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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 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING 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 3 ROSEMOUNT CITY PROCEEDINGS 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. 4 1 1 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 1 1 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 2 1 ROSEMOUNT CITY PROCEEDINGS 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. 1 1 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. 1 ROSEMOUNT CITY PROCEEDINGS 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. 2 ROSEMOUNT CITY PROCEEDINGS 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. 3 1 1 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 1 1 1 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 2 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. 3 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 1 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. 1 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 2 1 1 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. 1 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 1 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. 2 1 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 1 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 1 1 1 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. 1 1 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 3 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 4 1 1 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 1 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 2 1 1 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. 1 1 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 l 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 1 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. 2 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. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2003 Respectfully submitted, City Clerk Linda Jentink Recording Secretary 1 1 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 2 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. 3 1 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. 1 1 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 1 1 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. 1 1 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 1 1 1 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. 1 1 1 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. 1 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING 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. 1 1 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. 4 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. 5 1 1 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 1 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 1 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 1 1 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. 1 1 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. 1 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 1 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. 2 1 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 1 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 1 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. 1 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 1 1 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. 5 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. 1 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. 1 1 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 1 1 1 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 1 1 1 e ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING 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. 1 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 1 1 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 1 1 1 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 1 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. 2 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. 3 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 1 1 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 1 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 1 1 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 1 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 3 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. 4 1 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. 2 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. 1 1 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. 1 1 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 3 1 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 1 1 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. 2 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. 3 1 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 1 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. 1 1 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. 1 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. 2 1 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. 4 1 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 1 1 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. 1 1 1 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 1 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 3 1 1 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. 1 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 2 1 1 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. 3 1 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 5 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. 6 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 7 1 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 1 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. 1 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 1 1 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 3 1 1 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. 1 1 1 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 1 1 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 4 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. 1 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 2 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 3 1 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 1 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 1 d. 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. 3 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. 4 1 1 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 1 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. 3 1 1 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 2 1 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 2 1 1 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. 3 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 1 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 1 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. 1 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 1 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. 2 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