine the
PUD. The sixty days begins when the EAW is approved, which was done this evening. The
Developer was directed to provide additional detail of housing elevations.
MOTION by Shoe Corrigan to table the preliminary plat for the Centex Homes Planned Unit
Development and Rezoning to be revisited at the September 16, 2003, regular City Council
meeting. Second by Riley. Ayes: Droste, Riley. Strayton, DeBettignies, Shoe Corrigan. Nays:
None. Nlotion carried.
Resolution Setting 2004 Preliminary Levy and Budget Hearing Dates
Finance Director May reviewed the process used to adopt a levy for 2004 and set the hearing
dates required under truth in taxation laws. The State has cut funding to Rosemount in the
amount of 5752,000 for this year and also for next year. The City can recoup none of this in 2003
and about $460,000 of this loss in 2004. The City's projected general operating budget for 2004
has the lowest increase ever of 1.88 This should not impact any city services. The levy will
increase 7.63%. Because of our growth, the City's share of the property tax rate is expected to
decrease by about 8.35 These city issues affect only a portion of the resident's property taxes,
because the school district and county property taxes may also change. Residents will receive
their taxation notices in early November from Dakota County.
City Administrator Verbrugge noted that the City carries excess funds to continue a positive cash
flow and to maintain a healthy credit rating (currently an A -1), and for unexpected expenditures.
The proposed 2004 levy and budget should keep the City in a good financial position. Staff will
continue to prioritize spending and keep building for the future. Finance Director May noted that
the proposed levy. due to State regulations, could only be decreased from this requested amount
and not increased before the final levy goes to Dakota County. DeBettignies pointed out that the
City has three employee bargaining units left to settle with by December 31.
The Public Hearing dates being proposed are Monday, December i 2003, at 6:30 p.m. and if
there is not enough time to respond to all those attending. it can be continued to Monday,
December 8 2003. at 6:30 p.m. Following public comment, the City Council and staff have
time to adjust the budget and levy for the final draft to be presented to Dakota County no later
than December 31'
MOTION by DeBettignies to adopt A RESOLUTION SETTING THE PRELIMINARY
2004 GENERAL FUND OPERATING BUDGET, THE PRELIMINARY 2004 C.I.P.
BUDGETS, THE PRELIMINARY 2004 INSURANCE BUDGET AND THE
PRELIMINARY 2004 LEVY AND BUDGET HEARING DATES REQUIRED BY THE
CITY OF ROSEMOUNT. Second by Shoe Corrigan. Ayes: Riley. Strayton, DeBettignies,
Shoe Corrigan, Droste. Nays: None. Motion carried.
Hiring of Community Development Director
City Administrator Verbrugge reviewed the selection process used for the Community
Development Director. Thirteen people were interviewed the first round and then three
applicants were asked to return for a second interview. Kim Lindquist, currently at the City of
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Announcements
Mayor Droste reviewed the up coming meetings.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
SEPTEMBER 2, 2003
Cottage Grove, was selected for the Community Development Director position. Kim has a
master's degree in urban and regional planning from the University of Wisconsin Madison and
was the Principal Planner for seven years at the City of Minnetonka. Staff requests that Lindquist
receive pay at the top of the scale based on her experience and qualifications. Lindquist is able to
begin her employment on Monday, September 29, 2003.
MOTION by Riley to adjust the salary range for the Community Development Director position
and approve the hiring of Kim Lindquist as Community Development Director. Second by
DeBettignies. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion
carried.
City Administrator Verbnugge suggested that the regular Port Authority meeting on September
10 be replaced with a special City Council meeting to jointly meet with the Parks Recreation
Commission and Planning Commission about the development review process.
MOTION by Mayor Droste to adjourn the meeting. Second by Strayton. Ayes: Five. Nays:
None.
City Attorney LeFevere requested that Council adjourn to Executive Session to discuss pending
litigation for law suites for special assessment appeals for the "corning soon site" and the Taco
Jolun site. This is closed due to attorney- client privilege and exempt from the open meeting law.
MOTION by Droste to rescind the adjourning motion. Second by DeBettignies. Ayes: Five.
Nays: None. Motion carried.
MOTION by Droste to adjourn to the Closed Executive Session. Second by DeBettignies. Ayes:
Five. Nays: None. Motion carried.
Respectfully submitted,
su
The City Council Agenda Packet is Clerk's File 2003 -32.
Linda Jentink, City Clerk
Recording Secretary
ROSE11MOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MINUTES
SEPTEMBER 10, 2003
Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on
September 10. at 6:32 p.m. in the Council Chambers at City Hall.
Mayor Droste called the meeting to order with Council Members Riley, DeBettignies and
Strayton. Also in attendance were City Administrator Verbrugge, City Engineer Brotzler. Parks
Recreation Director Schultz, Engineer Dave Hutton with WSB Engineering and Recording
Secretary Domiden. Mayor Droste announced that Council Member Shoe-Corrigan will be in
shortly.
Asbury Glen Pond
City Engineer Brotzler apprised the Council that the memo and options that they had received
had also been sent to Mr. Eibner, his contact with the Asbury Glen Association. He went on to
explain that the Asbury Glen Pond is a stormwater pond and was put in with the Wensmann 6'
Addition to help with the drainage from that area. The problem which was brought to the City
by the Association was the erosion and undercutting within the pond. The Association is looking
for some help or direction on how to handle this problem. Brotzler reiterated the three options to
the situation:
Rip /Rap or Hard Armor $7,000 to $10,000 estimated to stabilize. This is what was
done to Wensmann Pond.
Native Vegetative Buffer $5,000 to $7,000 estimated to stabilize. This is good for new
ponds. The more root growth the better the stabilization on the side slopes.
Do nothing at all. City Staff would monitor the pond keeping an eye on the erosion.
The City did note that residents are doing routine mowing and grooming right down to the ponds
edge and this may be causing the erosion and undercutting of the pond side slope. The water
fountain, although esthetically pleasing, has a wave factor which may also contribute to the
erosion along with wind causing wave action.
The City sent a letter on May 27` encouraging the ceasing of regular maintenance down to the
pond edge; however this has not been complied with. If the City would do anything it would set
precedence and these residents have been maintaining this pond for the last ten years. The
residents actually own the pond; however the City has a drainage and utility easement over the
pond. if sometime the City would have to go in and maintain the pond because the pond wasn't
fulfilling its capability as a stormwater pond, it may have to remove the fountain.
Council Member DeBettignies asked about the workable components of the pond, such as where
the silting is going? Brotzler said it would have to be going into the pond. which shows evidence
of being clay lined. The City doesn't have a policy to clay line ponds, but it is an option that is
always looked at. A liner was used in the new Bloomfield pond.
Council Member Riley asked what the Normal Water Level (NWL) and High Water Level
(HWL) were in the Asbury Glen Pond. NWL 946' and HWL 952.08' The lowest building
elevation is at 956' so there is enough room for the pond to be effective and not dangerous to the
abutting properties.
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MINUTES
SEPTEMBER 10, 2003
Mayor Droste stated that Hawkins Pond wanted a clay lined pond so they would be assured of
water, however after the 100 -year storm a lift station was definitely needed and also spending
money on vegetation was needed.
The Association maintains the common area which includes the pond. Jerry Eibner of the
Association carne to the table to address the Council on the behalf the residents.
Council Member Shoe Corrigan asked if 25' was a standard buffer, but was informed that there
isn't a standard buffer, it varies from pond to pond. Council Member Strayton wondered how far
up erosion has to go before it impacts the City's flow. The erosion has only hacked up inches by
the undercutting and the storttnater system is working perfectly. This pond was installed in
1994.
Mr. Eibner detailed the history of the pond from the extra money the residents had to pay for
living on the pond to the function, bounce and water quality. Some of the retaining walls that
were put up are at a 45° slope, but are in no danger of water going over then[. The residents
pride themselves on the entrance to their addition, the clearness and cleanliness of the pond. He
believes this pond must be spring fed from somewhere because fish (even goldfish) live in it year
round. Speaking for the Association, if Option #1 wasn't selected then they would opt for
number 3 and leave it as it is. He also felt that 2' -3' of rip /rap would suffice instead of the 5'
that was proposed. He also felt the native grass would take a good 2 -3 years to take and the
deterioration needs fixed now.
Council Member Riley asked Staff where the 5' cover came from. It was to generate an
estimate, but would be necessary to have rip /rap under the surface as well as above so it doesn't
wash away.
The main question was who was going to pay for the repairs if they happen. All the Council was
receptive to partnering with the Association to get the job done. They would definitely help
coordinate the project; however the funds would have to come from the Association.
City Engineer Brotzler apprised the Council that he had had a conversation with Kelly Murray
from Wensmann Properties and she did tell him that Wensmann would probably be able to
participate in the cost by donating a 51,000. Brotzler also said another way to fund the project
would be through a special assessment if that was the way Council or residents wanted to go.
Council Member DeBettignies informed the residents about a program through the State of
Minnesota that protects property owners of new construction, even as old as 9 years. Perhaps
this would be worth their time looking into.
Council Member Riley wanted the residents to remember if the pond is City-owned the City
would be able to take out the water fountain if they needed to in order to let the surrounding area
go back to its natural state.
Council did come to an understanding after a brief discussion on whose responsibility it should
be to undertake the restoration of the ponds edge. Staff was directed to work with Wensmann
Hones and the Homeowners Association to see if some conclusion could come to this
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MINUTES
SEPTEMBER 10, 2003
problem /project. Residents again stated that they'd rather see nothing at all done than to have
the native vegetation put in. They feel the pond is an attribute to their properties and enjoy the
clean look.
City Engineer Brotzler, a representative from Wensmann and Mr. Eibner will meet to discuss a
course of action.
Mayor Droste did state nothing would probably happen until next year and everyone appeared to
be in agreement.
Community Events
Park and Recreation Director Schultz was in attendance to discuss how community events are
organized. Also, the determination of what was a City event or not in respect to Halloween,
Share the Spirit, Shamrock Awards and Leprechaun Days. All the above have committees for
organizing and putting the event on. Out of all the events, Leprechaun Days is the only event
that works with a contract.
The Council all agreed that we need structure to how many services these events acquire from
the City. All of these community events benefit the community.
Mayor Droste felt the City should partner with non profit organizations to see that the events run
smoothly.
Maureen Geraghty Bouchard and John Loch were in attendance as two of the committee
members who help to organize and run the various organizations. The discussion with the
Council was mainly about what the Council wanted out of the different committees and how to
handle any funds taken in. A lot of the surrounding communities have regular registered
organizations with bylaws that handle the different community events.
Bouchard and Loch wanted to get direction from the City as to how they felt these events should
be organized.
Council went into a discussion regarding a 501C3, which is a registered non profit organization
that would be held accountable.
Mr. Loch mentioned that the different events listed all started as Chamber of Commerce events
when Rosemount had their own Chamber of Commerce. However since Northern Dakota
County formed the Chamber and Rosemount went into that, they aren't interested in sponsoring
the different events.
The ROSE (Rosemount Organized Special Events) Committee was looked at a number of years
ago by Joe Walsh. This committee was going to be set up to sponsor and run all the activities set
up for the City.
The Shamrock Award was organized by past recipients because they didn't want the recognition
of volunteers to be dropped. They felt this award is a nice way to reward people who have
volunteered their time and commitment to our community.
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Three things Council felt strongly about were:
1. Take politics out of events
2. Be clear on sponsorship of events
3. The financial obligation should be audited.
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MINUTES
SEPTEMBER 10, 2003
Council Member Strayton had to leave at 8:00 p.m.; however he felt it important that the rest of
the Council Members understood his position on community events. He felt the 501C3 and
bylaws should be encouraged.
With a 50I C3 there would be annual audits and the committee would be self insured.
Mr. Loch asked the Council if he thought there would need to be three different organizations or
if all the different events should be run under "The ROSE" and then have a director for each
event, w ith each event having a specified structure and bylaws?
Council directed Park Recreation Director Shultz, Ms. Geraghty- Bouchard and Mr. Loch to
get together and discuss the 501C3 more along with bylaws. A "Letter of Understanding" could
be done between the City and this organization.
The Jaycees are an organization and have operated very well. The Lakeville and Rosemount
Chapters have merged. Council discussed meeting with the local organizations to talk about
community events and how all can contribute. Mayor Droste and Council Member Riley will
volunteer to help represent the City with these organizations.
The Mayor called for a break from 8:17 p.m. to 8:25 p.m.
North Central Sanitary Sewer Project, City Project #375
The initial study for this project was started in 1997 by WSB Associates through the City's
existing City Engineer, Bud Osntundson. It covers the costs and options to extend sanitary sewer
north of County Road 38, east of Thank Highway 3 and west of Bacardi Avenue. There will be
some services by Akron Avenue. Staff would like to see this plan updated, identify alternatives
and cost, how it would affect undeveloped and developed properties, how it would be paid for
and the phasing plan for the improvements.
Dave Hutton from WSB Associates was on hand to speak with the Council to see what they
would expect out of the report. As of now this whole area has septic systems and several of the
systems that have problems or could have problems would have no alternative to fall back on.
All systems have to be pumped every two -years by a licensed pumper through the Pollution
Control Agency and have to submit a report to the City. If a system fails now and doesn't have
another area on the property to place a new system they would have to go to a mound system,
which is very costly.
This would be a multi funded project with the majority of the funding coming from assessments.
It would be a long term project and have to be implemented in phases.
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MINUTES
SEPTEMBER 10, 2003
Staff felt that once the scope of the project is agreed upon with Council, the update could be
brought back to Council in early January. Between now and March I" it would probably need
discussed between 2 -3 times.
All the Council agreed that communication with the residents is very important. When first
planning for this project a residential survey was talked about. This would be one means of
communication along with and update on the Web page. This project could take up to 10 -years
and hopefully systems won't have failed and contaminated the wetlands and water table in the
time it will take to complete.
Mr. Hutton was asked to bring the detailed scope and cost of the project back to the 2 Council
meeting in October.
Proposed Water Restriction Amendment
City Engineer Brotzler explained to Council that this item had been discussed at the Utility
Commission previously and all the Commission Members are in agreement that the restriction in
place now needs revised. Right now the landscaping /lawn maintenance is on odd /even days and
only enforceable by the Police Department as a misdemeanor.
This summer all of our wells have been running at the same time and the towers are still going
down. Water conservation could be the difference between a whole well if followed carefully.
The City's peak days every year are between 4 -5 million gallons of water.
Although Staff is recommending keeping the odd /even ban, it is also recommending a proposed
no watering everyday between noon to 6:00 p.m., using the water billing system to track
warnings and after the first warning a penalty would he processed through the quarterly water
bill. Council did feel the penalty structure stated in the summary was quite high and would like
to see it lowered a little bit. They looked at the City of Andover's structure and felt that was a
little more comparable.
Again all the Council agreed that education was a key factor in getting the point across. They
liked the signs that Eagan and Apple Valley have and felt that should be looked into.
Staff was given direction to look at reducing the penalties and refining the ordinance.
LAWCON Grant Letter and Sports Dome Lease
Parks and Recreation Director Schultz provided background on a proposal from Irish Dome LLC
and Independent School District #196 to construct an inflatable permanent sports dome on
property at Rosemount High School that is subject to a Land and Water Conservation Fund grant
received by the City over twenty years ago. The Conditional Use Permit application that was
submitted by Irish Donie LLC was incomplete.
City Administrator Verbrugge and Director Schultz met with the RHS Athletics Director, as well
as the City Attorney and School District attorney, to discuss the various dome issues. The major
issue is providing enough parking spaces. Schwartz Park would only provide 60 80 spaces,
where 80 -100 spaces would be needed. It still hasn't been decided if the Parks parking lot
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MINUTES
SEPTEMBER 10, 2003
should be allowed as the primary parking area for this facility. It could significantly cut into the
parking area for park users.
The School District would like the City to send a letter to the DNR seeking approval to lease
LAWCON land for the Dome. Within the Council packet there was a draft letter the School
District was suggesting the City send regarding the lease of the land. The City Attorney didn't
feel the City needed to be part of this lease.
City Administrator Verbrugge assured the Council that any letter that would go to the DNR
would be revised to address the City's issues and also have the City Attorney's input. After that
the City would deal with the Conditional Use Pennit when the new application comes back in.
Dakota County Farmland Natural Area Program
Park Recreation Director Schultz went over his Executive Summary to the Council regarding
the protection of farmland through voluntary sale of conservation easements from willing
property owners. Two properties in Rosemount that could be placed into this program are the
Aina Wiklund 25 -acre parcel and the McMenomy 60 -acre parcel. Both property owners have
shown interest in the program.
The McMenomy property is a little harder to deal with because it is owned by four siblings and
to get all four together and make a decision is starting to be trying. Three of the four did say they
were going to have the property appraised and once the appraisal is completed Staff would like
to sit down and meet to discuss their appraisal.
The City needs to do a "Resolution of Support" for the preservation of the Wiklund property.
The City has also been asked to write a letter of support for an open space project in Inver Grove
Heights helping connect the Northern Dakota County Greenway Corridor.
Resident Comments
City Engineer Brotzler went over the memo sent to Council responding to resident comment
about a crosswalk on Chippendale Avenue across from the Senior Condo's. .A crosswalk at this
particular location is not recommended, however a Change Order was processed to place
sidewalk along the east side of Chippendale from 153 Street to Carrousel Way. The portion
from CSAH 42 to Carrousel was already included in the contract for the Chippendale /CSAH 42
project. The newer portion cost will be recuperated when the property develops.
Downtown Redevelopment Process
City Administrator Verbrugge added this to the agenda. Verbrugge suggested that the City
Council and Planning Commission would benefit from an educational session related to Tax
Increment Financing (TIF) and redevelopment. Mark Ruff from Ehlers Associates would be
available to schedule an evening meeting when Ehlers could present a Redevelopment 101
session.
Administrator Verbrugge will schedule something for the end of October.
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MINUTES
SEPTEMBER 10, 2003
Minea Property
City Administrator Verbrugge updated the Council on the Minea property. Most of the issues
have been hammered out.
County Road 38 Cash Deposit
Setback variance
Architectural review residential (standard)
Connemara Trail west of the area
City Park parking lot
Info on elevations and building types
More density trade off 60% multi- family and 40% single family
Interim Ordinance
City Administrator Verbrugge said that Mike Jerry Herman have approached the City about
expanding the interior of Shenanigan's in the downtown area. He also informed the Council that
the Rosemount American Legion is going on the market. There are also other properties in the
downtown area that may be considering improvement.
Verbrugge suggested that some of the development or reinvestment occurring might not be in the
best interests of the City as it plans for possible redevelopment of the downtown area. One tool
available to the City is adoption of an interim ordinance, or moratorium, to prohibit development
while the City conducts land use planning studies. Council directed staff to have City Attorney
LeFevere draft language for consideration.
Dumpster Enclosures
Several staff and Council members have visited with the owner of TOPS Pizza regarding
dumpster enclosures. There also has been concern expressed by downtown business owners
regarding this issue. The City does have an ordinance requiring all businesses to have their
garbage in enclosed areas with their dumpsters. This ordinance has been on the books for 15
years and is now being enforced. Council thought there was going to be some leniency toward
businesses until the Downtown Redevelopment Committee has concluded its work
Staff will issue a letter to downtown businesses that extends compliance until next year after the
Committee has completed its work. Other businesses will still be required to comply by the end
of September.
Project 540 Kids
Council members expressed support to have student participation on the Parks Recreation
Commission and the Planning Commission. Although this would not be a voting position,
otherwise Bylaws would have to be amended; this would be a mentoring type program. Council
Member Shoe Conigan will contact Doctor Scott and obtain two civic minded young adults.
Council members also mentioned a student who may be interested in helping with the City Web
page.
Announcements
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Kim Lindquist, the new Community Development Director, and Dawn Weitzel, the new Human
Resource'Comniunications Coordinator, will be starting September 29, 2003.
Monday, September 15, 2003 there will be a Parks Recreation Work Session regarding the
athletic facilities in Rosemount. RAAA traveling and in -house have been invited to attend.
The parking lot for the park, tower and fire station on the Minea property was negotiated by the
City Engineer.
On Tuesday, September 16, 2003, instead of a Port Authority meeting there will be a joint
meeting with the Council, Planning Commission and Parks Recreation Commission to discuss
the City's development review process and suggestions that staff is proposing to improve the
process.
Farmers Market will end next week.
Library Committee will meet September 15, 1003 to discuss the County budget issues and how
that may affect the timing of a library in Rosemount.
Mayor Droste adjourned the meeting at 10:24 p.m. with all in favor.
The City Council Agenda packet is Clerk's File 2003 -33.
ROSEMMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE MINUTES
SEPTEMBER 10, 2003
Respectfully submitted,
2 L
Cindy Domiden
Recording Secretary
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ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
SEPTEMBER 16, 2003
Pursuant to due call and notice thereof, a special joint meeting of the Rosemount City Council,
Planning Commission and Parks and Recreation Commission was duly held on Tuesday,
September 16, 2003, at 6:00 p.m. in the Council Chambers at City Hall, 2875 145` Street West.
The purpose of the meeting was to discuss the development review process.
Mayor Droste called the meeting to order with Council Members Shoe Corrigan, DeBettignies,
and Strayton present. Commissioners present from the Planning Commission and Parks
Recreation Commission were: Myron Napper, Terry Zum, Jason Messner, David Anderson,
Jeffery Weisensel (Planting) and Phillip Siemer, Steve Wilson, (P &R). City Staff present were
City Administrator Verbrugge, City Planner Pearson, City Engineer Brotzler and Parks
Recreation Director Schultz.
Mayor Droste thanked everyone for their hard work and continued efforts to serve the citizens of
Rosemount. Droste had received a letter from residents Jack and Marge Ryan stating they watch
Rosemount City Council and Planning Commission on cable television. They reported that the
City maintains a very professional quality to the meetings and that they are doing a good job.
Droste encouraged Council, Commissioners, and staff to keep up the good work.
City Administrator Verbrugge started the discussion reviewing the present development review
process and presenting ways to streamline the process. Verbrugge said it is important to keep the
process user friendly and allow staff time to review the best information. City Planner Pearson
noted that the schedule is built around the 60 -day law which requires the request to be processed
within the sixty days or be automatically approved. Planning Commission has had several long
meetings because of public hearings. This new schedule should improve that by combining all
development reviews to the second Planning meeting and holding all resident variance requests
to the first monthly Planning meeting. This will also send a message to the developers that it
would take longer to do any plan revisions. Staff will also gain more time to do thorough design
standard reviews. Verbrugge said that staff sometimes has only 24 hours to turn-around revisions
that would go to City Council and sometimes they are not complete. It is a fear of staff that they
might potentially miss an engineering design flaw. This will also keep items off the agenda if
they are not ready to he acted on. The Planning meeting could start earlier to accommodate more
items but Staff suggested this be considered after a trial period.
Staff would like to implement this schedule starting this month. There will be a transition period.
This is a policy change, but staff will check into if it needs to be accepted by City Council in the
form of a resolution or not.
The floor was opened to infonnal discussion and updates by Staff and City Council. Weekly
Updates are now distributed to all commissioners. The commissioners liked the e -mail up -dates
because of less paper to handle. The commissioners were advised to forward reporter inquires to
City Hall for responses. If you do respond to a reporter's question qualify it with "i am just one
person. you should also talk with city staff" Remember to respect developers who are in the
planning stages and don't want their company's name divulged. Planning Commissioner
Messner requested that older neighborhoods have their zoning requirements modified to prevent
so many residential variances.
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Mayor Droste unanimously adjourned the special meeting at 7:21 p.m.
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -34.
ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
SEPTEMBER 16, 2003
Linda Jentink, City Clerk
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
SEPTEMBER 16, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, September 16. 2003. at 7:30 p.m. in the Council Chambers at City Hall,
2875 145' Street West.
Mayor Droste called the meeting to order with Council Members Shoe Corrigan, DeBettignies,
and Strayton present. Also present were City .Administrator Verbrugge, City Attorney LeFevere,
City Engineer Brotzler, City Planner Pearson, and Parks Recreation Director Schultz. The
Pledge of Allegiance was said. There were no changes to the agenda.
Public Comment
Gene Stiles. 3515 147' Street West, requested that work on his drainage issue in his backyard be
stopped. Stiles did not agree with the statement he was asked to sign off on for the work. City
Engineer Brotzler indicated he understood Stiles' wishes and would request further discussion.
Stiles reported on the court case he had for a driveway parking issue. Stiles would like to address
the whole problem with his drainage and not just have a temporary fix.
Stiles additionally wanted to lodge a formal complaint against the Code Enforcement Officer.
Stiles reported that he felt harassed by the officer and felt he was investigated to the extreme.
Stiles stated that if the driveway was paved it would add to his drainage problem. He has lived
with the threat of a 90 -day jail tens or a S1000 fine since May. Stiles felt he was targeted
unfairly and he noted he had never received any complaints from his neighbors. Council
requested a staff report on this.
Recognition of Bay Bay Transfer Company, Inc.
The owners of Bay Bay Transfer Company, Inc., David and Lois Anderson, were present to
receive a certificate of recognition for the 2003 Entrepreneur of the Year award for the
Minnesota and Dakotas region. The presenter of this award is the Twin Cities Business Monthly
Magazine. Bay Bay has been a freight operation in Rosemount since 1999 and is located at
3686 East 140' Street. Mr. and Mrs. Anderson thanked City Council and City Staff for this
recognition and help in becoming active members of the community as they grow.
Consent Agenda
MOTION by DeBettignies to approve all the Consent Agenda items, a. through j. Second by
Strayton. Ayes: DeBettignies, Shoe Corrigan, Droste, Strayton. Nays: None. Motion carried.
a. Minutes of September 2, 2003 Regular City Council Meeting
b. Minutes of August 13, 2003 Committee of the Whole
c. Minutes of Various Special Meetings
d. Bills Listing
e. Expenditure of Donation for Parks Recreation Department
f. Resolution of Support for Permanent Preservation of Wiklund Property
g. Declaration of Surplus Property
h. Receive Bids /Award Contract Biscayne Pointe 5' Street Utility Improve, C.P.367
i. Change Order tit Chippendale%CS.AH 42 Improvements, City Project 344
j. Authorize Preparations of Feasibility Report 2004 Street and Utility Reconstruction,
City Project 376
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
SEPTEMBER 16, 2003
Residential Planned Unit Development and Rezoning for Centex Homes
City Planner Pearson reviewed the proposal for a Residential Mixed -Use Planned Unit
Development (PUD) by Centex Homes on the property of Craig Minea and Patricia Kavorius.
This would include four housing types with a total of 385 units. There would be 155 single
family homes. 60 row houses, 58 "Carriage" houses, and 112 "Georgetown' homes. The open
space amounts to 30% of the site. The original farmstead location provides a tree buffer around
the DNR pond. City Council at the last regular meeting had discussed several issues regarding
the conditions required with the approval of this PUD. The developer also requested additional
details within the conditions. These changes were addressed with the revised resolution. Upon
review, Council requested the 558 square footage minimum for garages be included in condition
5.d. Mayor Droste mentioned he appreciated the memo regarding County Road 38 regarding
Dakota County. Council Member Shoe- Corrigan noted she appreciated the drawings and would
look forward to additional detail of the elevations. Steve Ach of Centex and his architect
presented three different elevations which provided many variations. Ach noted the same plan
would not be repeated and there would be 21 different floor plans. The average square footage is
2600 with gable treatments, masonry columns, porches, and the garages set back from the home
front line for some models. Pearson pointed out that some information is included in exhibits
attached to the PUD. Pearson reminded City Council that they will review this development
again before the final plat is approved and that the variances regarding wetland setbacks are
applied to two lots rather than "averaging" the setbacks.
MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE PRELIMINARY
PLAT FOR CENTEX/MINEA PROPERTY subject to conditions with a change to 5.d. adding
language for the 358 square foot minimum garage size. Second by Strayton. Ayes: Shoe
Conigan, Droste. Strayton, DeBettignies. Nays: None. Motion carried.
MOTION by DeBettignies to adopt AN ORDINANCE rezoning the Vineyards Homes lots
5,6,7,8, Block 4 and Lots 53, 54, 55, 56, 58, 59, Block 5 and Lots 34, 35, 36. 37, 40, and 42,
Block 1. and Blocks 8, 9, 10. 11, 12, 13, 14. 15, 16, and Lot 1, Block 17 to R -2, Moderate
Density Residential. Second by Strayton. Ayes: Droste, Strayton, DeBettignies, Shoe Corrigan.
Nays: None. Motion carried.
MOTION by DeBettignies to adopt AN ORDINANCE rezoning Lots 2, 3, Block 17 and Block
18 to R -3. Medium density Residential. Second by Strayton. Ayes: Strayton, DeBettignies,
Shoe Corrigan, Droste, Strayton. Nays: None. Motion carried.
Zoning Text Amendment to BP -4 Business Park District
City Planner Pearson received an application for rezoning for the Community of Hope Lutheran
Church. The B -1 zoning does not provide for churches. Community of Hope Lutheran Church
wishes to have a building that can be reconverted for business use after they have outgrown it.
This location would be a phase in the growth of their membership. Pearson sited similar
situations in neighboring communities. Staff suggested including churches in the B -4 allowable
uses, enabling Hope Lutheran to build in this location. Council Member Strayton noted that right
now all B -4 zoning is multiple residential housing and a church would seem to be an appropriate
addition. Pastor Nilsen spoke in favor of this creative way to house 450 people per week. One
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
SEPTEMBER 16, 2003
example of this is River Valley Church in Apple Valley that utilizes an office- warehouse-
showroom type of building north of CSAH 42 near Pilot Knob Road.
MOTION by Strayton to adopt AN ORDINANCE amending the BP -4 Zoning District to
include churches and places of worship as a conditional use. Second by DeBettignies. Ayes:
DeBettignies, Shoe- Corrigan, Droste, Strayton. Nays: None. Motion carried.
Announcements
Mayor Droste reviewed the up- coming meetings noting the first meeting of the Downtown
Redevelopment Committee on September 18 at 7 p.ni. and the Open House for the Downtown
Redevelopment October 2 at the Community Center from 5 p.m. to 7 p.m. The Downtown
Redevelopment Committee will host a tour of completed downtown redevelopment projects in
the metro area on October 4' at 9:00 a.m.
City Administrator Verbrugge requested that Council check their calendars for a special meeting
to be held on October 14 at 6 p.m. for the Key Financial Strategies process discussion and let
him know if they can attend.
MOTION by Mayor Droste to adjourn the meeting at 8:13 p.m. Second by Strayton. Ayes:
Four. Nays: None. Motion carried.
The City Council Agenda Packet is Clerk's File 2003 -35.
Respectfully submitted,
Linda Jentink, City Clerk
Recording Secretary
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 7, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, October 7, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145 Street West.
Mayor Droste called the meeting to order with Council Members Strayton, Shoe Corrigan,
DeBettignies, and Riley present. Also present were City Administrator Verbrugge, City
Attorney LeFevere, City Engineer Brotzler, City Planner Pearson, Community Development
Director Lindquist, Parks Recreation Director Schultz, Police Chief Kalstabakken. and
Finance Director May. The Pledge of Allegiance was said.
A letter from Dakota County Engineer Mark Krebsbach was provided for Item 6.n. Consider
Resolution Requesting Mn1DOT Cooperative Agreement. It indicated the County's support of
turn lanes and traffic lights at County Road 38 and Highway 3. A letter to describe the IRISH
Dome project and the need to use a site which had received funding from L&WCF grants was
included for Item 6 aa. Request for .Amendment to LAWCON Grant to Build a Public Facility.
And, City Attorney LeFevere recommended adding a condition to the resolution for Progress
Land Company/ Rosewood Village Preliminary Plat for Detached Townhomes, Item 8.a. Mayor
Droste moved to accept the agenda as presented. Second by Riley. Ayes: Five. Nays: None. The
agenda was set.
Response to Public Comment: Stiles Drainage Issue at 3515 147 Street West
Mayor Droste noted that staff provided a memo to City Council outlining what has taken place to
this point. NIr. Stiles requested that no work be done in his backyard at this time. His storm
sewer modification has been deleted from the Chippendale Avenue/ CSAH 42 project.
Police Officer Oath of Office Henry Cho
Police Chief Kalstabakken introduced Police Officer Henry Cho. Cho was chosen from 100
applicants for the position. He obtained his police training at Inver Hills Community College and
plans to continue his education at Concordia College. Cho worked security at the Mall of
America and was a Community Service Officer for Eagan for two years. Kalstabakken explained
that Mr. Wang Cho, Henry's father, would pin on the Police badge that was a symbol of trust,
confidence, and authority to be used to benefit the community of Rosemount. Mayor Droste
administered the Oath of Office. Cho was congratulated by his many friends and fancily in the
audience as w ell as the City Council Members.
Fire Department Open House
City Administrator Verbrugge announced the Open House to be held at the Rosemount Fire
Station on Sunday, October 12 between noon and 4:00 p.m. This is a wonderful outreach to
educate families about safety issues. There will be many demonstrations including: Life Link
Helicopter Demonstration, Jaws of Life extrication, Coastguard Officer providing boat safety
information, power line and gas line safety provided by Xcel and Minnegasco utilities, and fire
equipment demonstrations. Verbrugge encouraged participation of the community and thanked
the firefighters for all their efforts.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 7, 2003
Consent Agenda
Council Member Strayton requested discussion on Item 6.z. Approve Amendments to SKB
Agreement.
MOTION by DeBettignies to approve the Consent Agenda removing Item 6.z.for discussion and
acknowledging the additional information presented for items 6.n. and 6.aa. Second by Riley.
Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried.
a. Minutes of September 16, 2003 Regular City Council
b. Minutes of September 10, 2003 Committee of the Whole
c. Minutes of September 16. 2003 Special Joint Meeting
d. Minutes of May 21, 2003 Special Meeting
e. Bills Listing
f. Budget Amendments for Donations
g. Budget Amendments for State Aids Project
h. Temporary On -Sale Liquor License for Dakota County Technical College
i. Meeting Date Change for City Council Meeting
j. Authorize Preparation of North Central Sanitary Sewer Update C.P. 375
k. Authorize Preparation of Plans Specifications for Rosewood Townhomes, City Project #378
1. Declare Costs /Set Public Hearing Connemara Trail. Phase 2 Assessments. City Project 343
m. Declare Costs /Set Public Hearing 160 Street Sanitary Sewer Assessments. City Project 365
n. Consider Resolution Requesting MN:DOT Cooperative Agreement
o. Authonze Preparation of Feasibility Report Minea Development, City Project 351
P. Payment #7 Final Bloomfield 4' Phase2 Street Utility Improvements, City Project 341
q. Payment #11 Final Evemtoor Drumcliffe Street Utility Improvements. City Project 348
r. Payment #2 Final -128 Street Drainage Improvements, City Project 356
s. Payment #5 Final Bloomfield 4 Phase 1 Street Utility Improvements, City Project 341
t. Rezoning Northwest Comer of Biscayne Avenue and 145 Street West
u. Payment #6 Final Eastside Watemtain Extension, City Project 320
v. Change Order Eastside Watennain Phase 2, City Project 345
w. Common Boundary Line Relocation for Uitdenhogerds
x. Fire Protection Agreements for 2004
y. Conditional Use Pemtit to Allow Concrete Production Danner
e. Approve Aim ndmcnt to SKB Agreement (removed for discussion)
aa. Request for Amendment to LAWCON Grant to Build a Public Facility
6.z. Approve Amendment to SKB Agreement
Council Member Strayton noted that he was not against the increased amount of dispersals, but
felt that the entire Trust Agreement should be reviewed before moving this forward. City
Attorney LeFevere explained that these funds are not discretionary funds for City use. Council
consensus was to bring this issue to a work session for re- examination.
MOTION by Riley to adopt A RESOLUTION APPROVING THE FOURTH
AMENDMENT TO SAFETY -KLEEN (ROSEMOUNT), INC., ROSEMOUNT
COMMUNITY TRUST [FORMERLY KNOW AS THE LAIDLAW ENVIRONMENTAL
SERVICES (ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST; ALSO
FORMERLY KNOWN AS THE USPCI, INC. ROSEMOUNT COMMUNITY TRUST[
UNDER TRUST AGREEMENT DATED NOVEMBER 19, 1992, AS AMENDED. Second
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Mayor Droste invited comments from the audience.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 7, 2003
by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley. Nays: Strayton. Motion
carried.
Progress Land Company Rosewood Village Preliminary Plat for Detached Townhomes
City Planner Pearson reviewed the Rosewood Village Preliminary Plat process. This phase of the
development concerns the townhomes proposed east and south of Greif Brothers Corporation,
between 145` Street and the Rosewood single family lots. These townhomes are similar to
Pulte's "Enclave." The density is much lower than maximum standards at 61 units. The site has
been difficult to deal with because of the rail spur behind Greif Brothers and ponding issues.
Mike Olson, Progress Land Company's Project Manager, reported that he had just learned of an
option to post a bond for the stonnwater utilities which he is willing to look into. City Attorney
LeFevere recommended that a condition be added to the resolution as follows: "The developer
will provide good title to downstream areas that are intended to provide ponding for surface
water runoff from the platted property." This was added as condition 9. in the resolution. The
City Council will have further opportunities to review or amend the plat for this development
even if the preliminary plat is approved now. Mr. Olson noted that their building schedule has
been pushed back and will likely begin in the spring of 2004. It was pointed out that the street
alignment next to the railroad spur is designed to be extended to the west in the event the railroad
spur is removed. This allows flexibility in the future.
MOTION by Riley to adopt A RESOLUTION with the addition of condition 9 APPROVING
THE PRELIMINARY PLAT FOR ROSEWOOD VILLAGE DETACHED
TOWNHOMES. Second by Strayton. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley,
Strayton. Nays: None. Motion carried.
Interim Ordinance for Downtown Development Area
City Administrator Verbrugge explained the City of Rosemount has begun a serious planning
effort to revitalize the downtown area. A Downtown Redevelopment Committee was formed and
they have begun their study of the area. in order to protect their planning and land use efforts
Verbrugge suggested prohibiting development or redevelopment that may not serve the long-
term goals of the community. A moratorium on building in the downtown area would help
minimize the pressure to make changes before the Committee's study is complete. The
recommended length of this moratorium is six months, expiring on April 30, 2004. Staff
believes the downtown area being considered would include the "Coming Soon Site" on Hwy 3
and CR 42 since it should have a consistent use with the new downtown plan.
Leo W. Lund owns the northwest corner parcel on Hwy 3 and CR 42 and has been discussing
with the City an interested buyer. Lund stated he is 74 years old and would like to be done with
this parcel. Lund is a general partner of Rosemount Properties Partnership. ALDI, the interested
buyer, has indicated they would be willing to put a monument up on the comer and comply with
any exterior designs that the Downtown Redevelopment Committee may request. Mr. Lund
submitted a letter to City Council requesting that they would remove this lot from the Downtown
Development Area moratorium.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 7, 2003
City Planner Pearson responded that ALDI already has a significant investment in the
Rosemount site. This would likely be a Planned Unit Development (PLTD) and would require
conditional approval allowing the City to input their desired design standards for the downtown.
Mike Herrmann, manager of Shenanigans. 14605 Robert Trail, has plans to remodel the interior
of his business and expand the customer space. His business is doing well, the parking lot is full
Thursday through Saturday. Hemnatm had planned to remodel in the winter so he would not lose
as much business since it is slower in the winter. Hemnann asked the City to continue to work
with his project so that when the moratorium is lifted. he could start his project. Herrmann asked
what the vision is for the downtown and if the City Council would exempt his property from the
moratorium?
Council Member Shoe Corrigan would consider conditional approval during the moratorium.
City Administer Verbrugge said that Shenanigans would need to alter their liquor license and
could do so conditional on the outcome of the Downtown Redevelopment Committee.
Verbrugge offered three options: 1) remove some parcels from the moratorium, 2) have no
exceptions, 3) modify the moratorium so that some selected parcels could have land use approval
during the moratorium but final approval subject to the outcome of the Committee. The third
choice would have some risk to the investor.
Mayor Droste wanted to give the Downtown Redevelopment Committee all the latitude it could
have. It needs to operate in order to complete its task. Droste was in favor of having no
exceptions to the moratoriums. Council Member DeBettignies asked some clarification questions.
City Attorney LeFevere noted that typically when a moratorium is in place there are no
exceptions simply because the landowner can spend a lot of money and time with plans that may
not be of any use. LeFevere advised that amendments can be made to the moratorium as time
goes on. This would litnit any expansions or changes of use to currant businesses as well.
Cosmetic or routine maintenance would be allowed.
Council Member Riley sympathetically stated that in the case of Mr. Lund, it really is just bad
timing. The City has worked on the downtown plan for several years and it must move forward.
Shoe Corrigan expressed concerns that the moratorium may need to be extended. Mayor Droste
said he was committed to the April 30 deadline. Shoe Corrigan said she did not include the
ALDI site in the Downtown Redevelopment area, rather that it would end at the Master
Transmission site on Hwy 3. Council Member Strayton said he was also committed to ending the
moratorium on April 30 and would like the Committee to be able to go through the whole
process. Strayton also said he did not want it to look like they are playing favorites by exempting
certain parcels and noted also that the timing for currant requests were had.
MOTION by DeBettignies to adopt AN ORDINANCE FOR PROTECTING THE
PLANNING PROCESS AND THE HEALTH, SAAFETY AND WELFARE OF THE
RESIDENTS OF THE CITY, PLACING A MORATORIUM ON DEVELOPMENT IN
CERTAIN AREAS, AS DESCRIBED, OF THE CITY OF ROSEMOUNT THROUGH
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 7, 2003
APRIL 30, 2004. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies. Nays: Shoe
Corrigan. Motion carried.
Announcements
Mayor Droste reviewed the up coming meetings. City Administrator Verbrugge noted the
attendance of the new Community Development Director Kim Lindquist. Mayor and Council
Members welcomed Kim. Verbrugge noted that the Library Committee will meet on Monday,
October 13 at 7 p.m. at the City Hall.
City Attorney LeFevere requested that Council adjourn to Executive Session to discuss pending
litigation. This is a closed meeting due to attorney- client privilege and exempt from the open
meeting law.
MOTION by Droste to adjourn to the Closed Executive Session. Second by DeBettignies. Ayes:
Five. Nays: None. Motion carried.
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -36.
5
Linda Jentink, City Clerk
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
OCTOBER 15, 2003
Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on
Wednesday. October 15, 2003 at 6:30 p.m. in the Council Chambers at City Hall.
Mayor Droste and Council Members Riley, Shoe Corrigan, and Strayton were present. Council
Member DeBettignies was out of town, but had presented some questions to the Mayor for
tonight's discussions. Also in attendance were City Administrator Verbrugge, Police Chief
Kalstabakken, Community Development Director Lindquist, Human Resource /Conununications
Coordinator Weitzel, Finance Director May, City Planner Pearson, and Parks Recreation
Director Schultz. Consultant Bret Weiss attended on behalf of WSB Associates. Mayor Droste
suggested rearranging the agenda to accommodate the audience. Consensus was to move items
regarding WSB Engineering Contract, 2004 Employee Insurance Renewal, and SKB Trust Fund
to the top of the agenda.
WSB Engineering Contract
City Administrator Vcrbrugge reported that the contract term for the city engineer was expiring.
The City has used WSB Associates, Inc. for engineering projects for many years and finds
them professional and thorough. WSB provides two full -time engineers to the City at an annual
cost of $30,000 plus project engineering costs. City Engineer Andrew Brotzler and Project
Engineer Anthony Aderhold currently hold those positions.
Bret Weiss stated that WSB was very committed to the City of Rosemount. WSB started with
just development projects but now it involves more management issues. Weiss asked for a three
year contract with a rate schedule increase on an annual basis to a maximum of 4°/ per year
through the length of the contract extension. The proposed contract would keep the annual
retainer at $30,000 per year. If something changes in the economy or a different goal surfaces
during this contract, WSB is willing to work with the City to find what is best for it. Weiss
expressed appreciation for the relationship with the City of Rosemount.
Finance Director May reported that the Utility Funds pays for 60% of the engineering contract
and 40% is paid from the General Fund. May also said that Brortler's responsibilities have
changed significantly in the last two years. Brotzler said that Project Engineer Aderhold does the
day to day management on projects which is necessary.
Mayor Droste directed discussion from City Council. Council Member Strayton asked about the
retainer and encouraged staff and WSB to continue discussions about the cost of the retainer,
considering the difficult financial position of the City in 2004.
2004 Employee Insurance Renewal
City Administrator Verbrugge reviewed the proposed 2004 insurance benefits package. The
current health insurance, Blue Cross Blue Shield's Double Gold was increased 20.9 For that
reason, program options that are within the Council directed cost structure are being reviewed.
Three options were discussed, with the preferred option being a VEBA deductible plan. VEBA
acts as a post retirement health savings account and can include a city contribution. This fund
would build in an account when medical expenses are low and then it could be drawn from for
medical expenses when an employee leaves the employment of the City. An employee can have
additional funds withdrawn from their paycheck if anticipating medical expenses within the
FLEX Plan. This gives an employee more responsibility to manage their health care expenses.
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
OCTOBER 15, 2003
This is a dramatic shift on insurance coverage which gives more control of health management to
the employee and provides a long-term strategic approach for the City to control future
escalating health premium costs.
Council Member Shoe Corrigan asked for the out -of- pocket expenses for employees. Finance
Director May said the City now pays full premiums for single and $671 for family per month.
Employees currently pay zero for single coverage and $207 for family coverage, and there is
currently a co -pay of $15. The City Council has agreed to increase contributions up to a 10%
increase. The preferred option, VEBA, would continue zero cost for single coverage employee
premiums and would decrease family coverage premiums paid by the employee to $203 per
month. The VEBA would encourage employees to use the flexible spending account to pay out-
of-pocket expenses up to the deductible of S1100 for single and $2200 for family. May said only
about a third of the employees are using the FLEX Plan now, so employees will have to plan
ahead and this may take more education for employees to understand their total health costs.
Mayor Droste asked about the 20.9% increase and about other plans. City Administrator
Verbrugge said that all of the other plans had an increase. May said the total amount budgeted
for insurance costs was $469,000 per year. The new plan expects utilization by employees to go
down; total funding includes premiums and VEBA contributions, so the City is staying within
the 10% cost structure agreed to by Council. Shoe Corrigan noted this health care crisis is
standard for the times, both the private sector and government. Mayor Droste said change is
difficult, but this is a possible solution.
SKB Trust Fund
City Administrator Verbrugge introduced this item relating to the SKB Trust Fund. Council had
asked for it to be discussed at a workshop following an earlier SKB request to increase the
annual distributions by the Trust Fund from $75,000 to $100,000. Finance Director May said the
City does not have control over these funds and it is not audited by the City. Neighboring
communities have landfills that have been able to utilize the use tax fee to lower their taxes;
Rosemount does not have that option due to the original establishment contract of the SKB Trust
Fund. May noted that this is not a guaranteed revenue and debt could not be issued against it.
Mayor Droste noted that a use fee is paid to the City of $3.75 per ton for ash and $2.75 per ton
for other materials. The County fee is $3.25 per ton of ash. The amount of ash received at SKB
has doubled in the last year changing the output of the revenues for this site. It is recorded that
two million more tons of ash were received last year. What is the city getting out of this? Droste
recommends more investments in facilities the public can use, such as senior centers, libraries,
and athletic complexes, to benefit everyone. If most of the fee revenue goes to student sports,
how much of a percentage of the public is that benefiting? There is an opportunity here to serve
the public.
Don Chapdelaine, a SKB Trustee, talked about the many benefits the Trust Fund has provided
through its distributions. John Donrke of SKB talked about host fee arrangements that landfill
operators in other communities have and suggested that SKB is providing much more to the
community.
Mayor Droste spoke about establishing an annuity that gives an earned interest each year to
provide annual distributions. This could be done by setting aside a couple million dollars that
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ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
OCTOBER 15, 2003
would be the principal amount which stays there forever. The Trust controls its contributions,
but whose money is that principal amount after SKB tills their landfill and discontinues using it?
Droste said he wants this in the public light. The City of Burnsville receives 51.00 per ton of
recycling for a water conservation program. Something like that could benefit residents for a
lifetime.
Mayor Droste suggested further communication with the Board of Trustees to negotiate a
solution by amendment to the Trust Agreement.
120' Street /City of Eagan
Community Development Director Lindquist reported that the City was notified by Eagan city
staff that a proposal for a subdivision adjoining 120` Street, Rosemount's northern boarder, has
been requested. Eagan asked the City's position on extending the road and expansion of water,
sewer, and sanitary sewer systems. This area is currently zoned for rural residential, but with the
road extended and sanitary sewer available, it may trigger landowners to consider selling to land
developers requesting urban development. At this time, staff is requesting direction from the
Council regarding the extension of 120 Street and whether they would entertain some urban
development in this part of town. Staff indicated that they would expect the developer to pay for
the entire road construction consistent with the current policy of the city standards.
Council's response was that they may consider the road extension but additional information is
necessary. They would also like to understand the extension of sanitary sewer and how that
would impact that area of the community; would it be possible to extend service to small lot
properties that have had failed systems. City Engineer Brotzler indicated that they will have
discussions with Eagan about that matter and will explore that as part of the North Central
Sanitary Sewer Study currently being conducted. Initially Eagan had not anticipated that the
service area would be as large as was shown in the 1997 Study. Council Member Shoe Corrigan
expressed concern over bringing sewer into rural areas of the community and perhaps forcing
rural properties to hook up to city services because of assessments needed to pay for public
utility extensions. Staff will continue to talk to Eagan about this issue and will monitor the
approval process occurring in Eagan.
2004 Budget
Finance Director May presented the 2004 budget. The preliminary budget and levy were
approved on September 2, 2003. Staff is continuing to review other revenue options to deal with
the State's LGA and MVHC cuts. Staff will bring back a final draft for discussion at the
November 12 work session. This will be the final discussion prior to the December I Truth-in-
Taxation hearing.
Amend Animal Control Ordinance
Police Chief Kalstabakken reviewed the amendments discussed in the past regarding the Animal
Control Ordinance. In August, a resident requested that the Council consider prohibitions on
electronic fences as an acceptable means to restrain dogs. The resident referenced Fort Worth,
Texas, which has adopted an ordinance that is very restrictive compared to Rosemount's
ordinance. Kalstabakken asked for direction from Council on the electronic fence issue and does
prohibit electronic fences as an acceptable means of dog restraint. Kalstahakken asked for
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ROSEIIIOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
OCTOBER 15, 2003
direction from Council on the electronic fence issue. After discussion, Council consensus was to
address animal control issues through existing language and not to prohibit electronic fences.
Discussion was also held regarding an amnesty period to register for prohibited wild animals
currently residing in Rosemount. Council consensus was not to include an amnesty period to
register prohibited animals. Certain animals have always been prohibited and will continue that
need to he prohibited under the proposed ordinance amendments. It was felt that violators of the
ordinance should not be allowed to register animals that were prohibited from being registered in
the City prior to the amendment.
UPDATES
Highway 52 /County Road 42 Update
City Planner Pearson reported that the highway corridors study for Highway 52, 55, and 42 has
developed a strategy that moves traffic safely while reducing traffic conflicts and accommodates
future growth. The study suggests a clover intersection at County Road 42 and US 52, leaving
the northwest quadrant vacant. Courthouse Boulevard would not have access to US 52. but
would follow a frontage road down to County Road 42 for access. S.E.H. Engineering is
preparing a Environmental Assessment to examine the impact of the clover design. Community
Development Director Lindquist noted staff had concerns about the potential local improvements
that may be necessary to carry out the Plan as anticipated by the County and State, particularly as
it relates to access and construction of frontage roads. Staff will continue to negotiate with
Dakota County and MnDOT to include acquisition and related local street improvements as part
of the highway upgrade project.
The meeting was adjourned at 10:30 p.m.
Respectfully submitted,
The City Council's Agenda Packet is Clerk's File 2003 -38.
City Administrator Verbrugge
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 21, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, October 21, 2003, at 7:30 p.m. in the Council Chambers at City Hall,
2875 145' Street West.
Mayor Droste called the meeting to order with Council Members Strayton, Shoe Corrigan,
DeBettignies. and Riley present. Also present were City Administrator Verbrugge, City
Attorney Vose, City Engineer Brotzler, City Planner Pearson, Community Development Director
Lindquist, and Police Chief Kalstabakken. The Pledge of Allegiance was said.
The agenda was amended to include Item 5b, Proclamation of Minnesota Manufacturing Week
and additional information was provided regarding Item 6h Contract for Engineering Services.
Northern Dakota County Chambers of Commerce Big Fun Event
City Administrator Verbnigge announced the Northern Dakota County Chambers of Commerce
is holding a fiutdraiser for the Chambers Charitable Foundation. The event will be held at
Mendakota Country Club on Friday, October 24, 2003 between 7:00 p.m. and midnight. The
proceeds from The Big Fun Event will go the NDC Charitable Foundation. This foundation
supports local business related community needs. The City of Rosemount put together a best of
Rosemount basket for the silent action. Mr. Verbntgge extended a thank you to the merchants
who contributed to the creation of this basket.
Kathy Karges, representing the Rosemount Steering Committee, distributed invitations to
Council Members and briefly recapped the events planned for The Big Fun Event.
Proclamation of Minnesota Manufacturing Week
Community Development Director Lindquist apprised the Council regarding the week of Oct 20-
24, 2003 as being designed by the Department of Employment and Economic Development as
Minnesota Manufacturing Week. This week recognizes manufacturing and the important role it
has in this state and the community of Rosemount.
MOTION by DeBettignies to approve the block proclamation of the Minnesota Manufactures
week from October 20 to October 24, 2003. Second by Riley. Ayes: DeBettignies, Shoe
Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried.
Consent Agenda
Council Member Riley requested discussion on Item 6.d. Authorize Preparation of Plans
Specifications for Connemara Trail Overpass, City Project #379.
MOTION by DeBettignies to approve the Consent Agenda with the removal Item 6.d. Second
by Riley with a friendly amendment with the modification of 6.h. The friendly amendment
accepted by Member DeBettignies. Ayes: Shoe Corrigan, Droste. Riley. Strayton and
DeBettignies. Nays: None. Motion carried.
a. Minutes of October 7, 2003 Regular City Council
b. Bills Listing
c. Receive Donation for Parks and Recreation Department
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 21, 2003
Project /t379 (removed for discussion)
e. Flint Hills Resources Simple Lot Division for 13020 Pine Bend Trail
f. Flint Hills Resources Simple Lot Division for 12131 Rich Valley Blvd
g. Community Development Block Grant Program
h. Approve Contract for Engineering Services
6.d Authorize Preparation of Plans Specifications for Connemara Trail Overpass, City
Project #379.
Council Member Riley questioned the possible need for a feasilibility report. City Engineer
Brotzler responded that this project was previously discussed as part of the Connemara Trail
alignment project approximately two years ago and was approved as part of the preliminary plat.
Mayor Droste expressed concern regarding the funding of the overpass for Connemara Trail.
Mr. Brotzler indicated Connemara Trail is on our collector system. It is part of our State aid
system and therefore the overpass is 100% eligible for state aid funds.
MOTION by Riley to adopt a resolution ordering the preparation of plans and specifications for
the Connemara Trail overpass, City Project #379. Second by Shoe Corrigan. Ayes: Droste,
Riley, Straylon. DeBettignies, and Shoe Corrigan Nays: None. Motion carried.
Amendment to City Code 3 -2B: Saunas Massage Parlors
Police Chief Kalstabakken presented a brief history of the City Ordinance that relates to saunas
and massage parlors. Mr. Kalstabakken indicated that massage therapy is now being looked at as
an acceptable practice and our ordinate that is in force needs to be re- written entirely if the City
Council wishes to allow massage therapy. The proposed amendment would require the therapist
to prove they had adequate training and education; that they would abide by all rules; and they
would administer the massage within the outlined manner as stated in the ordinance.
Discussion ensued regarding the location at which the message therapy be performed, trends in
surrounding communities, public safety, and exemptions from licensing for medical purposes.
Lynette Stauffer, 4012 133 Court West, expressed concern over limitations imposed by
mandating massage therapy be confined to one location.
After a lengthy discussion it was the consensus of the Council to allow massage therapy to be
performed at locations other than the location of the primary business as long as the licensed
massage therapist has a regular place of business located within Rosemount city limits.
Police Chief Kalstabakken indicated he would make revisions to this proposed ordinance as
requested and return it for council review for a second reading at the next meeting scheduled in
November.
Amendment to City Code 3 -8: Adult Use Establishments
Mr. Kalstabakken requested Council to consider amending City Code 3 -8, Adult Use
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 21, 2003
Establishments. The proposed changes broaden the definition of an adult use establishment. The
new language addresses businesses that may have employees performing duties topless or
otherwise nude. There were no other changes proposed to the ordinance.
This is the first reading of the ordinance amendments.
Residential Planned Unit Development (Final) Preliminary Plat for 14676 Dodd Blvd.
Mayor Droste recognized a statement received from Emily Relstad, who could not attend the
meeting. Ms. Relstad expressed concerns with drainage issues, the addition of the pond on the
back side of this property; and was upset by the entire process with regards to the notice given to
the residents as it moved through the planning process.
City Planner Pearson recapped the platting of the Utdenbogerd property. The property is 1.6
acres, has four proposed single family lots and is located in an already developed area. Delays in
the platting process occurred as a result of extended public hearing process involving
neighborhood continents, Planning Commission direction and plan revisions by the developer.
Discussion ensued regarding the proposed house orientation, comments from neighborhood
meetings, drainage to surrounding properties, proposed ponding area, homeowners possibly
altering the grade of their property, tree preservation, and association for maintenance of shared
driveways.
Mr. Brotzler anticipates the ponding area to be a dry pond that would not be holding water for
any extended period of tine. Easement rights would prevent property owners from altering
drainage and ponding design.
Mr. Ed McMenomy, representing Basic Builders, 14450 South Robert Trail, indicated they had
held a neighborhood meeting and addressed concerns from adjoining property owners.
McMenomy also indicated that upon sale of the property a joint easement will be filed with the
property therefore advising the new owners of their rights of access to the properties.
Beatrice Samas, 14709 Cimarron Avenue, expressed concern regarding the safety of the ponding
area for children, and the accessibility for fire trucks in the event of an occurrence.
Mr. Pearson responded the Fire Marshal reviewed the plat and stated the driveways will conform
to specifications and was comfortable with the design.
MOTION by Riley to adopt a resolution approving the Preliminary Plat PUD for
Uitdenhogerd Addition with conditions. Second by DeBettignies. Ayes: Riley, Strayton,
DeBettignies, Shoe Corrigan, and Droste. Nays: None. Motion carried.
Announcements
Haunted Woods will be Saturday from 6:00 to 8:30 p.m. at Central Park.
The Park Recreation Commission meeting will be held Monday October 27` at 7:00 p.m.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
OCTOBER 21, 2003
The Planning Commission meeting will be held Tuesday, October 28 at 6:30 p.m.
The next Port Authority will be at 6:00 p.m. and the City Council meeting will be 7:30 p.m. on
Monday November 1 2003.
MOTION by Droste to adjourn. Second by Strayton. Ayes: Five. Nays: None. Motion carried.
Respectfully submitted,
Maryann Stoffel
Recording Secretary
The City Council Agenda Packet is Clerk's File 2003 -39.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
NOV EM BER 3, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Monday, November 3, 2003, at 7:30 p.m. in the Council Chambers at City Hall.
2875 145 Street West. The meeting was moved from Tuesday to Monday because of a school
board election which prohibits public meetings between 6 o'clock and 8 o'clock.
Mayor Droste called the meeting to order with Council Members Riley, Strayton and Shoe
Corrigan present. Council Member DeBettignies was absent. Also present were City
Administrator Verbrugge, Attorney LeFevere, City Engineer Brotzler, Project Engineer
Aderhold, Community Development Director Lindquist, Parks and Recreation Director Schultz,
and Police Chief Kalstabakken. The Pledge of Allegiance was said.
Staff presented additional information for Items 6.k. Accept Resignation of Building Official,
Item 6. 1. Amendment of City Code 3 -2B: Saunas and Massage Parlors, and Item 7. Public
Hearing Assessment Hearing for Connemara Trail, Phase II Improvements. City Project 343.
Mayor Droste moved to accept the agenda with additions. Second by Shoe Corrigan. Ayes: Four.
Nays: None.
Consent Agenda
Mayor Droste noted that two items of additional information had been added to the Consent
Agenda, 6 k and 6.1. Council Member Strayton requested that Item 6.o. Approve 2004 hnsurance
Benefit Plan be pulled for discussion.
MOTION by Riley to approve the Consent Agenda with additional information added to Item
6.k. and 6.1., and. Item 6.o. Approve 2004 Insurance Benefit Plan was pulled for discussion.
Second by Strayton. Ayes: Strayton, Shoe Corrigan, Droste, Riley. Nays: None. Motion
carried.
a. Minutes of October 21, 2003 Regular City Council Meeting
b. Bills Listing
c. Receive Donations for Parks and Recreation
d. 2004 Dakota County Landfill Abatement
e. Cooperative Agreement with MNDOT for Snow Removal on Trunk Highway 3
f. Dakota County Mutual Aid Fire Services Agreement
g. Authorize Preparation of Plans Specifications Uitdenbogerd Addition, City Proj. 373
h. Authorize Eminent Domain Keegan Lake Outlet, City Project 343A
i. Receive Bids Award Contract for Keegan Lake Outlot, City Project 343A
j. Gambling Premises Permit Renewal for VFW
k. Accept Resignation of Building Official/Appoint Interim Building Official
1. Amendment of City Code 3 -2B: Saunas and Massage Parlors
m. Amendment of City Code 3 -8: Adult Use Establislmient
n. Set Public Hearing for Boeker Variance Appeal
o. Approve /0111 Insurance Benefit Plan
Item 6.o. Approve 2004 Insurance Benefit Plan
Council Member Strayton asked the City Administrator for feed back from the employees and
their involvement in the benefit package. City Administrator Verbntgge related the process that
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1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
NOVEMBER 3, 2003
the Labor Management Insurance Committee conducted. The Committee included employees
from the Teamsters, AFSCME, LELS (police officers) and non -union employees. The
Committee worked together with Blue Cross Blue Shield reviewing three options; 1)continue
with the currant plan, 2) an 80/20 plan, and 3) the recommended plan which has the City pay
100% of the monthly premiums for single coverage with an increased deductible. The employees
on the Committee have been helping to educate other employees on their options. There is some
uncertainty with employees because it is a new plan. Health insurance costs are escalating and
this method provides a cost conscious effort to control the budget and be sensitive to the needs
and financial impacts to the employees.
MOTION by Riley to approve the presented 2004 Employee Insurance Benefits Plan. Second by
Droste. Ayes: Shoe Corrigan, Droste. Riley, Strayton. Nays: None. Motion carved.
PUBLIC HEARING: Assessment Hearing for Connemara Trail, Phase II Improvements,
City Project 343
City Engineer Brotzler asked the City Clerk if proper notice was given. City Clerk Jentink replied
that the affidavits of published and mailed notice were on file. Brotzler noted that the assessment
roll was adjusted with the removal of the Heritage Development, $242,278 since that amount will
be paid by the developer; and St. Joseph's Church had made an agreement with Mr. Mrs.
Nelson to pay their assessment so it was combined, $766,139. Brotzler proceeded to give an
overview of the project which shall be completed by the end of November, 2003.
Mayor Droste opened the Public Hearing for comments. A Notice of Objection to Special
Assessment was received from Samuel H. Hertogs and Edward B. McMenomy for a parcel with
the identifying number of 34- 02010- 061 -60. The Notice of Objection was filed with the City
Clerk.
Mr. Reid Hansen, representing Hertogs and McMenomy, stated that they felt the assessments
were not uniformly applied. His clients wished to object to the assessment.
Brotzler noted that there is an assessment policy that is applied uniformly. Brotzler also stated
that in the past other means of funding were likely available. It is customary to have 100% of the
assessment paid by the developer or property owners. State Aid Projects (429) require that the
assessment be no greater than the market value increase. Those objecting to the assessment can
go through an appeal process which requires an appraisal of the property.
MOTION by Droste to close the Public Hearing for the Assessment Hearing for Comtemara
Trail, Phase II Improvements, City Project 343. Second by Riley. Ayes: Four. Nays: None.
Motion carried.
Discussion was held regarding city funds and state aid funds which are limited.
MOTION by Riley to adopt .4 RESOLUTION ADOPTING THE ASSESSMENT ROLL
FOR CONEMARA TRAIL, PHASE II IMPROVEMENTS, CITY PROJECT 343. Second
by Strayton.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
NOVEMBER 3, 2003
A friendly amendment was suggested to include the changes to the Assessment Roll. Motion
maker and second agreed to the friendly amendment.
MOTION by Riley to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL
FOR CONENIARA TRAIL, PHASE II IMPROVEMENTS, CITY PROJECT 343 with the
removal of the Heritage Development assessment from the Assessment Roll. Second by
Strayton. Ayes: Riley, Strayton, Shoe Corrigan, Droste. Nays: None. Motion carried.
PUBLIC HEARING: Assessment Hearing for 160 Street Sanitary Sewer Extension, City
Project 365
City Clerk Jentink reported that the Affidavits of published, posted, and mailed notice were on
file. City Engineer Brotzler noted that this project was initiated by petition of the land owners
and is l00% assessed over a five year period at an interest rate of 4.9063 Sanitary sewer was
extended to the new Dakota County facility on 160 Street in 2002 which made this project
possible. This project was a lateral extension of the sewer service. A second sewer service was
requested by AAA Auto.
Mayor Droste opened the Public Hearing for comment. There were no comments made.
MOTION by Droste to close the Public Hearing for Assessment Hearing for 160 Street
Sanitary Sewer Extension, City Project 365. Second by Riley. Ayes: Four. Nays: None. Motion
carried.
MOTION by Strayton to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL
FOR 160 STREET SANITARY SEWER EXTENSION, CITY PROJECT 365. Second
by Shoe- Corrigan. Ayes: Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried.
East Side Trail Project
Parks and Recreation Director Schultz reported that the City of Rosemount received a grant of
$50,000 in 1999 from the Supplemental Enviromnental Projects (SEP) Committee to build an
interpretive trail for bikers and walkers near the Mississippi River and within the Mississippi
National River Recreation Area. These funds are to be used toward the design and construction
of the trail. In July of 2003 the Friends of the Mississippi River were awarded the project. The
interpretive trail would go from downtown Rosemount to the Mississippi River and Spring Lake
Park. Flint Hills had issues with their land that would not allow trail use. A schematic plan will
be developed to show the corridor location and suggest character zones describing points of
interest. The project budget is $26,365. Discussion was held about the easements and right-of-
way necessary to connect the trail.
MOTION by Shoe Corrigan to approve the East Side Trail Project and contract with the Friends
of the Mississippi River. Second by Riley. Ayes: Droste, Riley, Strayton, Shoe Corrigan. Nays:
None. Motion carried.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
NOVEMBER 3, 2003
Announcements
Mayor Droste reviewed the upcoming meetings. The School Board will hold its elections
tomorrow, November 4`
Executive Closed Session
Mayor Droste announced that the City Council would be going into a closed executive session to
give the annual performance review to the city administrator. Attorney LeFevere noted that this
closed meeting would he under exception to the open meeting law for review and evaluation of
an employee.
Council unanimously adjourned to the Executive Closed Session at 8:16 p.m.
Respectfully submitted,
�Ll
The City Council Agenda Packet is Clerk's File 2003 -40.
Linda Jentink, City Clerk
Recording Secretary
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ROSEMIOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
NOVEMBER 12, 2003
Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on
Wednesday, November 12. 2003 at 6:00 p.m. in the Council Chambers at City Hall.
Mayor Droste and Council Members DeBettignies, Riley, Shoe-Corrigan, and Strayton were
present. Also in attendance were City Administrator Verbrugge, Police Chief Kalstabakken,
Community Development Director Lindquist, Human Resource /Communications Coordinator
Weitzel, Finance Director May, City Planner Pearson, and Parks Recreation Director Schultz.
Key Financial Strategies
Consultant Jim Prosser and Rebecca Kurtz gave a power point presentation of the intended
process. Projection of costs, resources. and different approaches were discussed. The purpose of
this is to develop a financial document that can guide staff and council. The time -line for this
process is four to six months, possibly up to nine months. Six communities were used to compare
with Rosemount: Apple Valley, Chanhassen, Lakeville, Farmington, Prior Lake, and Shakopee.
Rosemount's bond rating through Moody's is an Al rating. The tax rate in Rosemount is
057123°: and is the highest of the communities. Rosemount is large; it is growing, and requires
services where there is no tax base. Other cities in Dakota County are similar to Rosemount's
tax rate. A list was compiled to develop data on costs of activities and services.
2004 Budgets and CIP
Finance Director May reviewed information on the City's levy, operating budgets, 10 -Year
Capital Improvement Plan (CIP) budgets, and a draft Fund Balance Policy. Discussion was held.
The Truth -ln- Taxation hearing will be held on December 1, at 6:30 p.m. The fonnat of the CIP
budget will change following the Key Financial Strategies process. Further discussion will be
held at the December work session on the Fund Balance Policy.
Comprehensive Plan /Housing Discussion
Community Development Director Lindquist presented issues relating to the city's housing mix,
growth rate, and the Comprehensive Guide Plan. The Plan sets a housing goal of 35% 654'0 split
between multi- family units and single family units. Direction is requested if this ratio should be
enforced on all new development. Metropolitan Council's draft Framework 2030 projects growth
into the future. This rate of growth impacts the MUSA expansion as it relates to the city's
Comprehensive Guide Plan. Direction was requested on if development should be slowed to hold
to the MUSA projections. The population expectations by Metropolitan Council differ from the
city's projections. A letter is being prepared to respond to these differences.
Facilities Task Force
Parks and Recreation Director Schultz updated Council on meetings held with the Rosemount
Athletic Association (RAAA) to discuss the need for an athletic facility complex. It was
suggested to form a task force to review the athletic facility complex and other facilities that are
being requested by residents. Some of these requests have been for a senior center, a second
sheet of ice, arts center, and an aquatic center.
UPDATES
Community Special Events Update
Parks and Recreation Director Schultz reviewed the discussion from the Committee of the Whole
in September 2003 on community special events. Council indicated that they would like to
1
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
NOVEMBER 12. 2003
organize the structure of community events in order to ensure a strong future for them. Becoming
a non -profit organization was discussed. The State requires an application and a S75 fee. The
IRS tax classification 501(c)3 is slightly more difficult. Attorney LeFevere had indicated that it
was not legal for the City to have control over the board by appointing members, or for the City
to directly pay to have the group incorporated to achieve the 501(c)3 statuses. Schultz had
discussed with the Halloween Festivities and Leprechaun Days organizers how they foresee
structuring their committees. With only two events having City sponsorship, Schultz felt that a
special events policy would help the City better understand the operations of the special events.
Schultz recommended that we review the need for an umbrella organization by meeting annually
with the event organizers to discuss the status of each event.
Comprehensive Stormwater Management Plan
City Engineer Brotzler reported that the 1998 Stormwater Management Plan is in the process of
receiving an update. The main items being updates are the Stomiwater Outlet, Inventory of Land
and Water Resources, goals and policies, Assessment of Problems and Corrective Actions. The
Vermillion River Watershed Joint Powers Organization has approved the changes in accord with
State Statues. City Council will be asked to approve the Plan in the near future.
The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
The City Council's Agenda Packet is Clerk's File 2003 -41.
City Administrator Verbrugge
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1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
NOVEMBER 18, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, November 18. 2003, at 7:30 p.m. in the Council Chambers at City Hall,
2875 145 Street West.
Mayor Droste called the meeting, to order with Council Members DeBettignies, Strayton, Shoe
Corrigan, and Riley present. Also present were City Administrator Verbrugge, Attorney
LeFevere, City Engineer Brotzler, Community Development Director Lindquist, and Parks and
Recreation Director Schultz. The Pledge of Allegiance was said.
Staff presented an add -on item for the Consent Agenda: Resignation of Planning/Personnel
Secretary and Authorize Recruitment of a Replacement. The employee resigning is Chancel
Nelson. Droste moved to accept the agenda with the addition. Second by Riley. Ayes: Five.
Nays: None.
Department Heads Report
Mayor Droste reported on the Executive Closed Session held on November 3, 2003 for the
review of the City Administrator Jamie Verbrugge. This was Verbrugge's six month review and
Council spoke highly of Verbrugge's management style and community involvement. Another
review will be conducted at his one -year employment date.
Consent Agenda
Council Member DeBettignies noted that he was absent from the November 3rd regular Council
meeting and said he would be abstaining from the vote on accepting its minutes. Mayor Droste
requested removal of the Amendment to the Snowplowing Policy for public interest.
MOTION by Riley to approve the Consent Agenda with the addition of Item 6. 1. Resignation of
Planning :Personnel Secretary and Authorize Recruitment, and the removal of Item 6.i.
Amendment to Snowplowing Policy for discussion, and noting tine abstention of DeBettignies for
Item 6.a. Second by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste. Riley. Strayton.
Nays: None. Motion carried.
a. Minutes of November 3, 2003 Regular City Council Meeting DeBettignies abstained
b. Bills Listing
c. Receive Donations for Fire Department
d. Accept Tort Liability Insurance Limits
e. 1(1 -Year Capital Improvement Plan
f. Set Public Hearing Vacate Drainage Utility Easement Rosewood Village, City Proj. 350
g. Receive Bids /Award Contract Chippendale Water Tower Painting, City Project #374
h. Receive Quotes/Award Contract for Bacardi Water Tower Site Grading, City Project 355
Pulled for discussion
j. Approve Comprehensive Stonnwater Management Plan
k. Dakota County Drug Task Force John Powers Agreement 2004
I. ADD -ON Resignation of Planning/Personnel Secretary and Authorize Recruitment
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
NOVEMBER 18, 2003
Item 6. Amendment to Snowplowing Policy
Mayor Droste reviewed several issues that the public should be aware of for winter compliance
of City Codes. The recommended amendment requires that residents observe the right -of -way
when solid waste and recycling bins are put out by the street for pick -up. This requires placement
of garbage and recycling bins at least 8 feet behind the curbline so they are not damaged by snow
plows. The Public Works Superintendent will determine when snow will be plowed or removed.
Criteria used to determine need are 1) 2 inches or more of measurable snow, 2) drifting snow, 3)
icy conditions, and 4) time of snowfall in relationship to (heavy use of streets. Droste requested
that snowplow neaps and route information be available at the information desk in City Hall. City
Engineer Brotzler noted that if a plow damages a mailbox or sod, that can be reported to Public
Works at 651 -322 -2022 for replacement in the spring. The City has no liability for sprinkler
heads or landscaping material in the easement area. Council Member DeBettignies noted that
parking is restricted on all residential streets between November 1 and March 31 between 2 a.m.
and 6 a.m. to allow for snowplowing.
MOTION by Droste to approve the additions to the snowplowing policy, Public Works Policy
No. M -1. Second by Strayton. Ayes: Shoe Corrigan, Droste, Riley, Sirayton, DeBettignies. Nays:
None. Motion carried.
PUBLIC HEARING: Appeal of Decision of the Board of Appeals and Adjustments for
Variance of Side Yard Setback for Scott and DeAnn Boecker
Mayor Droste reviewed the Public Hearing process. City Clerk Jentink reported that the Affidavit
of Publication was on file, but the notice for neighbors and posting did not appear to be done.
City Attorney LeFevere advised that the City Council had three options. The first option was to
hold the Public Hearing and act on the appeal since reasonable effort was made to provide
adequate notice and if the applicant agreed to proceed. The second option was to delay the
Public Hearing until full notice could be provided. The third option is to open the Public
Hearing and take testimony, and to continue the Public Hearing to the next regular City Council
meeting so that mailed notice could be done. Mr. Boecker was in the audience and he indicated
that he supported acting on the appeal at this meeting, stating that all his neighbors were here in
the audience. Mayor Droste said that his preference was to provide full notice and directed the
hearing to proceed with the understanding that it would be continued for final action at the
December 2 City Council meeting.
Community Development Director Lindquist summarized the process completed by the
applicants Scott and DeAnn Boecker, 3878 Upper 149 Street West, for a five foot side yard
setback variance to allow the construction of a third garage stall. The Board of Appeals and
Adjustments voted to deny this variance at the October 28, 2003 Planning Commission meeting.
Lindquist said the denial was determined because hardship by adversity or safety could not be
proven. There were no extraordinary circumstances to allow the variance. Lindquist agreed the
added garage is attractive and desirable. but, the zoning does not allow it. There are likely many
others who would request this type of variance. Lindquist pointed out that similar zoning near
Boecker's development does allow a 5 foot side yard setback.
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ROSENIOUNT CITY PROCEEDINGS
REGULAR MEETING
NOVEMBER 18, 2003
Scott and DeAnn Boecker, 3878 Upper 149` Street West, requested a third stall garage for their
growing fancily. Boecker noted about twenty homes in his neighborhood that have three garage
stalls within the ten foot setback. He plans to store his snowmobile trailer in that stall and felt
that would be more pleasing than storing it outside on a slab next to the existing garage. The
Boeckers noted that they loved the neighborhood and would not want to consider moving if they
can expand here. The hone was built in 1992.
Mayor Droste explained that the five foot setbacks in Evermoor were negotiated in a Planned
Unit Development to allow more green space in other areas. There one out of four acres is open
space. Mayor Droste opened the Public Hearing for audience comments.
Kevin Lane, 3890 Upper 149 Street West, supported the Boecker's request for a variance. He
would rather have junk hidden in a garage than outside. Lane said it would be an improvement to
the neighborhood.
Ed Kropelnicki, 14928 Covington Avenue, said he didn't want to see another shed and he would
like to see this garage done. A large family should be able to have a three car garage if they want.
Jeanna Turner, 14943 Covington Avenue, and her husband understood the growing pains of a
family and they would rather see a garage at Boecker's.
Brian Bross, 3882 Upper 149 Street West, said it would increase the property values in the
neighborhood. He would rather that people could grow with their families and stay in the
neighborhood than have them move. Bross suggested considering changing the zoning ordinance
to help satisfy everyone.
Patty Pouliot, 3872 Upper 149 Street, lives east of Boeckers. She requested that the variance be
granted to Boeckers because it is already common to allow five foot setbacks in Rosemount and
other communities.
Jeff and Amy Rowe, 14930 Crandall Avenue, said that styles change for houses and this variance
would up -date the older style. They would like to do this in the future as well.
Reverend Frank Apolloni, DeAnn's father, said he understood the laws and the need to be careful
in up holding them. Apolloni spoke of the good character of Scott Boecker and how well his
neighbors like him. Apolloni asked City Council to show some compassion for his daughter's
family and that this is a growing community and it should want to keep good people here.
Council Member Shoe Corrigan discussed how the housing market has changed since 1992. It is
now more economical to invest in your home than to look at buying a new one. Trends in
housing and marketing change and in fairness to the City Council, they could not predict that, but
should make changes to adjust when needed. Council Member Strayton noted that not every lot
would be able to allow for an addition. Council Member Riley suggested that possibly a five foot
setback could be allowed on one side if the required ten foot setback is maintained on the other
side. Riley said she appreciates the bond you can have with neighbors and that should be
1
encouraged. Riley said we could look to modify the language to read, "grandfather in houses
built before 2004." Riley suggested this be addressed at a work session. DeBettignies agreed that
the five foot setback could be allowed on the garage side only. Mayor Droste said that in this
situation no hardship can be established, but the fundamental change of distance between homes
is changing. This may not be beneficial for all. City Attorney LeFevere noted that a variance is
not the way to solve zoning issues. Modifying the zoning code or conditional use process should
be considered.
MOTION by DeBettignies to continue the Public Hearing for the Variance appeal for the
Decision of the Board of Appeals and Adjustments to Deny a Five Foot side Yard Setback
Variance to Scott and DeAnn Boecker to the December 2nd City Council meeting. Second by
Shoe Corrigan. Ayes: Droste, Riley, Strayton, DcBettignies, Shoe Corrigan. Nays: None. Motion
carried.
Announcements
City Administrator Verbrugge stated that an error in a date was discovered under the Consent
Agenda, Item 6.f. Set Public Hearing to Vacate Drainage Utilit Easement. He indicated that
the Public Hearing will be on December 2, 2003. This correction will be made.
Mayor Droste reviewed the upcoming meetings. The City Hall will be closed for Thanksgiving
Day and the following day, November 28. The City will hold its Truth hi Taxation Hearing on
December 1, 2003 at 6:30 p.ni. at City Hall.
Council unanimously adjourned the meeting at 8:34 p.m.
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -42.
!j /7'
Linda Jentink, City Clerk
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
NOVEMBER 18, 2003
ROSEMOUNT CITY PROCEEDINGS
SPECIAL BUDGET MEETING
DECEMBER 1, 2003
Pursuant to due call and notice published on November 21 and 22, thereof a special meeting of
the Rosemount City Council was duly held on Monday, December 1, 2003, at 6:32 p.m. at the
Rosemount City Hall, 2875 145 Street West, in the Council Chambers.
Mayor Bill Droste called the meeting to order with Council Members Mary Riley, Mark
DeBettignies, and Kevin Strayton present. Council Member Kim Shoe Corrigan was absent.
Also in attendance were City Administrator Verbrugge, Parks and Recreation Director Schultz,
Finance Director May, Police Chief Kalstabakken, and City Engineer Brotzler. The purpose of
the meeting was to allow comment from the public regarding the Tnith in Taxation notice given
to residents by Dakota County showing city, county and school district expenditures.
2004 Budget and Levy Presentation
A presentation was given by Finance Director Jeff May for the 2004 City of Rosemount budgets
and levies. Finance Director May explained the procedures 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 next regular
City Council meeting on December 2, 2003. Truth -in- Taxation notices were mailed to all
Rosemount property owners and notice was published in the Rosemount Town Pages and the
Rosemount This Week.
Finance Director May reported on the City process to review the budget, starting with staff
drafting of proposed budgets in March 2003. 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 Local
Government Aid (LGA) and Market Value Homestead Credit (MVHC) that the City receives
from the State have been reduced by $750,000 in each of the last two years because of the State's
deficit issues. The State allowed the City to recover 60% of those losses for 2004 (and none of
those losses in 2003). Because of this levy limit restriction, the tax rate was decreased from 57%
to 52 For 2004, additional revenues were budgeted from increased service /administrative fees
and increased user fees from SKB Environmental.
The Operating Budget for 2004 has less than a 1% increase, .97% and with that the City will add
two new city employees. a police officer in September and a Communications Coordinator after
the first of the year. City staff and bargaining units also incurred a 3 °,4o pay raise. This was
possible because some salaries were allocated to the Utilities funds based on the fee study
completed in 2003 and City health care costs were capped at an increase of 10
Finance Director May made a comparison of costs in the budget brochure for a resident with a
home valued at $200,000. The comparison divided the department budgets into yearly costs per
household. Council Member Riley commented that inforntation helped to see where resident
money is going.
Mayor Droste asked about the three residents who discussed their questions with Finance
Director May prior to the meeting. May explained that they had questions on the value of their
homes. Finance Director May referred them to Dakota County with the proper phone number
contact.
1
Mayor Droste thanked Finance Director May for the good PowerPoint presentation and all staff
for their input. Mayor Droste opened the Public Hearing for public comments. There were no
public comments made.
MOTION by Droste to close the Public Hearing on the 2004 Budget and Levy Presentation for
the City of Rosemount. Second by Riley. Ayes: DeBettignies, Droste, Riley, Strayton. Nays:
None. Motion carried.
Council Member Strayton requested that the brochure and question and answer handout be added
to the city web site. City Administrator Verbrugge stated that staff would follow through on that
suggestion.
The meeting was adjoumed at 6:51 p.m.
ROSEMOUNT CITY PROCEEDINGS
SPECIAL BUDGET MEETING
DECEMBER 1, 2003
Respectfully submitted,
77z eek--1 t&
City Clerk Linda Jentink
Recording Secretary
The City Council Agenda Packet is Clerk's File 2003 -43.
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
DECEMBER 2, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, December 2, 2003, at 7:30 p.nt. in the Council Chambers at City Hall,
2875 145 Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Strayton. Shoe
Corrigan, and Riley present. Also present were City Administrator Verbrugge. Attorney
LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Parks and
Recreation Director Schultz, Human Resources /Communication Coordinator Weitzel, and Police
Chief Kalstabakken. The Pledge of Allegiance was said.
Staff presented additional infomtation for the Liquor License Renewals, Item 6.i. and an add -on
to the Consent Agenda for a Request to Order an Appraisal for the Wiklund Property. City
Administrator Verbrugge also requested an Executive Closed Session for Labor Relations
Strategies. City Engineer Brotzler recommended pulling item 6.p. Payment 10 and Final for
Trunk Highway 3 Improvements, City Project 318 for later consideration. Mayor Droste moved
to accept the recommended changes to the agenda and additional information. Second by
DeBettignies. Ayes: Five. Nays: None. Agenda is adopted.
Consent Agenda
Council Member Strayton requested that Item 6.g. Approval of Budget for 2004: Setting 2004
Levies and Budgets be pulled for discussion.
MOTION by DeBettignies to approve the Consent Agenda with the removal of 6.g., the update
to 6.i, removal of 6.p. and additional Item (i Second by Riley. Ayes: Strayton, DeBettignies,
Shoe- Corrigan, Droste, Riley. Nays: None. Motion carried.
a. Minutes of November 18, 2003 Regular City Council Meeting
b. Minutes of October 15, 2003 Committee of the Whole
c. Bills Listing
d. Receive Donations for Parks and Recreation Department
e. Accept Donation for Police Department
f. Expenditure Approval from Donation Account
g. Approval of Budget for 2004: Scttin,g 2001 Levies and Budgets Moved for discussion
h. Approval of Non -Union Salaries for 2004
i. Liquor License Renewals for 2004 Additional information received
j. Solid Waste Collection Ordinance Revision
k. Payment #11 Final, Evermoor 4 Phase 2 Marcotte Pond Outlet, C. P. 333 329
1. Payment #3 Final, 160 Street Sanitary Sewer Extension, City Project 365
m. Change Order #5, Rosewood Estates /Village Street Utility hmprovements, City Proj. 350
n. Change Order #2, Bloomfield Vineyards, City Project 368
o. Change Order #4, Trunk Highway 3 Improvements, City Project 318
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q.
r.
s.
t.
Pulled
Tree City USA Recertification
Dakota County Mutual Aid Assistance Group Joint Powers Agreement
Metropolitan Council Development Framework Comments for Public Hearing
Add -On Request to Order an Appraisal for the Wiklund Property
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
DECEMBER 2, 2003
Item 6. g. Approval of Budget for 2004: Setting 2004 Levies and Budgets
Council Member Strayton wished to commend the City Administrator and staff for putting
together a very solid budget and he looks forward to the up corning year. Mayor Droste and
Council concurred.
Council Member DeBettignies indicated he would move to roll the following motions:
MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE 2004 GENERAL
FUND OPERATING BUDGET, THE 2004 CAPITAL IMPROVEMENT PROGRAM
(CIP) BUDGETS, THE 2004 INSURANCE BUDGET AND THE 2004 LEVY REQUIRED
BY THE CITY OF ROSEMOUNT. Second by Shoe Corrigan.
MOTION by DeBettignies to adopt A RESOLUTION LEVYING A TAX FOR
CONSTRUCTION OF A STATE ARMORY BUILDING. Second by Shoe Corrigan.
MOTION by DeBettignies to adopt A RESOLUTION APPROVING A SPECIAL TAX
LEVY FOR FUNDING OF AN ARMORY. Second by Shoe Corrigan.
Poll of three motions: Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None.
Motions carried.
PUBLIC HEARING Continued: Appeal of Decision of the Board of Appeals and
Adjustments for Variance of Side Yard Setback for Scott and DeAnn Boecker
Mayor Droste explained the Public Hearing process. The posted and mailed notice for this
hearing were on file. The property is located at 3878 Upper 149 Street West.
Community Development Director Lindquist noted that this hearing was continued due to an
error in notification. There is no additional information. Comments were heard on November 18
from the Boeckers and their neighbors for a request for a third garage. Staff supports denial of the
request because there were no findings of hardship. Set back requirements will be reviewed on an
overall basis for the community to see what goals and objectives need to be niet. Discussion will
be held at a January work session. Scott and DeAmi Boecker had no further comments. Mayor
Droste opened the Public Hearing for comments. DeAnn Boecker's father commented that the
City should publish a booklet to make people more aware of the process requirements so it could
be better understood by applicants.
MOTION by Droste to close the Public Hearing for the Appeal of Decision of the Board of
Appeals and Adjustments for Variance of Side Yard Setback for Scott and DeAnn Boecker.
Second by Riley. Ayes: Shoe- Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None.
Motion carried.
Mayor Droste asked of staff what criteria are used when residents come in to apply for a
variance. Lindquist explained staff does let applicants know about the zoning regulations and
review the variance process. Lindquist noted that a variance is a higher standard, more formal
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1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
DECEMBER 2, 2003
type of request. Mayor Droste noted that a variance stays with the property, not with the
homeowner. Droste said the ordinance does allow 30% of the lot surface to be developed and this
lot has only 16.2% developed currently. Also 140 square feet of the garage could be expanded
without a variance. The consensus was to determine how examining this issue could benefit the
community as a whole. The side yard setbacks will be presented at a work session for review.
MOTION by Droste to adopt A RESOLUTION DENYING A SIDE YARD SETBACK
VARIANCE from 10 feet to five feet to allow the construction of a 12' by 20' third garage stall
on the property located at 3878 Upper 149 Street West based on the information and findings in
the staff report dated October 23. 2003. Second by Shoe Corrigan. Ayes: Droste, Riley, Strayton,
DeBettignies, Shoe Corrigan. Nays: None. Motion carried.
PUBLIC HEARING: Drainage Utility Easement Vacation- Rosewood Estates Addition,
City Project 350
City Engineer Brotzler reviewed the request by property owners to vacate the utility easement
and 75 -foot drainage easement just south of Greif Brothers Inc. Brotzler reported that the 1940's
water mains were replaced or removed with the street improvements on 145 Street West. The
legal description of the easement is under review and Brotzler asked Council to continue the
Public Hearing until the December 16 meeting so the easement legal description can be
verified. The Affidavits of Published and Posted notice were on file.
Mayor Droste opened the Public Hearing for Drainage Utility Easement Vacation for
Rosewood Estates Addition, City Project 350. There were no comments received.
MOTION by Droste to continue the Public Hearing for Drainage Utility Easement Vacation
Rosewood Estates Addition, City Project 350 to the December 16 City Council meeting.
Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None.
Motion carried.
Announcements
City Engineer Brotzler announced a meeting for the North Central portion of Rosemount for an
informal open house regarding the extension of the sanitary sewer system. Notice was mailed to
all property owners generally north of 135 Street and east of Highway 3 to Akron Avenue. The
meeting is December 9 at 6:00 p.m. and repeated at 7:00 p.m.
Mayor Droste reviewed the upcoming meetings.
Mayor Droste convened at 8:02 p.m. the Executive Closed Session to review labor relations
strategies. The meeting will be adjourned following that item.
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1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
DECEMBER 2, 2003
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -44.
Linda Jentink, City Clerk
Recording Secretary
ROSEMOLINT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
DECEMBER 10, 2003
Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on
Wednesday. December 10, 2003 at 6:30 p.m. in the Council Chan:hers at City Hall.
Mayor Droste and Council Members DeBettignies, Riley, Shoe Corrigan, and Strayton were
present. Also in attendance were City Administrator Verbrugge, Police Chief Kalstabakken,
Community Development Director Lindquist, Human Resource /Communications Coordinator
Weitzel. Finance Director May, City Planner Pearson, and Parks Recreation Director Schultz.
Fund Balance Policy
Finance Director May presented the draft Fund Balance Policy. Our financial consultants advised
that if the City would choose to reduce the fund balance by some factor relating to the
compensated absences, the issue of concern to the rating agencies would be the resulting fund
balance as a percentage of revenues. If the resulting amount dipped below 50% the rating
agencies would likely take note. Ehlers Associates Inc. recommended that compensated
absences be factored into the actual level of targeted fund balance and not be used as an annual
adjustment factor in a formal policy. City Council advised that 55 1!o would be an acceptable
fund balance figure and that compensatory absences would be handled in a separate fund. Staff
will bring this policy to the December 16 City Council meeting.
Health Care Savings Contribution
Human Resources/Communications Coordinator Weitzel presented information on Blue Cross
Blue Shield's VEBA Plan. It is mandatory that each employee group must uniformly follow
contribution rates for supplementary contributions. There are six employee groups in the City of
Rosemount: Teamsters, AFSCME, LELS Police, LELS- Sergeants, Non -union management (pay
equity points greater than 500), and Non -union regular employees (pay equity points less than
500). The management group has determined it would like to contribute an additional $15 per
pay period into their individual accounts in the Health Care Savings VEBA Account. Additional
funds could be contributed at the time of severance from unused sick leave in excess of 40 hours
at a prorated percentage of the actual value dependent on years of service. Also, severance and
unused vacation leave in excess of 80 hours could be added to the VEBA account. Discussion
ensued. The other employee groups are working on an outcome.
Communications Coordinator
Human Resources/Communications Coordinator Weitzel presented a position responsibility
description for Communications Coordinator. This position is part of the Administration
Department and hiring is proposed for January 2004. The Communications Coordinator
provides professional assistance to the City Administrator, Department Heads, and City
departments by assuming primary responsibility' for the management, development, and
improvement of the City's public information process. This position would support, enhance,
and develop communication and public infornation methods that support the City's commitment
to open and responsible government. Council agreed to consider this at the next City Council
meeting.
Facilities Task Force
Parks Recreation Director Schultz reported on the need for additional recreational facilities
and proposed forming a taskforce to investigate that need further. Residents have shown interest
in a senior center, arts center, youth center, aquatic center, and another sheet of ice. The Parks
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1
ROSEMOUNT CITY PROCEEDINGS
COMMITTEE OF THE WHOLE
DECEMBER 10, 2003
and Recreation Commission recently finished a needs assessment for athletic fields where they
recommended securing a draft site plan and cost estimate for a future athletic complex. Council
supported forming a taskforce for investigation.
Brockway Development
Community Development Director Lindquist presented a proposal from Contractor Property
Developers Company (CPDC) to redevelop the Brockway property as a mixed residential
development. The site is 120 acres proposed to yield 612 residential units. This development
would include active and passive public open space, an association community center. and a
small parcel for neighborhood commercial. Discussion included traffic concerns, building
architecture and design, stomiwater utility, timeline, site design, and an Environmental
Assessment Worksheet that may be necessary.
UPDATES
Seeding /Sodding Restoration
City Engineer Brotzler proposed after construction projects that final restoration of grassy areas
be done with seed only, rather than sod. Several other communities have this policy. The
Chippendale Avenue project is proposed to be a trail project with seed.
Others
Council Member Riley questioned the Sipes fence variance approved by the Planning
Commission. Staff explained the reasoning put forth by the Commission and also pointed out
possible liability risks to the city because of the lack of "findings of fact." Riley suggested that
the bigger picture should be examined before this variance is allowed.
The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
City Administrator Verbrugge
The City Council's Agenda Packet is Clerk's File 2003 42.
1
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
DECEMBER 16, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday. December 16, 2003, at 7:30 p.m. in the Council Chambers at City Hall,
2875 145' Street West.
Mayor Droste called the meeting to order with Council Members Strayton, Shoe Corrigan, Riley,
and DeBettignies, present. Also present were City Administrator Verbrugge, Attorney LeFevere,
City Engineer Brotzler, Community Development Director Lindquist, Parks and Recreation
Director Schultz, Human Resources /Communication Coordinator Weitzel, Finance Director
May, and Police Chief Kalstabakken. The Pledge of Allegiance was said.
Staff presented two add -on items: one for the Gambling Premises Permit Renewals with the
Jaycees for Celts and McDivot's, this will be added to the Consent Agenda, Item 6.v: and setting
a public heating for the Stipe Fence Variance on January 6, 2004, Item 6. w. A correction was
made to Item 6.h., the 2004 Fee Resolution on page 9 which should show the
commercial/industrial park dedication fee at 10 Staff requested that Item 6.t. Irish Dome LLC
Lease Agreement be pulled until more details are determined. Mayor Droste moved to accept the
recommended changes to the agenda and additional information. Second by Riley. Ayes: Five.
Nays: None. Agenda was adopted with the suggested changes.
Consent Agenda
Council Member Shoe Corrigan requested that Item 6.o. Flint Hills Resources Simple Plat
Request for 14380 Blaine Avenue be pulled for discussion. Council Member Strayton requested
that Item 6. g. Fund Balance Policy be pulled for discussion.
MOTION by Shoe- Corrigan to approve the Consent Agenda with the additions of 6.v. and 6.w;
discussion of 6.g. and 6.o., a correction to 6.h., and removing 6.t. Second by DeBettignies.
Ayes: Droste, Riley. Strayton, DeBettignies, Shoe-Corrigan. Nays: None. Motion carried.
a. Minutes of December 2, 2003 Regular City Council Meeting
b. Minutes of November 12, 2003 Committee of the Whole
c. Minutes of December 1, 2003 Special Meeting, Truth in Taxation
d. Bills Listing
e. Budget Amendments
f. Authorize Financing for Lease/Purchase of Trackless Snowblower/Plow with
Attaclunents
g. Fund Balance Policy Pull for discussion approved
h. 2004 Fee Resolution, with a correction
i. On Sale Liquor Licenses on Public Premise
J. Gambling Premises Permit for Shenanigan's Pub
k. Change Order #1, Connemara Trail Phase II Improvements, City Project #343
1. Receive Quotes /Authorize Contract Test Well #14, City Project 382
m. Firefighters Relief Association Benefit Adjustment
n. Mineral Extraction Permit Renewal for Shafer Contracting Company Inc.
o. Flint Hills Resources Simple Plat Request for 11380 Blaine Avenue Tabled, see discussion
P. Automated Pawn System (APS) Service and Software License Agreement
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
DECEMBER 16, 2003
q. Authorize Recruitment of a Communication Coordinator and Range Adjustment for Parks
Recreation Supervisor
r. Health Care Savings Contribution (Management)
s. Status Change of Building Inspector Secretary from Part-Time to Full -Time
t. Inch Domo LLC Lease Agreement Pulled
u. Receipt of Donation
v. Add -on Gambling Premises Permit Renewals with Jaycees for Celts and McDivot's
w. Add -onset Public Hearing for Stipe Fence Variance Appeal for January 6, 2004.
Fund Balance Policy
Council Member Strayton commented on the importance of the City being fiscally responsible
which is shown by the conservative budget that city staff was able to structure. Strayton thanked
city staff for keeping spending down and for their hard work.
MOTION by Strayton to approve the Fund Balance Policy, F -7. Second by Riley. Ayes: Riley,
Strayton, DeBettignies, Shoe Corrigan. Droste. Nays: None. Motion carried.
Flint Hills Resources Simple Plat Request for 14380 Blaine Avenue
Council Member Shoe Corrigan asked about the standards for residential lots below five acres.
She noted that normally the density is averaged out with other Tots for a rural residential density
of two units for 10 acres. Community Development Director Lindquist noted that this property
has eight homes on it now and that number would be reduced to three homes and one open lot.
Although this is still not compliant with standards, it is closer to compliance. The property is
owned by Flint Hills but is not contiguous to their larger parcel. Lindquist said this would be a
trade -off to accomplish other goals and it is up to the City Council's discretion. Shoe Corrigan
requested that additional negotiations be conducted and this item be tabled for their response.
MOTION by Shoe Corrigan to table the consideration of a resolution for approval for the Flint
Hills Estates plat. Second by Droste. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste,
Riley. Nays: None. Motion caned.
PUBLIC HEARING (Continued): Drainage Utility Easement Vacation Rosewood
Estates Addition, City Project 350
Mayor Droste explained the Public Hearing process. The posted and mailed notice for this
hearing were on file.
City Engineer Brotzler noted that this Public Hearing was delayed due to an incomplete property
description. Brotzler reported that the property description had been updated and that staff was
ready to move forward with this easement vacation. Mayor Droste opened the public hearing.
There were no comments front the audience.
MOTION by Droste to close the Public Hearing for Drainage Utility Easement Vacation for
Rosewood Estates Addition, City Project 350. Second by DeBettignies. Ayes: DeBettignies,
Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried.
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1
MOTION by DeBettignies to adopt A RESOLUTION CAUSING EASEMENT
VACATION IN OUTLOTS A AND B, ROSEWOOD ESTATES ADDITION. Second by
Riley. Ayes: Shoe Corrigan. Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried.
Announcements
City Administrator Verhrugge noted that a joint meeting with City Council, Port Authority, and
the Planning Commission was rescheduled for January 20, 2004 at 5:30 p.m. This will be an
informational meeting about Tax Increment Financing.
Mayor Droste reviewed the upcoming meetings noting that this is the last formal meeting of the
year. Droste thanked Council and staff for all their efforts throughout 2003.
Mayor Droste adjourned the meeting at 7:52. p.m.
Respectfully submitted,
The City Council Agenda Packet is Clerk's File 2003 -46.
Linda Jentink, City Clerk
Recording Secretary
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
DECEMBER 16, 2003