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HomeMy WebLinkAbout33886 - JANUARY - DECEMBER 2004ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 6, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, January 6, 2004, at 7:30 p.ni. in the Council Chambers at City Hall, 2875 145' Street West. Mayor Droste called the meeting to order with Council Members Shoe Corrigan, Riley, DeBettignies, and Strayton present. Also present were City Administrator Verbrugge, Attorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Parks and Recreation Director Schultz and Finance Director May. The Pledge of Allegiance was said. Staff presented one add -on item, Receive Donation for Fire Department for S46.25; and additional infomiation for Item 6.I. Uitenbogerd Addition Final Plat and Item 9.a. Brockway Site Redevelopment CPDC. A Subdivision Agreement was submitted for Item 6.1. and a resolution change was submitted for Item 9.a. Mayor Droste moved to accept the recommended changes to the agenda with the Consent Agenda Add -On, Item 6.n. and additional information for Uitenbogerd Addition Final Plat Items and Brockway Site Redevelopment CPDC. Second by Riley. Ayes: Five. Nays: None. The Agenda was adopted with the suggested changes. Consent Agenda MOTION by DeBettignies to approve the Consent Agenda with the additions of 6.n. Receive Donation for Fire Department and a Subdivision Agreement for Item 6.1. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. a. Minutes of December 16, 2001 Regular City Council b. Bills Listing c. Expenditure Approval from Donation Account for Parks Recreation Dept. d. Naming Depositories and Financial Institutions e. Appointment of Weed Inspector f. Designation of Official Newspaper g. Appointment of Acting Mayor h. Appoint Richard Daniels to the Downtown Redevelopment Committee i. Transfer Loan for Flexible Spending Account j. Approve Joint Powers Agreement for 2004 Traffic Markings, Cracksealing, and Sealcoating k. Hiring Building Maintenance Worker 1. Uitenbogerd Addition Final Plat 14676 Dodd Boulevard m. Approval of the 2004 CDBG Application n. Add -On Receive Donation for Fire Department PUBLIC HEARING: Appeal of the Board of Appeals and Adjustments Approval of a Variance for Fence Height for Stephen and Roxane Sipe at 14292 Crofton Court Mayor Droste explained the Public Hearing process. The posted and published notice for this hearing were on file. Community Development Director Lindquist reviewed the variance request of Stephen and Roxane Sipe at 14292 Crofton Court for a 6' fence in the frontyard setback on their corner lot. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 6, 2004 Staff recommended a 6 -inch variance, making the fence a maximum of 48 inches on the property line mainly due to the requirement that pools need a 48 -inch fence. The side -yard is considered the same as the frontyard on this comer lot. On December 9, 2003, the Planning Commission approved this variance for the 6' fence. City Council appealed the decision believing further consideration should be given to changing the ordinances to apply more fairly to corner lots and to supply findings of fact. Lindquist noted that hardship could not be proven and that city staff had given inaccurate information for fence permits. Sipe's had submitted ten photos of other corner lots that had higher than 42 -inch fences. Staff found that three had not obtained fence permits, five had approved fence permits in error, and two were corner lots that did not abut another residential lot. Staff has changed the permit process so that when a pool pennit is applied for, then a fence permit must be applied for at the sane time. Lindquist discussed the five criteria for permitting a variance. Lindquist noted that Council could uphold the variance, deny it, or amend the request. Council indicated that those non-conforming fences sited in the discussion would require enforcement by our Code Enforcement Officer since we are now aware of them. Council did indicate that the enforcement should be a consistent process. Roxane Sipe, 14292 Crofton Court, presented photos of several fences on corner lots showing acceptance of the fences. Ms. Sipe also sited the example of an approved variance for a pool fence at 15130 Dartmoor Court on September 18, 2001. After the Planning Commission had approved the variance request for Sipes on December 9, 2003, she was told by staff that the fence permit could be issued in the same day. On this information her contractor ordered the material and placed the poles in the ground. The electrical pennit in the setback area was approved as well. Ms. Sipe sited hardship due to the purchase of materials and based on what city staff had told her. Ms. Sipe noted she did not receive the informational fence handout. The fact that they did not receive correct infor from city staff also proves this is a unique situation. Mr. and Mrs. Sipe also agree that a 42 -inch high fence will not keep children out of the pool area and therefore, it would not be safe. Sipes maintained that a six -foot fence is the best solution, especially since there are no traffic or visibility issues. Ms. Sipe reported another example from October 1993 when Wayne Nixon received a variance for a fence on a corner lot, although the fence that was granted was a chain link fence. Ms. Sipe asked City Council to reconsider approving the six -foot fence variance. Mayor Droste opened the hearing for public comment. Droste requested that the comments be limited to three minutes. Jim Schellberg, 3933 143 Street West, said Sipes' backyard is in full view from his frontyard. Shelberg would support a six -foot fence variance stating it would be more pleasant to look at a nice fence than Sipe's camper and other property. Ken Sipe, yard contractor and brother -in -law, stated he had been to the City to gather information. Mr. Sipe had purchase the material before the permit was issued because the supplier said that materials were getting low and he understood that the fence pennit would only take fifteen minutes to get. Mr. Sipe noted that a corner lot is larger, but the usable yard space is much less. Mr. Sipe also presented photos of comer lots that had used trees for privacy, pointing out that the nature trees blocked sight lines much more than fences would. Mr. Sipes also ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 6, 2004 contended that having an alley next to your lot Tine unfairly exempts owners from the 30 -foot frontward setback. Mr. Sipe stated that the City has conflicting ideas and exceptions to rules and that review of the ordinances should be conducted to remove the frontyard setback standards within the sideyard. Jan Matulka, 13431 Daffodil Path, said she would like City Council to up hold the fence variance. Matulka stated that the Sipes had come to the City first to be honest and straightforward. She also shared safety concerns that children may go over the fence to get in the pool. Margaret Jacques, 15130 Dartmore Court, was granted a fence variance on September 18, 2001, with a pool and corner lot. Ms. Jacques felt a precedent had been set at that tine. She felt it would be fair and just to grant this fence variance. Randy Kruger, 3944 143 Street West, noted he supports the fence variance. Mr. Kruger has two children, a sixteen year old and a twelve year old and feels the pool is a danger with only a 48- inch fence. MOTION by Droste to close the Public Hearing for the Appeal of the Board of Appeals and Adjustment Approval of a Variance for Fence Height for Stephen and Roxane Sipe at 14292 Crofton Court. No second. Motion withdrawn for further comments. Council Member Shoe Corrigan responded to the applicant's attorney's written comment that this appeal was a political issue. Shoe Corrigan noted that this appeal was in response to a variance request that could not satisfy the criteria of granting a variance. It is City Council's job to create policy on how lots should be treated. City Attorney LeFevere acknowledged that this has been a frustrating process for the Sipes. LeFevere noted that City staff cannot grant variances, only the Board of Appeals can with Council approval. LeFevere confirmed the criteria needed for the City Council to grant a variance. A variance cannot be granted on the grounds that the neighbors support it or that it is fair. The worse case scenario might include receiving a building pemtit, finding out that it was issued in error. and then the owner would be required to remove the structure. Staff errors are not cause to issue a variance. Mayor Droste reviewed the International Building Code which requires a minimum of a 48 -inch fence around pools. The City was negligent by not requiring the fence permit with the pool permit. This policy has now been changed and this issue should not reoccur. Droste agreed with City Attorney LeFevere that you don't issue a variance on the basis of fault or fairness. Corner lots are required to be a minimum of 200 square feet larger than a normal lot to compensate for easement issues. Droste stated he was willing to look at that point of the Zoning Ordinance to see if there is an alternative. Droste pointed out that the City hired a Code Enforcement Officer in order to uphold the regulations in the City Code and Zoning Ordinance. Many issues have been improved due to the City's commitment to improving living conditions. Droste stated that Codes are laws and variances are exceptions to the rule. 3 1 Council Member Riley stated for the record that she had contacted fonner City Administrator Burt and went to see the lot at 14292 Crofton Court. Riley noted that the Planning Commission did not approve any "findings of fact' that would backup their decision. The variance was not granted on the five criteria set forth. Riley also said that this was not a political issue for her or a personal one. Further she noted that the Ordinance needed to be upheld in order to have consistency for the neighborhoods. She supported review of the language in the Ordinance. Council Member DeBettignies asked Ken Sipe about his application for a building permit. He confinned there was a concept drawing for the retaining wall which he adjusted after talking to Water Resource Coordinator Donnelly. Staff at that time did not identify that the sideyard would need to he treated as a frontyard. Mr. Sipe indicated that he had sunk the support poles prior to having a signed building permit. DeBettignies also noted that because there were no "facts of findings" from the Board of .Appeals the Ordinances should be looked at. Attorney LeFevere noted that who said what when, is not the issue here, only the need to approve or deny the variance. If hardship is not shown, fault and fairness is not a reason to grant the variance either. Roxane Sipe said she still felt that the decision to appeal the Board of Appeals was arbitrary and capricious by the City Council. Council Member Strayton said his main concern is safety for the community and he did not feel that a 48 -inch fence was sufficient to keep children out of a pool. Strayton noted it was unfortunate that the Sipes went through such an emotionally charged permuting process. The job of the City Council is to re -write ordinances when a need is noted. Strayton said he would like this issue addressed quickly. MOTION by Droste to close the Public Hearing for the Appeal of the Board of Appeals and Adjustment Approval of a Variance for Fence Height for Stephen and Roxane Sipe at 14292 Crofton Court. Second by Shoe Corrigan. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. MOTION by Riley to adopt A RESOLUTION AMENDING THE BOARD OF APPEALS AND ADJUSTMENTS TO GRANT A FENCE HEIGHT VARIANCE FROM 2.5 FEET TO SIX- INCHES TO ALLOW THE CONSTRUCTION OF A 48 -INCH (four foot) FENCE FOR STEPHEN AND ROXANE SIPE OF 14292 CROFTON COURT as the approved site plan subject to three conditions outlined by the Community Development Director. Second by Shoe Corrigan. Ayes: DeBettigmies, Shoe Corrigan, Droste, Riley. Strayton. Nays: None. Motion carried. Discussion by City staff and City Council clarified to Roxane Sipes that the fence must be six inches within the property line and be a maximum of 48 inches. City staff was directed to bring additional information and examples to a work session for review. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 6, 2004 1 1 Flint Hills Resources Simple Plat Request for 14380 Blaine Avenue Community Development Director Lindquist reviewed Flint Hills' request to combine eight home lots that had been built in the 1950's into four lots in the agricultural district. The Zoning Ordinance requires a 1 unit per 40 -acre density in the agricultural district. Staff recommends placing a deed restriction on other property Flint Hills owns prohibiting additional residential units. If the property is rezoned, then the density requirement is moot and the deed restriction would no longer be necessary. This was discussed with Flint Hills. They would also be required to confomi to the Dakota County ISTS standards for the septic systems. Council Member Strayton thanked Lindquist for addressing the issues with Flint Hills. MOTION by Strayton to adopt A RESOLUTION APPROVING THE FLINT HILLS ESTATES PLAT SUBJECT TO CONDITIONS. Second by Riley. Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Brockway Site Redevelopment CPDC Community Development Director Lindquist presented the request by Homer Tompkins of Contractor Property Developers Company (CPDC) to amend the Comprehensive Plan on the 120 -acre site east of Highway 3 and south of 132 Street West. It is zoned PI (Public Institutional) and BP -2 (Business Park 2) and would be changed to R1 /R2%R3 /R4 for 612 units of various types of housing. This site now hosts the Brockway Glass Co. buildings and Brockway Golf Club. Staff looked at the amount of Business Park (BP) land that was available and concluded that the tax base would not be affected greatly because there are still 294 acres available that are zoned BP and 1057 acres in the GI (General Industrial). The proposed single family and multi- family housing was not envisioned. The concept plan would provide about 13 acres of green space and about $6 million for park dedication fees. They do propose to have a commercial site on the southeast corner. The developer has a clear understanding that this property does have some difficult issues such as pipeline easement, ponding, and possible environmental contamination. Chuck Rickart, Associate Project Engineer, WSB Engineering, conducted a traffic study and met with Minnesota Department of Transportation (MNDOT). MINDOT was encouraging in that cooperative agreements for improvements of Highway 3 could provide a maximum of $500,000. Signals would be recommended at McAndrews and Connemara on Highway 3 and turn lanes at 132" Street West. Projections show 45% of traffic going north and 25% going into town. City Engineer Brotzler discussed the stonnwater ponding issues which are very flexible at this point. If off -site stonnwater storage is needed the developer would be required to fund it. Tim Whiten. Rotlund Homes Executive Vice President, presented drawings of the housing types. Council was concerned with the 12 -unit townhomes and asked if they would consider 6 to 8 unit buildings. Whiten indicated they could look at that. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 6, 2004 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 6, 2004 Council Member Strayton had concerns about the Comprehensive Plan amendment and if Tax Increment Financing was necessary. More information will become available as the concept plan moves forward. MOTION by DeBettignies to adopt A RESOLUTION APPROVING AN AMENDMENT TO THE 2020 ROSEMOUNT COMPREHENSIVE PLAN AND APPROVING A CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR THE BROCKWAY SITE and authorizing staff to forward the amendment to the Metropolitan Council and to add a condition u., "The twelve (12) unit townhouse buildings may have to be reduced to six (6) or eight (8) unit townhouse buildings." Second by Riley. Ayes: Droste, Riley, DeBettignies, Shoe Corrigan. Nays: Strayton. Motion carried. MOTION by DeBettignies to continue the rezoning requests for the Brockway Site by CDPC. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Announcements City Administrator Verbrugge noted a change of location for the Downtown Redevelopment Committee. It will be held at the Community Center, Room 215, on Thursday, January 8, 2004, at 7:00 p.m. There is a public informational meeting scheduled at City Hall for the pending street improvements for 2004 on January 8` at 6:30 p.m. Mayor Droste reviewed the upcoming meetings noting the following special meeting: Trails and Pedestrian improvements Informational Meeting on January 29, 7:00 to 8:00 p.m. Mayor Droste moved to adjourn the meeting at 10:38. p.m. Second by Strayton. Ayes: Five. Respectfully submitted, 2I /7' Linda Jentink, ity Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2004 -1. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JANUARY 14, 2004 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on Wednesday, January 14, 2004 at 6:30 p.m. in the Council Chambers at City Hall. Mayor Droste and Council Members, Riley, Shoe Corrigan, Strayton, and DeBettignies were present. Also in attendance were City Administrator Verbrugge, Community Development Director Lindquist, and Parks Recreation Director Schultz. City Administrator Verbrugge requested an Executive Closed Session for the purpose of discussing labor relations. Mayor Droste approved the addition of an Executive Closed Session at the end of the meeting. Pavement Management Program City Engineer Brotzler gave a Power Point presentation for the management program software for street maintenance in the City of Rosemount. The purpose of the software program is to give staff and City Council the tools to manage the streets using regular maintenance to enhance the life- period of the pavement. Fieldwork was done in 2002 to visually score all paved streets in Rosemount. This inventory was entered into the software program and ranked. The program can now evaluate strategies to sealcoat or overlay or reconstruct any street with projections as to when regular maintenance needs to be done and the expense. The program is owned by WSB Engineering and the City of Rosemount would hold a license to use it. The largest expense was providing the inventory of street information. Once the program is initiated, one -third of the total miles of streets will be reviewed for maintenance every three years. The funding approach was discussed using a ramp -up or jump -up program to determine the amount of money to place into the operating budget each year. It could be looked at as insurance for the street maintenance. Ehlers and Associates will be presenting Key Financial Strategies over four upcoming meetings which may provide additional information on funding. Brockway Environmental Assessment Worksheet City Engineer Brotzler and Andrea Moffit from WSB Engineering have prepared a mandatory Environmental Assessment Worksheet (EAW) for residential development at the Brockway Glass Factory and golf course site. The EAW was paid for by the developer, CPDC. Some environmental issues have been identified by Minnesota Pollution Control Agency (MPCA) and Dakota County. The schedule for completion of the EAW will proceed with City Council authorization of distribution on February 3; publication in the EQB Monitor on February 16; comment period from February 16 to March 17, 2004; and City Council will considered the need for an Environmental Impact Statement (EIS) on April 6, 2004. Ms. Moffit presented information on three wetland areas; two have some contamination from effluent from the Brockway Glass Factory. These two may require a sediment pond prior to discharging to the main storn»vater system. Part of the stonmvater system may be directed to a low spot on the west side of Highway 3 which would require easement acquisition. The developer would be charged a Stormwater Ponding Fee. MPCA approval would be needed for all proposed wetland and stormwater system plans. There is no ground water contamination. Mayor Droste expressed relief that this site would be redeveloped into a viable part of Rosemount. Ordinance Review of Sideyard Setback Community Development Director Lindquist presented information gathered from communities on front%reariand side -yard setback zoning regulations and lot sizes. It was noted that Planned Unit Developments (PLUDs) allow developers to relax the regulations if something is gained for the City. It is harder to distinguish a benefit toward all on individual lots. Council was aware of 1 1 1 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JANUARY 14, 2004 maintaining neighborhoods by not taking away the character or "look" of it. Discussion included how a neighbor's window may be ten feet from a garage wall and that would not be desirable. Lindquist noted space that is not maintained (between houses) often becomes a storage area. City Administrator Verbrugge instructed that if the main reason to change the ordinance could be determined, then staff could prepare a policy to direct that thought. Issues discussed were neighborhood stabilization, maintaining home values, crime preventionw'code enforcement, safety, and the idea of allowing residents to grow into their homes in order to keep them in Rosemount. Council was split on directing staff to proceed. Further consideration may occur at a regular City Council meeting. 2004 Legislative Policies City Administrator Verbrugge explained the legislative process is in the second year of its session and will be focused primarily on passage of a capital- bonding bill. Spending and tax bill changes are unlikely. However, there are many special interest groups that have issues they will want addressed. Verbrugge proposed statements from the City of Rosemount on the Great River Energy Power Plant, Aggregate Tax, Metropolitan Council Livable Communities Program, Tax Increment Financing, Transportation Funding, Air Cargo Regional Distribution Center, Postal Facility. MCES Issues, Open Space Preservation, Local Govenunent Aid, Levy Limits, Reverse Referendum, and St. Joseph Catholic Church. Council could promote support by issuing a resolution including their noted concerns. The City was asked to support a Minnesota Zoo Bonding Bill by Dakota County Commissioner Branning. Council Member Strayton stated it was his priority to keep levy limits and he would be willing to testify at the Legislature. Verbrugge indicated he would prepare a resolution and letter to the Legislature for consideration by City Council in February. UPDATES Wiklund Property Preservation Parks and Recreation Director Schultz reported that an application was submitted to the Dakota County Farmland and Natural Areas Program and the Department of Natural Resources Metro Greenway Program for the permanent preservation of the property at 12110 Bacardi Avenue, owned by Aina Wiklund. The property would be split into two lots. One six -acre lot would have a life- estate setup with the land going to a conservation organization after Ms. Wiklund no longer lives there. And the second lot would be a nineteen -acre lot of open space that would be preserved and restored to a meadow and owned by the City. There is another Landowner who owns a strip of land along the front of the property, approximately one -half acre. Staff is continuing to work on this issue. Community Facilities Task Force Parks and Recreation Director Schultz is organizing a Task Force to be comprised of representatives from local organizations as well as at -large members of the community. Task force members will help conduct a needs assessment of what type of facilities are needed, such as a senior center, an arts center, a youth center, an aquatic center, an additional sheet of ice, etc. Rosemount residents who are interested in being involved in this process are encouraged to submit an application to be a part of the community facilities task force. Students are encouraged to apply. Please contact the Rosemount Parks and Recreation Department at (651) 322 -6000 for an application fomu or if you have any questions regarding the task force or view it on the City web page. 1 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE JANUARY 14, 2004 Rosewood Estates Community Development Director Lindquist requested direction from City Council on the land use for the parcel east of the railroad tracks on Highway 3 and north of CR 42. Discussion included commercial or business park uses along CR 42 and changing the proposed single- family homes to townhomes. The entire parcel would seem to be more of a commercial use because of the closeness of the railroad. The lot size would allow a larger chain retail center. Staff was asked to research interest in the site and to inquire with Maxfield Associates how this might affect local businesses. Mayor Droste noted that the Downtown Redevelopment Committee should be consulted. SKB Trust Fund City Administrator Verbrugge suggested an investment policy for growing the user fees submitted to the Trust Fund for future generations. There were three scenarios presented showing investment returns of 10 8 and 6 Earnings are now at 5% to 6 Staff would also like to have a better understanding of what happens to the Trust Fund when the landfill is completed in 2017 (estimate). SKB will be contacted for negotiations. Key Financial Strategies The January 28' meeting needs to be rescheduled. Staff has planned four meetings for City Council and Port Authority with Ehlers and Associates. Notice will be sent out. Executive Closed Session The City Council and key staff convened to a closed meeting regarding labor relations with adjournment to follow immediately. The regular Committee of the Whole was adjourned at 10:30 p.m. to the Executive Closed Session which adjourned at 11:00 p.m. Respectfully submitted, City Clerk Jentink The City Council's Agenda Packet is Clerk's File 2004 -02. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL JOINT MEETING JANUARY 20, 2004 Pursuant to due call and notice thereof, a Special Joint meeting of the Rosemount City Council, Port Authority, Planning Commission, and Downtown Redevelopment Committee was duly held on Tuesday, January 20, 2004, at 5:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West, Rosemount, Minnesota. The purpose of the meeting was to further educate staff and city advisory commissions on the financial program of Tax Increment Financing (TIF). Finance Consultants Mark Ruff and Sid Inman from Ehlers and Associates presented a Power Point program titled, "Redevelopment in Downtown Rosemount: Implement the Vision and Plan." Mayor Bill Droste called the meeting to order and welcomed all participants. Council Members present were: Kevin Strayton, Mark DeBettignies, Mary Riley, and Kim Shoe Corrigan. Port Authority Commissioners present were: City Council Members and Chair Mike Baxter, Cami Zimmer, and Jay Tentinger. Planning Commissioners present were: Jason Messner, Myron Napper, and Terry Zurn. Downtown Redevelopment Committee members were: Maureen Geraghty Bouchard, Richard Daniels, Leslie DeFries, and Chuck Terry. Resident Steve Terry attended. City Staff present were: City Administrator Jamie Verbnugge, Community Development Director Kini Lindquist, City Planner Rick Pearson, Assistant City Planner Jason Lindahl, and Finance Director Jeff May. Tax Increment Financing was started in the 1970's and has been modified many times. Rosemount's first TIF District was in 1979 and expired in 2001. The complexities of this financing tool and how it interacts with Minnesota property tax laws has required consultants who are specialists. Also, developers who have experience with this process are a real asset to project goals. Once a TIF District is established by the local government, it can be audited by the State Auditor and after six months it can be challenged by a concerned business. This tool allows taxes in the established district to go to Dakota County to be distributed according to State law. The percentage is split (not equally) between the county, school district, city and Fiscal Disparity Pool (this is for low income suburban areas). There is no limit to the number of TIF Districts that can be established within a city. The purpose of this tool is to help development, or redevelopment, happen where it might not be able to otherwise. This is sometimes called the "but, for" test. It is beneficial if the development will provide needed jobs or services for the community. The taxes that are returned to the City have restrictive uses. The funds cannot be used for recreational purposes such as parks, health clubs, trails, or golf courses. The funds can be used for example for streetscapes, purchase of land, demolition of property, and infrastructure. Not all parcels within a District stay in that District if they are not acted on within the first three years. If a parcel is developed five years after the start of the district there would be limited financing available. Mark Ruff cautioned that the use of eminent domain is not encouraged to acquire land because of incurred expenses. A willing buyer who will negotiate is a better cost saving tool for time and money. Often a moral decision will need to be made rather than the most financially advisable. Ruff also advised that additional funding can often be procured from organizations such as Metropolitan Council or Dakota County Community Development Agency. TIF Districts are not always successful, patience and good planning are a must. Mayor Droste acknowledged that this would not be a simple project but encouraged a thorough planning process. Mayor Droste thanked everyone for their participation. ROSEMOUNT CITY COUNCIL PROCEEDINGS JOINT SPECIAL MEETING JANUARY 20, 2004 Downtown Redevelopment Committee Member Maureen Geraghty Bouchard reminded everyone that the community has been talking about changing the downtown area for twenty years and she would like this to move forward. There being no further business the meeting adjoumed at 7:01 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2004 -03. City Clerk Linda le ink Recording Secretary 2 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 20, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, January 20, 2004, 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, DeBettignies, Strayton, and Shoe Corrigan present. Also present were City Administrator Verbntgge, Attorney Mike Norton, City Engineer Brotzler, Community Development Director Lindquist, Parks and Recreation Director Schultz, Finance Director May, and Human Resources/Communication Coordinator Weitzel. Fire Department Captain Kevin Tucker was also in the audience. The Pledge of Allegiance was said. Mayor Droste moved to accept the agenda. Second by DeBettignies. Ayes: Five. Nays: None. The Agenda was adopted. Consent Agenda Mayor Droste requested that 6.i., Order Project and Authorize Preparation of Plans Specifications for Trunk Highway 3, be pulled for discussion. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.i. Order Project and Authorize Preparation of Plans Specifications for Trunk Highway 3 for discussion. Second by Riley. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. a. Minutes of January 6, 2004 Regular City Council Meeting b. Minutes of December 10, 2003 Committee of the Whole Meeting c. Bills Listing d. Fire Dept. Bids for New Breathing Apparatus and Compressor System e. Resignation of a Firefighter f. On Sale Liquor License on Public Premise for Celt's g. Gambling Premise Permit for AMF City Limits h. Receive Feasibility Report'Set Public Hearing, 2004 Street and Utility Reconstruction Improvements, City Project 376 J• k. 1. Payment #11 Final Connemara Trail, Phase I, City Project 330 Set Public Hearing Wellhead Protection Plan Wetland Conservation Act Replacement Plan Application and Decision for Empire WWTP Outfal1 m. Hiring of Planning%Personnel Secretary n. Teamsters Labor Agreement 2004 -5 o. VEBA Post Retirement Health Care Funding Plan (All Non Union) p. Amendment to the 2004 Fees and Fee Policy For Parks Dedication Fees q. Lease and Maintenance Agreements with Department of Military Affairs r. Proclamation for National Mentoring Month 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 20, 2004 Order Project and Authorize Preparation of Plans Specifications for Trunk Highway 3, Connemara Trail to CR 38) Improvements, City Project 385 Mayor Droste requested City Engineer Brotzler to review the upcoming project. City Engineer Brotzler noted the main components of the street improvements to Highway 3. Two traffic signal systems are suggested for the intersections of Highway 3 at Connemara Trail and McAndrews Road. Turn lanes will be added on Highway 3 at 132" Street West and there will be striping changes for some areas. Minnesota Department of Transportation has approved the request for funding up to a maximum amount of $467,300 as part of the Municipal Agreement Program. The project cost will also be funded by City Municipal State Aid funds and Dakota County funds. The City cost will be $243,225 with completion by November, 2004. Mayor Droste requested that updates on the project be posted on the City web site. MOTION by Droste to adopt A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR TRUNK HIGHWAY 3 (CONNEMARA TRAIL TO COUNTY ROAD 38) IMPROVEMENTS, CITY PROJECT 385. Second by DcBettignies. Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Water Conservation Ordinance City Engineer Brotzler reviewed the current ordinance that restricts the usage of municipal water for lawn and landscaping maintenance. The ordinance restricts usage on an odd -even calendar day basis by house address in order to conserve water usage. This is necessary because of the high demand for water during hot weather. This water usage demand reduces the water pressure, in some sections of the city, which is necessary for the fire department to use to fight fires. Rosemount continues to grow and will have to determine if additional water towers and wells are needed. Brotzler compared the gallons of water used in 2001, 3.8 million gallons per day, to 2002 /3 which was 4.8 to 5.35 million gallons per day. The amendment to the current ordinance would shift the enforcement from the police department to the public works department, begin a total ban on watering between the hours of noon and 6:00 p.m., effective May 1 to August 31, and water ban violation fees will be added to the residents watering bill as follows: I" violation, a warning, 2 violation, 550; r' violation, $100; and 4 111 violation, 5200. Council Member DeBettignies pointed out that these restrictions are for lawn and landscaping and do not apply to washing cars, watering flower, or new sod for thirty days. Council Member Strayton noted that there is an appeal process to the Utilities Commission and the new ordinance does not require a court appearance as in the past. Mayor Droste noted that education materials will be distributed through the water billing, web page, and city newsletter. Irrigation meters are available for interested residents who wish to lower their sewer usage bill. MOTION by Riley to hold a First Reading on the Water Conservation Ordinance and set February 3, 2004 for the Second Reading and adoption. Second by Shoe- Corrigan. Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. MOTION by Riley to adopt A RESOLUTION ESTABLISHING PENALTIES FOR VIOLATIONS OF CITY CODE SECTION 4 -1A -3. Discussion ensued. Consensus was to 1 ROSEMOUNT CiTY PROCEEDINGS REGULAR MEETING JANUARY 20, 2004 give residents time to respond to this water conservation ordinance amendment prior to its passage. Riley withdrew her motion. This will be considered at the February 3, 2004 City Council meeting. Biscayne Pointe North (Abbott Property) Giles Properties, inc. Community Development Director Lindquist presented the proposal from Giles Properties for a ten acre parcel's development for 22 single family homes. This property was formally owned by Tollefson Development which had proposed a Planned Unit Development Plan. The current proposal is very similar but includes more detail to assist in the review process. There are no variance requests with this plan. This plan has additional landscape screening to the north and more tree preservation. The lots will be custom homes with individual lot grading to allow the best house design and lot use. There is a pipeline easement and a drainage pond on the parcel. Council Member Riley questioned the smaller lot being at the entryway of the development. John Anderson, the developer, noted that the pipeline easement restricted planting of trees and placement of the house footprint. Council suggested placing the garage on the north side of the home to insure the maximum of screening from CR38. Anderson said screening could be provided with bushes rather than trees on Lot 12 Block 2 and there are 22 boulevard trees plus 46 additional trees proposed through out the development. Council asked how a new lot owner would know of restrictions on the lots next to the pipeline easement. Attorney Norton said that usually a hone buyer hires an attomey of record at closing to disclose any title interests. The developer, Mr. Anderson, noted that at the time of sale any lot restrictions should also be disclosed. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BISCAYNE POINTE NORTH subject to conditions and an additional condition for Lot 12 Block 2 to place the garage on the north side of the lot. Second by Shoe Corrigan. Ayes: Riley, Strayton, DeBettignies, Shoe- Corrigan, Droste. Nays: None. Motion carried. Announcements City Administrator Verbrugge noted a change for the Key Financial Strategies meeting that was to be held on January 28, 2004. That will be held with the Committee of the Whole meeting on February 11, 2004 beginning at 6:00 p.m.. one -half hour earlier than normal. Mayor Droste reviewed the upcoming meetings noting the following special meeting: Trails and Pedestrian Improvements Informational Meeting on January 29, 7:00 p.m to 8:00 p.m. at the Community Center. Also noted was the Downtown Redevelopment Committee Open House on February 5, 5:30 p.m. to 8:00 p.m. at the Community Center Auditorium. Mayor Droste moved to adjourn the meeting at 8:32. p.m. Second by Riley. Ayes: Five. 1 1 The City Council Agenda Packet is Clerk's File 2004 -4. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 20, 2004 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 3, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, February 3, 2004, 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, and Shoe Corrigan present. Council Member Riley was ill. Also present were City Administrator Verbrugge, City Attorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Parks and Recreation Director Schultz, Recreation Supervisor Maurer, and Human Resources /Communication Coordinator Weitzel. The Pledge of Allegiance was said. City Administrator Verbrugge requested two items be added to the Consent Agenda: 1) D.A.R.E. and Police Liaison Services Agreement for the 2003 -2004 school year; and 2) Reschedule March 2, 2004 City Council meeting due to precinct caucuses. Mayor Droste moved to accept the agenda. Second by Strayton. Ayes: Four. Nays: None. The Agenda was adopted. Certificate of Appreciation for Eagle Scout Award Mayor Droste commended Ryan Spindler, 4202 157` Street West, for receiving the highest award achievable from the Boy Scouts of America, the Eagle Scout Award. Mr. Spindler's scout project provided dressers for the Catholic Charities' Furniture Warehouse for needy families. Mr. Spindler had support from Boy Scout Troop 207, his Senior Patrol Leader Mark Croke, and Scout Master Russell Patience. Mr. Spindler's parents, Mark and Cindy Spindler and his family were in the audience. Mayor Droste presented Ryan Spindler with a Certificate of Appreciation from the City of Rosemount to honor his accomplishments. Mr. Spindler thanked the city and noted that the Boy Scouts had provided him with many fun experiences. Minnesota Recreation and Parks Association (MRPA) Communications Award Parks Recreation Director Schultz explained that the joint efforts of the cities of Eagan, Inver Grove Heights, Apple Valley, Rosemount, Independent School District 196 and the Southwest YMCA had produced a Youth and Teen Program Guide for 2002 from the MRPA. The guide was designed to target youth in grades 5 to 12 with a variety of traditional and non- traditional recreational opportunities, volunteer work, and job opportunities. Recreation Supervisor Lisa Maurer accepted the award from Sandy Breuer of Eagan Parks Department, representing the MRPA. Breuer commended the joint efforts and Rosemount's excellent professionalism. Ms. Maurer accepted the award on behalf of the Parks Recreation Department and their staff. Consent Agenda Mayor Droste requested that 6.s., D.A.R.E. and Police Liaison Services Agreement for the 2003- 2004 School Year; and 6.t. Reschedule March 2. 2004 City Council Meeting be added to the Consent Agenda. Council Member Strayton requested discussion on Items 6. h.,j., k., and 1. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.h., j., k., and 1. for discussion and the addition of Items 6. s. and t. Second by Shoe Corrigan. Ayes: Droste, Strayton, DcBettignies, Shoe -Con gan. Nays: None. Motion carried. a. Minutes of January 20, 2004 Regular City Council Meeting b. Minutes of January 14, 2004 Committee of the Whole Meeting 1 1 1 ROSEMIOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 3, 2004 c. Minutes of January 20, 2004 Special Joint Meeting d. Bills Listing e. Receive Donation from Parks Recreation Department f. Receive Donation from Fire Department g. Expenditure Approval from Donation Account for Parks Recreation Department h. Meadows of Bloomfield Planned Unit Development (PUD) Agreement Discussed i. Receive Feasibility Report/Set Public Hearing Meadows of Bloomfield, City Project 380 j. Bloomfield 7 Addition Final Plat and Subdivision Agreement Discussed k. Authorize Preparation of Plans Specifications- Bloomfield 7' Addition, City Project 384 1. Brockway Property Environmental Assessment Worksheet (EAW), City Project 381 Discussed m. Authorize Feasibility Report- Biscayne Pointe North, City Project 370 n. 2004 Solid Waste Hauler Licenses o. Payment #10 Final Trunk Highway 3 Improvements, City Project 318 p. Tier 11 Comprehensive Sewer Plan q. Wakota Mutual Firefighter's Aid Association Fire Service Agreement r. Hiring of Parks Supervisor s. D.A.R.E. and Police Liaison Services Agreement for the 2003 -2004 School Year t. Reschedule March 2, 2004 City Council Meeting Meadows of Bloomfield Planned Unit Development Agreement Council Member Strayton reviewed the process for approval of a Planned Unit Development (PUD) and questioned what would trigger an amendment to the PUD. Community Development Director Lindquist explained the administrative, minor, and major amendments. The administrative amendment does not require City Council consideration, but the minor and major amendments do. MOTION by Strayton to authorize the execution of the Planned Unit Development Agreement for Meadows of Bloomfield Centex Homes. Second by DeBettignies. Ayes: Strayton, DeBettignies, Shoe- Corrigan, Droste. Nays: None. Motion carried. Bloomfield 7 Addition Final Plat and Subdivision Agreement Council Member Strayton asked about the pipeline easement. City Engineer Brotzler responded that Biscayne Pointe North was a similar issue as discussed regarding limited landscaping that was allowed in the pipeline easement. The agreement's Condition 3. covered compliance with pipeline easements. Council Member Shoe Corrigan had concepts for the driveway access across the pipeline easement. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR BLOOMFIELD 7 ADDITION final plat request from Centex Homes to subdivide approximately 27.1 acres of the Bloomfield development into 33 single- family units and enter into a subdivision agreement. Second by Shoe Corrigan. Ayes: DeBettignies, Shoe Corrigan, Droste, Strayton. Nays: None. Motion carried. Authorize Preparation of Plans Specifications for Bloomfield 7` Addition, C.P. 384 Council Member Strayton withdrew his discussion request. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 3, 2004 MOTION by DeBettignies to adopt A RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR BLOOMFIELD 7 ADDITION STREET AND UTILITY IMPROVEMENTS CITY PROJECT 384. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste, Strayton, DeBettignies. Nays: None. Motion carried. Brockway Property Environmental Assessment Worksheet (EAW), City Project 381 Council Member Strayton requested a review of the process that triggers an EAW. City Engineer Brotzler explained that smaller developments use the EAW and that larger developments use the EIS (Environmental Impact Statement) such as airport planning or major interchange development. The EAW is mandatory for residential developments based on the number of housing units. Strayton noted he had received some calls from concerned residents. Community Development Director Lindquist pointed out that even when development is proposed in phases, the entire concept is considered. A recent example of that is the Evermoor development. MOTION by DeBettignies to authorize distribution of the Brockway Property Environmental Area Worksheet (EAW) for the 30 -day comment period. Second by Shoe Corrigan. Ayes: Droste, Strayton, DeBettigiiies, Shoe Corrigan. Nays: None. Motion carried. Water Conservation Ordinance Second Reading City Engineer Brotzler explained the current ordinance for water conservation that employs a system of watering for residents dependent on even and odd calendar dates and matching the last number of their address house number to the date, either even or odd. In the past, the Police Department would issue a tag which was a misdemeanor for violation of the ordinance and the resident would have to go to court in response, resulting in a fine. The proposed amendment would allow the penalty to be imposed administratively and a fine would result. This would take the burden off the Police Department and allow the Public Works Department to notice violators. Brotzler noted that the aim of this amendment is to educate the public on water conservation and staff does not wish to impose any violations. Also, the amendment would require that all residents restrict their lawn watering between the hours of noon and 6:00 p.m. everyday between May 1" and August 31st. Watering at this time of day is less effective and more wasteful during hot weather. Discussion was held whether to use a restricted seasonal period or the calendar year. City Attorney LeFevere noted that a calendar year is easier to enforce. The ordinance and resolution were adjusted accordingly. MOTION by Shoe Corrigan to ADOPT AN ORDINANCE RELATING TO LAWN SPRINKLING IN THE CITY; AMENDING ROSEMOUNT CITY CODE, TITLE 4 CHAPTER 1, SECTIONS 4 -1 -3 AND 4 -1A -6 AND AMENDING SECTION 1 B. Second by Strayton. Ayes: DeBettignies, Shoe Corrigan, Droste, Strayton. Nays: None. Motion carried. MOTION by DeBettignies to adopt A RESOLUTION ESTABLISHING PENALTIES FOR VIOLATIONS OF CITY CODE SECTION 4 -1A -3 and the suggested changes under numbers 1 ROSEMOUNT CiTY PROCEEDINGS REGULAR MEETING FEBRUARY 3, 2004 1 to 4 striking the "one" and "period" to be replaced by "calendar." Second by Strayton. Ayes: Shoe Corrigan, Droste, Strayton. DeBettignies. Nays: None. Motion carried. Special Event Policy Parks Recreation Director Schultz presented the Special Event Policy in the hopes of building a strong future for special events and to help assist the volunteer coordinators. This would provide guidelines governing the review of requests from such organizations for in -kind services provided by the City. This policy would also help insure that events are being organized in an efficient and effective manner. This policy would help by having a recorded history of the organization of events on an annual basis which would help insure continuation of the events into the future. Council asked that staff continue to be reasonable and work with these committees in an effort to pass on these new requirements. MOTION by Shoe Corrigan to approve the Special Event Policy. Second by DeBettignies. Ayes: Droste, Strayton. DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Villella Lot Slit and Recombination of Outlot B, Country Hills Fifth Addition Community Development Director Lindquist presented Mr. Ronald Villella's request to divide Outlot B of County Hills Fifth .Addition, north of Daffodil Path and south of 133` Street. Mr. Villella would then sell the land to the adjoining property owners. Although there is very little usable property on each piece it would increase the square footage of each lot thereby allowing more square footage for structures. Mr. Villella also requested that the area charges be waived. The total area charges for the 1.41 acre site would be $9,431.65. These fees are normally charged as development occurs. About half of the outlot is pond, it is landlocked with no street frontage and therefore is not considered a buildable lot for single family residential use. Council reasoned that the more exemptions there are from core fees, the higher rates go up on the remaining properties. Outlots are exempt, however, had this been platted and added to the lots at the time of Country Hills Fifth development, they would have had to pay the area charges. Staff recommends collection of the area charges. Council and staff discussed the implementation of the area core trunk charges in 2000. This was formally collected with the building permit application. The new process splits the charges between the trunk area charge at final plat approval and the other half at the time of the building permit. The area charges are costly, but not unreasonable. The Council majority was sympathetic but felt the charges were fair. Ronald Villella, 13393 Danube Circle, reported he had asked the city planner about what charges might be prior to the purchase of the outlot. He felt he received wrong information and the Title Search did not show any outstanding fees. He said the City should be accountable for what they told him. City Attorney LeFevere explained that these development fees are not special assessments. When real property is purchased area charges and park dedication fees are not listed on a Title Search. Mr. Villella presented City Council with a list of comments regarding the Planning Commission minutes of January 13, 2004. These were discussed. Other developments with outlots were discussed. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 3, 2004 Council Member Shoe Corrigan was concerned that misinformation was given; she pointed out that this is not good customer service. However, she was not willing to change the policy and felt the area charges should be collected. City Attorney LeFevere noted that it is a benefit to have privately owned land since taxes are paid on it and someone maintains it. Council Member Strayton was willing to waive the fee in this case. MOTION by Shoe Corrigan to adopt A RESOLUTION APPROVING THE ADMINISTRATIVE /SIMPLE PLAT FOR OUTLOT B, COUNTRY HILLS FIFTH ADDITION subject to conditions. Second by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste. Nays: Strayton. Motion carried. 2004 Legislative Policies City Administrator Verbrugge presented the legislative policies statement that identifies local, regional and statewide issues of significance to the City. These issues were previously discussed at Council work sessions. The priorities were divided into three levels; A -top priority, B- supportive, and C -will monitor. Mayor Droste approved of the document and appreciated the proactive approach of the City. The top priority issue was the Air Cargo Regional Distribution Center proposed by the Greater Metropolitan Area Foreign Trade Zone. MOTION by Shoe Corrigan to adopt the City of Rosemount 2004 Legislative Policies as presented. Second by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste, Strayton. Nays: None. Motion carried. Minnesota Zoo Resolution of Support City Administrator Verbrugge requested the City Council's support of Governor Tim Pawlenty's bonding bill for $34.2 million in financial assistance to the Minnesota Zoo. Right now the Zoo has had to close several exhibits because of lack of funding. The Zoo is a benefit for all the residents of Minnesota and provides attractive educational experiences for nearly one million visitors each year. Verbrugge noted that the Zoo is now twenty -five years old and maintains staff that are leaders in world -wide animal conservation. The resolution would supply legislative support for passage of the bonding bill. MOTION by DeBettignies to adopt A RESOLUTION SUPPORTING STATE FINANCIAL ASSISTANCE FOR THE MINNESOTA ZOO. Second by Strayton. Ayes: Shoe Corrigan, Droste, Strayton, DeBettignies. Nays: None. Motion carried. Announcements City Administrator Verbrugge noted the Open House for the Downtown Redevelopment Committee on February 5' beginning at 5:30 p.m. to 8:00 p.m. at the Rosemount Community Center Auditorium. Mayor Droste reviewed the upcoming meetings and noted the earlier change in start time for the February 11 Committee of the Whole, 6:00 p.m. City Hall will be closed for Presidents' Day Holiday, February 16. On February 17, 7:30 a.m. the State of the City Address will be sponsored by the Northern Dakota County Chambers of Commerce. 1 1 Mayor Droste moved to adjourn to the Executive Closed Session for labor relations discussion at 9:35. p.m. Second by Strayton. Ayes: Four. The City Council Agenda Packet is Clerk's File 2004 -5. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 3, 2004 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION FEBRUARY 11, 2004 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on Wednesday, February 11, 2004 at 6:00 p.m. in the Council Chambers at City Hall. The half -hour earlier start time was to allow time for a presentation by Ehlers and Associates. Mayor Droste and Council Members Riley, Shoe Corrigan, Strayton, and DeBettignies were present. Also in attendance were City Administrator Verbrugge, Community Development Director Lindquist, Parks Recreation Director Schultz, City Engineer Brotzler, Finance Director May and Police Chief Kalstabakken. Key Financial Strategies City Administrator Verbrugge introduced Jim Prosser and Rebecca Kurtz from Ehlers Associates, to present the second part of the Key Financial Strategies for the City of Rosemount. This will include suggested time frames and staff requirements. Staff will review the material updates and refinements can be made. This will also include a section on funding capital which will require Council and staff to determine not just cost, but how much change our community can take. Priorities will need to be set. A comparison of concepts and strategies will constantly have to be a part of planning. Issues and rationale by staff will need to be reviewed. A list was presented of items with projected start date, costltime estimate, stage, and comments. City Administrator Verbrugge wished to include a Fire Station which is listed in the Capital Improvement Budget. Ehlers noted that it is very important to include the community in the decision and planning of major projects even if they will not go to referendum. So process is very important. It is important to select which line items may need public involvement. It is very helpful to have feedback from residents involved and this is especially important politically. Each department gave updates on the listed items. Mr. Prosser said they will provide an updated spreadsheet. show revenues and expenditures, and recommend a time frame for issues. Prosser noted that City Council and staff are the best judges on what is night for Rosemount. Feed -back is expected, pop -up priorities may arise, and then the document can be adjusted. The next meeting on Key Financial Strategies will be in April. Fund Balance Policy Finance Director May presented the issue of compensated absences and how to handle that without changing our payroll system. Finance Director May recommended designating a portion of our General Fund as encumbered for compensated absences. The Fund Balance Policy would need to have one sentence amended to read, "Fund balances that are reserved for encumbrances and reserved for compensated absences will be excluded from the calculation of the 55% as they are designated for a specific purpose." Council was comfortable with this amendment. 42/52 Comprehensive Planning Study Community Development Director Lindquist presented the issue of appropriate land uses in the County Road 42 /Highway 52 area on the east end of Rosemount. Lindquist noted this could take on more urgency depending on the timing for highway reconstruction and the potential development of an Air Cargo facility. Staff requested direction regarding the process for doing a land use study, including if they would like to create a committee for that purpose. Council Member Strayton thought this study may be premature and that it may be more prudent to wait and see if the Air Cargo facility is located in Rosemount. Discussion included establishing a business park and reviewing the zoning plan. Consensus was to hold off on beginning the study for several months. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION FEBRUARY 11, 2004 Rosewood Estates Community Development Director Lindquist requested direction from City Council on the land use for the parcel east of the railroad tracks on Highway 3 and north of CR 42 and the parcel considered the "church property." The developer indicated they would like townhomes on the western lot, but staff is interested in promoting commercial uses on the property. Dakota County Community Development Agency (CDA) submitted a letter for a potential townhome development and the letter stated that Lighthouse Community Church was considering selling some of its property. CDA would require about five acres for their project. Council indicated they were comfortable with a possible land use change. Mike Olson of Progress Land Company shared some concerns his company has as property owner. Sideyard Setback Requirements Community Development Director Lindquist presented information gathered from communities on frontirearrand side -yard setback zoning regulations and lot sizes. It was noted that Planned Unit Developments (PL'Ds) allow developers to relax the regulations if something is gained for the City. Council was aware of maintaining neighborhoods by not taking away the character or "look" of it. Discussion included how a neighbor's window may be ten feet from a garage wall and that may not be desirable. Lindquist noted space that is not maintained (between houses) often becomes a storage area. City Administrator Verbrugge instructed that if the main reason to change the ordinance could be detemtined, then staff could prepare a policy to direct that thought. Issues discussed were neighborhood stabilization, maintaining home values, crime prevention /code enforcement, safety, and the idea of allowing residents to grow into their homes in order to keep them in Rosemount. Council decided to look at changing the R1 -A zoning district standards to allow 5' sideyard setbacks and look at rezoning the Carralton neighborhood to R1A due in part to their proximity to two other R1A neighborhoods. Not all Council Members were in favor of the rezoning change. Fence Ordinance Discussion Community Development Director Lindquist reviewed the general standards for adjoining side yards on corner lots and the regulations for fences. Traffic sight lines were a concern. It was suggested to remove "fence" from the list of physical items requiring a setback. Concept was also voiced on what to do about the many violations pointed out to staff. The question was raised as to how many fence variances are requested in a year? Mayor Droste pointed out that one resident's request may not be reason to change an entire policy. It was recommended to have the Ordinance modified to require a 15 foot setback for fences rather than 30 feet. The Council directed staff to "get the word out" on this proposal and see what kind of feedback is required. An ordinance amendment would go before the Planning Commission and City Council. UPDATES Radio Communications infrastructure Police Chief Kalslabakkcn gave some background information on the current consolidation of public safety con services in Dakota County. A task force group, the Radio Work Group was created to prepare findings and make recommendations. This group recommended making a transition to the regional 800 MHz system to be implemented by 2006. Dakota County will continue with the VHF/UHF equipment but develop a strategy to move to the digital 800 2 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION FEBRUARY 11, 2004 MHz system. This will allow sharing of the communication equipment costs as well. The dispatch center operations are considered a separate issue at this point. Mayor Droste thanked the Police Department for their efforts on reducing speeding motorist in residential areas. Leprechaun Days Parks Recreation Director Schultz presented information on the two options for coordinating this year's event. The first was to have the event nm the same as in years past, having a committee of residents fulfilling all of the requirements of the new special event policy. The second option was to have city staff take on the lead role of organizing the event for one year with help from citizen volunteers. The City would then be the fiscal agent responsible for the event. The City would assist with getting the structure of the event more clearly defined. Schultz introduced Joe Walsh, a long time volunteer with the event. The Council felt that the event could be run either way as long as the as community members were involved and the event is organized to be successful in the future. Schultz will contact the event coordinators from last year and discuss this matter with them. Commission Appointments Mayor Droste requested that all applicants be interviewed even if they currently hold a commission seat. This will allow City Council to get feed back on the operations of the commission. Council selected Saturday, March 13 9:00 a.m. to noon for interview appointments. The appointments will be made at the March 17 regular City Council meeting and commissioners will begin their tents after April 1. The regular Committee of the Whole was adjourned at 10:30 p.m. Respectfully submitted, City Clerk Jentink The City Council's Agenda Packet is Clerk's File 2004 -06. ROSEMOUNT CITY PROCEEDINGS REGULAR IILEETING FEBRUARY 17, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, February 17, 2004, 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, and Shoe Corrigan present. Council Member Riley was on a scheduled vacation. Also present were City Administrator Verbrugge, Attorney Corrine Thompson, City Engineer Brotzler, Community Development Director Lindquist, and Parks and Recreation Director Schultz. Support staff attending was Project Engineer Dave Hutton from WSB Engineering and John Greer of Barr Engineering. The Pledge of Allegiance was said. Mayor Droste moved to accept the agenda as presented. Second by DeBettignies. Ayes: Four. Nays: None. The Agenda was adopted. Consent Agenda Council Member Strayton requested that 6.n. Calling for Tax Increment Financing (TIF) District Public Hearing be pulled for discussion. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.n. for discussion. Second by Shoe Corrigan. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. a. Minutes of February 3, 2004 Regular City Council b. Bills Listing c. Expenditure Approval from Donation Account for Parks Recreation Dept. d. Receive Donation for Parks Recreation Dept. from SKIS e. 2004 Solid Waste Haulers License f. Receive Bids /Award Contract -Well #12, City Project 354 g. Amend Fund Balance Policy (F -7) h. Mineral Extraction Pemiit Renewal for Ped Ames Construction i. Mineral Extraction Permit Renewal for Furlong Ames Construction j. Mineral Extraction Permit Renewal for Solberg Aggregate Co. Flint Hills Resources k. Mineral Extraction Permit Renewal for Vesterra, LLC 1. Community Facilities Task Force m. Linder's Flower Mart Seasonal Pennit Renewal n. Calling for Tax Increment Financing (TIF) District Public Ilearing Discussion 6.n. Calling for Tax Increment Financing (TIF) District Public Hearing Council Member Strayton confirmed with staff that this action calling for a Public Hearing for a TIF District does not mean automatic approval. Discussion will follow the Public Hearing to determine its benefits or shortfalls for the City of Rosemount. MOTION by DeBettignies to adopt A RESOLUTION CALLING FOR A TAX INCREMENT FINANCING DISTRICT PUBLIC HEARING TENTATIVLY SCHEDULED ON APRIL 20, 2004. Second by Shoe Corrigan. Ayes: DeBettignies, Shoe Corrigan, Droste, Strayton. Nays: None. Motion carried. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 17, 2004 PUBLIC HEARING: 2004 Street Utility Reconstruction, City Project 376 City Engineer Brotzler introduced Dave Hutton from WSB Engineering as Project Manager for the maintenance of the City's infrastructure for 2004 Street Utility Reconstruction, City Project 376. This project is scheduled in the City's Capital Improvement Budget and follows the City's Pavement Management Plan. The location for this year's maintenance includes Dahomey Avenue West, Dallara Avenue West, Damask Avenue West, Danbury Avenue West, Upper 14.5` Street West, and 147 Street West. The life expectancy of a paved street is 25 to 30 years. It is cost effective to also update watermain, storm sewer, and sanitary sewer with this project. The Danbury Avenue cul -de -sac has substandard 4" watermain and the majority of the whole location does not have storm sewer. An estimated 110 lineal feet of 8" sanitary sewer needs replacement. Water hydrants will be replaced with updated ones and the 4" cast iron watermain will be replaced with 6" ductile iron watennain pipe. Mayor Droste opened the Public Hearing for audience comments. No comments were offered. MOTION by Droste to close the Public Hearing for the 2004 Street and Utility Reconstruction, City Project 376. Second by DeBettignies. Ayes: Shoe Corrigan, Droste, Strayton, DeBettignies. Nays: None. Motion carried. Mayor Droste reviewed the informational open house held for City Project 376. Concern was voiced there regarding the need for Damask Avenue to be reconstructed. Staff agreed it was not as worn as the other streets because of less use, but it would be much more expensive to replace it individually five years from now. The resident assessment cost remains at $2400 per lot as per the Assessment Policy. Council Member Strayton noted that the lot assessment amount increased $200 from last year. Mayor Droste confirmed that the Affidavits of Mailed, Posted, and Published Notice were on file with the City Clerk's Office. MOTION by Strayton to adopt A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2004 STREET AND UTILITY RECONSTRUCTION, CITY PROJECT 376. Second by Shoe Corrigan. Ayes: Droste, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. PUBLIC HEARING: Wellhead Protection Plan Mayor Droste began the Public Hearing for the Wellhead Protection Plan and confirmed that the Affidavits of Mailed, Posted and Published Notice were on file with the City Clerk's Office. City Engineer Brotzler reported that the State of Minnesota Rule 4720.5350 mandates that the City conduct a public hearing on the WHPP before submitting a plan to the Minnesota Department of Health for final approval. City Engineer Brotzler then introduced John Greer of Barr Engineering Company to explain the Wellhead Protection Plan (WHPP). Greer displayed a map which showed the location of water supply wells, delineation of the Emergency Management Zone, the Wellhead Protection Area, and Drinking Water Supply Management Area. The map also pointed out areas of high vulnerability. Greer explained that the WHPP has 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 17, 2004 been a very thorough and long process. The first part of the Plan was approved June 20, 2002. The WHPP consists of management strategies for the City's source water aquifer. These management strategies include public education, planning with Empire Township, management of old wells. and the monitoring and gathering of data, including keeping a hydrogeological inventory. Special concerns addressed by the management strategies include chemical storage areas, dumps. businesses generating hazardous waste, septic systems, and surface water run -off. The City's current water testing program includes quarterly and annual sampling. This sampling program is included among the management strategies. Mayor Droste asked about concerns with the University of Minnesota's water contamination in the 1970's. Mr. Greer noted that the contamination is not an issue and that the University has been helpful with information and requested updates. Brotzler noted that once this plan is adopted amendments to it would be required to add wells to our system. Mayor Droste opened the Public Hearing for comments from the audience. There were no comments. MOTION by Droste to close the Public Hearing for the Wellhead Protection Plan. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe Corrigan. Droste. Nays: None. Motion carried. MOTION by DeBettignies to adopt the Wellhead Protection Plan for the City of Rosemount. Second by Strayton. Ayes: DeBettignies, Shoe Corrigan, Droste, Strayton. Nays: None. Motion carried. Manley Rezoning and Simple Plat Community Development Director Lindquist reviewed the request by Manley Land Development for a rezoning from AG, Agriculture to RR, Rural Residential to create two residential lots and a driveway setback variance from five to zero feet for property south of l20` Street along with the easement being requested as part of the Manley project. Wetland restraints limit where the driveway can be placed. The original lot is 20.65 acres and the resulting lots would be 5.24 acres and 15.41 acres. The existing structures would be removed and two single family hones are proposed. The Planning Commission held a Public Hearing and approved the driveway setback variance request and recommended City Council approve the rezoning and simple plat applications. Staff recommends approval. Council noted that approval of this request does not guarantee there are two buildable sites on these lots. All building codes and septic system requirements would have to be met. A letter was received representing Richard D. and Vicky L. Hanson of 12275 Cobblestone Lane with street easement concerns about an outlot that they own south of the Manley parcel. The outlot has the potential of allowing a through street from McAndrews Road to l20` Street. Hansons requested that Cobblestone Lane remain a cul -de -sac as it was developed. Staff would not support giving up that outlot at this time. Council Member DeBettignies asked about the Wetland Conservation Act Permit. Jenni Hattervig from Pioneer Engineering, a consultant engineer for Manleys', said mitigation of the ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 17, 2004 Wetland Buffer area is in process. No permit is needed because there are no impacts to the wetland. MOTION by DeBettignies to adopt an Ordinance approving the rezoning of the Manley property from AG, Agriculture to RR. Rural Residential. Second by Strayton. Ayes: Shoe Corrigan, Droste, Strayton, DeBettignies. Nays: None. Motion carried. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE SIMPLE PLAT to allow the Manley property to subdivide into two single family residential lots subject to the conditions outlined in the Resolution. Second by Droste. Ayes: Droste, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Town Office Concept Planned Unit Development by McMenomy Associates Community Development Director Lindquist presented the request of Ed McMenomy to construct four buildings as office condominiums on the northeast corner of Chippendale Avenue and 160 Street. The site is 2.8 acres with limited entry access with parking proposed in front of each unit and sidewalk access on Chippendale Avenue. Occupants would own their portion of the building and there would be an association for maintenance. Rezoning would be required from AG. Agricultural to BP -3 or BP -4, Business Park 3 or 4. Dakota County will be required to review this plat because it is contiguous to County Road 46. Tom Gunsmoor is partnering with McMenomy on this project. Gunsmoor reported that he has built over 200 units similar to these in the past five years. Last year a similar project in Lakeville was totally occupied seven months after its completion. The businesses attracted to this size office may be doctors' clinics. photography, paper goods, hontebuilders, accountants, or investors. The occupants are usually not retail sales but more of an office environment. This would mean less parking congestion. Gunsmoor said there are examples of this building design on County Road 42, west of Pilot Knob Road in Apple Valley and the offices in Lakeville are north of the Harley shop, off 166 Street and 35W. Lindquist said the Business Park zoning should fit these uses. Council Member Shoe Corrigan asked why a Conditional Use Permit is needed. Staff will investigate that. Council will review this project again when the Final Development Plans are considered. MOTION by Shoe Corrigan to adopt A RESOLUTION APPROVING A CONCEPT PLAN for the McMenomy Town Offices subject to conditions. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Announcements Community Development Director Lindquist noted that the Downtown Redevelopment Committee will meet on February 26 at 7:00 p.m. and the public is always welcome. Council Member DeBettignies commended Mayor Droste for his State of the City Address on February 17 at a Chamber Breakfast meeting. DeBettignies noted that the Mayor's speech is posted on the SKB and Sterling State Bank web pages. 4 1 1 Mayor Droste reviewed the upcoming meetings and reminded everyone that the first meetings in March have been rescheduled to March I due to the Minnesota caucus the evening of March 2nd. Mayor Droste moved to adjoum at 8:58. p.m. Second by Strayton. Ayes: Four. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2004 -07. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 17, 2004 %1 2.fL'l� Linda Jentink, City Clerk Recording Secretary uLtit� 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Monday. March 1, 2004, 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, and Riley present. Council Member Shoe Corrigan was absent. Also present were City Administrator Verbrugge, City Attorney LeFevere, City Engineer Brotzler, Project Engineer Aderhold, Community Development Director Lindquist, Parks and Recreation Director Schultz, Finance Director May and Human Resources /Communications Coordinator Weitzel. The Pledge of Allegiance was said. City Administrator Verbrugge presented three add -ons to the Consent Agenda: Item 6.o. Appointment of Fire Chief, 6.p. Hiring of Communications Coordinator, and 6.q. Accept Resignation of Planning Commissioner. Also. staff requested that Item 6.i. Award Fire Department Bids for Breathing Apparatus and Air Compressor System be pulled for further review. Verbnugge requested that the Old Business Item 8.a. be moved to New Business 9.b. Zoning Text Amendment: Definition of Lot Depth. Mayor Droste moved to accept the agenda as amended. Second by Riley. Ayes: Four. Nays: None. The Agenda was adopted. Consent Agenda Council Member Strayton requested that Items 6.f., k., and I. be pulled for discussion. MOTION by DeBettignies to approve the Consent Agenda with the removal of Items 6.f., k., and 1. for discussion, the removal of 6.i., and the additions of 6. o., p., and q. Second by Strayton. Ayes: Strayton, DeBettignies, Droste, Riley. Nays: None. Motion carried. a. Minutes of February 17, 2004 Regular City Council b. Minutes of February 11, 2004 City Council Work Session c. Bills Listing d. Receive Donation for Police Equipment Fund e. Receive Donation for Parks and Recreation f. Encumbrance of 2003 Budget Items Pulled for discussion g. Receive Plans Specifications /Authorize Quotes Uitdenbogerd Addition, City Project 373 h. Change Order #2 and Payment #6 Final, Eastside Watermain, Phase 2 Improvements, City Project 345 i. Pulled Award Fir e -Bids for Br tithing, Apparatus and Air Compressor System j. Accept Resignation of Parks Recreation Commissioner k. Rocla:eification of Human Resources.'Conmmnications Coordinator to Assistant City Administrator Pulled for discussion m. Appoint Interim Deputy Clerk n. Appoint ADA Coordinator o. Add -On Appointment of Fire Chief Pulled for discussion 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 2004 p. Add -On Hiring of Communications Coordinator q. Add -On Accept Resignation of Planning Commissioner 6. f. Encumbrance of 2003 Budget Items Council Member Strayton requested information on each line item being encumbered. Finance Director May explained the need to encumber the funds. The GASB 34 is being implemented for the first time this year, so, expenses are unknown until June. The Police Department held back any extra training last year due to the legislative cutbacks and would like to encourage additional training for police staff this year. The fleet maintenance parts budget item was not used entirely and is unpredictable as to when it is needed. Large truck repairs tend to be over $10,000 so it would be advisable to have additional funds on hand. The sidewalk maintenance program needs to build up funds in order to do larger projects. The Fire Department requested more funds for equipment which is being purchased this year. And, the funds remaining from the computer purchases made in 2003 are needed to equip new employees or for the replacement of current equipment. Council Member Strayton shared concerns for encumbering funds rather than considering them a savings from the past year. Finance Director May indicated that half the money being encumbered is already in the Capital Improvement Budget (CIP) and if not encumbered we would be using reserve funds. About $900,000 in the General Fund balance still has to be reallocated at a later date. Funds should be available when they are needed rather than draw down reserves. May explained that funds are not encumbered every year, but department heads were asked to conserve where possible because of the state cuts. Council Member DeBettignies asked if the encumbered fl were part of the February 29, 2004 cash flow report and staff indicated the encumbered funds were not included. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE ENCUMBRANCE OF CERTAIN 2003 BUDGET ITEMS TO 2004. Second by Riley. Ayes: DeBettignies, Droste, Riley. Nays: Strayton. Motion carried. 6.k. Reclassification of Human Resources /Communications Coordinator to Assistant City Administrator Council Member Strayton asked for an explanation of the personnel changes. City Administrator Verbrugge restnictured the administration department by creating a Communications Coordinator position. This would allow a full -time staff person to focus on one of the goal priorities of the City Council, communicating with residents. This is also a workload management tool, to allow the administrator an assistant to cover many of the daily tasks and to directly supervise the city clerk, communications coordinator and receptionist. Dawn Weitzel, currently Human Resources /Communications Coordinator would be assigned as the Assistant City Administrator and continue to handle human resources responsibilities. MOTION by Strayton to approve reclassifying the Human Resources. /Communications Coordinator to Assistant City Administrator. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 2004 6.1. Contract for Natural Area Management Plan Council Member Strayton was pleased with Ms. Wiklund's wish to preserve her land in its natural state. SKB Trust Fund donated $3,600 to contract with the Friends of the Mississippi River to write a Natural Area Management Plan for the Wiklund property. This Plan is necessary for the Minnesota Department of Natural Resources (DNR) to preserve the land in the DNR Metro Greenways. Strayton thanked Ms. Wiklund for her generous contribution to the community. Parks and Recreation Director Schultz noted that closing on the property is scheduled for May 28, 2004. MOTION by DeBettignies to approve the contract for 53,600 with the Friends of the Mississippi River to write the Natural Area Management Plan for the Wiklund property. Second by Strayton. Ayes: Riley. Strayton, DeBettignies, Droste. Nays: None. Motion carried. PUBLIC HEARING: Meadows of Bloomfield, Phase I, Street and Utility Improvements, City Project 380 Mayor Droste began the Public Hearing for the Meadows of Bloomfield, Phase I, Street and Utility Improvements, City Protect 380 and confirmed that the Affidavits of mailed, posted and published notice were on tile with the City Clerk's Office. City Engineer Brotzler introduced Project Engineer Aderhold to review the feasibility report for City Project 380. Aderhold made a power point presentation pointing out key elements of the improvement project. The developer, Centex Homes, has submitted a final plat for Meadows of Bloomfield, Phase 1. Development build out is expected to he in three phases. A railroad overpass is proposed and sidewalk /trails are on both sides of all streets. This parcel includes a future water tower and well site. Right -of -way will need to be obtained from the Flach property. A city park is proposed in the northwest corner. Construction will begin in May or June of 2004 and be completed in the fall of 2004 for Phase I. The total estimated cost of the street and utility improvements is $5,332,600. Costs associated with over sizing of trunk sanitary sewer, trunk watermain, trunk stone sewer and watermains will be financed through the use of City Core Funds totaling 5711,220. Council discussed the well location and placing improvements in before development increases the water usage. Staff recommends proactive infrastructure because it is much more cost effective to do at this time. Department of Natural Resources (DNR) has guidelines that a well must be spaced a distance of 12511 feet from the water tower. That leaves three possible sites. A lift station is necessary which will be paid for by the developer. Mayor Droste opened the Public Hearing for comments from the audience. There were no comments. MOTION by Droste to close the Public Hearing for Meadows of Bloomfield. Phase I, Street and Utility Improvements, City Project 380. Second by Riley. Ayes: Strayton, DeBettignies, Droste, Riley. Nays: None. Motion carried. ROSENiOUNT CiTY PROCEEDINGS REGULAR MEETING MARCH 1, 2004 MOTION by Riley to adopt A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR MEADOWS OF BLOOMFIELD, PHASE I, CITY PROJECT 380. Second by DeBettignies. Ayes: DeBettignies, Droste, Riley, Strayton. Nays: None. Motion carried. Irish Sports Dome Conditional Use Permit Community Development Director Lindquist described the location and traffic flow of the proposed Irish Sports Dome. It is located west of the Rosemount Community Center on Independent School District 196 property. Traffic would exit on a one -way street onto Connemara Trail. Games in the Dome will have staggered starting times to limit the traffic congestion. An easement is required for ponding which will have to have National Guard approval. The color of the dome material is to be a neutral tone and Council will not allow any signage or printing on the dome. Condition number 2 was revised, "Implementation of the recommendations of the Parks and Recreation Commission which include no overflow parking at Schwarz Pond Park for the Dome use, allowing ponding on the Park site consistent with the November 18, 2003 plans and execution of a cross access and maintenance agreement for the driveway connection into the park and community center." Two conditions were added, 14) No signage is permitted on the Dome facility itself; and, 15) The Dome facility must be opaque and one solid, neutral color. Mr. Jody Otto. representing the Sports Dome noted that there are 150 parking spaces provided which is 30°4 more than what is required. The school district is not interested in providing any more land for additional parking. Otto explained that usage will not increase each year because there are a limited number of teams you can have on the field at the same time. Otto explained that there will not be any alcohol allowed on the premises and that adult teams will use the late night hours. Otto stated that he is not against sharing the cost of road improvements with others that use the road. Council Member Strayton and Riley stated their concerns for the location of this 65 -foot tall facility. Strayton said this will be visible from Highway 3 and is at the entrance of the City. Riley had concerns for light and noise pollution with the proximity to Bard's Crossing. Community Development Director Lindquist noted that the parking lot lighting will be directional. Riley noted that this proposal did meet all the criteria and the site had been rezoned. Strayton said he was not thrilled with the Dome downtown. but he hopes this private enterprise can be successful. Council Member DeBettignies and Mayor Droste pointed out that this complex will be an asset to the City. It will bring families from around the county to the City's retail stores. The athletic complex will compliment the high school facilities. Some outdoor type sports activities will be able to take place all winter. Mike Maiming, Director of Athletics at Rosemount High School said the students will be able to use the Dome from 2:00 p.m. to 5:30 p.m.. This is not an exclusive agreement, other groups will benefit, not just the high school. Manning said that if the Dome is located anywhere else, it won't be a benefit to the high school. 4 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 2004 MOTION by DeBettignies to adopt A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR IRISH SPORTS DOME, L.L.C. with the modifications to condition number 2 and the addition of conditions M. and 15. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Zoning Text Amendment: Definition of Lot Depth Community Development Director Lindquist reported that the Planning Commission supported the flexibility in ordinances that would reduce variance requests. Staff initiated this change and suggested changes to the lot depth definition that averages the side lot lines or measures within the primary building zone of the property. Apple Valley and Eagan do not have a minimum lot depth requirement. Staff proposed definition of lot depth is as follows, "The mean distance between the front and rear lot lines. In order to allow flexibility in determining lot depth for parcels of unusual configuration, lot depth can be measured by averaging side property lines or by measuring a straight perpendicular line extending from the front line to the rear lot line and passing through the building zone, subject to determination by the Community Development Director or the Director's designee. In no case would the perpendicular line passing through the building zone be less than the minimum lot depth standard." MOTION by DeBettignies to adopt an ORDINANCE AMENDING ORDINANCE B, THE ZONING ORDINANCE, TO CHANGE THE DEFINITION FOR LOT DEPTH. Second by Strayton. Ayes: Riley, Strayton, DeBettignies, Droste. Nays: None. Motion carried. Announcements Mayor Droste reviewed the upcoming meetings and noted Super Tuesday, a political caucus is March 2, 2004. City Council will be attending the Partners in Progress event sponsored by Dakota Electric on March 3, 4:30 to 6 p.m., in Eagan at the Royal Cliff banquet center. Mayor Droste moved to adjourn at 9:10 p.m. Second by Strayton. Ayes: Four. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2004 -08. Linda Jentink, City Clerk Recording Secretary 1 1 Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday, March 10, 2004 at 6:30 p.m. in the Council Chambers at City Hall. Mayor Droste and Council Members Riley, Shoe Corrigan, Strayton, and DeBettignies were present. Also in attendance were City Administrator Verbrugge, Community Development Director Lindquist, Assistant Administrator Weitzel, City Engineer Brotzler, Parks Recreation Director Schultz, and Finance Director May. DISCUSSIONS ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 10, 2004 Business Park Land Use Community Development Director Lindquist addressed the issue of the potential to have residential projects within close proximity to the Business Park. Currently, the Pahls own 190 acres of property within the Business Park. The Pahls don't want to piece meal the property to developers but would rather develop the property themselves. In order to do this, the Pahls have indicated the need for revenues from residential property sales to jump start industrial development. If the development proceeds. staff is recommending the development of industrial construction concurrent with residential. Director Lindquist cited the key issues to be heavy industrial and the ability to squeeze in residential without creating access problems, an isolated subdivision, a soft market for Business Park land, and appropriateness of the land use. Staff requested direction from the Council regarding the residential development in and/or next to an industrial area. It was the consensus of the Council that the introduction of residential areas into or next to an industrial site is not a good land use. Fund Balance Excess Reallocation Finance Director May recapped discussions with auditors regarding general funds. During the recent audit most adjustments that affect the general funds have been made. Staff is recommending that we transfer $914,000 from the general fund to the building CEP fund then encumber those funds and set 5900,000 aside for the purchase of the library land. Concerns were expressed with encumbering funds and the possibility of exceeding the 55% threshold per the Fund Balance policy. Discussion continued regarding the ability to evenly allocate funds over a number of years for an anticipated expense, and significant fluctuations in the budget. It was the consensus of the Council to move the $914,299 to the building CIP fund for the purchase of land for a library. Administrative Policies Review Assistant Administrator Weitzel advised that currently personnel policies can be found in four separate books as well as in administrative memos. Weitzel noted this is confusing and administration is difficult. Staffs proposal is to create an Employee Handbook that would combine two types of policies. The first type of policy would require Council action and would include things such as benefits, pay ranges, etc. The second type of policy would be administrative and would be decided by administration. This type would include day to day operations such as dress code, internet usage, etc. Council gave authorization to Weitzel to proceed with this project. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 10, 2004 Fireworks Ordinance City .Administrator Verbrugge reintroduced the fireworks ordinance issues from last year. The ordinance that was prepared for adoption contained language that created a buffer zone around businesses that wanted to sell fireworks. Area businesses had already placed orders and if this ordinance had been adopted. these businesses wouldn't be allowed to sell fireworks. The Fire Marshal revised the proposed ordinance to remow e the required buffer zone and added language that required a fire suppression system in the building where fireworks are to be sold. Discussion continued regarding the sale of fireworks from a tent, public safety, buffer zones, and fire suppression systems. Wiklund Property Preservation Park and Recreation Director Schultz presented for discussion the acquisition of the Wiklund property preservation. Schultz stated that the intended use for the Wiklund land would be to preserve the land in its natural state for educational purposes and not create park area with playground equipment or bike trails. As an update Director Schultz stated that the City will not have an appraisal done for this project because the DNR is intending to do their own appraisal. It is anticipated the DNR Metro Greenway program will provide $135,000; Dakota County Natural Areas Program, $250,000; and because the property is located in a wetland, another grant from the DNR has been applied for in the amount of $50,000 for the purchase of this land. A 55'x700' strip of land fronting the Wiklund property is owned by Mr. Bester. Mr. Bester is willing to listen to an offer from the City. Schultz anticipated a $50,000 shortfall for the acquisition of these properties. Mr. Schultz asked if Council would be in support of this project and would be willing to assist financially towards the purchase of these properties. Council expressed their support for this project and is willing to assist financially. UPDATES Athletic Complex Park and Recreation Director Schultz stated that at the last Park Recreation Commission meeting on February 23. the Commission made the recommendation to Council to start an active search for land for an athletic complex. Director Schultz distributed a proposed facility list based on forecasted population. Schultz expects to need about 96 acres to meet the projections for the facility. This size facility would accommodate about 30,000 residents. The Commission is asking Council to give staff authorization to start talking about this in order to bring awareness to the community about a possible athletic complex. Council directed staff to move fonvard with this project. MCES Issues City Engineer Brotzler recapped a meeting with MCES regarding the Empire Outfall Project. Discussion at that meeting centered on the draft agreement for a combined storm water outlet as part of the Empire Outfall project. Brotzler stated the agreement should be in place by early summer. Financing for the project is estimated at five million dollars. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 10, 2004 Brotzler recapped his discussion with MCES regarding the City of Rosemount's sewer capacity. Rosemount Waste Water Treatment Plant provides service for all of Rosemount with the exception of southwest corner. MCES is considering building an interceptor as an alternative to expand sewer capacity to service Rosemount. The interceptor would divert sewage south to the Empire Treatment Facility. Brotzler stated there is enough excess capacity in Empire for the next 25 -30 year period which would accommodate the growth in Rosemount. Brotzler expressed concern with sewer capacity for future development. Staff requested authorization to send Met Council an unofficial land use plan to assist them with their sewer capacity review. Council was in agreement to enlighten Met Council regarding the tremendous amount of growth projected for this area. Updates City Administrator Verbrugge distributed a Memo of Understanding for the SKB Trust Fund. Verbrugge stated the amendments relate to the Interim Use Permit and details how the Trust functions. Modifications are to change the allocation for the money that is generated at the waste facility that goes into the Trust Fund. The proposal would redirect 50% of the fee revenue that goes to the Trust Fund, then onto the City. The money would be specific for items that are in the OR The second item provides that the Trust Fund would make a one time contribution in the amount of $500,000 for the acquisition of land for a library. Currently S100,000 is being allocated for community distribution annually. The amendment would provide for annual increases each year that would be a percentage equal to the consumer price index or at the percentage increase of residential population of Rosemount whichever number is greater. Further modifications indicate that extensive end use landscaping for this site will not be mandated. The development commitment details how the Trust Fund operates and states that it will be in force for fifteen years. A summary was provided by Mayor Droste regarding the National League of Cities Congressional Cities Conference in Washington DC. City Engineer Brotzler presented an update regarding County Road 38 east of Highway 3. Brotzler stated that it was the County's intention to turn this back to the City. A proposal will be forthcoming in the next couple of months. Brotzler expressed concern regarding County Road 38, from Highway 3 to Akron Avenue, which is a dirt road. because it is the MUSA line and the City is limited to levy assessments to the south side. Development is strong in this area, and could prompt a Comprehensive Guide Plan amendment. Engineer Brotzler addressed the issue of possibly doing a study for the reconstruction of CR38 to get cost estimates so when properties are platted, we know what we are looking at for dollars. If the tun back occurs, the cost would be eligible for State aid. The regular City Council Work Session was adjourned at 9:30 p.m. Respectfully submitted, Maryann offel Recording Secretary 3 1 1 1 The City Council's Agenda Packet is Clerk's File 2004 -09. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 10, 2004 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, March 16. 2004, 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, Riley, and Shoe Corrigan present. Council Member DeBettigi ies was absent. Also present were City Administrator Verbrugge, City Attorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Parks and Recreation Director Schultz, Communications Coordinator Cox, Fire Chief Aker, and Police Lieutenant Kuhns. The Pledge of Allegiance was said. City Administrator Verbrugge presented two add -ons to the Consent Agenda, also two items for Department Heads Report, and one for New Business: Item 5.a. Recognition of Police Officer and Fire Fighter of the Year by American Legion, Post 65; Item 5.b. Introduction of Communications Coordinator Alan Cox; Item 6.o. Receive Donations Leprechaun Days Committee; Item 6.p. Arena Chiller Replacement; and Item 8.a. Commissioner Appointments. Verbrugge also requested a Closed Executive Session for labor relations. Mayor Droste moved to accept the agenda as amended. Second by Riley. Ayes: Four. Nays: None. The agenda was adopted. Department Heads Reports Recognition of Police Officer and Firefighter of the Year by American Legion Post 65 Commander Jeff Kaczmarek, Post 65 of the Rosemount American Legion, acknowledged awards to the Firefighter of the Year, Tim Buyck and Police Officer of the Year, Mark Robideau Mark Robideau retired from the Police Department last fall after 25 years of service as D.A.R.E. instructor, investigator and patrol officer. Mark was present at the Legion's celebration on March 13 and received his award there. Fire Chief Scott Aker commended the Legion for recognizing the accomplishments of police and firefighters yearly since 1993. Aker noted that the Rosemount Fire Department selected the firefighter to be honored. Firefighter Tim Buyck has been with the Fire Department for six years and has participated in the SCBA program and fire prevention activities. Mayor Droste thanked Commander Kaczmarek and recognized that it is the 85' Anniversary of the American Legion. Droste also thanked the American Legion for donating the American flags used along Highway 3 for celebrations. Introduction of Communications Coordinator Alan Cox City Administrator Verbrugge introduced Alan Cox who started with the City on March 15. There were seventy applicants for this position. The express purpose of the Communications Coordinator is to improve communication with the community. Mr. Cox had been a reporter for WCCO television for 20 years. He noted that his parents had lived in Rosemount, moving from Kentucky, when the Gopher Ordnance existed in the 1940's. Mr. Cox thanked Council for this opportunity and staff and City Council welcomed him. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 2004 Consent Agenda Council Member Strayton requested that Items 6.n. be pulled for discussion. Additional information was presented for 6.m., approval in resolution format; and the recommendations from the Fire Department for 6.n. MOTION by Riley to approve the Consent Agenda with the removal of Items 6.n. for discussion. Second by Shoe Corrigan. Ayes: Droste, Riley, Strayton, Shoe Corrigan. Nays: None. Motion carried. a. Minutes of March 1, 2004 Regular City Council b. Bills Listing c. Change Order #1 Chippendale Tower Improvements, CP #374 d. Receive Feasibility Report/Order Project/Authorize Plans and Specifications Biscayne Pointe North Street and Utility Improvements, CP #370 e. Receive Plans and Specifications/Authorize Advertisement for Bid 2004 Street and Utility Reconstruction Improvements, CP #376 f. Receive Plans and Specifications /Authorize Advertisement for Bid Bloomfield 7 Street and Utility Improvements, CP #384 g. Solid Waste Hauler License h. Final Plat Biscayne Pointe North (Abbott Property) Giles Properties, Inc. i. Lot Recombination Thomas and Mindy Wychor j. LELS Sergeants Labor Agreement 2004 -2005 k. Appoint Alan Strand as Chief Building Official 1. Fund Balance Transfer /Encumbrance m. Application for DNR Remediation Grant Wiklund Property n. C Pulled E for discussion 0. Add -On Receive Donations Leprechaun Days Committee p. Add -On Arena Chiller Replacement Award Fire Department Bids for New Breathing Apparatus and Air Compressor Fire Chief Scott Aker presented the recommendation of the task force for the self contained breathing apparatus (SCBA) which help firefighters enter buildings that have toxic gases due to fire. There were three competitive bids for the SCBA and the task force recommends the vendor Continental Safety at $88,524.31. There were four bids for the compressor system necessary to refill the SCBA systems and the task force recommends Clarey's Safety Equipment at $24,795. The task force chair was Firefighter Captain Kevin Tucker with a group of four additional firefighters and Assistant Fire Chief Mike Haeg. City Administrator Verbrugge took this opportunity to congratulate Fire Chief Aker for another appointed tens as chief which will make sixteen years for Scott as fire chief. There are 44 volunteer firefighters in the fire department at this time. MOTION by Strayton to award the low bid to Continental Safety for the Self- Contained Breathing Apparatus and to Clarey's Safety Equipment for the 6000 PSI Air Compressor /Fill 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 2004 Station/Storage System for the Rosemount Fire Department. Second by Shoe Corrigan. Ayes: Riley, Strayton, Shoe Corrigan, Droste. Nays: None. Motion carried. Commissioner Appointments City Administrator Verbrugge reported that eight candidates were interviewed for the seven open commission seats on March 13, 2004, by City Council and himself. Planning and Parks and Recreation Commissions had received early resignations from David Anderson, Planning and Steve Wilson, Parks Recreation due a move out of Rosemount. The following recommendations were made: Planning Commission Laurie Humphrey, three year term, Valerie Schultz, three year term, and John Powell, one year term; Parks and Recreation Commission Michael Eliason, three year reappointment, Phillip Sterner, tluree year reappointment, Leslie De Fries, two year term; and Utilities Commission Joan Schneider, three year term. MOTION by Shoe Corrigan to appoint commissioners to the City of Roseniount's commissions beginning April 1, 2004 as follows: Planning Commission Laurie Humphrey, Valerie Schultz, and John Powell; Parks and Recreation Commission Mike Eliason, Phillip Sterner, and Leslie Defries; and Utilities Commission Joan Schneider. Second by Riley. Ayes: Strayton, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried. Legislative/Intergovernmental Update City Administrator Verbrugge gave a summary of his and Mayor Droste's trip to Washington D.C. for the four -day National League of Cities Conference. They were members of a conmrittee to review adoptive legislative policies. Two issues were of major concern: 1) consideration of taxing internet sales and 2) the Transportation Bill which guided funding for jobs and infrastnicture of communities. The taxing of internet sales may lower the cable franchise fees the City collects. There is 52.3 million available from the Transportation Bill for funding security at the proposed air cargo facility. Beneficial meetings were held w Congressman Kline, Senator Dayton and Senator Coleman. Announcements Community Development Director Lindquist noted that Dakota County will present an open house on Thursday, March 18, 5 to 7 p.m. for the Environmental Assessment Worksheet for County Road 42 and Highway 52. Mayor Droste reviewed the upcoming meetings and pointed out a special meeting to be held March 31 for Council goal setting. City Administrator Verbrugge noted a Key Financial Strategy meeting will be held April 14, starting at 6:00 p.m. Mayor Droste moved the meeting to a Closed Executive Session for labor relations at 8:02 p.m. The meeting was to he adjourned following the Closed Executive Session since no further public items will be addressed. 3 Respectfully submitted, The City Council Agenda Packet is Clerk's File 2004 -11. 611 Linda Jentink, City Clerk Recording Secretary 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 2004 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, April 6, 2004, 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, Riley, and Shoe- Corrigan present. Also present were City Administrator Verbrugge, City Attorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Parks and Recreation Director Schultz, and Police Chief Kalstabakken. Engineering Consultant Andrea Moffatt from WSB Associates attended. The Pledge of Allegiance was said. City Administrator Verbrugge presented five add -ons and additional information for Item 7.a. Brockway EAW. The five add -ons were as follows: Item 5.c. Donation Acceptance for Police Department, Item 6.n. Medical Leave for a Firefighter, Item 6.o. SKB Trust Fund Appointment, Item 9.a. Consider Resolution Regarding U.S. Senate Telecommunications Bills. and Item 11.a. Assessment Settlement for KenRose Shopping Center. Mayor Droste moved to accept the agenda as amended. Second by DeBettignies. Ayes: Five. Nays: None. The agenda was adopted Commissioner Recognition Mayor Droste presented plaques of appreciation for out going commissioners, Myron Napper who served on the Planning Commission and Steve Wilson who served on the Parks and Recreation Commission. Commissioner Napper served 3.75 years, June 2000 through March 2004 and Commissioner Wilson served one -year, April 2003 through March 2004. Mayor Droste commented that commissioners serve a vital role for the City as advisory commissioners, screening information and making recommendations to the City Council. Three other commissioners will receive recognition at a future meeting. They are Donald Berg, Utilities Commission, Jeff Weisensel, Planning Commission, and Dave Anderson, Planning Commission. Special Event Update Halloween Dan Schultz, Director of Parks and Recreation, reported that the first meeting for the Halloween Committee will be April 13, 2004. Interested volunteers are asked to contact the Parks and Recreation Department at 651- 322 -6000 and staff will put people in contact with the committee. Over 1,500 people participated in last year's event with about 70 volunteers. Additional volunteers are needed. Donation Acceptance Police Department Police Chief Kalstabakken asked Council to accept the donation of 500 firearm safety kits from the non profit National Shooting Sports Foundation (NSSF). The NSSF received a grant from the U.S. Department of Justice and from the firearms and shooting sports industry. Through Project ChildSafe, firearm safety kits are being distributed across the nation through local law enforcement agencies. Educational material and a gun lock are included in the kits. These kits will be available after Wednesday, April 7th for residents at no charge through the Rosemount Police Department, Monday through Friday, 8:00 a.m. to 5:30 p.m. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 2004 MOTION by DeBettignies to accept a donation of five hundred firearm safety kits from Project Childsafe. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan Nays: None. Motion carried. Consent Agenda Mayor Droste requested discussion on Item 6.j. Authorize Feasibility Report for County Road 38 from TH 3 to Blaine Avenue, City Project 387. a. b. c. d. e. f. a h. i. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.j. for discussion and noting the add -ons 6.n. and 6.o. Second by Riley. DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Minutes of March 16. 2004 Regular City Council Minutes of March 10, 2004 City Council Work Session Bills Listing Receive Donations Parks and Recreation Department Receive Donation Police Department D.A.R.E. Fund Donation Expenditure Parks and Recreation Department Liquor License Amendment for the American Legion Operations Officer Ratification of Fire Department Appointments Authorize Plans Specifications Glendalough 4` Addition, City Project 386 Ayes: Riley, Strayton, k. Receive Quotes /Award Contract Uitdenbogerd Addition Street Utility Improvements City Project 373 1. Extended Work Hours for Well No. 12, City Project 354 m. Brockway Lot Combination n. Add- Medical Leave for a Firefighter, Garr Nelson o. Add- SKB Trust Fund Appointment. Matthew Kearney 3 -year term Authorize Feasibility Report for County Road 38 from TH 3 to Blaine Ave., C.P. 387 Mayor Droste asked about the time frame for this project and which portion of County Road 38 would be paved. City Engineer Brotzler said the feasibility report is a planning tool to look at the basis for improvements and the cost that would be incurred for each major part of the project. Dakota County would likely turn-back County Road 38 for city maintenance. This project is not in the current Capital Improvement Budget which goes out ten years. The Metropolitan Urban Service Area (MUSA) 2020 line extends to Akron Avenue. Development would not likely go beyond that. There is proposed development on the south side of County Road 38 but not to the north. Funding will be examined in the feasibility report. CR 38 from Akron Avenue to Blaine Avenue will probably remain gravel until warranted. Data will be gathered April 12 to 30; development alignments will be studied in May, 2004; and Dakota County and private utilities will be consulted. Then the draft feasibility report should be ready by July 1 and City Council will review the draft document at their August work session. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 2004 MOTION by Riley to adopt A RESOLUTION AUTHORIZING A FEASIBILITY REPORT FOR COUNTY ROAD 38 FROM TRUNK HIGHWAY 3 TO BLAINE AVENUE, CITY PROJECT 387. Second by Shoe- Corrigan. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried. Brockway Environmental Assessment Worksheet (EAW), City Project 381 City Engineer Brotzler presented City Council with the Environmental Assessment Worksheet (EAW) for the proposed Brockway Property Residential Development. A revised Findings of Fact and Conclusions was distributed. The public comment period ended March 17, 2004 and the comments were responded to in the memo of March 23, 2004. Council had concerns for seven contaminated locations identified by Dakota County. The largest contaminated parcel is in the southeast corner which is designed for commercial development and will not be disturbed. Andrea Moffatt, WSB Associates noted that complete soil evaluations of the Brockway Glass factory building cannot be done until the removal of the concrete floor. If further contamination is found it will have to be cleaned up according to the standards of the Minnesota Pollution Control Agency, Dakota County Environmental Management Department, and the Department of Natural Resources. The developer would be responsible for any contamination found. Mike Waldon, CDPC, the developer, said they want to determine as much as they can now and they plan a two -foot deep earthen cover over the dumpsite in the southeast corner. Water samples will be monitored, in the past some metal traces have been found which is a by- product of glass making. Mayor Droste noted that this site has been abandoned for thirty years and it will better serve the community to have it cleaned up. Council Member Strayton noted that although the contaminated areas are a concern, the land size of the contaminated areas is very small compared to the 118 -acre site. City Attorney LeFevere noted that the liability issue is complex. Often contaminated material is not removed so it is in the best interest of everyone to provide as much protection as possible and reasonable. Parks and Recreation Director Schultz updated Council on the trail system proposed by Metropolitan Council along Connemara Trail from Lebanon Hills Park, Eagan to Spring Lake Park, Hastings. Staff noted that Highway 3 may require buffering, landscaping, and noise walls as a barrier to traffic noise. MOTION by Riley to adopt A RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED including the revised language in the Findings of Fact. Second by Shoe Corrigan. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Meadows of Bloomfield Minor PUD Amendment Community Development Director Lindquist presented a modification to the architectural elevations for the Centex row townhornes located on the east side of Connemara Trail past St. Joseph's Catholic Church. This request does not affect the number of buildings, housing mix, or location so it is considered a minor amendment to the planned unit development. The overall depth of the units is reduced by about eight feet by extending living space over the entire garage. The offset front walls create more relief and some units have porches while others have covered entryways. This along with combination windows and face brick give each unit an individual look. The amendment was acceptable to City Council. Direction was given to change the end unit elevations to give them more character or relief. 3 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 2004 MOTION by Shoe Corrigan to adopt A RESOLUTION APPROVING A MINOR AMENDMENT TO THE MEADOWS OF BLOOMFIELD PUD AND AUTHORIZE THE AMENDMENT TO THE MEADOWS OF BLOOMFIELD PUD AGREEMENT REPLACING EXHIBIT 12 WITH NEW EXHIBITS REFLECTING THE NEW COTTAGE ROW HOMES and adding architectural embellishments to the end unit homes. Second by DeBettignies. Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Consider Resolution Regarding U.S. Senate Telecommunications Bills City Administrator Verbrugge presented a resolution supporting the Access Tax Ban Extension and hnprovement Act (S. 2084) and opposing the Internet Tax Nondiscrimination Act (S. 150). Verbrugge explained that S. 150 would eliminate cable franchise fee revenues. Rosemount has received S230,000 from cable franchise fees the last two years. These fees are a critical source of revenue for local services and an important mechanism for local officials to protect consumers. The impact across the State of Minnesota would he the loss of over $40 million in franchise fees to local eovetnrnents. The Bill (S. 2084) would call for a two -year extension of the existing moratorium on the imposition of new telecommunications taxes which would allow time to examine how to tax emerging telecommunications. It would also establish parity for all types of internet platforms such as telephone lines, cable modems, or DSL. Staff would recommend presen'ing the ability of local governments to continue collecting cable franchise fees and protect the integrity of long held traditional municipal powers related to local taxing jurisdiction as it relates to use of public right of way. MOTION by DeBettignies to adopt A RESOLUTION SUPPORTING THE ACCESS TAX BAN EXTENSION AND IMPROVEMENT ACT (S. 2084) AND OPPOSSING THE INTERNET TAX NONDISCRIMINATION ACT (S. 150). Second by Shoe Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Announcements Community Development Director Lindquist noted that an open forum will be held on Monday, April 12 at 7 p.m. for the Downtown Redevelopment Committee. Residents are invited to the open format for their input and questions. Mayor Droste reviewed the upcoming meetings. Mayor Droste moved the meeting to a Closed Executive Session for the Administrator Performance Evaluation and a special assessment appeal for the KenRose Shopping Center at 8:56 p.m. The meeting will be adjoumed following the Closed Executive Session since no further public items will be addressed. Respectfully submitted, c A t The City Council Agenda Packet is Clerk's File 2004 -13. Linda Jentink, City Jerk Recording Secretary Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday, Apri l 14, 2004 at 6:00 p.m. in the Council Chambers at City Hall. Mayor Droste and Council Members Shoe Corrigan, and Strayton were present. Council Members DeBettignies and Riley were absent. Also in attendance were City Administrator Verbrugge, Assistant Administrator Weitzel, Community Development Director Lindquist, City Engineer Brotzler, Parks Recreation Director Schultz, Communications Coordinator Cox, Police Chief Kalstabakken, and Finance Director May. DISCUSSIONS ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 14, 2004 Key Financial Strategies City Administrator Verbrugge introduced Jim Prosser and Rebecca Kurtz from Ehlers Associates, to present the third part of the Key Financial Strategies (KFS) for the City of Rosemount. Mr. Prosser stated the purpose of this meeting was to identify questions, concerns and suggestions for the draft report for KFS. The KFS Plan was identified as a tool that will provide guiding principles to manage the community financially year to year. The Plan will be updated annually to reflect the City's financial projections and the Council's goals. Rebecca Kurtz reviewed the financial spreadsheet as part of the KFS. The purpose of the spreadsheet is to help the City project revenues and expenses over the next five years, identify where the challenges will occur, and use as a tool during the budget process. The City Administrator presented a calendar of issues that will be reviewed using KFS during the remainder of 2004. Mr. Prosser briefly explained the structure of the Plan. Major categories of the Plan were identified as community goals /initiatives, local tax base considerations, financial position, City infrastructure, competitiveness, credit position and enterprise. Other issues discussed were economic and community development, City infrastructure, the enhancement and protection of City environment. managing growth, and support for new City facilities. Given the complexity and volume of information included in the draft KFS, the Council decided to devote additional time in work sessions that would immediately follow the regular City Council meetings for the review of this document. The June 9' regular work session will be dedicated to working through final details of the KFS. SKB Trust Fund Amendments City Administrator Verbrugge reviewed the Memorandum of Understanding (MOU) for the SKB Trust Fund. Mr. Verbrugge stated that the Interim Use Permit (IUP) as it pertains to the Trust Fund has been amended so that it would not be visited again for the next fifteen years. Mr. Verbrugge also stated that the Board of Trustees had made a motion to approve the donation of 5500,000 to the City for the acquisition of a library, and a 50% allocation of annual revenues to the Trust Fund from SKB will be redirected to the City to be applied towards the City's Capital Improvement Plan. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 14, 2004 Discussion ensued regarding the restoration of the mound, the execution of the MOU, and the fifteen year cap for the IUP. Don Chapdaline, representing SKB, indicated the Trust Board had passed a motion agreeing to the items in the MOU. City Council expressed concern with the potential for not being able to amend the IUP for a period of fifteen years. Staff was directed to have the City Attorney review the agreement, and explain possible ramifications relative to this fifteen year cap. North Central Sanitary Sewer Study City Engineer Brotzler recapped the findings from the draft report for the North Central Sanitary Sewer Study. The most significant item found during the study was there is not an imminent issue of failed septic systems in the study area. The next public meeting will be held April 29, 2004. The results of this meeting will be incorporated into a final report. The final report will be sent to Council in May or June of 2004 for adoption. Staff requested direction from City Council to see if they wanted to hold a public hearing to accept this document. Mr. Brotzler indicated there is no legal requirement to hold a public hearing. Mr. Dave Hutton from WSB, Project Manager for the North Central Sanitary Sewer Study, was present to answer questions. Mr. Brortler stated that there were no major issues that would force the City to move forward to extend sewer service, and new sewer service would require owner petition. Mr. Hutton indicated that according to Minnesota law, you would need 35% of voters to sign a petition to extend sewer service before acting. The City of Rosemount's policy calls for 51% of voters to sign a petition to extend services. Based on this study, staff recommended the development of a Joint Powers Agreement with the City of Eagan for the over sizing and extension of sanitary sewer service from Eagan into the northern part of Rosemount for future connections. The costs for this project would be funded from core funds that would be paid back at a later date. Items identified to be addressed at the next public informational meeting include: 1) there are no major issues that would force the city to move forward to extend sewer service at this time; 2) property owners of failed systems would be required to upgrade systems at time of sale of property; 3) future expansion of sewer services in the study area would require a petition from property owners; and 4) the City of Rosemount is considering entering a Joint Powers Agreement with the City of Eagan for the over sizing of a sewer line in anticipation of future development. It was the consensus of the Council that a public hearing would not be necessary to accept the North Central Sanitary Sewer Study. 2 City Council extended their support for this project. 3 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 14, 2004 Recreational Fires Chief of Police Kalstabakken reviewed the policy for the issuance of recreational fire permits. Staff recommended that if we continue to issue recreational fire permits, the current ordinance should be amended. Discussion ensued regarding the number /nature of complaints, commercial fire pits, the hours for recreational fires, and noise. City Council directed staff to eliminate the requirement for recreational tire permits, let the Fire Code be the regulatory body, and educate the residents regarding recreational fires. Finance Personnel Finance Director May recapped the request for a payroll clerk position for the Finance Department. The anticipated start date will be July 1, 2004. Funding for this position will come from the following funds: 50% General Fund; 20% Water Utility Fund; 20% Sewer Utility Fund; 5% Storni Water Utility Fund; and 5% Arena Fund. The maximum total salary and benefit package would be $55,731. Staff was directed to present this item at the next regular City Council meeting for approval. Police Personnel Police Chief Kalstabakken reviewed the changes that have occurred within the department in the last few years and suggested a re- organization of staff to better handle the responsibilities. The reorganization includes one full time receptionist, one full time secretary, one part time secretary, and one Police Records Supervisor. The salary range for the Police Records Supervisor is $40,726 $49,920. Chief Kalstabakken indicated the reason for the evening part time secretary was to process reports for arrests that occurred during the evening and weekend hours. City Council concurred with this proposed reorganization. CDA Project Concept Plan Community Development Director Lindquist presented a preliminary concept plan for the property located at the northwest comer of Biscayne Avenue and County Road 42. The Community Development Agency (CDA) is proposing a 31 -unit townhome project and requested feedback from the Council regarding this project before proceeding with a formal application. Requested feedback included support for the project and types of informational neighborhood meetings. Cam Nelson, CDA, and Tim Rutland, architect for the project, were present to hear comments and answer questions regarding the affordable housing program and project. Discussion continued regarding the size of this project, intended use for the surrounding parcels, the concept plan to be presented to the public, access to the site, and garage size requirements for affordable housing. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 14, 2004 Trunk Highway 3 City Engineer Brotzler presented an overview of safety concerns that have been raised by the property owners along Trunk Highway 3 (TH3) between 132 Street and McAndrews Road The primary issue is the access to and from TH3. Staff proposed having a neighborhood meeting to review issues, explain MNDOT standards and expectations, look at improvements that could be made to improve safety, and reiterate that MNDOT has to approve changes. If a consensus is reached with the property owners, staff suggested putting together a cooperative agreement for submittal to MNDOT for possible funding for the year 2006. City Council directed staff to hold public meetings to discuss the safety issues related to TH3. It should be specified that these meetings have nothing to do with the Brockway Development and there is no guarantee of funding from MNDOT. UPDATES Administrator Update Volunteers (10 groups, 15 -25 individuals) will be recognized at the next City Council meeting April 20, 2004 for National Volunteer Week. A Commission recognition dinner will be held on Wednesday, April 21, 2004. Employee recognition luncheon on will be held on Thursday, April 22, 2004. The regular City Council Work Session was adjourned at 10:20 p.m. Respectfully submitted, 7Y7 Maryann Stoffel Recording Secretary 4 The City Council's Agenda Packet is Clerk's File 2004 -14. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, April 20, 2004, 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 and Riley present. Also present were City Administrator Verbrugge, City Attorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Parks and Recreation Director Schultz and City Clerk Jentink. Brownie Troop No. 2400 led the Pledge of Allegiance. Mayor Droste noted additional information provided by city staff for Items 6. g. Receive Bids /Award Contract, 2004 Street Utility Improvements, City Project 376, 6. h. Receive Bids /Award Contract, Bloomfield 7 Addition Street Utility Improvements, City Project 384 and agreement changes on pages 2 and 3 for 6.r. Meadows of Bloomfield and Meadows of Bloomfield 2 "d Addition Final Plats and Subdivision Development Agreement. Staff also requested that Item 6. n. Arbor Day Proclamation be moved to 5.c. Department Heads Reports. Mayor Droste moved to accept the agenda as amended. Second by Riley. Ayes: Three. Nays: None. The agenda was adopted. National Volunteer Week Recognition Mayor Droste explained the program for National Volunteer Week, April 18 to 24, 2004. This year it is hosted by the Points of Light Foundation with the theme, "Inspire by Example." Droste noted that Rosemount has many organizations and individuals who devote their time to improving the community or helping others. Council would like to encourage citizens to participate in their community. On Wednesday night Council has invited Council appointed members to be honored by a Volunteer Appreciation Dinner. The City employees will also be honored this week for their length of service and fine work ethic at a luncheon on Thursday. Certificates of appreciation will be presented to many of those who contribute to the community. Mayor Droste presented the certificates as Council Member DeBettignies read the names and accomplishments. Included in this list were groups as follows: the DARTS volunteers represented by Megan Jans and Rosemount Police Reserves represented by Jim Lucier. The Adopt _A -Park participates: John Brockey from Northwest Karate, Doreen Ulrich of Community Action Council Kim Mohrhauser from Fluegel's Farm Garden Pet, Haage, Peterson Studley Families, Deb Lembecker and Brownie Troop #2400, John Brockman from Knights of Columbus, Kathy Smith and Brownie Troop #187. Individuals were mailed their certificates but were invited to stand at the reading of their names: John Hawkins, Shamrock Award winner, June and Bob Korthauer, Garden Club; Bob Swenson for Adult Basic Education; Myron Napper for being an advocate for the east side of Rosemount; Otto Ped for many years on the Planning Commission and the MPCA monitoring; Joe Walsh for Teen Night Volunteer plus Leprechaun Days, Winter Fun Fest and Egg Hunt; Mary and Felix Kropelnicki for Breakfast with Santa and Tiny Tot Holiday; Cathy Busho for Leprechaun Days and Egg Hunt; Phil Tobey for Martial Art Classes; Roxamt and Terry Duffy for Adopt -A -Park; Tori and Tessa Grund for Adopt-A-Park; Marshall Heidi Grange for Adopt -A -Park; Jim and Christa Brignall, Adopt -A -Park; Lance Offernam for Eagle Scout, Marching Band and Booster Club; Harry and Darline Lehmann for Meals on Wheels, Blood Drive, ISD 196 volunteer; Sheila Hathaway for Leprechaun Days, Community Halloween since 1980; Gene and Rebecca Allen for Crisis Nursery foster parents; ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 2004 Mike Bouchard for Boy Scout leader, Santa, Leprechaun Days, Community Halloween; Ed Tousignant for Knights of Columbus and a charter member of the Rosemount City Council. Mayor Droste thanked all the volunteers for making Rosemount a stronger community. MOTION by Riley to proclaim April 18 to 24 National Volunteer Week. Second by DeBettignies. Ayes: DeBettignies, Droste, Riley. Nays: None. Motion carried Commissioner Recognition Mayor Droste presented plaques of appreciation for outgoing Commissioner Donald Berg who served on the Utilities Commission for nine years from February 1995 to March 2004. Mayor Droste commented that commissioners serve a vital role for the City Council as advisory commissioners, screening information and making recommendations to the City Council. Don's direction to Council was greatly appreciated and Mayor Droste presented a plaque of appreciation. Jeff Weisensel, Planning Commission, and Dave Anderson, Planning Commission will receive recognition at a future meeting. Arbor Day Proclamation Parks and Recreation Director Schultz announced the twelfth anniversary of the Rosemount tree giveaway in honor of Arbor Day. This will be held on May 1 at 10 a.m. at Central Park. One hundred trees are being given away to residents. Dakota Electric is sponsoring the event. The tree varieties are lindens, oak, maple and birch. Schultz reminded residents to call Gopher State One Call before digging holes to plant the bare root trees. MOTION by DeBettignies to approve the proclamation identifying May 1, 2004 as Arbor Day and the month of May as Arbor Month. Second by Riley. Ayes: Droste, Riley, DeBettignies. Nays: None. Motion carried. Consent Agenda Mayor Droste reviewed the changes to the Consent Agenda. Item 6.n. Arbor Day Proclamation was moved to Department Heads Report for discussion: Items 6. g. and h. had bid reconmnendations added; and Item 6. r. had revised pages two and three of the Subdivision Development Agreement. MOTION by Riley to approve the Consent Agenda with the removal of Item 6.n. for discussion under Department Heads Reports and noting the additional information for items 6.g., h., and r. Second by DeBettignies. Ayes: Riley, DeBettignies, Droste. Nays: None. Motion carried. a. Minutes of April 6, 2004 Regular City Council Meeting b. Bills Listing c. Budget Amendments Donations d. Receive Donations Parks Recreation e. Receive Plans Spec's /Authorize Ad for Bid Meadows of Bloomfield 1 and 2 Additions, City Project #351 f. Receive Plans Spec's /Authorize Ad for Bid Biscayne Pointe North, City Project #370 2 1 1 ROSEMOUNT CiTY PROCEEDINGS REGULAR MEETING APRIL 20, 2004 g. Receive Bids /Award Contract 2004 Street Utility Reconstruction, City Project #376 h. Receive Bids /Award Contract Bloomfield 7` Addition Street Utility Improvement, City Project #384 i. Authorize Preparation of Plans Spec's Evermoor Crosscroft 2 Addition Street and Utility Improvements, City Project #388 j. Final Payment Portable Generator Lift Station Revisions, City Project #366 k. Authorize Eminent Domain Proceedings for Meadow of Bloomfield Addition, C.P. 351 1. Vulnerability Assessment m. Mineral Extraction Permit Renewal and Conditional Use Permit Amendment for Danner Inc. and AVR, Inc. A rbor Day Proclamation moved to Dept. Heads Report o. 2004 Contract Agreement for Solid Waste and Recycling Service p. Status and Position Change of Employee from Full -Time Receptionist to Part-Time Secretary and Authorize Recruitment for Receptionist q. Authorize Recruitment for Payroll Clerk and Police Records Supervisor Positions and Amend Compensation Plan r. Meadows of Bloomfield and Meadows of Bloomfield 2nd Addition Final Plats and Subdivision Development Agreement (Agreement revised) s. Meadows of Bloomfield 3rd Addition Final Plat and Subdivision Development Agreement. t. Community of Hope Lutheran Church Administrative Plat and Conditional Use Permit PUBLIC HEARING: Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Establishment of the Downtown Brockway Tax Increment Financing District Mayor Droste opened the Public Hearing. City Clerk Jentink noted that the Affidavits of Posted and Published Notice were on file. Community Development Director Lindquist reviewed the process for providing a financing mechanism for revitalization of the downtown area. This public hearing is the final step in the creation of a Tax Increment Financing (TIF) District. The TIF Plan allows the City to generate increment that can be used for qualifying redevelopment activities. Any funds from the TIF District must be expended within the Redevelopment District Area. The Port Authority approved a resolution approving the TIF Plan on April 13, 2004 and Dakota County Board took action on the TIF Plan at its April 6, 2004 meeting. The TIF Plan has 73 parcels, five associated with the Brockway project and the remaining 68 in the downtown area. The Plan has included language providing for affordable housing. SEH Engineering prepared a study on the downtown area detennining findings of blight as criteria for creation of the district. The SEH study will not be shared with any other agencies. Ehlers and Associates prepared documents for the TIF Plan, modification to the Redevelopment Plan resolution, Exhibit A Findings, and the Downtown Brockway Tax Increment Financing District. As development is proposed, financial assistance will be evaluated by criteria from the Business Subsidies Policy. It was noted that downtown businesses had not been directly contacted by the City about the creation of the TIF District; however, due to the Downtown Redevelopment Committee many of them have learned details about the TIF District and attended three open forums. Mayor Droste asked for any public input, but none was received. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 2004 MOTION by DeBettignies to close the Public Hearing for the Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Establishment of the Downtown Brockway Tax Increment Financing District. Second by Riley. Ayes: DeBettignies, Droste, Riley. Nays: None. Motion carried. MOTION by Riley to approve a RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE ROSEMOUNT REDEVELOPMENT PROJECT; AND ESTABLISHING DOWNTOWN- BROCKWAY TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFORE. Second by DeBettignies. Ayes: Droste, Riley, DeBettignies. Nays: None. Motion carried. PUBLIC HEARING: Business Subsidies Criteria Policy Mayor Droste opened the Public Hearing. City Clerk Jentink acknowledged that the Affidavits of Posted and Published Notice were on file. Community Development Director Lindquist reported that the State of Minnesota 2000 legislature amended requirements for Business Subsidy Criteria. Rosemount's business subsidy criteria was no longer compliant. The Port Authority approved the proposed Policy on April 6, 2004 after a Public Hearing. This policy will be used to evaluate projects for financial assistance. One of the criteria is to promote job expansion or retention in the community. The Policy notes that jobs will be created to the greatest extent possible and that jobs must provide at least 150% of the federal minimum wage. The City can negotiate for higher wages, or additional job creation or retention depending upon the particular project and priorities. The revised policy is in compliance with the State requirements and accurately reflects the goals and policies of the Port Authority and the City for granting business subsidies. Mayor Droste called for any comments from the audience and there were none. MOTION by Droste to close the Public Hearing for Business Subsidies Criteria Policy. Second by Riley. Ayes: Riley, DeBettignies, Droste. Nays: None. Motion carried. MOTION by DeBettignies to approve the policy for Rosemount Business Subsidies Criteria. Second by Riley. Ayes: DeBettignies, Droste, Riley. Nays: None. Motion carried. Precinct Split and Polling Location Designation City Clerk Jentink presented a proposed split to voting Precinct 5 to form two precincts, 5A and 5B. Jaycee Park Shelter proved to be inadequate at the last election as a polling location. Only half the number of voters will be using it with this proposed change which should improve the situation both for voters and election judges. The north half of Precinct 5 will vote at a room in St. Joseph's school. It is next to the old sanctuary, called the Gathering Place, 14375 South Robert Trail. The room is handicap accessible and there is adequate parking in the lot next to Highway 3 and 143 Street. It is hoped that Precinct 5A will be able to vote at Our Savior's Lutheran Church across County Road 42, north of its boundary in future elections. Our Savior's Lutheran Church is undergoing major remodeling this fall. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 2004 The polling location for Precinct 4, United Methodist Church, is not available for voters this year due to ongoing ministries. It is proposed to use the Public Works garage at 14455 Brazil Avenue, for the polling location for Precinct 4. Public Works Supervisor Cook indicated he could accommodate both election judges and voters in the bays of the old fire hallipublic works garage and provide adequate waiting space and parking. MOTION by Riley to approve A RESOLUTION SPLITTING PRECINCT 5 TO PRECINCT 5A AND 5B AND ESTABLISHING POLLING LOCATIONS for the 2004 elections. Second by DeBettignies. Ayes: Droste, Riley, DeBettignies. Nays: None. Motion carried. Irish Dome LLC Lease Agreement Parks and Recreation Director Schultz reviewed the Sports Dome lease between the Irish Dome LLC, Independent School District 196 (I.S.D. 196). and the City of Rosemount. The Department of Natural Resources has stated that because the original 1980 LAWCON grant was awarded as a joint project to the City and school district, the City would need to be included in the lease. City Attorney LeFevere has reviewed the lease and discussed it with legal counsel for I.S.D. 196. An indemnification clause was included releasing the City of any responsibility toward the grant qualifications. This clause does not release the City from any negligence or wrongdoing claims; however, this structure is entirely on school property so it is unlikely the city would be included. The lease term is twenty -five years and the parties could renegotiate at that time. The School Board approved the lease agreement on April 12, 2004. MOTION by DeBettignies to approve the lease agreement between Irish Dome LLC, Independent School District 196 and the City of Rosemount. Second by Riley. Ayes: Riley, DeBettignies, Droste. Nays: None. Motion carried. Announcement City Engineer Brotzler announced there would be a resident informational meeting on Thursday, April 29, 6 to 7:30 p.m. for the North Central Sewer Study at the Rosemount Community Center. Parks Recreation Director Schultz announced there would be a Community Facilities Task Force meeting on April 29, 7 to 9 p.m. at the Community Center regarding community park and recreation needs. Mayor Droste reviewed the upcoming meetings. City Administrator Verbrugge noted this was National Administrative Assistant Week and he thanked all city staff that support the major departments for the fine job they are doing. Mayor Droste adjourned the meeting at 8:25 p.m. The City Council Agenda Packet is Clerk's File 2004 -15. Respectfully submitted, Linda Jentink, Clty Clerk Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 20, 2004 Pursuant to due call and notice thereof, a City Council Work Session was held on Tuesday, April 20, 2004, at 8:35 p.m. at City Hall. The meeting was held following the regular City Council meeting. Mayor Droste and Council Members Riley, Shoe Corrigan, and DeBettignies were present. Also in attendance were City Administrator Verbrugge, Community Development Director Lindquist, Parks and Recreation Director Schultz and City Engineer Brotzler. Industrial Land Uses in the HWY 3 /County Road 46 Area Community Development Director Lindquist reported that a property owner near HWY 3 and CR 46 is considering expanding to a parcel east of HWY 3. Staff is concerned about the current zoning in that area that may not attract the types of businesses the community would like to see on a primary gateway site. The current zoning is General Industrial (GI). The permitted uses in GI include asphalt. cement and concrete production, motor freight terminals, refiner' and storage of crude oil, manufacturing and warehousing, mineral extraction, and adult uses. HWY 3 was relocated in this area three years ago. Staff suggests that the zoning and perhaps the existing zoning district standards and permitted uses should be examined. A moratorium on development might be necessary to allow time for review. Council discussed options. Mayor Droste noted that there may be an environmental issue due to sandblasting on the corner site. With the downtown redevelopment, some businesses may be looking for relocation in this area. Some of the businesses are auto related. Council Member DeBettio lies recalled a conversation where it was suggested that Carlson's Tractor should move to that area. Community Development Director Lindquist suggested that light industrial may be more appropriate. The property owners could be contacted and allowed sixty days time for continents. The process may be three to six months. Council directed staff to place this on a future City Council agenda for notice of a moratorium. Trash Enclosure Discussion and Update Community Development Director Lindquist requested direction on enforcement of noncompliant trash enclosures. Last year the City focused on commercial and industrial properties to bring them into compliance in regard to trash enclosures. The Building moratorium in the downtown area will be lifted May l'. The Code Enforcement official has recorded nine violations in the downtown area and five violations outside the downtown area. He has concerns about demonstrating equity and selective enforcement. Twenty -nine property owners have brought their properties into compliance with the trash enclosure requirements. Staff did amend the ordinance to allow chain link fence with privacy inserts as acceptable trash enclosures to lower the costs. Council noted that this is a common code requirement in most cities. The downtown businesses have felt pressure by the City due to the moratorium and possible redevelopment. There was concern for the uncertainty of redevelopment which can create possible ill will between the city and downtown businesses if the city continues to enforce this requirement. The redevelopment of 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 20, 2004 downtown will take many years and some reasoned that it is not a good idea to lower building standards: it is the cost of doing business. Staff was directed to move ahead with enforcement, but it would require very good communication. Council suggested they visit with individual business owners to discuss the ordinance requirements. Staff will be asking for a legal opinion from the City Attorney about the enforcement questions raised during the meeting and bring that information back to the Council. The meeting was adjourned at 9:10 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2004 -16. Linda Jentink, City Clerk Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL CITY COUNCIL MEETING APRIL 26, 2004 A special emergency meeting of the Rosemount City Council was held on April 26, 2004, at 4:07 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members Riley, Shoe Corrigan and Strayton in attendance. Also in attendance were City Administrator Verbrugge, City Engineer Brotzler, and George Hoff, the League of Minnesota Cities Insurance Trust appointed counsel representing the City. City Administrator Verbrugge indicated that the purpose of the emergency meeting was to consider a proposed settlement of litigation with Progress Land and introduced Mr. Hoff. Mr. Hoff indicated that litigation between Progress Land and the City of Rosemount was scheduled for a hearing before the Court of Appeals on Thursday, April 29, 2004. Mr. Hoff received word today of final details regarding a proposed settlement agreement with Progress Land. Therefore. it is necessary that this matter be considered on an emergency basis by the City Council today, so that the matter may be finalized before the Court hearing. Mr. Hoff stated that a closed executive session was required to discuss [natters protected by the attorney- client privilege related to the pending litigation, entitled Progress Land v. City of Rosemount and Soo Line Railroad. Council Member Strayton moved, Mayor Droste seconded, to move into executive closed session. The [notion passed 4 -0. The City Council met in closed executive session from 4:09 p.m. until 4:16 p.m. Mayor Droste moved, Council Member Riley seconded, to close the executive session and reopen the special emergency meeting. Motion passes 4 0. Mr. Hoff recommended that the City Council accept the proposed settlement. Council Member Riley moved, Council Member Strayton seconded, a motion to enter into an d authorize execution of he settlement agreement presented with Progress Land and the Soo Line Railroad conditioned upon receipt from the Railroad verification of dismissal of its cross -claim against the City. Motion passed 4 -0. Mayor Droste made a motion to adjourn the meeting. Motion passed 4 -0. The meeting was adjourned at 4:17 p.m. Respectfully submitted, Jamie Verbrugge, City Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, May 4, 2004, 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 Attorney LeFevere, City Engineer Brotzler, Parks and Recreation Director Schultz. Police Chief Kalstabakken and City Clerk Jentink. The Pledge of Allegiance was said. Mayor Droste noted additional information provided by city staff for Items 6. 1. SKB Memorandum of Understanding. City Administrator Verbrugge requested an Executive Closed Session for an assessment appeal settlement related to Connemara Trail, Phase 2. Mayor Droste agreed to the Executive Session. Mayor Droste moved to accept the agenda as amended. Second by Riley. Ayes: Five. Nays: None. The agenda was adopted. Proclamation for the American Legion Auxiliary Poppy Days Mayor Droste presented a proclamation to pronounce May 14 and 15 as Poppy Days in Rosemount. The poppy has become the memorial flower for the war veterans and their families. Public donations help with funds for rehabilitation programs within each local community that benefits veterans, their families, and ultimately our state and nation. Mary Kropelnicki, representing the American Legion Auxiliary, requested this proclamation. MOTION by Droste to proclaim May 14 and May 15, 2004 as Rosemount Poppy Days for the American Legion Auxiliary and Veterans of Foreign Wars and Auxiliary. Second by DeBettignies. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Special Event City Wide Garage Sale Parks and Recreation Director Schultz announced the City Wide Garage Sale on May 13 through 15. This is the first time that the City has sponsored the event. There have been 113 residents registered, each of which will be marked on a map that is distributed at local businesses, City Hall, and the Community Center. The map will also be published in a full -page ad in the Rosemount Town Pages. Schultz also noted that a City Clean Up Day is scheduled for May 15 from 8:00 a.m. to noon at the Dakota County Technical College. The Police Department sponsors an unclaimed property sale on May 15 in the northwest parking lot by City Hall beginning at 10:00 a.m. The most common items in the sale are bicycles. The public is welcome. Consent Agenda Council Member DeBettignies asked that Item 6.j. Resignation of a Firefighter be pulled for discussion. Council Member Strayton asked that Item 6.1 SKB Memorandum of Understanding be pulled for discussion. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 2004 MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.j. and 6.1. for discussion. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe- Corrigan, Droste. Nays: None. Motion carried. a. Minutes of April 20, 2004 Regular City Council Meeting b. Minutes of April 20, 2004 Work Session c. Bills Listing d. Receive Donation Parks Recreation Department e. Expenditure from Donation Account Parks Recreation Department f. Declare Surplus Equipment g. Authorize Feasibility Report for Brockway Public Improvements, City Project 381 h. Authorize Recruiunent of Police Officer i. Termination of Employee j. Rccigttation of a Firefighter k. LELS Police Unit, Labor Agreement 2004 -2005 4,—S&B-Ik4omorandum of Understanding Item 6.j. Resignation of a Firefighter Council Member DeBettignies honored Robert Anderson, affectionately known as RC, for his twenty years of service on the Rosemount Fire Department. DeBettignies sent his best wishes and thanks from the City, himself, and his family. MOTION by DeBettignies to accept the resignation of Robert Anderson from the Rosemount Fire Department. Second by Shoe Corrigan. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried. Item 6.1. SIB Memorandum of Understanding (MOU) Council Member Strayton asked about a time line for the closing of a library site as shown in Section 2.2 and a contribution to the library site. Attorney LeFevere noted this is a bi- lateral contract. SKB could negotiate change in the future and the City could amend the Interim Use Permit. However, LeFevere said the City could also bring a suite forward to compel the tnist board to carry out the Agreement. Strayton noted he was not comfortable leaving this open ended. City Administrator Verbrugge noted that the timing is directed by the City's acquisition of a site for the library. If a site is not found, no contribution will be necessary. The Memorandum of Understanding also addressed some changes in the SKB Trust Fund as follows: a.) 50% of annual revenues to the Trust Fund from SKB operations will be redirected to the City of Rosemount to be applied toward projects detailed in the City's Capital Improvement Plan. b.) The SKB Trust Fund will make a one -time donation of $500,000 to the City, following the transaction closing on the property, to help pay for the cost of land acquisition for a Dakota County branch library in Rosemount. c.) The City will allow the SKB Trust Fund to increase annual community distributions based on the Consumer Price Index or percentage population growth in Rosemount, which ever is greater. These amendments were considered and approved by the SKB Trust Board. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 2004 SKB requested relief from the Enhanced End Use Plan that was presented with the March 2003 htterim Use Pemrit approval. Because of the industrial surroundings, it is unlikely that a true recreational use is practical there. The standard state approved end use plan for cover and closure was recommended. This does not require any tree plantings. In return, SKB will pay the City $25,000 annually for the next ten years to fund any landscaping needed upon closure of the landfill. The closure design, Map Drawing 11, is being revised by the Minnesota Pollution Control Agency which is covered in Sections 3.1.1 and 3.1.4 of the MOU. SKB Environmental submitted a letter dated May 4, 2004 stating their concurrence with the terms of the MOU. MOTION by Riley to approve the Memorandum of Understanding between SKB Environmental and the City of Rosemount. Second by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. PUBLIC HEARING: On Sale Liquor License Amendment for CELTS Mayor Droste opened the Public Hearing. The Affidavits of Posted and Published Notice were on file. City Clerk Jentink presented the amendment request by owner Brandon Barth to change his on sale liquor license to a Class A, which is unrestricted as to the percentage of revenues derived from the sale of food and nonalcoholic beverages. CELTS currently holds a Class B which required 51% food and nonalcoholic beverages. The Class A license fee is S4,500 yearly. CELTS was also found to meet the location requirements for a Class A establishment. Mr. Barth plans to expand his business this year and will return for another Public Hearing for that expansion. Brandon Barth, 3349 Delaney Circle, Inver Grove Heights, owner of CELTS noted that he will keep business as usual with the same menu. The expansion will incorporate the north end of the building into an area for pool tables, darts, video games, and a dance floor. This will give customers entertainment and encourage them to stay longer. Barth plans on six weeks for construction and hopes for a July 1 completion date. Council Member DeBettignies noted he was glad the menu wasn't changing and Council was encouraged to see a Rosemount business expanding. Mayor Droste opened the floor to public comment. There was none. MOTION by Droste to close the Public Hearing for an On Sale Liquor License Amendment for CELTS. Second by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. MOTION by Riley to approve a RESOLUTION TO AMEND THE ON -SALE LIQUOR LICENSE FOR CELTS /BARMAN'S HOSPITALITY GROUP INC., 14506 SOUTH 1 1 1 ROBERT TRAIL. Second by Shoe Corrigan Shoe Corrigan. Nays: None. Motion carried. Announcements Mayor Droste reviewed the upcoming meetings. The City Council Agenda Packet is Clerk's File 2004 -17. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 2004 Ayes: Droste, Riley, Strayton, DeBettignies, Council Member DeBettignies commended Officer Tim Murphy for his work with the youth D.A.R.E. program. He had attended the graduation of twenty -eight fifth graders from St. Joseph's School. St Joe's essay winners were: Mitchell Bohlke, Colin Busho, Diana Drapac, Meghan Duffy and the DARE Spirit award was Chad Berg. The principle was grateful for the funding support from the City and thanked the Mayor and City Council Members. Another D.A.R.E. graduation will be May 7' at 1:30 p.m. for the Rosemount Elementary' School and one in June for Shannon Park Elementary. Mayor Droste closed the meeting at 7:55 p.m. to convene an Executive Closed Session for the purpose of addressing two special assessment lawsuits. If action is required following that meeting the City Council will reconvene the meeting to do so. Following the Executive Closed Session no action was required. Mayor Droste adjourned the meeting at 9:09 p.m. Respectfully submitted, Air Linda Jentink, Cit+lerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MAY 4, 2004 Pursuant to due call and notice thereof a City Council Work Session was held on Tuesday, May 4, 2004 at 9:12 p.m. at City Hall. The meeting was held following the regular City Council meeting. Mayor Droste and Council Members Strayton, Riley, Shoe Corrigan, and DeBettignies were present. City Administrator Verbrugge also attended. Library Land Acquisition City Administrator Verbrugge has met with St. Joseph's Parish Administrator Gary Mitchell. The discussion was only about process to this point. Another meeting is arranged for Friday, May 7, 2004. The City should have the buildings appraised for value and needed improvements before committing to a contract. The Catholic School is not expected to move out until 2010 unless funding can be achieved for their new site on Biscayne Avenue. The sanctuary and gathering space would be available for the library needs. The Parish leaders are aware that the property is more valuable as one parcel than if divided. A possible phasing or rental arrangement could be considered. This sale also requires approval from the St. Paul Diocese for the Catholic Church. The City could raise funds from selling bonds or using a contract for deed. It was suggested that City Administrator Verbrugge have Mr. Mitchell look at the Lakeville church that became an art and community center. Downtown Design Guidelines City Engineer Verbrugge noted that Community Development Director Lindquist is pulling together a downtown design with the aid of the Downtown Development Committee. Now that the moratorium is lifted for this area, we expect the ALDI grocery chain to bring their concept plan in. UPDATES Fireworks Ordinance City Administrator Verbrugge presented two versions of the firework ordinance. One included a license /inspection process, the other did not. Council was concerned with the inventory that businesses already have acquired because there was no ordinance in place. Verbrugge suggested consideration at Council in June with a August 1, 2004 implementation date. The fees are set by State Statutes at S100 for resident business and S350 for a temporary business. The Fire Marshall would be doing inspections and enforce standards for storing and selling. Buildings need to have sprinkler systems. Council agreed with the ordinance including licensing and inspection. Mining in Empire The northern strip of Empire from Diamond Path to the University of Minnesota property in Rosemount along 160 Street, about 3000 acres, is planned to be strip mined for sand and gravel over he next twenty years and then reverted back for development. The legislature is contemplating mining fees and cities would like to have host agreements for host fees. Legislation Council Member Shoe Corrigan noted that weekly updates can be received from the House called, "Session Weekly The registration is on their web page. It was noted this week that at best the Minnesota Zoo is losing all but S19 million dollars apportionment. 1 1 The meeting was adjourned at 9:47 p.m. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MAY 4, 2004 Respectfully submitted, City Clerk Jentink The City Council's Agenda Packet is Clerk's File 2004 -18. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, May 18, 2004. 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 Attorney LeFevere, Parks and Recreation Director Schultz, Police Chief Kalstabakken, Conununity Development Director Lindquist and City Clerk Jentink. Girl Scout Troop 2331 Presented the Colors honoring the American Flag and leading in The Pledge of Allegiance. Troop Co- leaders Amy Golla and Kathy Duff accompanied the Girl Scouts. Mayor Droste noted his appreciation. Mayor Droste and City Council received additional information provided by city staff for Item 6. i. Receive Bids /Award Contract Biscayne Pointe North, City Project 354: received bid amount and recommendation to Erickson Construction, Inc. in the amount of 5327,039.89; Item 6.k. Evermoor Crosscroft 2 Addition Final Plat, DR Horton was pulled off agenda expecting to move forward at a future meeting; Item 7. Application for an Off Sale Liquor License PCS Liquor, LLC received a memo from the Police Department with a positive report; and it was noted that the resolution in Item 9. Application for On Sale Liquor License Amendment for CELTS had a correction to the approval date on it. Attorney LeFevere also requested to add an item under New Business, Item 11.b Settlement for McMenomy /Elertog Assessment Appeal and Condemnation. Mayor Droste moved to accept the agenda as amended. Second by DeBettignies. Ayes: Five. Nays: None. The agenda was adopted. Dakota County Park Resolution of Support Parks and Recreation Director Schultz presented a review of Dakota County's proposal for a regional park about one and a half miles south of 160 Street. Kurt Chatfield, representing Dakota County. noted key advancements in their planning. The County examined seven sites in the southwestern portion of Dakota County and found only two areas that had high quality resource areas suitable for a regional park. The preferred area is within service areas for Lakeville, Farmington and Rosemount. There would be trail connections with UMORE Park which allows horses and cross country skiing. Dakota County has been found to be the second lowest county provider of park services per population and Dakota County is projected to grow by over 100,000 people in the next ten years. The two parcels selected. the Butler parcel which has 780 acres and the Miles parcel which has 460 acres that are next to the Empire Treatment Facility. The site is remote, has the Vermillion River traversing it, and has scenic Butler Lake in it. Similar to a State Park, you would find much wildlife and nature to interact with. Mr. Chatfield displayed a concept neap explaining the site. Several governmental agencies have been contacted for their input and possible future grant applications. Council Member Shoe Corrigan suggested the Trust for Public Land be contacted for possible funding. The sites proposed were identified by Metropolitan Council as future Greenway Projects. Dakota County was not asking for funding from Rosemount. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 2004 Mayor Droste and Council thought the park concept plan in Empire would be a benefit to Rosemount residents and looked forward to it moving ahead. MOTION by Riley to approve A RESOLUTION SUPPORTING THE PLANNING OF A REGIONAL PARK IN EMPIRE, MINNESOTA. Second by Shoe Corrigan. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Consent Agenda MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.k. and added information for 6.i. Second by Strayton. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. a. Minutes of May 4, 2004 Regular City Council Meeting b. Minutes of May 4, 2004 Work Session c. Minutes of April 14, 2004 Work Session d. Bills Listing e. Receive Donation —Parks Recreation Department f. Receive Donation Police Department, Equipment Fund g. Change Order 41 Well #12, City Project #354 h. Change Order #1 Keegan Lake Outlet, City Project #343 i. Receive Bids /Award Contract Biscayne Pointe North, City Project #370 j. Receive Bids/Reject Bids Asphalt Paver k. Evermoor Crosccroft 2" Addition Final Plat. DR Horton Pulled 1. Interim Use Permit for Adventure Zone 2004 -2007 m. Zoning Text Amendment: Fence Definition 1 n. Zoning Text Amendment: Screening for Off Street Parking, Section 8.1L.6 o. Continued Participation in CDBG Program p. Hiring of Police Records Supervisor PUBLIC HEARING: Application for an Off Sale Liquor License, PCS Liquors, LLC Mayor Droste opened the Public Hearing. The Affidavits of Posted and Published Notice were on file. City Clerk Jentink presented the request by corporate partner Charles H. Christ of PCS Liquors, Limited Liability Corporation (LLC), for an off sale liquor license in Rosemount. The owner of Rosemount Liquors, Rishi Mohabir, proposes to sell his business to PCS Liquors, LLC. The new owners plan to rename the business to Rosemount Liquor Mart. The Police Department presented a memo to Council stating that the background check and investigation did not bring forward any reason to deny this liquor license. The applicable fors, prorated license fee, Certificate of Insurance, and floor plan have been received by staff. Charles Christ and Sean Schumacher commented on their career backgrounds. Mr. Christ is a customs broker and Mr. Schumacher an accounting manager who wish to diversify their investments by entering into the retail sale of liquor. They plan to hire a manager and retain the current employees and then work closely with them. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 2004 Mayor Droste opened the floor to public comment. Current owner, Rishi Mohabir, thanked City Council for their public service. He stated he has enjoyed living in Rosemount for over thirty years and will definitely come back to visit. Council Member Shoe Corrigan noted that the City has appreciated Mr. Mohabir's participation in community events and community organizations and thanked him. Council Member DeBettignies stated that it has been a pleasure having Mr. Mohabir as a business owner in Rosemount. MOTION by Droste to close the Public Hearing for an Application of an Off Sale Liquor License by PCS Liquors, LLC. Second by DeBettignies. Ayes: Five. Nays: None. Motion carried. MOTION by DeBettignies to support a RESOLUTION TO APPROVE THE OFF SALE LIQUOR LICENSE FOR THE ROSEMOUNT LIQUOR MART /PCS LIQUORS, LLC AT 15070 CHIPPENDALE AVENUE. Second by Shoe Corrigan. Ayes: Droste, Riley, Stravton, DeBettignies. Shoe Corrigan. Nays: None. Motion carried. PUBLIC HEARING: Common Boundary Line Adjustment and Vacation of Easement for Richard A. Kot, 13143 Danube Lane Mayor Droste opened the Public Hearing. The Affidavits of Posted and Published Notice were on file. Community Development Director Lindquist presented a common lot line adjustment to shift the shared lot line east to permit construction of a particular home style. This also would require vacation of easements which required this Public Hearing. The builder and lot owner. R.A. Kot, was present. The lots are located at 13143 Danube Lane and 13078 Danube Court. Approximately 980 square feet of land from 13143 Danube Lane will be transferred to 13078 Danube Court to increase the depth of the lot which would allow the home to be aligned to offer more privacy. This does not cause any variance to occur for either lot, all setbacks are met and the access is not changed. The builder stated there are no in ground utilities in the noted easement. Staff reconmrends approval of the boundary line adjustment and an easement vacation, relocating the drainage and utility easements to correspond with the new common property line as presented. Mayor Droste opened the Public Hearing for audience comment. There was no response from the audience. MOTION by Droste to close the Public Hearing for Common Boundary Line Adjustment and Vacation of Easement for Richard A. Kot, 13143 Danube Lane. Second by Riley. Ayes: Five. Nays: None. Motion carried. Council Member Riley asked if any concerns were voiced by neighbors. Community Development Director Lindquist reported that a neighboring lot owner did call and expressed surprise that lot lines could be changed at this point. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 2004 MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE RELOCATION OF A COMMON BOUNDARY LINE between Lots 8 and 9, Block 3, Evermoor Addition, subject to conditions. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried. MOTION by DeBettignies to adopt A RESOLUTION APPROVING VACATION OF THE EXISTING DRAINAGE AND UTILITY EASEMENTS BETWEEN LOTS 8 AND 9, BLOCK 3, EVERMOOR ADDITION, subject to conditions. Second by Shoe Corrigan. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. PUBLIC HEARING: Application for On Sale Liquor License Amendment for CELTS Mayor Droste opened the Public Hearing. The Affidavits of Posted and Published Notice were on file. City Clerk Jentink presented the application for CELTS Irish Pub to expand the square footage of their business by approximately 1700 square feet which requires an amendment to their On Sale Liquor License. This expansion would extend CELTS into the north side of that building which was formally occupied by a tanning salon. No exterior walls of the building would be changed. The remodeling plans will have to go through the normal process review with the building, planning and tire departments. This amendment does not approve the floor plan but allows the expansion for liquor sales. The Police Department's nienio noted that only three service calls have occurred in the last year at CELTS and that CELTS staff is doing an excellent job of preventing problems at the business. Brandon Barth, 3349 Delaney Circle, Inver Grove Heights, owner of CELTS addressed the Council. Mr. Barth asked for approval of the amendment to the on sale liquor license and he offered to have his contractor present the remodeling plan. Mayor Droste declined the presentation at this time. The north half of the building will be remodeled with the same theme as the original business, an Irish castle. Mayor Droste asked if the remodeling of CELTS will return to City Council for a review. Community Development Director Lindquist replied that the process will be handled administratively through department reviews and it would not require further City Council review. MOTION by Droste to close the Public Hearing for the Application for On Sale Liquor License Amendment for CELTS. Second by Riley. Ayes: Five. Nays: None. Motion carried. MOTION by Riley to approve A RESOLUTION TO AMEND THE ON SALE LIQUOR LICENSE FOR CELTS /BARMAN'S HOSPITALITY GROUP INC., 14506 SOUTH ROBERT TRAIL with the date on the resolution of May 18, 2004. Second by Shoe Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 2004 Heritage Development Carrousel Office Plaza Planned Unit Development (PUD) Final Development Plan Community Development Director Lindquist presented the final development plan for Heritage Development of Minnesota, LLC for another building at the southeast corner of Chippendale Avenue and Carrousel Way. The building is a multi tenant office building which is designed as a two -story and has 25,400 square feet of space. Tenants will share a monument sign, access and parking with the movie theater property directly to the east. The applicant has modified the PUD to address all of staffs concerns. The modifications included increasing green space, adding a berm and landscaping, adding a sidewalk around the building and providing proper truck circulation. The property was platted some time ago and proof of the park dedication fee was not found by the City. The burden of proof is placed on the developer to show that the park dedication has been paid or provide that amount. The building is an attractive masonry structure with windows around the exterior. A letter of credit has been obtained. During the Public Hearing at the Planning Commission April 27, 2004, two residents expressed concern about the residential development to the south due to lack of landscaping and general maintenance of the landscaping and poor follow through by the residential builder. Lindquist indicated the current applicant was the owner of the property, but is not now, as it was sold to the builder. Jack Welch, Heritage Development of Minnesota, LLC responded to Council's questions. The shared sign was described as having back lighting with Marcus Theater at the top and six spaces for the tenants of the office building below. Mr. Welch noted he was also frustrated with the developer in regard to weeds. Mr. Welch would hope to have the office space available by next spring. MOTION by Strayton to adopt A RESOLUTION APPROVING THE PLANNED UNiT DEVELOPMENT FINAL DEVELOPMENT PLAN FOR HERITAGE DEVELOPMENT to construct the two -story 25,400 square foot CARROUSEL PLAZA OFFICE BUILDING with shared access, parking and signage on the property located in the southeast corner of Chippendale Avenue and Carrousel Way, subject to conditions. Second by Shoe Corrigan. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Settlement Agreement with McMenomy /Hertog for an Assessment Appeal, Easement, and Condemnation City Attorney LeFevere reported on the appeal of a special assessment and eminent domain for property for ponding and some temporary and pernianent easement for construction on Biscayne Avenue. The agreement is the same agreement that had been discussed at the Closed Executive Session on May 4, 2004 except it is no longer linked to any zoning issues. There will be no payment of interest or appraisal fees by the City. This agreement would save the City money that might be spent on litigation, legal fees for the assessment appeal and condemnation, appraisal fees, and staff time. City Attorney LeFevere recommended a motion approving the agreement and authorizing execution by the Mayor and the City Clerk. MOTION by Strayton to approve the settlement agreement with McMenomy/Hertogs and authorizing execution by the Mayor and the City Clerk. Second by DeBettignies. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried. 1 1 Announcements Council Member DeBettignies congratulated the D.A.R.E. graduates from Rosemount Elementary School fifth grade classes who received seventeen weeks of training for drug prevention. Rosemount Police Officer Tim Murphy reported at the graduation on May 7, 2004, that he thoroughly enjoyed working with these kids because they were bright and enthusiastic. Murphy found it very difficult choosing essay winners because all the entries were very good. Five D.A.R.E. essay winners were selected, one from each fifth grade class: Dailey Burckhard, Matthew Foley, Hillery Davis, Grayson Couture, and Heather Snay. The Spirit Award was presented to Brandt Berghuis for exemplifying the qualities needed to prevent drug abuse. St. Joseph Church School had its graduation last month and Shannon Park Elementary will hold its graduation on June 9, 2004. DeBettignies commended the schools and police department for their efforts. Mayor Droste reviewed the upcoming meetings for City Commissions and City Council. Mayor Droste adjoumed the meeting at 8:43 p.m. The City Council Agenda Packet is Clerk's File 2004 -20. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 18, 2004 Respectfully submitted, Linda Jentink, City'Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 1, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, June 1, 2004, 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 Attorney LeFevere, Community Development Director Lindquist, City Clerk Jentink, and City Engineer Brotzler. The Pledge of Allegiance was said. Mayor Droste and City Council received additional information provided by city staff for Item 6. f. Receive Bids /Award Contract for Meadows of Bloomfield and Meadows of Bloomfield 2 Addition, Street and Utility Improvements, City Project 351: received bid amount and recommendation to award Ryan Contracting in the amount of $4,510,632.85; Item 6.i. Amendment to City Code Title 9, Chapters 1 and 2, First Reading, two additional changes were recommended; Add -On Item 6.j. Minutes of April 26, 2004 Special City Council Meeting; and remove Item 9. Closed Executive Session: Rosewood Estates because it was handled at a previous meeting. Mayor Droste moved to accept the agenda as amended. Second by Riley. Ayes: Five. Nays: None. The agenda was adopted. No public continents were offered from the audience. Mayor Droste noted that David Anderson was not present to receive his recognition plaque for his time on the Planning Commission so item is tabled to the next meeting. Consent Agenda MOTION by DeBettignies to approve the Consent Agenda with the recommendation for Item 6.f., additional information for 6.i., and the addition of 6.j. Second by Shoe Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. a. Minutes of May 18, 2004 Regular City Council Meeting b. Bills Listing c. Receive Donation for Parks Recreation Department d. Donation Expenditure for Parks Recreation Department e. Receive Plans Specifications /Authorize Ad for Bid Crosscroft 2" Addition, Street Utility Improvements, City Project 388 f. Receive Bids /Award Contract Meadows of Bloomfield and Meadows of Bloomfield 2 "d Addition, Street and Utility Improvements, City Project #351 with recommendation g. Request for Municipal State Aid Street Funds Advance h. Evennoor Crosscroft 2 Addition Final Plat, DR Horton i. Amendment to City Code Title 9, Chapters 1 and 2, First Reading two additional changes j. Add -On Minutes of April 26, 2004 Special City Council Meeting Adopt 2004 -2005 City Council Goals City Administrator Verbrugge presented the goals selected by City Council for 2004 -2005. These goals help to provide a high -level of efficient City services within financial constraints and opportunities in the future. This also helps City staff by giving direction with clear expectations 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 1, 2004 for when issues will be addressed and accomplished. The ten goals were listed: Fiscally Healthy City, Downtown Revitalization, Athletic Complex, Library, Air Cargo Facility, Community Events, Increased Diversity in Restaurant Options, City Ordinance Review, Communications, and Marketing. Verbrugge briefly discussed each goal which was reviewed at length at a Special Meeting on March 31, 2004. Mayor Droste noted that there is a mix of short term and long term goals. The City will obtain land for a library and Dakota County is scheduled to build it in 2008. Council Member DeBettignies commended staff and Council for blending priorities in a way that could be supported by City Council and the community. MOTION by DeBettignies to adopt the Rosemount City Council 2004 -2005 Goals. Second by Shoe Corrigan. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Set or Waive Public Hearing for 3.2% Malt Liquor Licenses City Clerk Jentink presented the option that City Council has to waive the public hearing for liquor license renewals. In the past, a public hearing would be used if there were concerns on the operation of any establishment who had made application for a liquor license renewal. Jentink had confirmed with Police Chief Kalstabakken that none of the applicants had police activity that would warrant any concern. Staff is suggesting that the public hearing be waived for the renewals of the 3.2% Malt Liquor Licenses. MOTION by Riley to waive the Public Hearing for renewal of the 3.2% Malt Liquor Licenses for 2004 -2005. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried. Announcements City Engineer Brotzler announced that the Utility Commission meeting was cancelled due to a lack of agenda items. Brotzler also mentioned that Metropolitan Council is having a Public Hearing for a sewer interceptor that would direct sewage to the Empire Treatment Plant. This Public Hearing will be held at the Rosemount Community Center at 7:00 p.m. The Planning Conunission meeting for June 8 is cancelled due to a lack of agenda items. Mayor Droste reviewed the upcoming meetings for City Commissions and City Council. Mayor Droste adjoumed the meeting at 7:48 p.m. The City Council Agenda Packet is Clerk's File 2004 -21. Respectfully submitted, Linda Jentink, ity Clerk Recording Secretary Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday, June 9, 2004 at 6:00 p.m. in the Council Chambers at City Hall. Mayor Droste and Council Members Riley, and Strayton were present. Council Members Shoe Corrigan and DeBettignies were delayed for the start of the meeting. Also in attendance were City Administrator Verbrugge, Assistant Administrator Weitzel, Community Development Director Lindquist, City Engineer Brotzler, Finance Director May, Park and Recreation Director Schultz, Police Chief Kalstabakken, and Communications Coordinator Cox. DISCUSSIONS ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 9, 2004 2005 -2009 Dakota County CIP City Engineer Brotzler recapped the draft letters commenting on the Dakota County's 5 -year Capital Improvement Plan (CIP). The letters provided comments regarding the building section and the transportation section of Dakota County's CIP. The request under the building portion was for the project schedule for the library site to be modified to reflect an operational date of 2008. The transportation letter supported the reconstruction of County State Aid Highway (CSAH) 73, requested advance street name signing at CSAH 38 for Shannon Parkway, requested a tune lane on CSAH 38, supported the CSAI 42 %TH 52 Interchange Project, and requested that funding be identified for the constriction of a bituminous pathway on CSAH 33. The signed letters are due to Dakota County June 18, 2004. Key Financial Strategies This was the fifth meeting to review issues related to the development of the Key Financial Strategies (KFS). City Administrator Verbrugge asked the City Council to consider three principles that would guide the implementation, study and assessment of community issues. The principles were identified as: fiscal health of the City, maintaining City services and infrastructure, and community amenities. It was the consensus of the Council to approve the three principles. Mark Ruff, from Ehlers and Associates Inc, led a discussion regarding the forecast spreadsheets. Areas of discussion included projected revenues and expenses, the Market Value Homestead Credit, levy limits, and property tax rate assumptions. Council Members commended Ehlers Associates Inc. for its work on the KFS document. Members felt this document will make their job easier and will provide a blueprint to the residents. A suggestion was made to incorporate the KFS document into the Marketing Plan and possibly create a Power Point presentation. UPDATES City Administrator advised the Council of the request from William and Bonita Rohr to distribute a letter regarding stonn water nmoff to their property. Mr. Rohr expressed concerned with the possibility of flooding of his home and property should a holding pond be constructed across the road from their property. City Engineer Brotzler indicated there is currently a large pond in the northeast comer that backs up to the Rohrs' property. This pond has no outlet. The Keegan Lake project included an outlet for this pond and the pond on the Brockway site. This project was delayed because of the new 1 Brockway development project. Staff indicated it was more economical to go into that area once for ponding modifications. This project is scheduled for next year. Mr. Brotzler will address Mr. Rohr's concerns and clarify the timelines for these projects. The final development plat for the CPDC project will be on the agenda for the July 6, 2004 City Council meeting. There will be a joint meeting for the City Council and Planning Commission scheduled for Wednesday, June 22, 2004. The next City Council work session is scheduled for June 23, 2004. The City Council's Agenda Packet is Clerk's File 2004 -22. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 9, 2004 The Aldi meeting is scheduled for June 10, 2004. June 14, 2004 is the Met Council Public Hearing regarding the proposed interceptor for the Empire Treatment Plant. Mayor Droste stated the school bonding issue passed in all three areas for the district. The regular City Council Work Session was adjourned at 7:50 p.m. Respectfully submitted, Maryann toffel Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, June 15, 2004, 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, City Attorney LeFevere, Community Development Director Lindquist, City Engineer Brotzler, Police Chief Kalstabakken, Parks Recreation Director Schultz, and City Clerk Jentink. The Pledge of Allegiance was led by the Girl Scout Gold Award recipients. Mayor Droste and City Council received a request from city staff for an additional item under the Consent Agenda: Item 6. q. Resignation of Planning /Personnel Secretary. Staff requested Item 6.i. Evennoor Glendalough 4 Addition Final Plat, Lundgren Brothers be pulled due to plat changes by the developer. The order for Items 9.a. and 9.b. was reversed because the amendment specifically relates to the action requested. Mayor Droste moved to accept the agenda as amended. Second by Riley. Ayes: Four. Nays: None. The agenda was adopted. No public comments were offered from the audience. Girl Scout Gold Award Presentation Mayor Droste reviewed the requirements set for Girl Scouts to achieve the Girl Scout Gold Award. The activities promote community service, personal and spiritual growth, positive values, and leadership skills. Droste noted that about 3,000 Girl Scouts in the United States earn the Gold Award annually and 108 young women earned the award in 2004 in our area, Girl Scout Council of St. Croix Valley. Mayor Droste presented Certificates of Appreciation to Julie Schlichte and Katie Diekes who developed a pilot program to help local teens understand relational aggression. Briana Robertson, Bree Malone, and Teresa Sperl also were honored for that project. Mayor Droste presented Jenny Mike with a certificate. Jenny Mike had worked with Virginia Westlie and their project was sending care packages to the National Guard's men who were deployed overseas. The following Girl Scouts were not able to be present due to travel and other commitments: Tonya App and Molly Jabas who produced books for reading for students who have English as their second language; Megan Campbell and Chrystal Ruiz assembled layettes for young moms in the area; and Rebekah Kelly and Cami Little produced a reading program at the Family Resource Center that included craft activities and games. Mayor Droste and each Council Member commended the Girl Scout Gold Award recipients and thanked then for their contribution to the community. Commissioner Recognition Mayor Droste presented Jeff Weisensel with a plaque of appreciation from the City for his seven years of service on the Planning Commission. Mr. Weisensel served from February 1997 to March 2004. Presentation and Acceptance of 2003 Comprehensive Annual Financial Report (CAFR) Daryl D. DeKam presented a review of the audit performed by Virchow, Krause Company for the City of Rosemount. The audit reported on the year ending December 31, 2003. This audit 1 1 1 included a change in format due to GASB 34 implementation which included a full inventory of values for such things as roads, sewers, storm sewers and watermains. This is the largest change in state law audit procedures in fifty years. The GASB 34 information will be helpful to compare City information year to year and to compare issues with other cities. The report was very favorable. City Administrator Verbrugge thanked Mr. DeKanm for the audit and Finance Director May and his staff for the many hours of work to provide the needed information. Also, Engineer Technician Mark Fremder supplied a vast amount of detail from the GIS System which was essential in the completion of the audit. MOTION by Riley to adopt A RESOLUTION ACCEPTING THE 2003 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Second by Strayton. Ayes: Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Consent Agenda MOTION by DeBettignies to approve the Consent Agenda with the remoN al of Item 6.i. and the addition of Item 6.q. Resignation of Planning/Personnel Secretary. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Droste. Nays: None. Motion carried. a. Minutes of June 1, 2004 Regular City Council Meeting b. Minutes of May 10, 2004 Work Session c. Minutes of March 13 and March 31, Special City Council Meetings d. e. f. g. h. Bills Listings Receive Donation Parks Recreation Department Expenditure from Donation Account Parks Recreation Department Amendment to City Code Title 9 Chapters 1 and 2, Second Reading Receive Plans Spec's /Authorize Ad for Bid- Glendalough 4th Addition Street Utility Improvements, City Project #386 j. 3.2% Malt Liquor License Renewals k. Dakota County Drug Task Force Joint Powers Agreement 1. Hiring of a Police Receptionist m. Hiring of Payroll Clerk n. Set Public Hearing for Downtown Redevelopment Plan o. Amendment to City Code, Title 6 for Fireworks P. Amend City Code for Penalty Clause q. Add -On Resignation of Planning /Personnel Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 2004 PUBLIC HEARING: Liquor License Fees Increase City Clerk Jentink presented the liquor fee increases as they were described in the Fee Resolution approved on December 16, 2003. The fees increased were: Off -Sale 3.2% Malt ($150 to $160), Temporary On -Sale Intoxicating ($100 to $120), Temporary On -Sale 3.2% Malt ($85 to $100), Bottle Club ($85 to $90), and Amendments to Existing Liquor License ($115 to $130). Liquor establishments were given thirty days notice by letter for the Public Hearing. Mayor Droste opened the Public Hearing for audience comment. No comments were offered. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 2004 MOTION by DeBettignies to close the Public Hearing for Liquor License Fees Increase. Second by Riley. Ayes: Four. Nays: None. Motion carried. MOTION by DeBettignies to confirm the established liquor fees for the City of Rosemount. Second by Strayton. Ayes: DeBettignies, Droste, Riley, Strayton. Nays: None. Motion carried. Carrollton 2, 3,& 4 Additions Rezoning from R -A to R1 -A Comtunity Development Director Lindquist gave an overview of why this request was before the Council. RI -A was created to acknowledge single-story or rambler housing patterns. Many homes had Live -foot side yard setbacks which gave them a non- conforming status until rezoned to R1 -A. Some residents in the Carrollton neighborhood desired to build an additional garage within the ten -foot setback. The direction to staff was to rezone the neighborhood and allow that opportunity. The Planting Commission held a public hearing on April 27, 2004 where three residents spoke in favor of rezoning and four residents spoke in opposition of it. The public hearing was continued to May 25, 2004 due to notice requirements. Residents at that meeting voiced concerns about changing the character of the neighborhood. The Planning Commission unanimously recommended denial of the zoning amendment. Council Member Riley was in favor of allowing flexibility to the homeowners by relaxing the side yard setbacks and allowing them to invest in their existing homes and invest in their properties. Council Member DeBettignies noted that residents knew the side yard setbacks when they purchased their homes. City Engineer Brotzler was asked if drainage would be affected by adding a garage stall. Brotzler noted that it could change the drainage but it would need to be determined on a case -by -case basis. Council Member Riley thought the Carrollton neighborhood should have been rezoned with the other neighborhoods in 1992 to R1 -A. Mayor Droste noted that with five -foot setbacks people are not able to park recreational vehicles in their backyard for storage. Council Member Strayton stated he was not in favor of the rezoning. Community Development Director Lindquist noted that the next item on the agenda, a zoning text amendment, clarifies the definition of housing styles. MOTION by DeBettignies to deny the rezoning of the Carrollton 2", 3` and 4` Additions from R1 to RI -A. Second by Strayton. Ayes: Droste, Strayton, DeBettignies. Nays: Riley. Motion carried. Zoning Text Amendment of Section 6.6 Community Development Director Lindquist pointed out the proposed revisions to the minimum side yard setback. The ordinance language does not negatively affect properties currently zoned R1-A by changing standards and therefore making existing structures nonconforming. Newer split -level housing styles may cause some confusion in interpreting the ordinance without the proposed revision. The recommendation would reduce the potential for misinterpretation or appeals of the staff interpretation of the standard. MOTION by Strayton to adopt AN ORDINANCE AMENDING SECTION 6.6 OF THE ZONING ORDINANCE. Second by DeBettignies. Ayes: Riley, Strayton, DeBettignies, Droste. Nays: None. Motion carried. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 2004 Brockway Area Preliminary Plat, Planned Unit Development Final Development Plan, Shoreland Overlay District Permit and Wetland Conservation Act Permit and Outlots of Brockway Final Plat Community Development Director Lindquist introduced Andrea Moffot from WSB Engineering. Ms. Moffot explained that three of the wetland areas had been created for effluent treatment and thereby are not protected by the Wetland Conservation Act and are exempt under Minnesota Rules 8420.0122, Subp. 5. This was verified by the Wetland Conservation Act Technical Evaluation Panel on May 26, 2004. Wetland, number WMP 356, next to County Road 38 on the north side of the property is protected as a Manage H classification. A 30 -foot average buffer is required around the pond. The improvements to CR 38 will impact one side of the pond which will require an expansion on the south side of the wetland. The road will likely be about fifteen feet from the wetland on one side. Mayor Droste asked about the status of Keegan Lake. Lindquist responded that it is DNR protected. Mayor Droste asked about environmental cleanup by the three exempt wetlands. Mike Waldo, from Contractor's Property Development Company (CPDC), explained that the environmental cleanup would require a four -foot buffer to the surface to be considered environmentally safe. Development could occur over these areas in the future. City Engineer Brotzler noted that a lift station may be desired in the water runoff pond off Connemara Trail near the railroad line. The storm sewer has been installed ready to be equipped with a lift station when needed. Additional easements are needed for retaining walls. The standard road width is 28 feet. Community Development Director Lindquist reviewed the proposed changes to the Brockway preliminary plat. The garage size varied with the minimum of 320 square feet. The clubhouse was downsized but still included two meeting rooms, bathrooms, and changing rooms for the pool. The clubhouse would eventually be tamed over to the homeowners association and there would be room to expand. The conservation easements would be similar to Evennoor's. The Homeowner Association would maintain the sidewalks. Todd Stuton, President of Rottlund Homes, reviewed the detail of the housing styles. The townhomes would be eight and ten unit buildings. There would be single family and senior housing as well as affordable housing. It was noted that the theme is an older architectural style with front porches and streetscapes. David Hempel reviewed the park dedication requirement and the pipeline easement that goes through the park area, and layout of the athletic fields. The roads will not go in until November. The park dedication is required with the first phase. Hempel asked if they could dedicate the cash and install the amenities in the second phase. He felt the developer could do the projects cheaper than the city. The plan currently proposes 14 5i acres of parkland and a cash payment of $635,000. 1 1 Mayor Droste adjourned the meeting at 9:46 p.m. The City Council Agenda Packet is Clerk's File 2004 -23. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 15, 2004 This was a discussion item only. The Brockway development and adjoining documents will be considered at the July 6, 2004 regular City Council meeting. Announcements Council Member DeBettignies noted the D.A.R.E. graduation for Shannon Park Elementary held on June 9, 2004. DeBettignies thanked Police Chief Kalstabakken and Officer Tim Murphy for their support and participation of the drug awareness program. Council Member Riley attended the event. Congratulations are extended to all Shannon Park Elementary fifth grade participants. D.A.R.E. essay winners were Megan Fitzgerald, Tony Prostrollo, Sam Moffat, Selena Carlson, and Jonathon Bishop. The D.A.R.E. Spirit award was presented to Sarah Scinto. Council thanked those involved and was proud that the children could gain this knowledge. Mayor Droste reviewed the upcoming meetings for City Commissions and City Council. Droste noted that a Special Election had been called by Governor Pawlenty to select the District 37 Senate position on July 13. A primary may be necessary dependent on how many candidates run in a party. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary DISCUSSIONS ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 23, 2004 Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday, June 23, 2004 at 6:33 p.m. in the Council Chambers at City Hall. Mayor Droste and Council Members Riley, and Shoe Corrigan were present. Council Members Strayton and DeBettignies were absent. Also in attendance were City Administrator Verbrugge, Fire Chief Aker, City Engineer Brotzler, and Communications Coordinator Cox. MCES Empire OutfalUStormwater Agreement City Administrator Verbrugge recapped the proposed agreement for the Met Council's Empire Outfall project for the cohabitation of the waste water systems. The largest area of concern is the term for use which is currently written as an 80 year tern with a provision for a 5 year notice if Met Council wants to eliminate our use of the system. Staff asked for direction on how to address the length of term for the use of the facility. City Engineer Brotzler indicated that if we move forward with this agreement there would be additional investments for the creation of larger holding pond areas. The holding ponds would be designed to maintain stornnvater until the ponds were drawn down at a later date. Disadvantages for not participating with the Met Council were that it would take a longer time to construct our own system and the cost would be in excess of thirty million dollars. Advantages were that we would get an outlet now and the cost sharing would reduce the City's outlay to approximately five million dollars. Staff expressed concern regarding the length of term of the agreement. Pete Willenbrig, from TSB Engineering, was present to answer questions and discuss options regarding the MCES Empire Outfall Agreement. Mr. Willenbrig considered this a long-term agreement and expressed concern with the five -year notice for termination of use. Discussion continued regarding the ownership of easements, the need to plan for future development, the life of the system, and the five year notice for termination of use. Council directed staff to submit an amendment to the draft agreement to have perpetual use of system or, use for an 80 year period and eliminate the five year notice for termination of use. If these amendments were not acceptable, the proposal would be for a flat fee for dumping storm water into their system. Public Facilities Improvements City Administrator Verbrugge asked Council Members to identify any questions or issues they have regarding proposed improvements for public facilities. Facilities identified were a second Fire Station located north of Connemara Trail and west of the Centex Minea development, expansion of City Hall over the existing Police garage, and expansion of the Public Works facility on Brazil Avenue. Fire Chief Aker indicated that a second Fire Station to be located north of Connemara Trail and west of the Centex Minea Development had been in the C1P budget for over ten years. Mr. Aker feels it is now necessary to put the second station on line based upon the number of people 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 23, 2004 residing in the area, the number of calls from the area, the streets and infrastructure are in place, and the number of firefighters living in that area. Mr. Aker indicated a six person committee was formed to see what was needed for a new station. The committee came up with two options. Option one was for a stand -alone fire station. It would service a specific area and would take more fire fighters for staffing. Equipment needed would be the same as Station 141. The second option would be a satellite station. The station closer to the incident would take the lead and be backed up by the other station. It would take less equipment and less staffing. Council Members expressed a preference for option number two. The next step would be to talk with the construction manager and get some cost estimates for construction. City Administrator Verbrugge reviewed the renovation of City Hall which occurred in 2001/2002. At the time of renovation, Staff had recommended finishing the space over the Police garage for future expansion. The City Council decided not to finish the space due for financial reasons. Mr. Verbrugge indicated that some advance planning, low interest rates, and cramped working conditions have prompted consideration of a new renovation project for this area. If renovation were approved by City Council, an update for this project would be brought before City Council in August, public meetings would be scheduled for September /October, the bid would be awarded in February and construction would start in April. Mr. Verbrugge identified the priorities for construction as the second Fire Station being number one, the expansion of the Public Works Facility number two and the expansion of City Hall as number three. The,attendeee on a tour of the Public Works Facility. UPDATES Comprehensive Wetland Management Plan City Engineer Brotzler informed the Council that a work plan goal was to update the Comprehensive Wetland Management Plan (CWMP). Staff is proposing to form a committee to determine the City's objectives and priorities and to develop a policy and plan to meet these objectives. A final plan is anticipated to be ready for City Council approval by November /December. There will be a joint meeting for the City Council and the Planning Commission on Wednesday, July 14, 2004 at 6:00 p.m. An application for an Applebee's restaurant was received. The regular City Council Work Session was adjourned at 8:30 p.m. 1 1 The City Council's Agenda Packet is Clerk's File 2004 -24. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 23, 2004 Respectfully submitted, 77) Maryann Stoffel Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, July 6, 2004, 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, Kim Shoe Corrigan, Riley, and Strayton present. Also present were City Administrator Verbrugge, City Attorney LeFevere, Community Development Director Lindquist, City Engineer Brotzler, Parks Recreation Director Schultz, and Communication Coordinator Cox. The Pledge of Allegiance was led by Boy Scout Troop 270. Additional information was provided for item 6. g. reporting bid results from July 1 with a recommendation for Ryan Contracting Company and item 6.q. revised the Subdivision Agreement subject to approval by the City Administrator and City Attorney. Mayor Droste and City Council received a request from City Administrator Verbrugge for an executive closed session to discuss land acquisition for the library. Mayor Droste agreed to have Council move into a closed session following the meeting. Mayor Droste moved to accept the agenda as amended. Second by Strayton. Ayes: Four. Nays: None. The agenda was adopted. A representative from D.R. Horton asked about when 6.g Receive Bids /Award Contract Crosscroft 2nd Addition Street Utility Improvements, C.P. 388 would be considered and was advised that it is on the Consent Agenda tonight. Boy Scout Eagle Award Presentation Mayor Droste invited Troop 270 Leader Tim Bishop to introduce Kevin Zink and Lance Offerrnann who earned the Boy Scout Eagle Award. Mr. Bishop noted that Troop 270 is sponsored through the American Legion Post. The Eagle Award is the highest rank achieved in the Boy Scouts and the boys will receive their award on July 17, 2004. The purpose of the award is in part. to prepare young men to form ethical values and help their community with a service project. Mr. Bishop recognized adults that had helped influence the values of Kevin and Lance. Kevin Zink provided trees, a management plan, and wildlife habitat improvements in a park in Burnsville. Lance Oppern atm assisted Troop 458 with replacement of all door locks at the Lewis House for Nattered women. These service projects must include plans, materials, and funding arranged by the Boy Scout. The Mayor and Council expressed their support for the Eagle Award program and congratulated each boy, their troop, and their families. National Night Out Police Officer Tini Murphy reported that the National Night Out program helps citizens to take back their neighborhoods. Over 34 million people across the nation participate in it. Last year nineteen areas in Rosemount held block parties to organize their neighborhoods. This helps to deter crime and drug abuse. It also strengthens neighborhoods and provides a better police citizen relationship. Murphy noted this is an enjoyable job with the added benefit of good food. The date of National Night Out is Tuesday, August 3, 2004. Council decided to move their regularly scheduled City Council meeting of August 3 to Monday, August 2 in order to participate in the event. 1 1 Consent Agenda Council Member Strayton asked to have item 6.s., Authorize Expenditure for Relocation of Skate Park, pulled from Consent for discussion. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.s. and the additional information for Item 6.g. and 6.q. Second by Shoe Corrigan. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. a. Minutes of June 15, 2004 Regular City Council Meeting b. Bills Listings c. Receive Donation for Parks and Recreation Department d. Expenditure from Donation Account for Parks and Recreation Department e. Expenditure from Donation Account D.A.R.E. f. Budget Amendments g. Receive Bids /Award Contract Crosscroft 2nd Addition Street Utility Improvements, C.P. 388 h. Receive Feasibility Report/Authorize Preparation of Plans Specifications- Brockway Phase I Street Utility Improvements, City Project 381 i. Addendum to Subdivision Agreement and Agreement with Donald Diane Flach, Meadows of Bloomfield and Meadows of Bloomfield 2 11d .Addition, City Project 351 j. Receive Plans Spec's'Authorize Ad for Bid Rosewood Village 2n Addition Street Utility Improvements, City Project 378 k. Payment #1 Final Uitdenbogerd Addition, City Project 373 1. Change Order #6- Rosewood Estates /Village. City Project 350 m. Payment #14 Final- Rosewood EstatesNillage, City Project 350 n. Change Order #2 Connemara Trail, Phase II. City Project 343 o. Temporary Liquor Licenses for Leprechaun Days p. Authorization for Temporary Street Closings for Leprechaun Days q. Rosewood Second Addition PUD Agreement, Final Plat and Subdivision Development Agreement r. Glendalough Fourth Addition Final Plat and Subdivision Development Agreement s. Authorize Expenditure far Relocation of Skate Park Authorize Expenditure for Relocation of Skate Park Council Member Strayton requested feedback on the location that the Skate Park is being moved to. Parks and Recreation Director Schultz reported that the Central Park hockey rink next to City Hall has been used since last year for the skate park. This required staff to move the equipment for Leprechaun Days events which is hard on the skateboard equipment. Staff requests the skate park be moved to north of the community center by Schwarz Pond Park. This will require a new lift of asphalt, an eight -foot fence, pad, benches, and a solar security light system. The estimated expense is $16,800. The Parks and Recreation Commission support this recommendation. Council agreed with the direction of the Parks and Recreation Commission and thanked them for responding to the needs of the community. MOTION by Strayton to authorize expenditure of park improvements funds to improve Schwarz Pond Park for relocation of the skate park. Second by Shoe Corrigan. Ayes: DeBettignies, Shoe Corrigan, Droste, Strayton. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 2004 1 1 PUBLIC HEARING: Development Framework for Downtown Rosemount Community Development Director Lindquist presented the Development Framework for Downtown Rosemount. Lindquist was excited to present the results of the hard work that the thirteen- member citizens committee prepared. She also recognized Mark Ruff of Ehlers Soociates, Bill Schatzlein of Shatzlein Associates, and Rusty Fitield of Hoisington Koegler Group, Inc who assisted the City during the planning process. Rusty gave a PowerPoint presentation to the City Council and for the public. He noted that the Development Framework will be used as a visioning and guide tool to help revitalize the downtown area. This also sets the groundwork to advertise and attract developers to the downtown Rosemount area. The Development Framework will help to judge projects and choose opportunities to enhance and develop downtown which will raise the tax base for property owners. It was emphasized that this is not a blueprint but will create an environment that will provide a mixture of old and new businesses driven by the development market. Some two -story buildings are recommended in the commercial area with residential or office space units on the upper floors. Housing would be allowed to till in where retail is not viable. One of the priorities is to bring more people to the downtown area expanding the customer base. The proposed library would encourage downtown pedestrian traffic. The area south of 147 Street on Highway 3 is suggested to be retail made to look like older housing for shops or office space. The Brockway development will provide Tax Increment Financing to encourage developers. Mayor Droste and Council and city staff wished to sincerely thank the members of the Downtown Redevelopment Committee: Maureen Geraghty Bouchard, Michael Baxter, Leslie Defries, Rita Dupre, Richard Daniels, Laurie Humphrey, Ed McMenomy, Jason Messner, Mary Riley, Jay Tentinger, Mark Toombs, Chuck Terry, Kim Shoe Corrigan, and Jeff Smith. Mayor Droste opened the Public Hearing for audience comment. Kate Phillip, Dekalb Avenue, asked if there are plans for affordable housing in the framework. City Administrator Verbrugge responded that the Brockway development will have affordable housing. Dakota County recommended this inclusion of affordable housing which city staff has acted on and is one of the priorities of the Port Authority. Mike Hermann, owner of Shenanigan's Pub, asked about relocation and how business owners are to proceed. Mr. Hermann stated he felt they would be losing business. City Administrator Verbrugge said there are very strict guidelines to protect businesses for relocation and the revitalization of downtown should improve the flow of customers. The Port Authority is excited to work with any business looking for opportunities. Council Member Shoe Corrigan said it is important to work with existing businesses but it is too early in the plan to give definite answers. Council Member DeBettignies said he appreciated Mr. Hermann's comments and that he understood his right to feel this way. DeBettignies asked for patience because the revitalization is a long -term goal and this will take positive attitudes with a joint effort. New ideas are welcome and the Port Authority will help determine what is right for the community and businesses. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 2004 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 2004 Council Member Strayton asked how housing fits in with retail -office space. Consultant Rusty Fifield of Hoisington Koegler Group, Inc. stated that the mixture of retail sales and housing makes the development more profitable. Office type businesses can work well over storefronts and this increases the value by adding more density. Mr. Fifield noted the locally based specialty retail will help draw shoppers to the area. Mayor Droste noted that the market research found that more than 27,000 square feet of retail space could be supported in the downtown area. Council Member Strayton stated that the market is going to drive this project and change is not welcome by some businesses. Strayton commended the thirteen member committee representing the diverse population of Rosemount. This Development Framework is a blueprint to help partner with developers and business owners with TIF funds available. This is the first step to create the environment to move forward in this fast growing city. MOTION by Droste to close the Public Hearing for. Second by DeBettignies. Ayes: Four. Nays: None. Motion carried. MOTION by Shoe Corrigan to adopt A RESOLUTION APPROVING THE DEVELOPMENT FRAMEWORK FOR DOWNTOWN ROSEMOUNT. Second by DeBettignies. Ayes: Droste, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Brockway Area Preliminary Plat, Planned Unit Development Final Development Plan, Shoreland Overlay District Permit and Wetland Conservation Act Permit and Outlots of Brockway Final Plat, WCA Permit and Mitigation Plan Community Development Director Lindquist reviewed some changes to conditions of the preliminary plat. Upon being asked by the Council, City Engineer Brortler explained that the developer, Contractor's Property Development Developers Company (CPDC), has had a good rapport with the City during Evermoor's development. Dave Hempel was very responsive to city staff.. Council Member Shoe Corrigan reported living near Evennoor and that she had experienced building debris problems. She hoped staff, the developer, and future builders would be considerate of this problem during Brockway's development. Mike Waldo, CPDC indicated that the number of builders in Evermoor made it harder to manage and the primary builder in Brockway will be Rottlund. Reducing the number of builders in the project will assist CPDC in maintaining control and ensuring better compliance with city requirements. Mike Waldo, from CPDC, presented a list of contractors who may be doing the building. Staff had no objections to any contractors on the list. Council discussed details of the landscaping. The Council indicated it was important to have CPDC do all of the landscaping along Highway 3. As currently proposed the developer and the home builder would each do a portion of the landscaping. Council held CPDC responsible for the completion of the landscaping on the bemrs. City Engineer Brotzler explained the traffic concept and the impact plans. Traffic signals will be placed on Highway 3 at CR 38' McAndrews Road and Connemara Trail. Brotzler also discussed the drainage issues with Rohr's property and Arlyn Evenson Pond area. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 6, 2004 Community Development Director noted changes to condition #11 regarding the provision of affordable units in the development. The developer is comfortable providing 60 affordable units but they may not be the same units that have the smaller than ordinance required garages. City Attorney LeFevere drafted revised language relating to the provision of the affordable units, the minimum size of the smaller garages, and the maximum number of garages that can have smaller garages. Condition #15 was amended to pennit 8' coniferous trees and to ensure that all landscaping along Highway 3 berms be installed by the developer in conjunction with building construction. Condition #21 was amended to restrict fencing along Highway 3, and condition number 25 was amended to require aesthetically pleasing mailbox stations. MOTION by Strayton to adopt A RESOLUTION APPROVING THE ISSUANCE OF A PERMIT IN CONFORMANCE WITH THE SHORELAND OVELAY DISTRICT REGULATIONS FOR THE BROCKWAY AREA PRELIMINARY PLAT. Second by DeBettignies. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carved. MOTION by Strayton to adopt A RESOLUTION APPROVING THE WETLAND CONSERVATION ACT PERMIT AND ACCEPT THE WETLANDS MITIGATION PLAN AND WETLANDS EXEMPTION FOR THE BROCKWAY DEVELOPMENT. Second by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste, Strayton. Nays: None. Motion carried. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT AND PUD FINAL DEVELOPMENT PLAN FOR THE BROCKWAY DEVELOPMENT subject to the changes on conditions 11, 15, 21, and 25. Second by Droste. Ayes: Shoe Corrigan, Droste, Strayton, DeBettignies. Nays: None. Motion carried. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR OUTLOTS OF BROCKWAY. Second by Strayton. Ayes: Droste, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. MOTION by Shoe Corrigan to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE BROCKWAY AREA DEVELOPMENT. Second by DeBettignies. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Amendment to City Code, Title 6: Fire Prevention and Protection Relating to Fireworks Community Development Director Lindquist noted that staff has been working on an ordinance that permits local regulation of fireworks sales. The attached draft has a licensing provision as directed by the City Council at a recent workshop meeting. The first reading was June 15, 2004. Staff mailed the draft ordinance and a notice about the change to local businesses and has not received any comment except that the $350 fee is rather high. City Attorney LeFevere has prepared the ordinance and it has been reviewed by the City's Fire Marshall George Lundy. Council requested that the Ordinance not be published until after August 1 so that it would not interfere with inventory already purchased this year by retailers. The fees are to be set to the state 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR INIEETING JULY 6, 2004 maximum of $100 for Rosemount businesses and $350 for temporary sales. The fees will be placed in the City's yearly fee resolution. MOTION by DeBettignies to adopt AN ORDINANCE CONCERNING THE SALE, POSSESSION AND USE OF FIREWORKS ADDING A NEW CHAPTER TO ROSEMOUNT CITY CODE TITLE 6: FIRE PREVENTION AND PROTECTION. Second by Strayton. Ayes: DeBettignies, Shoe Corrigan, Droste, Strayton. Nays: None. Motion carried. Livable Communities Grant Community Development Director Lindquist requested the continued support of the City Council by form of a resolution to authorize participation in the livable communities demonstration program. The grant application form was presented. Council was supportive. MOTION by Shoe Corrigan to approve the resolution AUTHORIZING APPLICATION FOR A DEVELOPMENT GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM. Second by Strayton. Ayes: Shoe Corrigan, Droste, Strayton, DeBettignies. Nays: None. Motion carried. Announcements Mayor Droste reviewed the upcoming meetings for City Commissions and City Council. Droste noted that a Special Election had been called by Governor Pawlenty to select the District 37 Senate position on July 13. Mayor Droste moved to adjourn to an Executive Closed Session to discuss negotiations for a library site. The meeting was adjourned at 10:25 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2004 -25. Linda Jentink, Ci y Clerk Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS JOINT CITY COUNCIL AND PLANNING JULY 14, 2004 Pursuant to due call and notice thereof a joint meeting of the City Council and Planning Commission was held on Wednesday. July 14, 2004 at 6:07 p.m. at City Hall. The meeting was held following a special Port Authority meeting and before a regular Planning Commission meeting. A special election for Senate District 37 was held Tuesday, July 13, 2004 which caused the change of the Planning Commission meeting date. Mayor Bill Droste and Council Members Kevin Strayton, Mary Riley, Kim Shoe Corrigan, and Mark DeBettignies were present. The Planning Commissioners present were Jason Messner, Terry Zum, Laurie Humpluey, John Powell, and Valerie Schultz. City Administrator Verbrugge, Community Development Director Lindquist, City Planner Pearson, and Assistant City Planner Lindahl also attended. Mayor Droste called the meeting to order and proceeded to review the City Council goals to 1) be a fiscally healthy city, 2) encourage downtown revitalization, 3) plan for an athletic complex, 4) provide a library, 5) site a international air cargo facility here, 6) ensure successful community events, 7) increase diversity in restaurant options, 8) conduct city ordinances review, 9) improve communications, and 10) develop better marketing. The marketing of Rosemount includes reviewing the city logo of the shamrock and coming up with a new package to sell Rosemount to retail and commercial developers. City Administrator Verbrugge reported that many steps have been taken to accomplish these goals already. The Downtown Framework draft has been completed, a facilities task force is exannining athletic sites, Metropolitan Council has agreed to plan Rosemount's stoma water with the Empire Outfall Waste facility, the Key Financial Strategies has been completed, and budget discussions begin tonight. Mayor Droste commended the Planning Commissioners for the tough job they do for the City Council by holding public hearings, making recommendations, and hearing the Board of Appeals and Adjustments. Planning Commission meetings are long hard work, detail oriented, and it is appreciated. Council noted they are committed to be consistent and support the Planning Commission's recommendations. There are three projects moving ahead which City Council is watching carefully. 1) the Highway 42/52 study, 2) rezoning of land east of Highway 3 and 160 Street, and 3) the Rosemount Business Park expansion, 200 acres owned by Pahls. The Planning Conunissioner's said they appreciate City Staff's support with well prepared reports and opportunities to address questions. Also, the training to bring new commissioners up to speed was appreciated. The meeting was adjourned at 6:48 p.m. Respectfully submitted, The City Council's Agenda Packet is Clerk's File 2004 -26. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 14, 2004 Pursuant to due call and notice thereof a City Council Work Session was held on Wednesday, July 14, 2004 at 7:07 p.m. at the Rosemount Community Center. Mayor Droste and Council Members Strayton, Riley, Shoe Corrigan, and DeBettignies were present. Also in attendance were City Administrator Verbrugge, Assistant Administrator Weitzel, Parks Recreation Director Schultz, Police Chief Kalstabakken, Communications Coordinator Cox, Finance Director May, City Engineer Brotzler, and Conmmnity Development Director Lindquist. Mayor Droste called the meeting to order. The Wiklund Property Preservation was moved to the top of the agenda. Wiklund Property Preservation Parks Recreation Director Schultz invited Aina Wiklund and her attorney to the table for discussion. Schultz noted it was a goal of the land owner to preserve all 25 acres. They are not in favor of including a road easement on the northern border of the property. The Wiklund site would be a connection to a greenway into Lebanon Hills Park in the Dakota County Park system. DNR Metro Greenways is proposing to contribute 5125,000 and Dakota County would contribute S250,000. Staff is recommending that the City contribute $100,000. Some restoration has already begun on the land. It will have limited access to provide a wildlife preserve. A management plan is requested and would go with the sale of the land if that ever did occur. The Council had consensus to move ahead with supporting this land preservation as a DNR conservation easement. Facilities Task Force Report Parks Recreation Director Schultz presented the Community Facilities Task Force Report. The members were: Forrest Krogh, Philip Harris, Meghan Cockrerill, Matt Kearney, Mike Winter, Dana Brodt, Tini Wynne, Heidi Grange, Mindy Andreason, Tom Caravello, Smokey Vitek. Mike Eliason, and Phil Sterner. Tim Wynne and Dana Brodt were present to help explain the report to City Council. Mr. Wynne said this has been a learning experience. He knows there is a shortage of ice time and each year it gets harder and harder to fill the needs. The Task Force had a good variety of members represented from seniors to high school age kids. Further study is needed to determine priorities. An on -line survey could be considered. The Task Force identified five facility needs: 1) a senior center, 2) indoor ice, 3) cultural/arts center, 4) aquatic center, and 5) teen center. The short term goals include hiring a senior coordinator and using existing buildings for senior activity programming for the 164 participating seniors. Mayor Droste recommended starting an Arts Commission of three members which might grow into an art society organization. It was suggested that a coffee shop might be incorporated into an art center or library. A teen center was considered, but there are not many long standing successes to model after. Council Member DeBettigties was familiar with a Rap Center which offered activities and counseling which helped curb vandalism. Council noted the Report is a valuable tool for planting. 2005 Budget Discussion City Administrator Verbrugge reviewed the process for determining the budget for 2005. Staff and Council have gone through a Key Financial Strategies program. Direction from Council has been to stay below the 2004 tax rate. This is accomplished in the proposed budget which has the 1 ROSEM1OUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 14, 2004 tax rate declining at 1.5% for 2005. The preliminary budget shows a possible $130,000 levy increase to match the 2004 tax rate. Property valuation is increasing, so residents will still see an increase in their taxes. The County has not determined the final numbers to estimate property taxes at this time. Rosemount lost S350.000 in 2004 and could lose almost S500,000 in 2005 of the Market Value Homestead Credit. Finance Director May noted that the levy amount depends on a formula. The City may lower the requested levy amount but the City cannot increase the amount after the preliminary levy is set. In the past the City has typically levied the amount necessary rather than call for the maximum amount. The Operating Budget was presented showing that salary is 65% of the total budget. A pay equity review will be conducted this year. Health insurance is another large expense. Capitol improvements increased the budget 13 The land purchase for a library site is outside the general levy. It is proposed that a bond sale may be used for financing the library land purchase. Community Development Director said that the Brockway development would not create any Tax Increment Financing (TIF) until 2006. Mayor Droste suggested that the population growth is up 6.5% and the proposed increase of 13% for the levy is too high. Droste noted that many of the added streets are private streets with home owner associations and will not need city maintenance. Four new positions are recommended by staff and council asked for facts or reports showing why they are needed. City Engineer Brotzler reviewed needs for public works. Verbrugge requested a special council meeting the week of August 23' Hiring Practices Assistant Administrator Weitzel recommended a change to the hiring process to reduce the vacancy time of open positions. Staff requested that the City Administrator be given the ability to initiate the recruitment process and make a final hiring decision of all budgeted non supervisory employees. Three Council Members were in agreement with the change and two were not. Council directed staff to prepare some language for consideration at a future time that reflected consensus with the recommendation. PUD Approval Process Community Development Director Lindquist recommended a change to the way the City processes the PUD rezoning process. Staff recommends the Planned Unit Development (PUD) zoning be clearly attached to the property. This will change the information required at the start of the PUD applications during the concept plan review. This will allow better decisions to be made regarding stomr water, traffic, and grading which in turn helps the Planning Commission and City Council evaluate whether they would support reguiding the property land use. Some developers may consider the added expenditure at the outset of a project a hardship, but staff believes that the complexity of projects warrants the requirement. This will require some amendments to the zoning regulations which will be brought before City Council for consideration. City Council was in agreement with this process change. UPDATES Lebanon Hills Park Storm Water Management City Administrator Verbrugge updated City Council on the storm water management of Lebanon Hills Park which was addressed at the Utilities Commission meeting. The City of Eagan has identified Rosemount as a contributing party to their drainage issue along Cliff Road. Dakota County has the expectation that Rosemount will help pay for part of the cost of that project. Rosemount staff and Utilities Commission established that Rosemount's storm water does not 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, July 20, 2004, 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 and Riley present. Also present were City .Administrator Verbrugge, City Attorney LeFevere, Community Development Director Lindquist, City Engineer Brotzler, Parks Recreation Director Schultz, Communication Coordinator Cox, and Code Enforcement Official O'Brien. The Pledge of Allegiance was said. Revised minutes were provided for item 6. a. Minutes of July 6, 2004 Regular City Council Meeting and a request to add -on Consent Agenda Item 6.j. Meadows of Bloomfield Minor PUD Amendment Clarification. City Engineer Brotzler pulled Item 6.f. Payment #5 Final for Chippendale Ave.iCSAH 42 Street Utility Improvements, City Project 344 due to a late change of information. Mayor Droste moved to accept the agenda as amended. Second by Riley. Ayes: Three. Nays: None. The agenda was adopted. Bay Bay Transfer Co., Inc. Recognition Mayor Droste presented a Certificate of Recognition to Dave and Lois Anderson, owners of Bay Bay Transfer Co., Inc. The Andersons received the Entrepreneur of the Year Award by Ernst Young's MiumesotaiDakotas division for business excellence over a sustained period of time. They will go on to national competition. Dave Anderson gave a summary of their business which started in 1988 with 60 trucks. The business has grown to 250 trucks with many family members involved. Mayor Droste and Council Members congratulated the Andersons and sent best wishes for the national competition. Special Event Leprechaun Days Parks Recreation Director Schultz noted the 25 Anniversary for Leprechaun Days this year. Schultz highlighted several of the many events which are advertised in the ThisWeek newspaper on July 17. Something new this year is the Battle of the Bands on Thursday night in Central Park. The parade will be Saturday at noon with fireworks that evening at 10:00 p.m. Events are also listed on the Parks Recreation Hot Line at 952- 985 -1780, #7 and a web site hosted by Rosemount National Bank, www.rosemountbank.com. There are twenty -nine vendors, a carnival, and constant entertainment. This is a great summer celebration for family and friends. Consent Agenda Council Member Shoe Corrigan requested discussion on Item 6. c. Stonex Environmental Assessment Worksheet. Mayor Droste requested discussion on Item 6.j. Meadows of Bloomfield. MOTION by Riley to approve the Consent Agenda with the removal of Item 6.c. and 6. j. for discussion, 6.a has amended minutes and the Item 6.f. was removed from the agenda. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste, Riley. Nays: None. Motion carried. a. Minutes ofJuly 6, 2004 Regular City Council Meeting 1 1 1 b. c. d. e. g. h. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 2004 Minutes of June 9, 2004 Council Work Session Stonex Environmental Assessment Worksheet, Pulled for discussion Bills Listings Declare Surplus Equipment for Fire Department Project 313 Pulled for future consideration Change Order #2 -Well #12, City Project 354 Receive Bids/Award Contract Glendalough 4` Street Utility Improvements, City Project 386 i. Evermoor hutisfree 2nd Addition Final Plat and Minor PUD Amendment Consent j. Add -On Meadows of Bloomfield Minor PUD Amendment Clarification, Pulled for discussion Stonex Environmental Assessment Worksheet Mayor Droste asked City Engineer Brotzler, "What can residents expect from this EAW for a mining operation Brotzler noted that the Environmental Assessment Worksheet (EAW) gives an opportunity for community responses for thirty days. August 2 to September 1. After that time the Environmental Quality Board will examine all details. The mining operation is on an eighty acre site near County Road 38 and CSAH 71. Due to the size of the proposed mining operation, a mandatory EAW is required to be completed prior to the City considering an application for mining. A public hearing at City Council will be held when the proposed mining operation is considered. MOTION by Droste to authorize public distribution of the environmental assessment worksheet as required by Minnesota Rules 4410 for a 30 -day public comment period. Second by Shoe Corrigan. Ayes: Droste, Riley, Shoe Corrigan. Nays: None. Motion carried. Meadows of Bloomfield Minor PUD Amendment Clarification Council Member Shoe Corrigan asked about the setbacks allowed for the new townhome design. Community Development Director Lindquist reported that the Planted Unit Development (PUD) would allow the setbacks at 20 feet from the Atrium Avenue right -of -way and 25 feet for porches along the interior units. Without the PUD the nomtal setback would be 25 feet. The new Cottage Row units will be setback 23 feet. Staff felt the plan needed to reflect the change in setbacks. MOTION by Shoe Corrigan to affirm the Meadows of Bloomfield PUD setbacks for Cottage Row and Carriage town homes as shown on the approved plans and authorize amending the PUD Agreement to reflect the revised building footprint and setbacks. Second by Droste. Ayes: Riley, Shoe Corrigan, Droste. Nays: None. Motion carried. PUBLIC HEARING: North Central Sanitary Sewer Study Plan Update City Engineer Brotzler presented the revised plan for the North Central Sanitary Sewer Study. The City held two infomtational meetings for residents and Council reviewed the draft on April 29, 2004. This will be a tool that can direct staff when development occurs to insure that infrastructure is in place and operational. Engineering Consultant Dave Hutton, WSB 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 2004 Engineering, gave a presentation of the plan. The last revision was done in 1997. The study included updating improvements, estimated costs, identifying failed septic systems by reviewing records, identifying where trunk systems should go, and verifying developer charges for sewer and water. The Trunk Area Assessment fee is 51,015 and the Sanitary Sewer Availability connection charge is $1,125 for per gross developable acre. Fees will recoup most of the infrastructure costs. There may be a need for a joint agreement with the City of Eagan on the northern border for services; however, that request must come from the homeowner. In the future, road improvements and lateral sanitary sewer connections will also need to be looked at. Mayor Droste asked about Keagan Lake and when the drainage issue will be resolved. Brotzler noted that the pipe was placed in the ground with the Connemara Trail project and the Brockway development will complete the connection in 2005. Council Member Riley pointed out that only two lift stations will be needed. Mayor Droste opened the Public Hearing for audience comment. Mary Woodrow- Kreitz, 1785 120 Street, asked about rural residential development versus dense housing in this North Central area. She was concerned with the message City Council was sending by approving the North Central Sanitary Sewer Plan which in her view would open the way for more dense housing units. City Engineer Brotzler pointed out that the infrastructure lasts about 100 years and the cost would be lower with today's dollars than twenty years from now. Council Member Shoe Corrigan noted that this plan does not change the assigned land uses, but it will prevent leapfrog development. Shoe Corrigan noted that the bigger picture has to be looked at to insure a working infrastructure. Staff noted Ms. Woodrow- Kreitz is a resident of Inver Grove Heights. Ilene Beaver spoke representing her mother, Olga Treise, 12391 Dodd Boulevard. Ms. Beaver would like to have sewer and water available to develop their land. She noted that the Twin Cities area needs land to expand residential growth. Jim Schuelke, 12261 South Robert Trail, requested a copy of the plan. City Engineer Brotzler said the plans will be available for purchase in the reception area of City Hall very soon. The next revision of the plan would not be until 2008. Mayor Droste said this study will help detail for developers what costs will be necessary for infrastructure. Droste asked for an explanation of what happens when a septic system has been examined and failed. The size of the lot would detemnine if a mound system could be installed or if a holding tank that would need to be pumped monthly would be needed. inspections are required every two years by MPCA standards and the City keeps data records of the results. Tim Baker, 12920 Danville Avenue, asked if the City actually monitors the status of each septic system. Baker noted that most people clean their septic system once a year, but others never have then pumped or inspected. The City does send out letters requiring compliance with State regulations; however, there is no penalty program. City Engineer Brotzler noted that if the City found a high number of failed systems they could hire a contractor to conduct inspections. Mayor Droste noted that replacing a failed system could cost homeowners up to $15,000. 1 1 ROSENIOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 2004 Contaminating ground water would be a possible public health risk if failed systems were allowed, so the residents should be educated about regulations and consequences. Community Development Director Lindquist noted that a small area at the northern border would be serviced from Eagan. Lindquist reviewed the process to change land use designation. This would require a guide plan amendment directed to the Metropolitan Council for approval, a preliminary plat, then a public hearing, and City Council consideration. This process would take 60 to 90 days. MOTION by Droste to close the Public Hearing for the North Central Sanitary Sewer Study Plan. Second by Shoe Corrigan. Ayes: Three. Nays: None. Motion carried. MOTION by Shoe Corrigan to adopt A RESOLUTION ADOPTING THE NORTH CENTRAL SANITARY SEWER STUDY, CITY PROJECT 375, AS PART OF THE 2020 COMPREHENSIVE GUIDE PLAN IMPLEMENTATION PLAN COMPONENT. Second by Riley. Ayes: Droste, Riley, Shoe Corrigan. Nays: None. Motion carried Receive Plans Spec's /Authorize Ad for Bid for Trunk Highway 3 Cooperative Agreement City Engineer Brotzler explained Minnesota Department of Transportation (MnDOT) requirements that included increased standards for widening CSAH 38 and Trunk Highway 3. This cooperative agreement increases the City's share by $500,000 which would be paid from the Municipal State Aid funds. This would likely delay other projects in the City's Capitol Improvement Plan such as the over pass near Biscayne Avenue. Some reductions in the scope of the project could lower the costs by $185,000. The cooperative agreement would possibly be available by August 17, 2004. MOTION by Riley to adopt A RESOLUTION RECEIVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BID FOR TRUNK HIGHWAY 3 COOPERATIVE AGREEMENT (CONNEMARA TRAIL COUNTY ROAD 38), CITY PROJECT 385. Second by Shoe Corrigan. Ayes: Riley, Shoe Corrigan, Droste. Nays: None. Motion carried. Zoning Text Amendment Relating to Recreational Vehicle Storage and Parking Surface Requirements Code Enforcement Official O'Brien presented an amendment to the City Code and Zoning Ordinance B that will better serve the needs of residents for recreational vehicle (RV) storage. Under the currant ordinance only 24 -hour temporary storage in the driveway is allowed. The proposed amendment would allow reasonable storage linked to the seasonal street parking ban, April 1 to November 1; oversized recreational vehicles would require screening; temporary storage and loading in driveways for 48 -hours would be allowed; and temporary permits would be available for driveway storing of oversized RV's for those visiting a resident. These changes were driven by resident complaints and needs. Staff recommends repeal of the current RV storage ordinance Section 4.9:C of the zoning ordinance. Enforcement is strengthened by placing the ordinance in the City Code. Council determined the amendment was advisable and approved 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 20, 2004 of the seasonal approach. O'Brien said the information would be published in the local paper, a handout will be available at the city hall reception area, and a summary could be included in the water billing newsletter, web site, and cable TV channel. Enforcement has been done by neighborhood in the past. A letter is sent to residents noticing them of the requirements and then an inspection is conducted. MOTION by Riley to adopt AN ORDINANCE PERTAINING TO THE STORAGE AND PARKING OF RECREATION VEHICLES WITHIN THE CITY. Second by Shoe Corrigan. Ayes: Shoe-Corrigan, Droste. Riley. Nays: None. Motion carried. MOTION by Riley to adopt AN ORDINANCE REPEALING SECTION 4.9:C OF THE ZONING ORDINANCE. Second by Shoe Corrigan. Ayes: Droste, Riley, Shoe Corrigan. Nays: None. Motion carried. Announcements Mayor Droste reviewed the upcoming meetings for City Commissions and City Council. Droste noted that the next regular City Council and Port Authority meetings will be held on Monday, August 2, 2004 because of the National Night Out crime prevention block parties on Tuesday, August 3, 2004. Leprechaun Days will begin with the Run for the Gold on July 24` with many events through August 1st, 2004. Mayor Droste adjourned the meeting at 9:20 p.m. The City Council Agenda Packet is Clerk's File 2004 -28. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 2, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Monday, August 2, 2004, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145' Street West. The day of the meeting was changed to accommodate National Night Out on August 3, 2004. Mayor Droste called the meeting to order with Council Members DeBettignies, Riley, Strayton, and Shoe Corrigan present. Also present were City Administrator Verbrugge, Acting City Attorney Vose, Community Development Director Lindquist. City Engineer Brotzler, Parks and Recreation Director Schultz, and Communications Coordinator Cox. The Pledge of Allegiance was said. Mayor Droste and City Council received two additional items for the Consent Agenda from staff. The first was for Hiring of Planning`Persomel Secretary, and the second was Hiring of Police Officer. Mayor Droste moved to accept the agenda with the addition of two items for the Consent Agenda, 6.k. and 6.1. Second by Riley. Ayes: Five. Nays: None. The agenda was adopted. No public comments were offered from the audience. Congressional Art Award Mayor Droste commended Brad Renn who was a district winner of this year's Congressional Art Competition. Renn's pastel collage, "Portrait of a Woman," received top honors in the district represented by Congressman John Kline. Reim and Kline attended a ceremony at the United States Capitol where the portrait will be exhibited for one year. Reim is the 19 year old son of Brad Sr. and Kathy Renn of Rosemount. He is a 2004 graduate of Rosemount High School. Renn considers music his main form of art and performed with his band at the Leprechaun Days "Teen Battle of the Bands" last week. Mayor Droste noted that the 2003 resident survey showed that 79% of Rosemount residents considered arts and cultural presence to be "very important" or "somewhat important." Mayor Droste presented a certificate of appreciation for Renn's accomplishment. Brad Renn thanked his art teacher, Mr. Mittelstadt, for his encouragement and direction. Applebee's Site Plan Review Community Development Director Lindquist presented a drawing of the site plan that was approved by the Planning Commission. No formal action is needed by City Council at this time. One of the City Council's goals has been to establish another quality restaurant offering more diversity for residents. The site is the southwest comer of County Road 42 and Cimarron Avenue, beside Goodyear. Lindquist explained the variances required to accommodate the Planned Unit Development. Applebee's building schedule should allow it to open in December or January with a ribbon cutting ceremony. Council welcomed the new development. Consent Agenda Council Member Shoe Corrigan requested Item 6.i. Resolution to Appoint Election Judges be pulled for discussion. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 2, 2004 MOTION by DeBettignies to approve the Consent Agenda with the addition of Item 6.k.Hiring of Planning /Personnel Secretary and Item 6.1. Hiring of Police Officer, and pulling Item 6. i. for discussion. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. a. Minutes of July 14, 2004 Joint City Council/Planning Commission Meeting b. Bills Listings c. Receive Donation for Police Department d. Receive Donation for the Parks and Recreation Department e. Expenditure from Donation Account for Parks and Recreation Department f. Compensation on Easement Acquisition Eastside Watermain, Phase II. City Project 345 g. Authorize Eminent Domain Eastside Watemtain, Phase II, City Project 345 h. Payment #5 R Final Chippendale /CSAH 42 Improvements, City Project #344 i. Resolution to Appoint Election Judges pulled for discussion j. Full Service Beverage Contract Community Center k. Add Hiring of Planning/Personnel Secretary I. Add Hiring of Police Officer Resolution to Appoint Election Judges Council Member Shoe- Corrigan acknowledged the important job that the election judges do for the voting process in Rosemount. City Clerk Jentink reported that about forty -five election judges were used at each of the special elections in June and July. Those special elections were called for District 37 senate seat. Shoe Corrigan and the Council Members thanked the election judges for their commitment and time. MOTION by Shoe Corrigan to approve A RESOLUTION APPOINTING ELECTION JUDGES for the City of Rosemount in 2004 and to raise election judge hourly salary to $7.75 for election judges and $8.25 for head election judges. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Rosemount Crossing Concept Commercial Planned Unit Development, Steiner Development and AUDI Grocery Community Development Director Lindquist presented the Planned Unit Development for the site on the northwest corner of County Road 42 and Highway 3. This development would include the ALDI's grocery, a mall with several retail stores, a freestanding restaurant, and a drive through coffee shop. Dakota County claimed additional right -of -way on CR 42. The stormwater surface plan was changed to an underground storage system to allow more buildable space. This underground storage system will require routine maintenance with an agreement. Sidewalks and trails will encourage pedestrian traftic. A small pond will be placed on the corner with attractive landscaping. Staff is looking for a classic design to compliment the downtown plan. Lindquist noted discussion for conditions 10 and 17 and requested that conditions 7 and 1 lc be deleted. Discussion was held explaining the underground stormwater system with the developer giving examples of properties using this system. 1 Todd Johnson, Vice President of Steiner Developer, 255 Kentucky Avenue South, Golden Valley and Kathy Anderson, Architectural Consortium gave a detailed presentation of Rosemount Crossing, a Commnercial Planned Unit Development. The plan has evolved from the first draft to a very attractive and functional design. There will be a 65 -foot truck screen -wall behind ALDI and trees and shrubs behind the mall's truck turn- around. ALDI only has six truck deliveries per week. Council Member Shoe Corrigan said the pond area will be an entryway to the City and asked about the landscaping. Todd Johnson noted that trees are not allowed in county easement because of sight lines, but flowers and shrubbery will be used to create a sense of place. Mr. Johnson could not disclose yet what other businesses are interested. Discussion was held regarding condition 10 which might limit negotiations because of timing. Two wording changes were negotiated for condition 10 removing the "first phase of" and adding the words "full service" before restaurant, which would allow the building to be custom designed. Council Member DeBettignies asked for the location and size of waste dumpsters. Acting City Attorney Vose advised that condition 10 read as follows; "The inclusion of a 6500 square foot restaurant, the phasing for which shall be addressed with the PUD agreement." Council was satisfied with that wording. MOTION by Shoe Corrigan to adopt A RESOLUTION APPROVING THE CONCEPT COIIINIERCIAL PLANNED UNIT DEVELOPMENT FOR ROSEMOUNT CROSSING with conditions 7 and 1lc stricken from the conditions; amending condition 9 to include language from the Downtown Architectural Guidelines; adjusting condition 10 to move phasing to the PUD agreement. Council Member DeBettignies requested a friendly amendment to condition 9, correcting the fourth word from were to where; and in condition 10 add "full service" before restaurant. Shoe Corrigan agreed to the friendly amendment. Second by Strayton. Ayes; Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Announcements Mayor Droste spent last weekend visiting Kosovo with Governor Pawlenty to thank and honor the hundreds of National Guard members from Minnesota. Droste said the trip was remarkable and the work the National Guard does to keep peace in the world is very important. Mayor Droste noted that National Night Out will be held tomorrow night, August 3, 2004. Over twenty neighborhood meetings will take place starting at 7:00 p.m. Mayor Droste adjoumed the meeting at 8:48 p.m. The City Council Agenda Packet is Clerk's File 2004 -29. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 2, 2004 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday, August 11, 2004 at 6:30 p.m. in the Council Chambers at City Hall. Mayor Droste and Council Members Riley, Strayton, DeBettignies, and Shoe Corrigan were present. Also in attendance were City Administrator Verbrugge, Assistant Administrator Weitzel, Maintenance Supervisor Cook, Police Chief Kalstabakken, Community Development Director Lindquist, Park and Recreation Director Schultz, Finance Director May, City Engineer Brotzler, and Communications Coordinator Cox. DISCUSSIONS ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 11, 2004 2005 Preliminary Budget Discussion City Administrator Verbrugge continued the discussion regarding the 2005 Preliminary Budget. Areas of discussion included the organizational structure, the year end forecast and the population trend. Council Members expressed confusion regarding the population for the City. Mr. Verbrugge explained that population data is provided to the City from different sources and those numbers can vary. In the future, information that contains population data will be footnoted as to its source. City Engineer Brotzler reviewed the proposed staffing levels for the Public Works Department for 2005. The proposed staff included three new positions; an Administrative Assistant, a Maintenance Supervisor for Utilities, and a Maintenance Supervisor for Streets and Parks. Council Members identified inconsistencies concern with the number of employees and wanted to see where the efficiencies would occur with these new positions. A request was made to see a ten year forecast for staffing levels. Discussion continued regarding the desire to maximize the use of capital equipment and resources; increasing productivity; quality of work; maintaining service levels; positioning the organization for the long tenn; needs versus wants; future referendums; and the percentage of the proposed tax increase. The Council directed staff to provide justification for desired new positions, and rework the budget to reduce the proposed levy increase. This item is to be brought back for further discussion at the work session scheduled for August 23, 2004. Liquor License Regulations Community Development Director Lindquist led a discussion regarding the proposed changes in the ordinance that governs on -sale liquor licensing. The current City ordinance restricts the number of on -sale liquor licenses to six (6). State statue places the limit at 12. Recent State modifications allow exemptions for clubs, restaurants, hotels, bowling centers, and theaters. Staff reconunended that the City amend the ordinance to allow exemptions for restaurants. Council directed staff to bring this item back for discussion after the 42/52 Corridor Study has been completed. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 11, 2004 Glendalough PUD Community Development Director Lindquist reviewed the architectural design changes submitted from Lundgren Brothers for the housing in EN. ermoor Glendalough. Lundgren Brothers proposed larger lots to accommodate side loading garages. Staff was seeking concurrence from the Council regarding the new architectural examples as set forth in the executive summary. Director Lindquist indicated the new styles would be consistent with the PUD standards. Council Members accepted the change. UPDATES Communications Coordinator Cox provided an update regarding the marketing campaign to enhance the City's image. Mr. Cox stated that there have been four meetings to date. The areas discussed at these meetings include an analysis of the City's marketing needs and strategies to improve the City's marketing. The tactics discussion is slated for a meeting in September. The City logo will be reviewed and suggestions or ideas should be forwarded to Mr. Cox. A marketing plan will be brought back for further discussion in November. Mr. Verbrugge announced Senator John Edwards would be campaigning at the Rosemount High School on Friday. August 13, 2004 between 7:30 p.m. and 9:00 p.m. Police Chief Kalstabakken requested direction regarding the associated costs incurred for providing additional security measures. The additional costs to the City were estimated at $1500.00. Council directed staff to present actual dollar costs at the next work session. Director Lindquist requested feedback regarding the request from the VFW to place a military tank on their property along Highway 3. Council members were comfortable with this placement; but expressed a desire to have the VFW remove old signage from the property. City Administrator Verbrugge mentioned the City was still negotiating with Met Council regarding the Empire Outfall Project. Further details will be provided at a later date. Mayor Droste reminded members of the golf tournament scheduled for Friday August 27, 2004. Council Member DeBettignies mentioned the four -lane highway /driveway located on 153 Street and Shannon Parkway. Staff will investigate. The regular City Council Work Session was adjourned at 10:38 p.m. Respectfully submitted, The City Council's Agenda Packet is Clerk's File 2004 -30. 2 Maryann Stoffel Recording Secretary 1 1 impact that area. Verbrugge suggested a letter be sent to the Mayor of Eagan with supporting data and City Council agreed that would be appropriate. Metropolitan Council Sewer and Storm Water City Administrator Verbrugge attended a meeting on July 13, 2004 at Metropolitan Council MCES. MCES will need easements in Rosemount to lay pipe to the Mississippi River. Rosemount has researched and proven that sewage can be mixed with effluent. Metropolitan Council is asking for $5 million dollars to help pay for the project. A news release has been issued by MCES. The meeting was adjourned at 10:35 p.m. City Clerk Jent The City Council's Agenda Packet is Clerk's File 2004 -27. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 14, 2004 Respectfully submitted, 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, August 17, 2004, 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 Attorney LeFevere, Community Development Director Lindquist, City Engineer Brotzler, Parks and Recreation Director Schultz, and Communications Coordinator Cox. The Pledge of Allegiance was said. City Administrator Verbrugge requested that Consent Item 6. q. Evermoor Glendalough Minor PUD Amendment be pulled from the agenda for consideration at a future meeting. Mayor Droste moved to accept the agenda with the removal of 6.q. from the Consent Agenda. Second by Riley. Ayes: Five. Nays: None. The agenda was adopted. No public comments were offered from the audience. Recognition of the Downtown Redevelopment Committee Mayor Droste honored the Downtown Redevelopment Committee for their good participation and the ten months of work toward the creation of the Redevelopment Framework for Downtown Rosemount. Chair of the Committee, Mike Baxter said it was a privilege to serve on the Committee. Baxter thanked city staff for their clear input and scheduling field trips to view other suburban downtown areas. Baxter also thanked the consultants who educated the Committee on Tax Increment Financing, relocation requirements, and design. Baxter encouraged residents to stay involved and noted this was a beginning, not an ending. Mayor Droste presented Certificates of Appreciation to members present: Ed McMenomy, Jason Messner, Jay Tentinger, Kim Shoe Corrigan, Maureen Geraghty Bouchard, Mary Riley, Michael Baxter, and Richard Daniels. Members not present, but also receiving Certificates were: Chuck Terry, Laurie Humphrey, Leslie Defries, Mark Toombs and Rita Dupre. Council Members expressed thanks to the Downtown Redevelopment Committee. Consent Agenda Council Members requested Item 6.j., 6.m. and 6.r. be pulled for discussion. Item 6.q. was removed from the Consent Agenda by staff. MOTION by DeBettignies to approve the Consent Agenda with pulling Item 6. j., 6.m., and 6.r. for discussion and the removal of 6.q. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. a. Minutes ofJuly 20, 2004 City Council Meeting b. Minutes of August 2, 2004 City Council Meeting c. Minutes of June 23, 2004 City Council Work Session d. Minutes ofJuly 14, 2004 City Council Work Session e. Bills Listings f. Receive Donation for Parks Recreation g. Expenditure Approval from Donation Account for Parks Recreation 1 1 h. Declaration of Surplus Property i. Resignation of a Firefighter j. Receive Facilities Task Force Report (pulled for discussion) k. Payment #3 Final Chippendale Water Tower Painting, City Project #374 1. Receive Plans Spec's /Ad for Bid Brockway Reflections Addition Development, City Project #381 m. Trunk Highway 3/MnDOT Cooperative Construction Agreement, City Project #385 (pulled for discussion) n. Authorize Feasibility Report- Glendalough 5` Addition Street Utility Improvements, City Project #389 o. Webb Companies Addition Conditional Use Permit P. Approval of Interfund Loan Transfer q. Lvcrntoor Glcndalough Minor PUD Amendment r. Brockway Area PUD Agreement (pulled for discussion) s. Street Width and Design Standards Zoning and Subdivision Ordinance Amendments Receive Facilities Task Force Report Council Member Shoe Corrigan thanked the members of the Facilities Task Force for their contribution to the community and invited them to be thanked publicly at an up coming Council meeting. Parks and Recreation Director Schultz gave an overview of the report which identified five areas of need: senior center, indoor ice, cultural art center, aquatic center, and teen center. The Task Force found that 1) recreation facilities are key elements in a community's quality of life, 2) the number and quality of existing city recreation facilities are inadequate and below the level of similar surrounding communities, and 3) the public is very interested in high quality recreation facilities. The Parks and Recreation Commission will make recommendations in the future. MOTION by Shoe Corrigan to receive the Facilities Task Force Report. Second by Strayton. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Trunk Highway 3/MnDOT Cooperative Construction Agreement, City Project #385 Mayor Droste asked for an update on the improvements planned for Trunk Highway 3. City Engineer Brotzler reported that the intersections between McAndrews and Connemara Trail would be improved by adding traffic signals, turn lanes, grading, and resurfacing. This agreement is necessary prior to the opening of bids for the project which is scheduled for August 20, 2004. The agreement provides for cost sharing between the State and the City. The project should be completed by November 30, 2004. MOTION by Droste to approve A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ALONG TRUNK HIGHWAY 3 BETWEEN CONNEMARY TRAIL AND CSAH 38 (McAndrews Road), CITY PROJECT 385. Second by Riley. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 2004 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 2004 Brockway Area PUD Agreement Council Member Strayton asked about the process used with this PUD agreement. Community Development Director Lindquist noted that the Brockway PUD began before the new rezoning process was initiated so the rezoning will be handled at a future date The conditions in the Agreement and three previously approved resolutions provide controls as directed. The removal of the Brockway building will begin in two weeks. Grading in the southeast quadrant near Connemara Trail will also begin soon. A storm sewer pipe will need to go under Connemara Trail so the last top coat on it may be delayed possibly to spring. MOTION by Strayton to authorize execution of the Brockway PUD Agreement, subject to recommendations by the City Attorney. Second by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Plan Review Comprehensive Plan Amendment for GlenRose of Rosemount Community Development Director Lindquist reviewed the concept plan for a townhouse project by Dean Johnson Homes, along Highway 3 across from the Rosemount Community Center. The property is sometimes known as the Sunrise Lumber Site. This will require a Comprehensive Plan Amendment because the site is zoned Public Institutional and would require Mixed Use Residential designation. This site is also being considered for a library site by the City. The Developer has agreed to an extension until October. Access on Highway 3 is a concern. A buffer strip for sound and sight lines would be necessary. Parks and Recreation Director Schultz said the Parks and Recreation Commission in 1991 recommended this site for park expansion and later when the Community Center was built, an under -pass was considered there. City Council at those times did not act on the recommendations. John Berg, planning consultant with Loucks and Associates representing Dean Johnson Homes, commended staff for working with them. He was aware of the possible library site and was willing to wait for Council's decision. Council Member Riley wished to consider the Comprehensive Guide Plan Amendment at a work session to review the City's vision for Public /Institutional for this site. Council agreed that the long range planning should be considered. City Administrator Verbrugge suggested this be added to the September work session and invited Mr. Johnson for discussion. MOTION by Riley to table CASE 04 -26 -CON the Concept Plan and CASE 04 -52 -CP Comprehensive Plan Amendment for GlenRose of Rosemount by Dean Johnson Homes. Second by Strayton. Ayes: Shoe- Conrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Connemara Crossings PUD Plan Review for Basic Builders Community Development Director Lindquist reviewed the application for a Planned Unit Development (PUD) by Basic Builders for a mix of 44 twin home and town home units for the property on the southwest comer of Biscayne Avenue and Connemara Trail. The walking trail was discussed with the amenity of a fountain. Staff noted that the infiltration pond may not allow for continued standing water, so a fountain is not advisable. Council Member Shoe Corrigan 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 2004 suggested a gazebo as a destination point by the south trail. The trail connection to the sidewalk on Connemara was recommended. Condition one regarding rezoning was removed since it will be rezoned with the PUD. Condition six regarding elevations was reworded to, "Construction of revised elevations illustrating the front facades dated 7/12/04." This removes the 100% brick requirement. Condition nine was changed to read "Addition of a recreational amenity and walking trail from the southern cul -de -sac to the pond." Screening was addressed along the railroad and for buffering the lights at Erickson Park. Ed McMenomy, 14450 South Robert Trail, agreed to a gazebo type structure. He stated that homeowners appreciate the amenities and good landscaping. MOTION by DeBettignies to approve A RESOLUTION GRANTING A CONCEPT PLANNED UNIT DEVELOPMENT FOR CONNEMARA CROSSINGS (formally Biscayne Acres) for 44 twin home and town home units on the vacant property located on the southwest corner of Biscayne Avenue and Connemara Trail, subject to revisions to conditions six and nine. Second by Riley. A friendly amendment was made by the second Riley to remove condition one. Motioner DeBettignies agreed to the amendment. MOTION by DeBettignies to approve A RESOLUTION GRANTING A CONCEPT PLANNED UNIT DEVELOPMENT FOR CONNEMARA CROSSINGS (formally Biscayne Acres) for 44 twin home and town home units on the vacant property located on the southwest corner of Biscayne Avenue and Connemara Trail, subject to revisions to conditions six and nine, and the removal of condition one. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Danner Zoning Ordinance Text Amendment Community Development Director Lindquist presented an amendment to the zoning ordinance that would permit an asphalt plant on the property of Marlon Danner. City Attorney LeFevere noted that a conditional use permit (CUP) could be used in conjunction with the mining permit. The Planning Commission noted that it would be hard to track with the mining permit. An interim use permit could restrict the time period and not allow any extensions. LeFevere said this is a difficult decision since the future of the mining business is unknown. LeFevere suggested linking the asphalt plant as an accessory use to the mining. Staff does not support the interim use process for an asphalt plant because it has a ten to fifteen year window. There are zoning districts now that do allow an asphalt plant. Mr. Joe Jacoby, from Pine Bend Paving, explained that they had been leasing the land from Flint Hills for the past 31 years and Flint Hills recently asked them to move their operations. Jacoby noted that their truck traffic would be three trucks per hour for about 60,000 tons of fill per day. The asphalt plant consists of a small control house within the mining operation. They employ thirty people with an average hourly wage of $24. Community Development Director Lindquist noted that the land would have to be zoned industrial in order to locate an asphalt plant on it and industrial also has a minimum building size of 10% of the land size. Lindquist thought this zoning amendment is premature due to the 1 Highway 52/42 Corridor Study and its affects on land use. Council Member DeBettignies reminded Council about the possibility of siting the air cargo facility in that area and its affects on land use. City Attorney LeFevere noted that once a business was allowed it may be harder to shut it down if land uses change. Council consensus was that more research would be needed including maps and mining facts, and directed staff to add this item to the Council's September work session. MOTION by Strayton to table the Zoning Ordinance Text Amendment requested by Marlon Danner until the October 5, 2004 regular City Council meeting. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Announcements Mayor Droste noted that City Council will meet with the Parks and Recreation Commission to review City Goals at 6:00 p.m. August 23 City Council will hold a special meeting to review the proposed 2005 budget at 7:00 p.m. August 23 The Parks and Recreation will hold their regular meeting at 7:00 p.m. August 23 2004. Mayor Droste adjourned the meeting at 9:46 p.m. The City Council Agenda Packet is Clerk's File 2004 -31. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 17, 2004 Respectfully submitted, Linda Jentink, ity Clerk Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS JOINT CITY COUNCIL AND PARKS AND RECREATION AUGUST 23, 2004 Pursuant to due call and notice thereof a joint meeting of the City Council and Parks and Recreation Commission was held on Monday, August 23, 2004 at 6:02 p.m. at City Hall. The meeting was held prior to a Special City Council Work Session and the regular Parks and Recreation Commission meeting. Mayor Bill Droste and Council Members Kevin Strayton, Kim Shoe Corrigan, Mark DeBettignies and Mary Riley (Mary Riley arrived after the meeting had started) were present. The Parks and Recreation Commissioners present were Leslie Defries, Mike Eliason, Mark Jacobs, Phil Sterner and Eric Johnson. City Administrator Verbrugge and Parks and Recreation Director Schultz also attended. Mayor Droste called the meeting to order and proceeded to review the City Council goals to 1) be a fiscally healthy city. 2) encourage downtown revitalization, 3) plan for an athletic complex, 4) provide a library, 5) site a international air cargo facility here, 6) ensure successful community events, 7) increase diversity in restaurant options, 8) conduct city ordinances review, 9) improve communications, and 10) develop better marketing. The marketing of Rosemount includes reviewing the city logo of the shamrock and coming up with a new package to sell Rosemount to retail and commercial developers. City Administrator Verbrugge reported that many steps have been taken to accomplish these goals already. Verbrugge also stated that Key Financial Strategies has also been a useful tool for assisting the City for planting for the future. Verbrugge mentioned the ground breaking for Applebee's and Brockway. Commissioner Jacobs asked about the process of getting land for an athletic complex. The Mayor responded by stating the Parks Commission would be heavily involved in helping to package a project to bring to the residents. Council Member Stayton asked to hear from the Parks Commission Members. Commissioner Eliason stated many of our facilities are currently overused and that we need to fix the situation. Eliason stated that 900 youth participated in the in -house soccer program and having enough field space is getting to be a critical issue. Another joint meeting will be set up next spring to see where we need to be with issues. The meeting was adjourned at 7:00 p.m. Respectfully submitted, The City Council's Agenda Packet is Clerk's File 2004 -32. LSC Parks and Recreation Director Schultz 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 23, 2004 Pursuant to due call and notice thereof the City Council Work Session was held on Monday. August 23, 2004 at 7:16 p.m. in the Council Chambers at City Hall. Mayor Droste and Council Members Riley, Strayton, DeBettignies, and Shoe Corrigan were present. Also in attendance were City Administrator Verbrugge, Assistant Administrator Weitzel, Maintenance Supervisor Cook, Police Chief Kalstabakken, Park and Recreation Director Schultz, Finance Director May, and City Engineer Brotzler. DISCUSSIONS 2005 Preliminary Budget Discussion City Administrator Verbrugge continued the 2005 budget discussion and distributed additional information regarding the budgeting process. These items included a listing of budget assumptions; population estimates and staffing levels with comparisons from surrounding communities; street mileage for both private and public streets; and an updated budget. Mr. Verbrugge indicated that he was informed by the City Clerk of a mandate to have all touch voting machines in place by 2005 for voting in 2006. The 2005 budget will be adjusted by an additional 530,000 for the purchase of the voting machines. General discussion continued regarding the Operating Budget, the CIP Funds, and the total preliminary levy. Council members questioned the 100% increase in the street CIP fund. City Engineer Brotzler responded that the increase in the number is to provide for long term planning. Future years should not show such a significant change or increase. Finance Director May indicated the proposed preliminary budget increase is 8.06 This budget agenda item is scheduled for Council approval at the September 7, 2004 regular meeting. The preliminary budget needs to be sent to the County in September; and a public hearing is tentatively scheduled for December 6, 2004 for the final budget approval. Mayor Droste expressed the desire to be more proactive for the 2006 budget process; thus giving staff more time for preparation and review. UPDATES City Engineer Brotzler apprised the Council of the intent to submit feasibility reports this fall for anticipated projects scheduled for the spring of 2005. Mr. Brotzler expressed the desire to have everything in place to start projects as soon as possible. Mr. Brotzler informed the Council Members of citizen complaints regarding tree removal from their properties located along the east side of Diamond Path and south of 156` Street. Excel Energy has been removing trees that are located in a 50 foot easement area in the rear area of these lots. Residents have been informed that Excel is operating within its legal rights for the easement area. 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 23, 2004 The regular City Council Work Session was adjourned at 8:45 p.m. Respectfully submitted, 77 pj Maryann St Recording Secretary The City Council's Agenda Packet is Clerk's File 2004 -33. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, September 7, 2004, 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 and DeBettignies present. Council Member Riley was absent. Also present were City Administrator Verbrugge, City Attorney LeFevere, Community Development Director Lindquist, City Engineer Brotzler, Assistant Administrator Weitzel, Finance Director May, and Parks and Recreation Director Schultz. The Pledge of Allegiance was said. City Administrator Verbrugge requested three changes to the agenda. 1) Consent Item 6.o. Staff reviewed the bids and recommended awarding the contract for Rosewood Village 2 Addition to Erickson Construction, Inc. in the amount of S443,123.59. 2) Consent Add -On Item 6. p. Staff requested a special City Council meeting on September 15, 2004 prior to the scheduled work session to consider an agreement with Minnesota Department of Transportation and 3) Department Heads Reports: Police Chief Kalstabakken to give a report on the mercury spill. Mayor Droste moved to accept the agenda with the three modifications presented by City Administrator Verbrugge. Second by Shoe- Corrigan. Ayes: Four. Nays: None. The agenda was adopted. No public conmrents were offered from the audience. Mercury Incident Report Police Chief Kalstabakken reported that a release of mercury was reported at Rosemount Woods Manufactured Home Park on September 6, 2004 at 7:30 p.m. By 8:15 p.ni. a hazardous material team was at the site. Eleven homes were evacuated, 49 people were decontaminated and temporarily housed by the American Red Cross. The Minnesota Pollution Control Agency and the Department of Health are checking levels of mercury to assure the safety of the residents. A public informational meeting is scheduled for Wednesday, September 8' at 7:00 p.m. at the Rosemount Community Center. The mercury appears to be confined to a small area. The mercury was apparently removed from a shed on the Brockway glass factory property by two juveniles. None of the mercury was released until it was brought to the manufactured home park. Recognition of DARTS Volunteer Mayor Droste thanked citizens that give back to their community by serving seniors. DARTS was established as a nonprofit organization in 1974. DARTS volunteers in Rosemount have donated over 1400 hours of service in 2003. Mayor Droste introduced Colleen Fritsch, Director of Volunteer Resources for DARTS. Ms. Fritsch noted that the age of the volunteers are youth on up to seniors doing various task such as raking leaves, painting homes, or driving for groceries or doctor appointments. Ms. Fritsch reported that a special event is being held to honor DARTS volunteers on September 16, 2004. Mayor Droste presented a proclamation recognizing the efforts of DARTS volunteers and thanking theta for their contribution to Rosemount seniors. MOTION by Droste to proclaim September 16, 2004 as the event "Stars with a Heart" Day to honor DARTS volunteers. Second by DeBettignies. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. 1 Recognition of the Facilities Task Force Members Parks and Recreation Director Schultz commended the Community Facilities Task Force for completing a report to help direct city staff in fulfilling the future needs of residents. The members came from a wide variety of backgrounds. The meetings were well attended and much research and discussion was reviewed to finalize the community's priorities. Mayor Droste presented certificates of appreciation to those members present: Forrest Krogh President of Rosemount Seniors, Matt Kearney RAHA member, Tom Caravello member at large, and Phil Sterner, Parks and Recreation Commissioner. Appreciation was also directed to the remaining Task Force members: Philip Harris student. Meghan Cockerill student, Mike Winter RAHA member, Dana Brodt member at large, Tini Wynne member at large, Mindy Andreasen member at large, Smokey Vitek member at large, and Mike Eliason Parks and Recreation Commissioner. Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 2004 MOTION by DeBettignies to approve the Consent Agenda with the additional information for Item 6.o. and the addition of Item 6. p. Second by Shoe Corrigan. Ayes: DeBettignies, Shoe Corrigan. Droste, Strayton. Nays: None. Motion carried. a. Minutes of August 17, 2004 City Council Meeting b. Minutes of August 11, 2004 City Council Work Session c. Minutes of August 23, 2004 John City Council Park Recreation Meeting d. Minutes of August 23, 2004 City Council Budget Work Session e. Bills Listings f. Receive Donation for Parks Recreation and Fire Department g. Expenditure from Donation Account for D.A.R.E. h. Authorizing Grant Agreement with Minnesota Department of Public Safety/Homeland Security i. Employee Assistance Program j. Authorizing Hiring of Police Officer k. Declare Costs for Assessment /Set Public Hearing, CR 46 /Trunk HWY 3 Street Utility Improvements, City Project 284 1. Declare Cost for Assessment /Set Public Hearing 2004 Street Utility Reconstruction, City Project 376 m. Declare Costs for Assessment/Set Public Hearing 2003 Chippendale Ave. CSAH 42 Reconstruction, City Project 344 n. Traffic Control Signal Maintenance Agreement and Cost Participation with Dakota County Trunk HWY 3 Cooperative Agreement Improvements (Connemara Trail CSAH 38 [McAndrews Road]), City Project 385 o. Reject Bids Rosewood Village 2 Addition Street Utility Improvements, City Project 378 Bids not rejected. Award to Erickson Construction, Inc. for 5443,123.59 p. Add -on Set Special City Council Meeting on September 15, 2004 Approve 2005 Preliminary Levy and Set Hearing Dates City Administrator Verbrugge reviewed the budget process and presented the 2005 Budget based on anticipated growth and service needs. Verbrugge presented an example of a home valued at 1 1 $200,000 that would show a $78 decrease in the city portion of a resident's property tax. However, the property value (determined by Dakota County) will likely increase which may offset the reduction. The City has implemented increased budget amounts for a pavement maintenance program, communication and marketing, and added three staff positions. Finance Director May reviewed changes to line items for election equipment, health insurance, salary adjustments and newsletter costs. The increases amount to 10% of the total costs of the operation budget. The Truth In Taxation Public Hearing is scheduled for December 6, 2004 at 6:30 p.m. Staff was thanked for their diligent work on the budget. MOTION by Shoe Corrigan to adopt A RESOLUTION SETTING THE PRELIMINARY 2005 GENERAL FUND OPERATING BUDGET, THE PRELIMINARY 2005 C.I.P. BUDGETS, THE PRELIMINARY 2005 INSURANCE BUDGET, THE PRELIMINARY PORT AUTHORITY OPERATING LEVY AND THE PRELIMINARY 2005 LEVY AND BUGET HEARING DATES REQUIRED BY THE CITY OF ROSEMOUNT. Second by Strayton. Ayes: Shoe Corrigan, Droste, Strayton, DeBettigtues. Nays: None. Motion carried. Trunk Highway 3 Cooperative Agreement Improvements, Connemara Trail /CSAH 38, City Project 385 City Engineer Brotzler reported that the Minnesota Department of Transportation has not signed an agreement for this project and with fall approaching there is limited time for construction. This will likely move the completion date to the summer of 2005. Chuck Rickart with WSB Associates. Inc. reported that the signal light at Connemara Trail and Highway 3 can likely be completed this year because the underground work is done. The signal light at McAndrews Road may not be scheduled until 2005. No action was taken on City Project 385. Announcements Mayor Droste reviewed the scheduled meetings in September noting the Special City Council meeting on September 15, 2004. Mayor Droste adjourned the meeting at 8:08 p.m. The City Council Agenda Packet is Clerk's File 2004 -34. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 7, 2004 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING SEPTEMBER 15, 2004 Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was duly held on Wednesday, September 15, 2004, at 7:30 p.m. at the Rosemount Community Center, 13885 South Robert Trail. Mayor Droste called the meeting to order with Council Members Strayton, Riley, Shoe Corrigan and DeBettignies present. Also present were City Administrator Verbrugge, Community Development Director Lindquist, City Engineer Brotzler, Parks and Recreation Director Schultz and Communications Coordinator Cox. Consider Assessment Agreement for Community of Hope Lutheran Church City Engineer Brotzler reviewed the letter submitted by Community of Hope Lutheran Church. Pastor Per Nilsen suggested two phases to building the church with the assessments split between Phase 1 and future property development. Brotzler noted that an agreement would be required to satisfy the City for collection of the remaining assessment in the future. This type of agreement was done for St. Joseph's Church building project last year. Brotzler noted this would not be allowed for conunercial development. Community Development Director Lindquist noted that the church could pay for the assessment over a five -year period. Lindquist explained that this is an interim use since the land is zoned Business Park. The type of building the church is proposing could easily be converted to a business when their congregation growth allows them to build at another site. Several other communities have allowed this same land use. Brotzler noted that phasing a development is not typically done for lots of record; more frequently phasing is found when developing outlots. This project is unique in its development. MOTION by Riley to enter into an assessment agreement, as prepared by the City Attorney, with Community of Hope Lutheran Church and authorize the necessary signatures. Second by DeBettignies. Ayes: DeBettignies, Riley, Strayton, Shoe Corrigan, Droste. Nays: None. Motion carried. Schedule Special Work Session City Administrator Verbrugge requested a special work session following the regular City Council meeting on September 21. This will spread out the number of discussion items so the next work session will be a reasonable length. The two topics to be considered are public facilities projects and hiring practices. MOTION by Riley to schedule a special City Council Work Session on September 21, 2004, immediately following the regular City Council meeting. Second by Shoe Corrigan. Ayes: Riley, Strayton, Shoe Corrigan, Droste. Nays: None. Motion carried. Mayor Droste adjourned the meeting at 6:43 p.m. The City Council Agenda Packet is Clerk's File 2004 -35. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION SEPTEMBER 15, 2004 Pursuant to due call and notice thereof, a City Council Special Work session was held on Wednesday, September 15, 2004, at 6:49 p.m. at the Rosemount Community Center, 13885 South Robert Trail. The meeting was held following the special City Council meeting. Mayor Droste called the meeting to order with Council Members Strayton, Riley, Shoe Corrigan and DeBettignies present. Also present were City Administrator Verbrugge, Community Development Director Lindquist, City Engineer Brotzler, Parks and Recreation Director Schultz and Conuuunications Coordinator Cox. Land Use Change Community Development Director Lindquist requested discussion on the GlenRose of Rosemount project, a residential town home project, which requires a comprehensive guide plan amendment. This site, across from the Rosemount Community Center, east of Highway 3, is zoned Public /Institutional (PI). It was commercial prior to that zoning and had a lumber business there. St. Joseph's Church had purchased that land which is adjacent to its cemetery. The Church decided to move to a site at Connemara Trail and Biscayne Avenue and so no longer needed the property which had been rezoned for their use. In 1991 the Parks and Recreation Commission recommended the land be purchased to extend Erickson Park which borders the east side of the site. The City Council at that time did not purchase the land. The Comprehensive Guide Plan had guided the site to PI, so in 2002 the City rezoned the property due to the ownership of the Church. Staff believes that thrown homes are a better compromise than a commercial business because less traffic is generated. Discussion ensued regarding the difficulty in placing a frontage road to access Connemara Trail from the site. Dakota County requires 300 feet distance from an intersection for access. A right turn in lane would be needed. The left turn in may cause some stacking of traffic. Parks Recreation Director Schultz noted that again in 2002 the Parks Recreation Commission recommended purchasing the site; however, there were no funds available. City Administrator Verbrugge noted that PI zoning would allow other uses such as hospitals, clinics, and schools. Community Development Director Lindquist noted that diverting the traffic to Brazil Avenue is not a good safety move due to the lack of visibility at the access onto 145` Street West next to the railroad tracks. Council Member DeBettignies noted that many tournaments are held at Erickson Park without traffic problems at Brazil Avenue. City Administrator Verbrugge pointed out that a multi- residential development would fit the Metropolitan Council's community housing goals. Gary Mitchell, Parish Administrator for St. Joseph Church, noted his frustration with the process. Mitchell had contacted the Parks and Recreation Director twice and was told the funding was not available for the City to purchase the property. Dean Johnson has been willing to work with the Church and the City to develop the property. Mr. Johnson has invested his funds in the town home project and would like to begin building. John Berg, of Houck Associates, representing Dean Johnson reported that multi- residential makes the best buffer next to high traffic areas. Berg noted that the topography of that site would be expensive to grade for ballfelds or hockey rinks. Berg said that park activities would apply the heaviest traffic at peak hours. Traffic in residential areas is spread out during the day. Berg discussed walkways over Highway 3 or a tunnel under it. Berg stated his belief that both are expensive and have safety issues. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION SEPTEMBER 15, 2004 City Engineer Brotzler noted that Highway 3 is on preserve status, which means MnDOT will not widen it but will only maintain the roadway. Council Member Riley noted she was not convinced that residential is the best use of this land because it is at the entrance to the City. Council Member DeBettignies said the developer has a good plan and this would bring residents closer to the downtown area for retail businesses. DeBettignies noted this discussion was necessary due to the history of this site. DeBettignies would like to see the Church be able to move ahead with their plans. Mayor Droste and Council Member Strayton expressed concerns for long -range plans. Community Development Director Lindquist was directed to present this to City Council on the October 5 City Council agenda providing both an approval and a denial option. Asphalt Plant and Mineral Extraction Community Development Director Lindquist directed the question to City Council if zoning should allow asphalt plants in mining areas. Asphalt plants are allowed in Industrial zoned areas. A recent zoning ordinance amendment requires a percentage of building square footage with industrial use. Building space is not required to operate an asphalt plant. Council may consider an amendment to the zoning ordinance or the use of an Interim Use Permit (IUP). An IUP would give a timeline to the asphalt plant, although extensions could be requested. If zoning is changed and a mining expansion is requested, the City, because of State restrictions, would not control an end date. Joe Jacoby of Pine Bend Paving noted that his mining operation had not received any complaints from the public and that his business needs to expand. Council Member Shoe Corrigan noted that this mining area is east of the MUSA line and that sewer capacity would likely not be built out for ten to twenty years. Council consensus indicated denying the zoning ordinance amendment and starting over with a new Interim Use Permit in the General Industrial districts. Mayor Droste moved for a ten minute break. The meeting was resumed at 8:42 p.m. 42/52 Study Area Discussion City Administrator Verbrugge updated Council on the land use issues surrounding the 42/52 Study Group. A new interchange is planned in this location, but with the potential for siting the Air Cargo facility south of this interchange and a recent inquiry of a trucking firm looking to locate at the southeast quadrant, staff is suggesting a moratorium. Staff would recommend a 12 -month study with public meetings to decide zoning designations. This may include zoning text amendments on land use definitions. Council member Strayton asked for the City Attorney's opinion on the definition of Public /Institutional zoning. Staff will gather more information. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION SEPTEMBER 15, 2004 Commercial Land Use Change Community Development Director Lindquist noted that a large commercial retailer may be interested in property on County Road 42 west of Biscayne Avenue next to the railroad on the west end of the property. The transportation regulations of Dakota County would require a frontage road to Biscayne Avenue rather than another access on CR 42. A rezoning would be recommended to change the zoning of the entire property frontage on CR 42 to commercial. Council concurred with the zoning change and noted that buffering should be included in conditions for screening toward the residential areas. Flint Hills Resources Community Development Director Lindquist was contacted by Flint Hills Resources with a request to add temporary structures for construction workers. They will need warehousing of materials and a lunchroom for a hydro cracking plant installation. They have proposed a spring steel tent structure that would meet snow loads and building codes to remain for about five years. The City's codes do not allow for this. Possibly an Interim Use Permit could be negotiated. Staff will gather more information. UPDATES City Administrator Verbrugge reminded City Council of the League of Minnesota Cities Annual Conference in Duluth, October 10 12. Mayor Droste indicated he would be attending Sunday and Monday. City Administrator Verbrugge reported that some vandalism has occurred to portable toilets and street signs. A vehicle coming out of the Dakota County T3echnical College ran into a city road grader. Mayor Droste noted that a signal light may be needed there since he has heard of other serious accidents there. Staff was contacted regarding a possible residential development of 400 acres that is in the 2020 MUSA area. Also, the proposal for residential in the Rosemount Business Park was removed and new commercial development is being sought for that area. City Administrator Verbrugge reported that the ICMA (International City /County Management Association) International Conference will be held in Minnesota. ICMA is raising funds to cover $150,000 in expenses for the conference to be held at the Minneapolis Convention Center in September 2005. Verbrugge infonned the Council that he and other state association members would be approaching large corporations and companies, such as Flint Hills Resources, to request financial partnerships. ICMA has informed the State Chapter that this activity does not represent ethical or conflict of interest concerns. Council Member Shoe Corrigan requested information on hanging flowerpots for the downtown area by next spring. She also asked if the Rosemount High School could hang banners for a special band tournament on the light poles on Highway 3. 1 1 1 Parks and Recreation Director Schultz reported that the final budget for Leprechaun Days is ready. There will be a wrap -up meeting in two weeks by the Leprechaun Days Committee. There are some leftover funds to allow down payments for booking the carnival and entertainment for the next year's event. The goal is to have local residents plan and manage the event. The meeting was adjoumed at 9:32 p.m. The City Council Agenda Packet is Clerk's File 2004 -36. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION SEPTEMBER 15, 2004 Respectfully submitted, Linda Jentink, Cit lerk Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION SEPTEMBER 21, 2004 Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Tuesday, September 21, 2004, at 8:10 p.m. following the regularly scheduled City Council meeting in the Council Chambers at City Hall, 2875 145' Street West. Mayor Droste called the meeting to order with Council Members Riley, Strayton, Shoe Corrigan and DeBettignies present. Also present were City Administrator Verbrugge, Community Development Director Lindquist, City Engineer Brotzler, Public Works Supervisor Cook, Fire Chief Aker. and Assistant Administrator Weitzel. There were no changes to the agenda. Public Facility Projects City Administrator Verbrugge presented an expansion of the public works campus. Verbrugge requested Council to consider building this project at the same time as the eastside fire station to incur some cost savings for construction material estimated at 5250,000. Todd Christopherson from ANICON Construction Managers was present as a consultant manager. Verbrugge pointed out that the city population has grown quickly and city staff has increased accordingly. The City Hall office does not have any additional space for future staff Staff proposes that the engineering department offices could be moved to this expanded public works campus and be linked with a breezeway. Storage now used in the Police Department and City Hall would move to the Public Works facility and thereby open up needed storage at City Hall. City Hall could also use some structural updates to improve customer service and available meeting space. Verbrugge explained that a referendum would not be needed when bonding is used for public safety facilities and equipment. City Engineer Brotzler explained that to renovate the garage would be more expensive than starting from new construction. The original public works garages are cement block and were built in 1960 with changes made in 1980 and 1990. There is currently 1900 square feet of garage and the plan would allow for 3200 square feet. Discussion brought out that all motorized equipment is able to be stored inside now, but is not convenient to remove due to stacking. The public works lunchroom would become the woodshopisign shop and tool storage. Brotzler noted that at present the water meter assembly is done at a well house because of lack of workspace. Verbrugge estimated the cost of the fire station at 52 million and the public works expansion at S4 million. Bonds could be sold in 2005 with the first payments in 2006. This would impact the tax rate by about 3 It was noted that the tax value increases every year also, so residents would not likely see an increase in their property taxes. Council directed staff to compare the Capital Improvement Project budget and see how bonds would phase into it. A plan should be developed to inform residents; perhaps hold some community meetings. Council would like to consider a new Space Needs Study to justify the need for the public works expansion. Council asked for additional information to help determine the best direction to take. City Administrator Verbrugge noted this discussion is preliminary and that it will be considered at another work session. Mayor Droste noted he would like to move ahead with the fire station since it is already in the budget. Hiring Practices Assistant City Administrator Weitzel presented two policies in relation to job recruitment and hiring practices. The policies would allow the City Administrator to direct replacement procedures for positions which are not newly budgeted or supervisory. Council Member Strayton 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION SEPTEMBER 21, 2004 did not agree with the reported timesavings. Council did not offer any other changes to be made to the policies with will be brought to Council on October 5 for adoption. Council Comments Council Member Strayton said that residents have been contacting him regarding the need for athletic fields. Mayor Droste noted that the funding for athletic complexes requires a referendum vote from residents and the best opportunity for that is not until 2006. Strayton would like to see that done sooner and believed that there is support in the community for a referendum to pass. City Administrator Verbrugge suggested testing community support for financing an athletic complex through the community attitudinal survey. A survey is scheduled for 2005, and that could be completed in February to get results sooner. Parks and Recreation Director Schultz could be directed to get information on community interest and costs for a water park and second sheet of ice. Verbrugge mentioned that long -term land lease may be a possibility in our community. Mayor Droste noted that a senior center was first on the list from last year's survey. Council Member Strayton also suggested prioritizing the goals that have been chosen by City Council. City Administrator Verbrugge said it would be good to combine this with setting up budget issues so they work together. Mayor Droste adjourned the meeting at 9:53 p.m. The City Council Agenda Packet is Clerk's File 2004 -38. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, October 5, 2004, 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, Shoe Corrigan and DeBettignies present. Also present were City Administrator Verbrugge, City Attomey LeFevere, Assistant Administrator Weitzel, City Planner Pearson, City Engineer Brotzler, Project Engineer Aderhold, Senior Engineering Technician Fremder, Police Chief Kalstabakken, Parks Recreation Director Schultz. and WSB Engineering Consultant Dave Hutton. The Pledge of Allegiance was said. City Administrator Verbrugge reported that the applicant for Item 11.6. Zoning Ordinance Text Amendment, Marlon Danner, has withdrawn his request for a zoning amendment. Staff requests that Item 11. b. be removed from the agenda. Some revisions have been submitted by the City Attorney to a resolution for Item 11.c. Rosemount Crossing Final PUD Development Plan and Preliminary Plat and a Parking Study was received for Item 11.c. on October 1. 2004 from the developer. Staff requested that the additional information he added for discussion with Item 11.c. Mayor Droste moved to accept the agenda with the removal of Item 11.b. and inclusion of the additional information for Item 11.c. Second by Riley. Ayes: Five. Nays: None. The agenda was adopted. No public comments were offered from the audience. Oath of Office for Police Officer Police Chief Kalstabakken introduced the police department's newest police officer, David Addleman. Officer Addleman attended Mankato State University. He is the nineteenth police officer in the Rosemount Police Department. Mayor Droste administered the Oath of Office to Officer Addleman. Members of the Rosemount Police Department, City Council, friends and fancily congratulated the new officer. Safe and Sober Communities Agreement and Grant Police Chief Kalstabakken reported that this program is a cooperative effort between Eagan and Rosemount Police Departments. The grant program focuses on concentrating traffic enforcement efforts on specific traffic violations during designated time periods throughout the year. It also deals with educating the public about the need to wear safety belts, utilize child safety restraints and drive safely. The grant pays for overtime for officers to concentrate on traffic enforcement. Rosemount will also partner with the Dakota County'Attomeys Office to help increase seat belt usage among high school aged youth and to reduce underage alcohol use by teens. MOTION by DeBettignies to approve an agreement with the Minnesota Department of Public Safety Office of Traffic Safety to authorize the Rosemount Police Department to participate in the Safe Sober program and with the Dakota County' Attorneys Office to partner with agencies for the activities of the Safe Communities Grant and authorize the Chief of Police of the City of Rosemount to sign and execute the necessary agreements and documents to implement these projects. Second by Shoe Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. 1 a. b. c. d. e. f. g. h. J. k. 1. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 Consent Agenda Mayor Droste requested Item 6.rn. be pulled for discussion. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.m. for discussion. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Minutes of September 7, 2004 Regular City Council Meeting Minutes of September 15, 2004 Special Meeting Minutes of September 15, 2004 Work Session Minutes of September 21, 2004 Regular City Council Meeting Minutes of September 21, 2004 Special Work Session Bills Listing Budget Amendments Declare Surplus Equipment On Public Premise Liquor License Change City Council Meeting Date Change Order #1 2004 Street Utility Reconstruction, City Project 376 Adopting Assessments for Community of Hope Lutheran Church Es s Pulled for discussion. n. Change Order #1 Rosewood Village 2 Addition Street Utility Improvements, City Project 378 o. No Parking on Connemara Trail Overpass, City Project 379 p. 2005 -2009 Dakota County C.I.P. q. Pre -Bid Qualifications -SCADA Project, City Project 377 r. Hiring Building Inspector s. Hiring Practices t. Authorize Recruitment Process of a Building Maintenance Worker Item 6.m. Receive Plans Spec's /Authorize Ad for Bid Connemara Trail Overpass, City Project 379 City Engineer Brotzler reviewed the street overpass planned for Connemara Trail over the railroad tracks east of Highway 3. The plans and specifications have been approved by the MnDOT State Bridge Division. The estimated cost of the project is 51,815,250 and it will be funded by Municipal State Aid funds after the project is completed unless State advance funds are available. A general obligation bond could be used for advance funding if needed. Brotzler reported that comments were received from the railroad regarding the necessary license agreement and the agreement will need to be secured prior to construction. The project should be completed by fall of 2005. MOTION by Strayton to adopt A RESOLUTION RECEIVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR THE CONNEMARA TRAIL OVERPASS, CITY PROJECT 379. Second by Riley. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 PUBLIC HEARING: Assessment Hearing for CSAH 46 /Trunk HWY 3 Street Utility Improvements, City Project 284 City Engineer Brotzler noted that improvements were initiated by Dakota County beginning in 1997 at Highway 3 and 160 Street. Highway 3 was realigned, moving it to the east with a four way stop at that intersection. The bids on the project were completed in 2000 and the project was completed in 2003. The project improvements included upgrading CSAH 46 (160 Street) to a four lane urban section with concrete curb and gutter, a watemtain loop along CSAH 46, Highway 3 and Canada Circle, new alignment of CSAH 46 and Highway 3, installation of a frontage road on the north. stonn sewer improvements, and installation of a bituminous pathway from Diamond Path to Biscayne Avenue on the north side of 160 Street. Mayor Droste noted that a Letter of Objection was received from Mr. Murgic. City Attorney LeFevere reviewed the right of the residents to appeal a special assessment to District Court. Tonight they must file a Letter of Objection with the Mayor to preserve their right to appeal to the court. The appellant would then have ten days to file civil litigation in District Court. At court they would be able to submit expert appraiser's testimony to verify land values and contest the improvements' benefit. Council Member Riley noted there was a 10.7% higher cost to the project than estimated. City Engineer Brotzler reported that due to multiple agencies involved there were significant delays. The construction material and labor costs increased over the three year construction schedule. Mayor Droste opened the Public Hearing for City Project 284 for public conmtents. Michael Murgic, 3670 155 Street, Murgic's Auto Body, reported he had paid an assessment for City Project 317 two years ago for sewer. This project was for water and road improvements which took away his frontage on Highway 3 and required disturbing the five -year old road in front of his business. Because his business has been isolated. Nlr. Murgic felt he has lost property value. Robert H. Carlson, 1482 Bussard Court, St. Paul, representing Car Nav Five, delivered a Letter of Objection on the assessment for City Project 284. Brett DeBates, 23440 Woodland Road, Lakeville, objected to the assessment and stated he had asked for access into the residential development to the north. DeBates was unhappy that his driveway is in the right turn lane and stated that his property value has not been increased. DeBates submitted a Letter of Objection following the hearing. MOTION by Droste to close the Public Hearing for the Assessment Hearing for CSAH 46/Trunk Highway 3 Street Utility Improvements, City Project 284. Second by DeBettignies. Ayes: Five. Nays: None. Motion carried. Council Member Shoe Corrigan asked staff why a five -year old road would be torn up. City Engineer Brotzler noted he didn't know specifically, but would guess because of the multiply i ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 projects by Dakota County for the maintenance facility south of 160 Street and Minnesota Trunk Highway 3 realignment. Details for those projects altered the street plans that had been in place five years ago. The timing of the funding made available for these projects can often change plans also. Brotzler noted this was not a City driven project. Council Member DeBettignies remarked he sympathized with Mr. Murgic, but agreed that the multiple agencies changed the schedule of street improvements. MOTION by DeBettignies to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CSAH 46/ MINNESOTA TRUNK HIGHWAY 3 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 284. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. PUBLIC HEARING: Assessment Hearing for Chippendale /CSAH 42 Street Utility Improvements, City Project 344 City Engineer Brotzler reviewed City Project 344 which included street reconstruction with added turn lanes, curb and gutter, revised signal system at Chippendale and CSAH 42, concrete medians, catch basin and hydrant relocations, and two sewer and water services. The cost was divided between Dakota County, Minnesota State Aid, city funds, and property assessments. The actual cost was 2.9% lower than estimated. Council Member Shoe Corrigan recalled that residents objected to widening Chippendale Boulevard from CSAH 42 north to 145 Street West so staff scaled the project back and eliminated a medium. City Planner Pearson noted that a common boundary line relocation was done on the Uitdenbogerd property, not a subdivision. The lot is an unusual shape and would require variances in order to build on it. Staff noted that a Letter of Objection was received from Glen A. Uitdenbogerd on behalf of his father's property, Fred Uitdenbogerd. Mayor Droste opened the Public Hearing for public comments. No comments were received. MOTION by Droste to close the Public Hearing for Assessment Hearing for Chippendale /CSAH 42 Street Utility Improvements, City Project 344. Second by Shoe Corrigan. Ayes: Five. Nays: None. Motion carried. MOTION by Shoe Corrigan to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CHIPPENDALE /CSAH 42 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 344. Second by DeBettignies. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 PUBLIC HEARING: Assessment Hearing for 2004 Street Utility Reconstruction Improvements, City Project 376 City Engineer Brotzler reported that all work is complete on the reconstruction west of Sharman Parkway on Dallara, Damask, Danbury, and Dahomey Avenues and 145` Upper 145 and 147th Streets. This project included stomr sewer, watennain, and street reconstruction. Mayor Droste opened the public hearing. Tara Krier, 4146 Upper 145 Street, noted she did not receive notice of this assessment. Ms. Krier stated she had purchased this property this year and complained that her property value had increased 570,000 in one year. Council Member Riley noted that notice is sent to the property owner listed at Dakota County. City Engineer Brotzler said the assessment can be paid over a ten -year period with Dakota County. City Attorney LeFevere noted that an assessment is proposed or pending until it is adopted, then it becomes a levied assessment and is placed on the tax roll unless paid within 30 days. Tara Krier submitted a Letter of Objection for assessments for City Project 376. MOTION by Droste to close the Public Hearing for Assessment Hearing 2004 Street Utility Reconstruction Improvements, City Project 376. Second by Shoe-Corrigan. Ayes: Five. Nays: None. Motion carried. Council Member Shoe Corrigan said she visited this project area on National Night Out in August and reported that it looked very good. MOTION by DeBettignies to adopt A RESOLUTON ADOPTING THE ASSESSMENT ROLL FOR 2004 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT 376. Second by Shoe Corrigan. Ayes: DeBettignies, Shoe- Conrgan, Droste, Riley, Strayton. Nays: None. Motion carved. Receive Petition for Local Improvement City Engineer Brotzler reviewed the request by Tom Stordahl of Minnesota Pipe for public improvements on Biscayne Avenue. Minnesota Pipe Equipment is now located in Farmington. The lot has water but no sewer and would need street improvements for their business. The petition presented did not have 35% of the neighboring property owners' signatures; therefore, staff recommended declaring the petition invalid according to Minnesota Statutes. City Attorney LeFevere explained that the only difference between a valid petition and an invalid petition is that after 30 days if no one challenges it, the City Council's vote can accept a majority rather than a 4/5 vote. Tom Stordahl, a partner with Minnesota Pipe Equipment, presented his request for road improvements and sewer in order to move the present company from Farmington to Rosemount. The Farmington location is on a four -acre lot and does not allow for expansion of the company. ROSENIOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 Mr. Stordahl projects growth of 30% in the near future. Minnesota Pipe Equipment employs 27 people. The company does have a large truck volume daily and would require paved roads Mr. Stordahl requested staff prepare a feasibility study for road and sewer improvements. Mr. Stordahl would like to break ground in the spring of 2005. City Engineer Brotzler reported that a feasibility study would cost $7,000 to $12,000. If following the study, the improvements were denied, the City would be liable for that cost. If the project would be approved, the property owners would share the cost of the study. The University of Minnesota owns land on the east of Biscayne Avenue and it is not obligated to pay assessments; however, it will usually negotiate with the City. It was suggested that this could be discussed at a City Council Work Session. The City is interested in bringing businesses to Rosemount and this area is zoned Business Park. MOTION by Strayton to adopt A RESOLUTION RECEIVING A PETITION AND DECLARING THE PETITION INVALID ACCORDING TO MINNESOTA STATUTES SECTION 429.035. Second by Riley. Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Rosemount Crossing Final PUD Development Plan Preliminary Plat, Planning Cases 04- 59-FP and 04 -60 -04 PP City Planner Pearson reviewed the Steiner Development request for approval of the Planned Unit Development Plan and the Preliminary Plat. City Attorney LeFevere incorporated some changes to the resolution and Steiner Development presented a Parking Study for additional information. Staff had some concerns for parking for the restaurant lot. The Parking Study showed that seating would be for 200 and the parking on the lot would only account for 65 Steiner said that the parking would be shared with surrounding businesses and the entire project should be considered a shopping center. This designation, shopping center, would allow for the additional parking. Staff would not want to see overflow parking going into the residential area. One of the conditions allowed for maintenance requirements for the stornmwater vault system. A neighbor to the west sent a letter with concerns that shoppers would cut through their neighbor's yard to get into the shopping area. A loading dock wall and landscaping will give some division; however, a fence is not planned. Several details of the development were discussed. The colors allowed for accent will be governed by the Downtown Redevelopment Plan standards. Mr. Johnson, Vice President of Steiner and Kathy Anderson of Architectural Consortium, answered questions and defended the shopping center designation. The development schedule has the grading beginning in October with ALDI and Starbucks being completed in one year. Jim Benshoof explained the analysis of the parking in the Parking Study. The cities of Hopkins, Rochester, and Lilydale have used this approach for parking standards. Consideration was given to Steiner's request to assess development fees over time. City Administrator Verbrugge said it is not in the City policy to assess fees. An option could be provided that when building permits are pulled, the development fee would be paid. City 6 1 Attorney LeFevere noted that this could be provided for in the subdivision agreement. LeFevere agreed that the parking rights are interactive with the four Tots and that should be attached to the deed recorded with Dakota County. City Attomey provided wording to condition 1. as follows: "Execution and recording of a PUD agreement to assure the property is developed and used in accordance with plan documents received on September 23, 2004 and this resolution. To the extent of any inconsistencies between this resolution and approved declaration of covenants and restrictions, the latter will control." MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN FOR ROSEMOUNT CROSSING subject to the conditions listed in the resolution with changes to number 1. as stated by the City Attorney and number 18. to clarify color use. Second by Shoe Corrigan. Discussion ensued. Poll was taken. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Adopt Resolution Regarding 2030 Transportation Policy Plan City Administrator Verbrugge presented the comments provided by the Association of Metropolitan Municipalities (AMM) on Metropolitan Council's 2030 Transportation Policy Plan. Staff has reviewed the comments and found them to be consistent with the concerns of the City of Rosemount and staff recommends approval of the resolution in support. The City will prepare additional comments regarding this at the October 19, 2004 regular City Council meeting. Announcements City Administrator Verbrugge called for a Closed Executive Session with legal counsel following this meeting in order to consider negotiations for a library site. Verbrugge noted that on Saturday October 9' a Fall Clean -Up Day will be held 8:00 a.m. to noon at the Public Works garage parking lot on Brazil Avenue. Mayor Droste reviewed the scheduled meetings in October. The City Council adjourned to Executive Session at 11:11 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2004 -39. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 Linda Jentink, City Clerk Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, October 19, 2004, 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 DeBettignies was out of town. Also present were Assistant Administrator Weitzel, City Attorney Vose, Community Development Director Lindquist, Police Chief Kalstabakken, Parks Recreation Director Schultz, and Conununications Coordinator Cox. The Pledge of Allegiance was said. Assistant City Administrator Weitzel noted clarification changes to the assessment hearings on page 4 and 5 of the October 5, 2004 City Council minutes. Staff requested that Item 6.n. be pulled from the agenda for future consideration. An add -on item for the Consent Agenda was suggested to set a Special Council meeting on October 28, 2004. Mayor Droste moved to accept the agenda with changes to the October 5, 2004 minutes, removing Item 6.n. Rosemount Crossing Proposed Revision to Resolution 2004 -124, Final Plat and Subdivision Agreement; and adding one item to the Consent Agenda, as 6.o. Set Special Meeting for October 28. Second by Strayton. Ayes: Four. Nays: None. The agenda was adopted. Public Comment Myron Napper, 338 145 Street East, was unhappy that he was not invited to be part of the Hwy 52 CR42 study group. Mr. Napper felt he could fairly represent residents on the east side of Rosemount. Mayor Droste explained that three major landowners were invited. This included Flint Hills Resource, University of Minnesota Rosemount, and a mining company representative in that area. The meetings were public meetings which allowed residents to attend. The meetings were also divided into quadrants to better address land owners. Council Member Riley noted it is still very early in the process. Mayor Droste said that Mr. Napper will be notified of future meetings. Matt Kamey, 14125 Crocus Way, representing Rosemount Area Hockey Association (RAHA) reported That 350 kids have registered for hockey this year. There is limited ice time and the registration is up 20% from last year. RAHA has spent $27,000 on purchasing ice time. The largest increase was in the 5 to 8 year old range. Mr. Karney encouraged City Council to follow up on the Facility Task Force results and proceed with plans for a new arena for multi purpose and year around use. Reflections /Brockway Project Update Communications Coordinator Cox reported on the removal of the twin smoke stacks at the Brockway Glass Plant on Highway 3. The demolition of the 44 -year old factory is a key step toward the development called Reflections into single family homes and townhomes. A 90- second video was shown of the smoke stacks falling. The last of the rubble will be gone by January 2005. Twinhome models may be ready by the end of winter. 1 Consent Agenda Council Member Strayton requested Item 6. h. be pulled for discussion. MOTION by Riley to approve the Consent Agenda with the amended Minutes, pulling Item 6.n. and adding Item 6.o. Second by Shoe Corrigan. Ayes: Droste, Riley, Strayton, Shoe Corrigan. Nays: None. Motion carried. a. Minutes of October 5, 2004 Regular City Council Meeting Amended b. Bills Listing c. Expenditure Approval from Donation Account Administration d. Expenditure Approval from Donation Account Parks Recreation e. Change Order #1 Biscayne Pointe 5' Addition Street Utility Improvements, C. P. 367 f. Change Order #1 Biscayne Pointe North Street Utility Improvements, City Project 370 g. Payment #7 Final Bloomfield Vineyards Street Utility Improvements, City Proj. 368 h. S with IIallowecn Event Committee Pulled for discussion i. Lot Split Recombination, Cynthia Duane Smith, 14875 14885 Dodd. Blvd., 04 -64 -LS j. Lot Split Combination, Amy Robert Golla, 3150 3160 145` St. W, 04 -62 -LS k. Zoning Text Amendment for Temporary Buildings in General Industrial District, 04 -61 -TA 1. Interim Use Permit Flint Hills Resources LP, 04- 67 -IUP m. lnterfund Loan Transfer Approval It Pulled Rosemount Crossing Proposed Revision to Resolution 2001 124, Final Plat and o. Add -On Set Special Meeting for October 28, 2004 at 6:30 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 2004 Services Agreement with Halloween Event Committee Council Member Strayton wished to highlight the Haunted Woods Trail offered to residents this weekend, Saturday October 23 at 6:00 p.m. to 8:00 p.m. MOTION by Strayton to approve the 2004 service agreement with the Halloween Event Committee. Second by Shoe Corrigan. Ayes: Riley, Strayton, Shoe Corrigan, Droste. Nays: None. Motion carried. PUBLIC HEARING: Ordinance Amendment for City Code 7 -4: Animal Control and Zoning Code B Mayor Droste reviewed the Public Hearing process which allows for a staff presentation, council member questions of staff, and then time for public input. Police Chief Kalstabakken reviewed the changes proposed for the animal control ordinances over the past three years. Many of the changes were necessary to be consistent with new Minnesota State Statutes prohibited exotic animals and dangerous dogs. Rosemount would like to address the need for dangerous dog owners to attend an animal behavior course. Staff would further encourage the prohibition of all regulated animals by the State. This would disallow monkeys. Many rural residential residents own horses which are not in compliance with local laws because the residents have less than the required 5 acres. Staff recommends a minimum of 2.5 acres for horse owners and then one horse per acre. The current minimum acreage is 5 acres. The 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 2004 treatment of horses regulated includes feces maintenance to limit neighbor complaints. Residents will be limited to combination of 3 cats /dogs /ferrets. If there are more animals, a maximum of 5, a residential kennel perniit would be required. Currently there are no provisions for a residential kennel permit. There are also provisions for service animals and emergency preparedness animal care. This was the first reading of the amendment to the Animal Control and Zoning Code B. No action will be taken this evening. Council Member Strayton noted that lions, tigers, bears, monkeys, and gorillas would be prohibited. Council Member Shoe Corrigan approved of the residential and commercial kennel licenses. Shoe-Corrigan inquired if the changes would be different for farts than for the urban residential areas. Shoe Corrigan stated that she believes that it is common for farms to have several "barn cats" and that this should be treated differently than a typical city residence. Council Member Riley was happy to see the more restrictive rules for exotic animals. Mayor Droste asked how the changes will be communicated to the residents. Police Chief Kalstabakken said notices will be placed in the newsletter, newspaper, city web site, handouts in the Police Department and City Hall lobby. Council Member Strayton asked for more information on how close this ordinance mirrors neighboring conununities. Police Chief Kalstabakken noted that more city funds are spent on cats than dogs in Rosemount. Mayor Droste opened the Public Hearing for public comment. Ed McMenomy, 4122 143 Street, said he thought it would be a mistake to have horses on less than five acres. He believed that problems would arise between neighbors. Doug Young, 1741 135 Street West, was concerned about the horse feces maintenance. He noted that often it is not safe to dismount to pick up your horses' manure. Also. if a horse is in training it would not be a good idea to dismount. Mr. Young would agree to return to the site following his ride to remove the horse manure, but he would like to avoid being issued a ticket is someone observed the need for removal of the manure and reported it to the police. Police Chief Kalstabakken noted that common sense should be used. Mayor Droste noted that the second reading should be November 3rd at the regular City Council meeting. Connemara Crossings PUD Final Development Plan by Basic Builder, 04 -63 -PUD Community Development Director Lindquist reported on the proposed development by Basic Builders on the southwest corner of Biscayne Avenue and Connemara Trail. The proposal includes ten twinhontes and eight townhontes totaling 44 units. The concept plan was approved in August, 2004. The Comprehensive Guide Plan was changed from Public /Institutional to Urban Residential on June 3, 2003 by the Metropolitan Council. The zoning was further changed to R -2 Moderate Density on August 17, 2004. Extensive landscaping and berming is planned to mitigate the impact of the adjacent railroad to the west. The final development plans were revised to address landscaping islands in two cul -de -sacs, dedication of right-of-way for Biscayne Avenue and all streets, dedication of drainage and utility easement over the entire development, 5 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 2004 foot wide sidewalks on Biscayne and one side of interior streets, landscape screening on west side. and trails between two green spaces with a gazebo. Council discussed the islands in the two proposed cul -de -sacs. Mayor Droste understood that snow plowing is difficult in cul -de -sacs but that the amount of snow in any winter is varied. Landscaping in the islands can soften the neighborhoods and are appreciated by residents the entire year. Council Member Strayton pointed out that children usually enjoy the open space in a cul -de -sac for playing, however he would agree with the Planning Commission's recommendation to allow landscaping in the island of the cul -de -sac. Council Members Riley and Shoe Corrigan agreed. City Attorney Vose rioted a revision to condition 2. on the resolution. MOTION by Shoe Corrigan to adopt a resolution approving the Planned Unit Development (PUD) Final Development Plan and Preliminary Plat for 44 attached single- family residential units in 10 twinhome and 8 townhome buildings on the vacant property located in the southwest corner of Biscayne Avenue and Connemara Trail, subject to conditions including 2. Creation of landscape islands in both cul -de -sacs to provide additional space for snow storage. Second by Strayton. Ayes: Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Developer Ed McMenomy was concerned with the right -of -way on Biscayne in regard to the sidewalk. He asked who would maintain the green space and was advised to work with Public Works on placement of the sidewalk due to the slope at the north end of the property. Zoning Text Amendment Planned Unit Development (PUD) 04 -65 -TA Community Development Director Lindquist and staff have reviewed the process for Planned Unit Development (PUD) applications. Staff reported that the application did not provide adequate initial information and that the land should be zoned to a distinct PUD designation. The text amendment proposed would replace the existing PUD ordinance and meets the criteria designated by City Council at a recent workshop. The amendments includes a Development Standards section containing 13 specific elements, it outlines a new review procedure requiring a Concept Plan, and changes the current Concept Plan to function as a Master Development Plan. Staff will be provided more detail earlier in the review process in order to give better project analysis. The Planning Commission held a Public Hearing on September 28, 2004 and then unanimously recommended the Council approve this amendment. Mayor Droste pointed out this would not affect any current PUD applications, but only new applications received after publication of the ordinance. MOTION by Strayton to adopt an ordinance amending Section 12.6 of the Zoning Ordinance relating to Planned Unity Development (PUD) Standards. Second by Riley. Ayes: Droste, Riley, Strayton, Shoe Corrigan. Nays: None. Motion carried. Metropolitan Council 2030 Transportation Policy Plan Community Development Director Lindquist reviewed this plan as it affects regional transportation systems within and adjacent to the City. A letter was prepared with the City Engineer to point out concerns in five areas 1) CSAH 42 access spacing criteria and funding. 2) TH 3 Preservation Corridor designation is not acceptable as Rosemount is growing. 3) Strategy 11 e. requires local funding to offset a project scope increase to keep the project in the initial program year and this is not acceptable. 4) Cost sharing at the local level as referenced in the plan is underestimating the financial resources needed. And 5) Policy 12, Strategy 12C and 12D do not provide for any mechanism to deal with special situations to change funding priorities. Project costs cannot be controlled by the City and often highway interchanges do affect surrounding cities and counties. Mayor Droste noted that projects such as the TH52 /CR42 interchange will be looking for both state and federal funding. MOTION by Shoe Corrigan to authorize submittal of Letter to Metropolitan Council. Second by Riley. Ayes: Riley, Strayton, Shoe Corrigan, Droste. Nays: None. Motion carried. Announcements Mayor Droste reviewed the scheduled meetings in October and the first week of November. On October 23 the Halloween Haunted Trail will be held from 6:00 p.m. to 8:00 p.m. The City Council adjourned at 8:53 p.m. The City Council Agenda Packet is Clerk's File 2004 -41. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 2004 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 28, 2004 Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was duly held on Thursday, October 28, 2004, at 6:30 p.ni. at the Rosemount City Hall, 2875 145` Street West, in the Council Chambers. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Riley, and Strayton present. Also present were City Administrator Verbrugge, Assistant City Administrator Weitzel, Community Development Director Lindquist, Parks and Recreation Director Schultz, and Communications Coordinator Cox. AGENDA City Administrator Verbrugge indicated two updated memos had been distributed, the Rosemount Crossing PUD Agreement and an Access Agreement for the Irish Sports Donie LLC which would replace Item 2E. Wicklund Property. MOTION by Droste to adopt the amended agenda with the updated memo and change on item 2E. Second by DeBettignies. Ayes: Five. Nays: None. Motion carried. CONSENT: ROSEMOUNT CROSSING PUD Community Development Director Kim Lindquist reviewed the request from the developer of Rosemount Crossing to clarify language relating to parking issues and control over future tenants. The amended resolution provided for a parking study if the developer introduced additional non retail uses to the site. Council Members requested clarification regarding the color coordination for awnings. Director Lindquist clarified that the design guidelines state that buildings should use primary earth tones with light and bright colors used only for minor accenting. Accent colors should compliment the primary color and may not exceed 5% of any building elevation. After further discussion, Council Members agreed that the awnings would be considered accents for the building but must be generally earth tone in color and compliment the building material except for some minor accenting. MOTION by Shoe Corrigan to adopt a resolution rescinding Resolution 2004 -124 and adopting a revised resolution approving the preliminary plat and planned unit development (PUD) final plan for Rosemount Crossing. Second by Riley. Ayes: DeBettignies, Shoe Conigan, Droste, Riley, and Strayton. Nays: None. Motion carried. MOTION by Shoe Corrigan to adopt a resolution approving the final plat for Rosemount Crossing subject to conditions. Second by Riley. Ayes: Shoe Corrigan, Droste, Riley, Strayton, and DeBettignies. Nays: None. Motion carried. MOTION by Shoe Corrigan to authorize execution of the subdivision agreement for Rosemount Crossing. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies, and Shoe Corrigan. Nays: None. Motion carried. 1 1 1 The special meeting was adjourned at 6:50 p.m. The City Council Agenda Packet is Clerk's File 2004 -43. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 28, 2004 MOTION by Shoe Corrigan to authorize execution of the PUD agreement for Rosemount Crossing subject to minor modifications by the City Attorney. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan and Droste. Nays: None. Motion carried. CONSENT: IRISH DOME LLC Park and Recreation Director Schultz reviewed a draft agreement that would allow the Irish Dome LLC to use the Community Center parking lot driveway to access the dome. They would also be allowed to exit through Schwarz Pond Park. MOTION by Strayton to approve the temporary parking lot and roadway access agreement with Irish Dome LLC. Second by DeBettignies. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, and Riley. Nays: None. Motion carried. MOTION by Droste to close the special meeting. Second by Strayton. Ayes: Five. Nays: None. Motion carried. Respectfully submitted, Maryann Stoffel Recording Secretary Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday. October 28, 2004 at 6:58 p.m. in the Council Chambers at City Hall. Mayor Droste and Council Members Shoe Corrigan, Riley, Strayton, and DeBettignies were present. Also in attendance were City Administrator Verbrugge, Assistant Administrator Weitzel, Conmtunity Development Director Lindquist, Police Chief Kalstahakken, Park and Recreation Director Schultz, and Communication Coordinator Cox. DISCUSSIONS UPDATES 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION OCTOBER 28, 2004 Land Use Discussion of GlenRose Site Community Development Director Lindquist led a discussion regarding the most appropriate land use for a ten -acre parcel located on the east side of Highway 3, mile north of 145`" Street West, and previously known as the Sunrise Lumber site. The property is currently zoned Public /Institutional. Uses permitted by right are all public and institutional uses, facilities and structures. Uses permitted by conditional use are commercial recreation, inflatable domes, stadiums and structures, and cemeteries. Staff indicated the proposed GlenRose project for this property, is for either 51 townhomes and a library, or 75 townhomes. If the townhome project is approved a rezoning and Comprehensive Guide Plan amendment would be needed. Staff is requesting direction regarding the most appropriate land use for this property. Areas of discussion included: traffic concerns, park development, a library, the goals of the City, and commercial uses versus residential use. Council requested additional information and further discussion regarding the land use designation of Public /Institutional at a later worksession. Community Development Director Lindquist presented information regarding enforcement action for property owners who have not complied with the Individual Sewage Treatment System (ISIS) ordinance. Currently, there are 12 property owners where no pumping information is available. Letters encouraging compliance have been sent to these property owners. Staff will present additional updates if property owners fail to respond. Park and Recreation Director Schultz recapped a meeting held to review the 2004 Leprechaun Days event and discuss future Leprechaun Days. The intent is to have a volunteer committee responsible for the planning and implementation of future events. A number of people expressed interest in being part of a group. Mr. Schultz will put together financial reports showing revenues, expenses, donations, etc.. inform the 1 1 1 committee what services the City will continue to provide, and move towards getting a formal contract. Parks and Recreation Director Schultz provided an update regarding the Wiklund Property Preservation Project. This property currently does not have any frontage or access to Bacardi Avenue. The strip of land located between the Wiklund property and the Bacardi Avenue is currently owned by Earl Bester. Staff has been in contact with Mr. Bester regarding the purchase of this land. Staff is exploring other options should Mr. Bester decline the current offer to purchase this property. Mayor Droste requested staff to send thank you notes to the Halloween Committee members. Mayor Droste reminded Council members not to respond to e -mail but to direct response through the City Clerks office. Direct responses could be construed as a meeting. Applebee's opening has been move to January. The regular City Council Work Session was adjourned at 8:10 p.m. The City Council's Agenda Packet is Clerk's File 2004 -43. 2 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION OCTOBER 28, 2004 Respectfully submitted, "22 Yi r y Maryann Stoft Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 3, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Wednesday, November 3, 2004, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 °i Street West. The regular meeting day was changed due to the November 2 General Election. Mayor Droste called the meeting to order with Council Members Riley, Strayton, Shoe- Corrigan and DeBettignies. Also present were City Administrator Verbrugge, City Attorney LeFevere, Community Development Director Lindquist, City Engineer Brotzler, and Connnunications Coordinator Cox. The Pledge of Allegiance was said. City Administrator Verbrugge requested to move Consent Agenda Item 6.1 Authorize Feasibility Report County Road 38 Improvements (Trunk Highway 3 Railroad Crossing) City Project 393 to New Business for discussion of additional information. Consent Items 6.g. and 6.h. regarding SKB had final drafts submitted for the amendments. Election results were provided for Item 8.a. Canvass of Election Results from the November 2 General Election. Item 6.i. Ordinance Amendment of City Code 7 -4, Animal Control and Zoning Ordinance B was pulled from the agenda to be addressed at a future meeting. Mayor Droste moved to accept the agenda with the recommended changes. Second by Strayton. Ayes: Five. Nays: None. The agenda was adopted. Consent Agenda Council Member Strayton requested Item 6. h. be pulled for discussion. MOTION by Riley to approve the Consent Agenda with additional information for Items 6.g., 6.h., and Item 6.h..was pulled for discussion, and 6.i. was removed. Second by DeBettignies. Ayes: Riley. Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. a. Bills Listing b. Receive Donation for Parks Recreation c. Receive Donation for D.A.R.E. and Expenditure d. Expenditure Approval from Donation Account for Parks Recreation e. New Public Road Crossing Agreement- Connemara Trail Overpass, City Project #379 f. Authorize Feasibility Report County Road 38 Improvements (Trunk Highway 3 Railroad Crossing) City Project #393 Moved to New Business g. SKB huerint Use Pennit Amendment for the End Cap Design h Pulled for discussion i. Ordinance Amendment, City Code 7 4: Animal Control and Zoning Ordinance 13 Pulled j. Resolution Requesting a Joint Powers Agreement with City of Eagan for Future Sanitary Sewer SKB Rosemount Community Trust Amendments Council Member Strayton noted that SKB has agreed to partner with the City to apply 50% of the annual revenues to the Trust Fund from SKB toward projects detailed in the City's Capital Improvement Plan and SKB will donate 5500,000 to the City for land acquisition for the Dakota County Branch Library in Rosemount. Strayton commented that this will be a benefit for 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 3, 2004 Rosemount's future and thanked both SKB and the SKB Trustees for working with the City. The selection of the site for the library is being reviewed by the Dakota County Library Board and City Staff. Canvass Election Results City Clerk Jentink presented the final results of two City Council Member positions on the November 2, 2004 General Election ballot. The two Council Members Elect are Mike Baxter, who is presently Chair of the Port Authority, and Phillip Sterner, who is presently serving on the Parks and Recreation Commission. The new council members will take their Oath of Office on January 4, 2005, the first regular City Council meeting for their term of four years. Rosemount had an 83% turnout of voters at the polls. There were 2,371 new registrations received at the polling locations on Election Day. The media and political parties put pressure on election officials and election judges to provide fair and impartial voter registration. Six of the seven precincts had poll watchers throughout the Election Day. All election judges acted properly and provided instruction when needed. Mayor Droste thanked the election judges for their serious dedication to understanding Minnesota election laws and providing leadership in the community. MOTION by Riley to canvass the results of the November 2, 2004 municipal election for two Council Member positions showing Mike Baxter and Phillip Stemer as receiving the majority votes. Second by Strayton. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Interim Ordinance for Properties in the TH 52 /CR 42 2010 MUSA Area Community Development Director Lindquist reviewed land use issues surrounding the area of TH 52 and CR 42 interchange. There have been inquiries from businesses interested in property in that area which is now zoned Mixed Industrial or Agriculture. A building moratorium for the area is being recommended to consider the best possible use of the land. Comprehensive Plan amendments, zoning text amendments and rezonings will result from a study group that includes the major landowners. The area that is not in the 2010 MUSA is controlled by the City since a Comprehensive Plan amendment would be necessary. For that reason those properties are not included in the moratorium. Letters have been sent to all affected property owners to insure they are aware of the proposed moratorium. The moratorium is scheduled to expire on November 1, 2005 unless City Council amends it to end before that time or if necessary, extend it beyond November 1, 2005. Council was firm that one year should be enough time for the study. Mayor Droste said that Rosemount is growing fast and more commercial sites are needed. Council Member DeBettignies encouraged more residents to participate in the study. Staff noted that they are seeking comments and that landowners can call City Hall for meeting dates or concerns. MOTION by Shoe Corrigan to adopt an Ordinance for protecting the planning process and the health, safety and welfare of the residents of the city, placing a moratorium on development in certain areas of the City of Rosemount. Second by Riley. Ayes: Shoe Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 3, 2004 Zoning Text Amendment Temporary Buildings Residential Sales Offices Community Development Director Lindquist presented this as a housekeeping measure to deal with temporary sales trailers for developments. The Planning Commission felt strongly that one year should be sufficient time for model homes to be built and used for the purpose of sales. Staff knew of large projects where additional time may be needed and reconmrends the ability to extend the approval beyond one year. A sales trailer would require a bituminous surface for the parking site if over the one -year limitation. MOTION by DeBettignies to adopt an ordinance amending Section 4.11 of the Zoning Ordinance relating to temporary buildings, to include standards for temporary sales offices. Second by Shoe Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Authorize Feasibility Report County Road 38 Improvements, City Project 393 City Engineer Brotzler gave a report on the preparation of the feasibility report for County Road 38 from TH 3 east to the railroad tracks. Improvements are apparent due to the Brockway residential development. The improvements include widening CR 38 to include turn lanes. storm sewer improvements, and possible sanitary sewer and water line extensions. There will likely be a special assessment proposed for existing properties adjacent to CR 38. Other funding sources will be identified with the feasibility report. Water and sewer will be extended to Rose Terrace Apartments which are now serviced with a septic system. Mayor Droste asked about inclusion of the 15 to 20 lots on the west side of Keagan Lake. Brotzler noted this area is not in the study area. Community Development Director Lindquist said residents can be contacted to see if they may be interested in obtaining city water and sewer. Mayor Droste noted that because the mainlines will be in the street, it could be an option in the future for those residents to hook -up. MOTION by Riley to adopt A RESOLUTION AUTHORIZING THE PREPARATION OF A FEASIBILITY REPORT FOR COUNTY ROAD 38 IMPROVMENTS (T113 —RR TRACKS) CITY PROJECT 393. Second by Strayton. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Announcements Mayor Droste reviewed the scheduled meetings in November. There will be a group meeting for the study of TH52 /CR42 on November 15, 2004, at 5:30 p.m. at City Hall. Mayor Droste moved the meeting to an Executive Closed Session at 8:27 p.m. City Attorney LeFevere noted the purpose of the meeting was to discuss a pending assessment appeal for 14540 Dodd Boulevard. Linda Jentink, y Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2004 -44. Respectfully submitted, 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 16, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, November 16, 2004, 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, Shoe Corrigan, DeBettignies present. Strayton entered at 7:34 p.m. due to school conferences. Also present were City Administrator Verbrugge, City Attorney LeFevere, Assistant Administrator Weitzel, Community Development Director Lindquist, City Engineer Brotzler, Police Lieutenant Kuhns, Parks Recreation Director Schultz, and Communications Coordinator Cox. The Pledge of Allegiance was said. City Administrator Verbrugge noted three changes to the agenda. 1) An add -on item for the Consent Agenda: Set Public Hearing for New Liquor License Application for Applebee's on December 7, 2004. 2) The bid results were added to Consent Item 6.g. Receive Bids and Award Contract for 2004 SCADA System, City Project 377, recommending US Filter. 3) A resolution was provided for the approval of ltem 8.b. Marketing Visual Identity System. Mayor Droste moved to accept the agenda with the additional information for Items 6.g. and 8.b. and adding one item to the Consent Agenda, as 6.1. Set Public Hearing for New Liquor License Application Second by DeBettignies. Ayes: Five. Nays: None. The agenda was adopted. Public Comment Wendy Hartley, 14069 Crocus Way, reported that she had received two parking violations on November 14 for the seasonal parking ban beginning November 1 to April 1. Ms. Hartley said she would understand receiving one ticket as a reminder since there was no threatening winter weather. But, she had received two tickets without any warning which seemed too harsh. In speaking to Mayor Droste, he said that possibly signs could be posted on main streets to remind residents of the seasonal parking ban on residential streets. Ms. Hartley did not contest the fairness of the three- year -old parking ban, but believed residents need notice of it. Citizen Recognition Police Lieutenant Kuhns reported that on September 6, 2004 several children in Rosemount Woods Mobile Home Park were found playing with mercury. Mr. Glen Wagner, a resident there, was alerted to the situation and identified the hazards and reported it immediately to the Rosemount Police Department. Lieutenant Kuhns said that had this not been reported at this early stage the contamination would have been much more extensive and more costly. As it was, a few families did travel to Eagan and Apple Valley before they were notified. The City would like to recognize Mr. Wagner for keen observation of the situation and present him w the "Spirit of Rosemount Award" to thank him. Mayor Droste presented the certificate in appreciation and thanked Mr. Wagner as did the City Council Members and audience with applause. Consent Agenda ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 16, 2004 MOTION by Strayton to approve the Consent Agenda with the addition of Item 6.1. Set Public Hearing for New Liquor License Application. Second by Shoe-Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. a. Minutes of October 28, 2004 Special Meeting b. Bills Listing c. 2004 Solid Waste Haulers License d. 2005 Waste Abatement Community Funding Application e. Access Closure on TH 52 to Clark Road f. Change Order #1, Meadows of Bloomfield and Meadows of Bloomfield 2 Addition, Street Utility Improvements, City Project 351 g. Receive Bids and Award Contract for 2004 SCADA System, City Project 377, US Filter h. Lot Split and Lot Recombination for SKB Environmental, Case 04 -68 -LS i. SKB Environmental Comprehensive Plan Amendment and Rezoning, Case 04 -49 -CP and 04 -50 -ZA j. Mineral Extraction Permit Renewal for 2005 Shafer Contracting Co. Inc., Case 04 -73 -ME k. 10 -Year Capital Improvement Plan 1. Set Public Hearing for New Liquor License Application Applebee's Reduced Front Yard Setbacks for Open Single Story Front Porches Amendment Case 04 -66 -TA Community Development Director Lindquist reported that staff recommends amending the zoning ordinance because of resident interest in adding porches to established homes. This would include single homes built prior to January 1, 1980 in R1A and RI zoning districts. When new development suggests a porch design, the setbacks should not need variances. However, for the older homes that want to update their style, this may he desirable. The Planning Commission reviewed this proposal on October 26. They recommended extending it to the R -1 District. Staff had initially recommended the amendment only apply in the R -1A District. This proposal would allow single story open front porches to encroach 10 feet into the required 30 front yard setback. Council Member Shoe Corrigan noted that once open porches are built it would seem that it would be a natural progression to screen or enclose the porch for additional living space. The proposed zoning ordinance amendment would not allow that. City Attorney LeFevere offered wording that would be stronger by inserting in Section 3.2 following railing, `but not a solid wall Lindquist stated that if a wall is constructed it would trigger the need for a building permit and the resident would have to be informed that a three- or four season porch is not allowed within the front setbacks. However, Lindquist admitted that the City would not usually monitor neighborhoods for this change. Council Member Strayton asked how many homes this would affect. Lindquist replied 841 homes and from those, two residents have already inquired about building porches. MOTION by DeBettignies to adopt an Ordinance amending Section 7.2 of the Rosemount Zoning Ordinance B, permitting single fancily homes built prior to January 1, 1980 to have a open single story front porch which may encroach up to 10 feet into the required 30 -foot front yard setback, provide they maintain a minimum front yard setback of twenty (20) feet and with 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 16, 2004 the additional language to the ordinance, Section 3.2. (following railing) add, "but not a solid wall." Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Marketing Visual Identity System Communication Coordinator Cox reviewed the half -year long process in determining key steps to improving marketing and communications for the City of Rosemount. City staff, residents and business owners have had input into the process. Cox noted that the current logo was adopted in August, 1990 following the Star City Program. This year the City employed Forte Consulting, Inc. and their representative Tom de Ranitz to direct the visual marketing selection. Mr. de Ranitz gave a Power Point presentation and commended the Marketing Committee for its hard work. The goals established important criteria to have enduring style, clean appearance, flexible use, ease of use, consistency, and keeping a green shamrock, but deleting the rose. The font chosen, Weiss, was strong and clean, and has a serif format. The theme chosen to market Rosemount the best was "Spirit of Pride and Progress." Cox said that the logo would be incorporated as material needed to be replenished under normal use. Council Member Strayton said he would like to see the shamrock added to the Chippendale Water Tower as soon as possible and encouraged use of the new logo for items that have been "on hold" waiting for the new design. City Administrator Verbrugge acknowledged the group of City employees who put in a lot of time for the marketing plan headed by Assistant City Administrator Dawn Weitzel and Communications Coordinator Alan Cox. The next step will include design guidelines to direct implementation and new uses of the marketing visual identity system. Council Member Riley said the simple yet professional design will be good for marketing our community. MOTION by Riley to approve the resolution for updated designs and copy. Second by Shoe Corrigan. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried. Announcements Mayor Droste reviewed the scheduled meetings in November and the first week of December. On November 25 and 26 the City Hall will be closed for the Thanksgiving holiday. The City Council adjourned at 8:08 p.m. The City Council Agenda Packet is Clerk's File 2004 -46. 3 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING Truth in Taxation DECEMBER 6, 2004 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Monday, December 6, 2004, 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, Shoe Corrigan, Riley, and Strayton present. Council Members Elect Baxter and Sterner also attended. City Administrator Verbrugge, Finance Director May, and Communication Coordinator Cox also attended. 2005 Budget and Levy Presentation Mayor Droste introduced Finance Director May to present the 2005 budget and levy. Finance Director May reviewed the legal process necessary to approve the City Budget for 2005. This meeting allows the residents of Rosemount to voice concerns or ask clarification questions for the budgeted expenses and revenues of city funds. City Council will consider final approval at the regular December 7. 2004 City Council meeting. The approved resolutions and budget documents will be compiled into a final book for use by City departments for direction throughout 2005. All remaining reporting requirements to Dakota County and the State of hMinmesota will be completed by year end. Finance Director May gave a Power Point Presentation showing the monthly development of the budget since April. In September the proposed levy was sent to Dakota County. This proposed tax rate was reduced from the 2004 Tax Rate of 52.368% to 46.468%. This was the largest city tax rate decrease in Dakota County. A reduction of $300,000 was made to the Street CIP from the original proposal. Hopefully. the tax rate will be reduced as the City continues to grow. Minimal changes have been made to the budget format. Enterprise Funds were added to the overall documents for the first time this year. The Port Authority added a line item for an Operating Levy for the downtown redevelopment. City insurance needs have increased because of city growth and additional employees. Council Member Riley noted the GASB 34 reporting requirements which were added last year. City Administrator Verbrugge reported that the Star Tribune newspaper gave a comparison of metro area taxes and home valuation on December 5, 2004. The median local market value (LMV) for a home in Rosemount is $212,000. The average LMV is 5240,000. The information in the comparison included proposed tax rates submitted in September and did not include any reductions from the proposed taxes to those being considered for final budgets. The City of Rosemount, for the median valued home in District 196, showed a 3.9% increase for all taxing jurisdictions. That figure compared favorably to most other communities in Dakota County. Council Member Strayton explained that the budget is an adjustable document. The Market Value Homestead Credit is as good as gone and the State has cut city revenues tremendously the past three years. The City cannot rely on the State for revenues. City Council has tried to improve the tax base for stability and keep taxes low to encourage commercial growth. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING Truth in Taxation DECEMBER 6, 2004 Mayor Droste opened the Public Hearing for public comment on the City's budget and levies. Forrest Krogh, 2685 132 Court West, asked about the budget process. City staff and City Council were involved in the specific review of each department's expenditures. Mr. Krogh asked what the average value of a Rosemount home was and City Administrator Verbrugge noted the Dakota County Assessor's Office reports that amount is 5240,000. Council Member Strayton left the meeting due to a family commitment at 6:57 p.m. Council Member Elect Sterner asked why the street maintenance budget was selected for the $300,000 cut. Council and staff explained that the original amount proposed was cut, but that amount had not been accepted into the 2004 budget. Mayor Droste stated that the amount for street maintenance was still increased 66% over 2004. Sterner also asked why the Senior Citizen Coordinator position recommended by the Facility Task Force was not included in the budget. Council Member Shoe- Corrigan explained that the City Council has just started to analyze that study and will continue to plan how to work it into the city budget. The study of this report is in the goals for City Council in 2005 and the possibility of a Senior Coordinator is acknowledged. Funding will need to be detemiined for that position in the future. Mayor Droste noted that many reductions from the original draft budget were made including a police officer position. Priority goals will determine how funds are apportioned in 2006. Sterner asked about local government aid from the State and whether the City Council had planned for further reductions. City Administrator Verbntgge noted that the budget does anticipate receiving Market Value Homestead Credit (NIVHC) in 2005, however staff had presented recommendations to the City Council during budget discussions on how the City can address the loss of MVHC. MOTION by Droste to close the Public Hearing for Truth in Taxation. Second by Riley. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Motion carried. Council Member Kini Shoe Corrigan noted that she had a whole wish list from the library being built sooner to preserving open space. Staff and Council worked very hard on the budget and had many interesting conversations. Shoe Corrigan noted she looks forward to the corning year's challenges and looks for good things to happen in Rosemount. Mayor Droste noted that the adoption of the 2005 levy and budgets will be considered by the City Council at its December 7, 2004 regular meeting. Mayor Droste adjourned the meeting at 7:01 p.m. The City Council Agenda Packet is Clerk's File 2004 -47. Respectfully submitted, 0/ LCD Linda Jentink, tty Clerk Recording Secretary 1 1 1 ROSEMMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 7, 2004, 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, Riley, Shoe Corrigan, DeBettignies present. Council Member Elect Sterner attended. Also present were City Administrator Verbnigge, City Attorney LeFevere, Assistant Administrator Weitzel, Community Development Director Lindquist, City Engineer Brotzler, Police Chief Kalstabakken, Parks Recreation Director Schultz, Finance Director May, and Communications Coordinator Cox. The Pledge of Allegiance was said. City Administrator Verbnugge noted three changes to the agenda 1) Item 6.f. Tree City Application for Recertification made a change to the Forestry Work Plan by including $10,000 for landscaping 2) Item 6. j. Receive Bids and Award Contract for Connemara Trail, City Project 379: the bid results were added recommending Lunda Construction Co., Black River Falls. 3) Item 7. Public Hearing for Applebee's On -Sale Liquor License Application: additional information showing the number of on -sale liquor licenses are limited to six in Rosemount. Mayor Droste moved to accept the agenda with the additional information for Items 6.f., 6.j. and 7. Second by DeBettignies. Ayes: Five. Nays: None. The agenda was adopted. Public Comment Drew Storley, 14808 Boston Circle, spoke against the rezoning of property to commercial next to residential homes near the northeast corner of Highway 3 and County Road 42. Mr. Storley noted that 51 new homes were built with quiet streets and a safe neighborhood. Mr. Storley said this change to a large retail commercial area would change the neighborhood, lower property values, and asked City Council to consider the quality of life for the current residents. Mayor Droste noted that this area is the Rosewood Village development and the reguiding issue is scheduled to be before the City Council on December 21, 2004. Julie Benson, 2722 148 Street, said they bought their dream home in Rosewood Village Development. She said the train is not a problem and she has seen many metro areas build residential near railroad tracks. Ms. Benson reported that crime is low and kids play outside safely. Ms. Benson stated she is opposed to commercial zoning or low income housing because it would cause crime to rise and change their neighborhood. Joe Dangor, 14896 Brenner Court said he moved into Rosewood Village last February. One reason they liked the location was they could walk to the downtown area. Mr. Dangor said about 90 children live in this development and many play in the cul -de -sacs and streets. Mr. Dangor stated that many homes here have property values of $340,000 and they would not like to see duntpsters in their back yards from a conunercial business. Mr. Dangor asked City Council to appeal to their sense of responsibility to Rosewood Village and to think about how a large chain retailer would affect local business owners. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 2004 City Administrator Verbrugge suggested that others in the audience who may wish to leave written comments for the December 21, 2004 City Council meeting leave them with the City Clerk. The City web site also can receive comments that would be directed back to the City Council. Consent Agenda Mayor Droste asked that Item 6.k. and 6.s. be pulled for discussion. Council Member Strayton asked that Items 6.1. be pulled for discussion. IIIOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.k., 6.1 and 6.s. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. a. Minutes of October 19, 2004 Regular Meeting b. Minutes of November 3, 2004 Regular Meeting c. Minutes of November 16, 2004 Regular Meeting d. Bills Listing e. Receive Donation for Parks Recreation f. Tree City Application for Recertification g. Liquor License Renewal for 2005 h. D.A.R.E. and School Liaison Services Agreement i. Change Order No. 1, Reflections Addition Street Utilities Improvements, City Project 381 j. Receive Bids:Award Contract for Connemara Trail Overpass, City Project 379 k. Authorize Preparation of Feasibility Report for 2005 Pavement Management Project, C.P. 392 Pulled for discussion 1. Approval of Non Union Salaries for Year 2005 Moved to Work Session 12/15 m. Accept Tort Liability Insurance Limits n. Early Payoff of 2003 Lease Purchase for Snowblower with Plow and Attachments a. Approval of 2005 Budget: Setting 2005 Levies and Budget P. Ordinance Amendment City Code 7-4: Animal Control and Zoning Code B q. CDBG Application r. Reflections (Brockway) Final Plat renamed `Harmony" s. Rosewood Village Second Addition Condition Modification Pulled for discussion t. Decertification of the Business Park Tax Increment Financing District 6.k. Authorize Preparation of Feasibility Report for 2005 Pavement Management Project, C.P. 392 Mayor Droste wished to notice the general public of the area that will be upgraded next year. City Engineer Brotzler reported the proposed street improvements will be within the Rose Park Addition, Rahn's 1" through S Additions, Dodd Court, and 130 Street West. The majority of this area is boxed by CR 42, HW4'Y 3, 145 Street West and Chippendale Avenue. Brotzler noted there will be informational meetings for residents which provide estimated costs and assessments. These meetings will likely begin in February with a public hearing in March. Mayor Droste noted that some Tots have had issues with flooding and he directed City Staff to ask for historical information from residents. MOTION by DeBettignies to adopt A RESOLUTION AUTHORIZING A FEASIBILITY REPORT FOR THE 2005 PAVEMENT MANAGEMENT PROJECT, CITY PROJECT 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 2004 392. Second by Shoe Corrigan. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays: None. Item 6.1. Approval of Non -Union Salaries for Year 2005 Council Member Strayton was not convinced that the proposed salary increases were warranted. Strayton stressed his concerns for this does not reflect the job performance of any individuals. Strayton stated that City Staff have done an outstanding job, but, payroll is a significant part of the budget. City Administrator Verbrugge noted that the salary adjustment is for a 3% increase to be consistent with union increases. Since the adoption of the MN Pay Equity Act, Rosemount is required to report pay equity compliance every five years. In addition to pay equity, the City compares itself with comparable markets (Stanton VI cities) to help determine compensation scales. Rosemount's non -union compensation plan contains a range of steps within each position. This is in alignment with the compensation plans of our collective bargaining units as well as that of other cities. Council Member Strayton did not discern that the City would be out of compliance by the information provided. He requested additional information. MOTION by Riley to move to table 6.1. Approval of Non -Union Salaries for Year 2005 to be brought back to the December Council Work Session. Second by Strayton. Ayes: Droste, Riley, Strayton. Nays: DeBettignies, Shoe Corrigan. Motion carried. Staff was directed to show any time limits, details of salaries and how they fit with other cities, and budget impact. Item 6.s. Rosewood Village Second Addition Condition Modification Mayor Droste asked staff to explain the change requested. Community Development Director Lindquist reported that the climate had delayed the completion of the landscaping which was required in order to issue building permits at Rosewood Village 2" Addition. Since this was beyond control, staff recommends that the fencing would be required to be completed prior to issuing building permits and the landscaping would be proportionate to the first phase. MOTION by DeBettignies to adopt A RESOLUTION MODIFYING CONDITION 6 OF RESOLUTION 2004 -81. Second by Strayton. Ayes: Shoe Corrigan, Droste. Riley, Strayton, DeBettignies. Nays: None. Motion carried. PUBLIC HEARING: Applebee's On -Sale Liquor License Application Mayor Droste reviewed the public hearing process. The Affidavits of Publication and Posting were on file. City Clerk Jentink reported that Applebee's has complied with the on -sale liquor license fees, insurance, and investigation for the 2005 license year. The sale of liquor would not be allowed until a Certificate of Occupancy is obtained from the City of Rosemount. The Police Department conducted an investigation of the primary applicants and the local manager, Travis 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 2004 Christopherson. The investigation did not convey any reason to deny the liquor license. Jentink also noted that City Code limits liquor licenses in Rosemount to six on -sale liquor licenses. There are four current on -sale liquor licenses: Celts, McDivot's, Shenanigan's, and City Limits. There are two available on -sale liquor licenses. Mayor Droste welcomed Applebee's Neighborhood Bar and Grill. Applebee's Manager Travis Christopherson reported that about 100 people have been interviewed for jobs. No one hired is under 18 years of age. All bartenders are 21 years of age or older. Special alcohol training is provided for all employees and there is a no tolerance rule for anyone who would abuse the laws of Minnesota. The opening of the restaurant is planned for January. Mayor Droste opened the Public Hearing for audience comments. No comments were given. MOTION by Droste to close the Public Hearing for Applebee's On -Sale liquor License Application. Second by DeBettignies. Ayes: Five. Nays: None. Motion carried. MOTION by DeBettignies to approve the 2005 On -Sale Liquor License for Applebee's at 15015 Cimarron Avenue, Rosemount, dependent on the issuance of the Certificate of Occupancy and approval of the manager, Travis Christopherson. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Announcements City Administrator Verbrugge noted that a Power Point presentation for the Truth in Taxation Public Hearing will be played on cable television following this meeting and the information will be available on the city web site in video fornrat. Mayor Droste reviewed the scheduled meetings in December. Mayor Droste moved to adjourn the meeting at 8:23 p.m. Second by DeBettignies. Ayes: Five. Nays: None. The meeting was adjourned. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2004 -48. ma} vi I Linda Jentink, ACV Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION DECEMBER 15, 2004 Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday, December 15, 2004 at 6:30 p.m. in the Council Chambers at City Hall. Mayor Droste and Council Members Shoe Corrigan, Riley, Strayion. and DeBettignies were present. Also in attendance were Council -Elect Member Sterner, City Administrator Verbrugge, Assistant Administrator Weitzel City Engineer Brotzler, Project Engineer Aderhold, Community Development Director Lindquist, and Communication Coordinator Cox. Parks Recreation Director Schultz and Finance Director May entered atter the meeting began. Mayor Droste explained the process for work sessions for the residents that were in attendance. DISCUSSIONS County Road 38 Feasibility Report City Engineer Brotzler led a discussion regarding policy implications associated with the proposed extension of sanitary sewer and water service to the property at 132 Street and Dodd Road, and properties on County Road 38 from TH 3 to the east tract line of Reflections. Areas of discussion included the extension of sanitary sewer and water service to the Rose Terrance Apartment building, a comprehensive guide plan amendment, the extension of the MUSA, and levying special assessments to properties that are designated transitional residential. For the properties on County Road 38, Council directed staff to hold informational meetings with the residents, provide as much information as possible, and share options as were discussed this evening. For the property at 132 Street and Dodd Road, Council directed staff to clarify the request for services from the property owner, determine who will assume the cost for the project, and have a meeting with the residents to the south of the project if it looks like the project will move forward. 42/52 Draft Land Use Plan Community Development Director Lindquist recapped the 42/52 land use study group's activities for the past six months. The group has met five times and discussion focused on developing a draft land use plan. Staff requested authorization to begin the public comment process. If Council approves, staff will be mailing invitations to property owners for three neighborhood meetings during January and February of 2005. Comments from these meetings will be forwarded to the Planning Commission. The Planning Commission will begin the formal comprehensive plan amendment process needed to re -guide properties within the 42/52 area. Director Lindquist indicated there would be response cards and a web page available to collect information. It was the consensus of the Council to move forward with the public meetings. Non -Union Salaries Assistant Administrator Weitzel led a discussion regarding the non -union salaries for 2005. The past practice of the City has been to use three factors in determining wage ranges internal equity, Stanton comparison, and cost of living increase. Staff recommended internal equity or Stanton adjustments for the positions of Assistant City Administrator, Public Works Superintendent, Community Center Manager, Parks and Recreations Supervisors, and the City Clerk; and a three percent increase for all non -union positions. 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION DECEMBER 15, 2004 Ann Antonsen of Labor Relations Associates was present to answer questions regarding the processes used to determine internal equity and Stanton comparisons. Areas of discussion included past practice, legal requirements for pay equity, and developing a compensation policy. The Council directed staff to prepare for a three percent market adjustment, adjust the ranges for the five identified positions. develop a compensation policy, and bring the compensation policy back to Council at the beginning of 2005 for review and discussion. UPDATES The US Navy's lease of 88 acres in UMore Park will be terminating in January of 2005. City Engineer Brotzler and Community Development Director Lindquist attended a meeting hosted by DCTC regarding the distribution of aggregate taxes collected from mining. Seventy percent of the taxes go to the county and thirty percent goes back to the community hosting the mining activity. The regular City Council Work Session was adjourned at 9:30 p.m. The City Council's Agenda Packet is Clerk's File 2004 -49. Respectfully submitted, Maryann Stoffel Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 21, 2004, 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, Riley, Shoe Corrigan, DeBettignies present. Council Members Elect Sterner and Baxter attended. Also present were City Administrator Verbrugge, City Attorney LeFevere, Assistant Administrator Weitzel, Community Development Director Lindquist, City Engineer Brotzler, Police Chief Kalstabakken, Parks Recreation Director Schultz, and Finance Director May. The Pledge of Allegiance was said. City Administrator Verbrugge noted additional information for four items on the agenda. Item 6.p. 2005 Fees and Fee Policy added memos from Parks and Recreation and Engineering departments explaining some fees: Item 6.w. Purchase Agreement for Bester Property had the recommended motion amended; Item 8.a. Purchase and Lease Agreement for St. Joseph Catholic Church had the City Attorney review and make recommended changes; Item 8.b. Rosewood Estates Comprehensive Guide Amendment added a report on commercial crime activity in Eagan and Apple Valley, a map, and comments from residents. Mayor Droste moved to accept the agenda with the additional information for Items 6.p., 6.w. and 8. a. and b. Second by Strayton. Ayes: Five. Nays: None. The agenda was adopted. Department Heads Reports /Business Police Chief Kalstabakken recommended two citizens for the Spirit of Rosemount award for saving Richard Gibbish on November 18, 2004. Mr. Gibbish was in the car wash on Burma Avenue when he passed out and hit his head. Jeffrey Wilcziek heard the noise from the next bay and went to his aid. Todd Endersbe approached from outside. Mr. Gibbish remained unconscious with labored breathing. Mr. Wilcziek called 9 -1 -1 and he and Mr. Endersbe preformed CPR. Police Officers Julie Rauenhorst and Beth Richtsmeier arrived within a couple of minutes and were able to provide oxygen and used the Automatic External Defibrillator until Mr. Gibbish could breathe on his own. Mr. Gibbish was transported to the hospital. Police Chief Kalstabakken commended Jeff Wilcziek and Todd Endersbe for their quick and unselfish actions which enabled them to save the life of Mr. Gibbish. Mayor Droste presented Certificates of Appreciation to Jeff Wilcziek and Todd Endersbe and thanked them and the well trained Rosemount Police Officers. Recognition of Outgoing Council Members City Administrator Verbrugge recognized out going Council Member Mary Riley for her four years serving, the citizens of Rosemount and Council Member Kevin Strayton who was appointed on February 28, 2003 to fill Sheila Klassen's term. Verbrugge thanked them for their dedication and long range planning for the City of Rosemount. Verbrugge and staff wished them well. Mayor Droste noted their help in planning development such as the library and athletic facilities which will finish in the future. Council Member Shoe Corrigan noted that the good example in citizenship set by them will continue to encourage resident participation. Council Member 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 DeBettignies said they had served with integrity and sacrifice which helped affect residents of Rosemount. Consent Agenda City Administrator Verbrugge pulled Item 6.v. Participation in Purchase of Conservation Easement for Wiklund Property to be addressed at a future meeting. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.v. and additional information provided for Items. 6.p. and 6.w. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. a. Minutes of December 6, 2004 Special Meeting Truth in Taxation b. Minutes of December 7, 2004 Regular City Council Meeting c. Bills Listing d. Receive Donation for Parks Recreation e. Receive Donation for Conmmnity Development f. 2005 Lease Purchase g. Budget Amendments for Donations h. Change Order #1, Payment 8 and Final for Biscayne Point 4 Addition, City Project 352 i. Final Payment, Evenmoor Waterford Addition, City Project 362 j. Final Payment for Well #12, City Project 354 k. Authorize Preparation of a Feasibility Report for Connemara Crossing Street Utility Improvements, City Project 391 1. Authorize Preparation of Plans and Specifications for Meadows of Bloomfield 3 Addn. CP 380 m. On Public Premise Liquor Licenses n. Medical Leave for a Firefighter o. Rosemount Firefighters Relief Association By -Law Change and Scheduled Benefit Increase P. 2005 Fees and Fee Policy q. Non -Union Salaries for Year 2005 r. Amendment to Snowplowing Policy s. 2005 Solid Waste Hauler Licenses t. Community Center /Armory Lease Agreement with MSABC u. Community Center /Armory Maintenance Agreement with Minnesota Army National Guard v. Participation in Puroha ;o of Conservation Easement for Wilclund Property w. Purchase Agreement for Bester Property x. Charitable Gambling License for Lions Club y. Purchase of Skate Park Equipment Adopt Key Financial Strategies City Administrator Verbrugge reviewed the financial planning process for long -terns goals. The City hired Ehlers Associates in 2003 to facilitate several work sessions to develop a Key Financial Strategies document. Verbrugge rioted that this is a `living" document that will be used as a planning tool for the backbone of the city's future. The plan is intended to help the City Council consider individual issues in the much larger context of City services, taxes, 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 community character, and future trends. Council and staff will work on timelines during 2005 to provide more clarification on specific items. MOTION by Riley to adopt the Key Financial Strategies Planning Document. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe Conigan, Droste, Riley. Nays: None. Motion carried. Purchase and Lease Agreement for St. Joseph Catholic Church City Administrator Verbrugge reported that the City of Rosemount is considering purchasing land that will be the future site for a branch library of the Dakota County Library System. A Library Board was established in early 2003 to review the potential 27 library sites. The Board consisted of two Council Members, two city staff, two the Dakota County Library Board members and two Rosemount citizens. This list of sites was narrowed to three properties that fit both the County's and the City's requirements. The three sites were the former Sunrise Lumber site on South Robert Trail across from the entrance to the high school, the Ratzlaff block between 146` and 147` Streets on South Robert Trail in the heart of downtown, and the St. Joseph Catholic Church campus on South Robert Trail. The Dakota Library Board and Dakota County Board of Commissioners both approved the final three sites. St. Joseph's moved their church to the intersection of Biscayne Avenue and Connemara Trail, but has retained the school on South Robert. The City has negotiated purchase terns which would allow the school to operate for six years. The purchase price of the property is $2,375,691.84. Relocation fees, assumed assessment and rent bring the settlement cost to $1.466.958.90. The library design process will begin in 2006 and the building is estimated to be completed in 2009. Council Member Strayton noted the sooner the better and congratulated the Library Board on this first step to bring a library to Rosemount. All school operations will remain the same until it can be moved to the new church campus. It was noted that the sanctuary has sentimental value to many Rosemount residents and that a community based initiative should be organized to determine its future public use. Council Member DeBettignies thanked Ken Buringer of Dakota County Library Board who also thanked the community for their efforts. MOTION by Riley to approve the purchase agreement and lease agreement with St. Joseph Catholic Church. Second by DeBettignies. Ayes: DeBettignies, Shoe-Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Rosewood Estates Comprehensive Guide Amendment Mayor Droste noted that the public was allowed to speak two weeks ago at City Council and the Planning Commission had held a public hearing also prior to that. Droste said that continents would be taken at the end of this presentation for one -half hour allowing representatives to speak for three minutes. Community Development Director Lindquist reviewed the history of the zoning for the parcels next to Rosewood Estates. In 1993 this land was reguided to residential from industrial. Staff is not recommending that rezoning would occur now, but that it would wait for an application from an interested developer and then proceed with rezoning. Staff recommends reguiding the property that fronts along County Road 42 west of Biscayne Avenue and property north of existing commercial, east of Highway 3 to commercial which requires an amendment to the Comprehensive Guide Plan for the two properties here. Rosemount does have a shortage of 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 available commercial property and because of the busy traffic and railroad line and spur in this area, it is better reguided as commercial. A service road from Biscayne Avenue would need to be planned because of limited access onto County Road 42. Lindquist did note that the taxes generated by commercial versus residential compensation are comparable. Public comments showed concern over crime in this area if commercial is allowed. Police Chief Kalstabakken conducted a survey from similar areas in Apple Valley and Eagan and found that crime was not increased. Staff reviewed information on property values near commercial development. The information makes it difficult to draw any conclusions. Staff would look to keep commercial traffic separated from the residential area. There will be a public process which includes a public hearing when a rezoning site plan is considered by the City. City Council Members and the Mayor commented on some of the concerns of resident's letters and e -mails that were presented to them. Mayor Droste opened the meeting to public comments. City Attorney LeFevere continued that a four -fifth's vote would be necessary to move this amendment forward. Patty Dangor, 14896 Brenner Court, urged Council to vote against this Comprehensive Guide Plan amendment. She noted that had they known of the commercial development they would not have purchased in this area. Marc Tobias, 14836 Boston Circle, reported he was looking forward to a church being built and was concerned for increases in traffic and child safety. Mr. Tobias noted that the Planning Commission did not recommend this change to zoning and he did not approve of the rezoning either. Drew Storley, 14808 Boston Circle, noted this was a difficult decision for Council. Mr. Storley asked Council what they would do if it was their house. Mr. Storley asked Council to table their vote and conduct more research and open discussion. Jeanne Kulawczyk, 2614 148th Street West, said she had purchased her dream home in this area in March, 2002. Theirs was the second house built in the development. She said it was terrible that the City had waited until the last lots were sold before bringing up the land use change. Ms. Kulawczyk said the railroad does not bother them and she would be willing to pay more taxes to not have the commercial area there. Vicki Myers, 14810 Boise Circle, had lived a few blocks from the Mall of America and she chose Rosemount as a true neighborhood with a small town feel. This also was her dream home and she liked the quality of life here. Ms. Meyers urged Council to do what was right. Melissa Kenninger, 2734 148`" Street West, noted that this reguiding of land use affects one hundred Rosemount residents and eighty children. She noted that it should be too late to turn back residential is already here. Ms. Kenninger urged Council to vote against this change. Andrea Hinrichs, 14867 Bittersweet Court, said she could not understand why residential was allowed in this area. Ms. Hydrangker said this land use change will greatly affect residents here. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Cheryl DeBetts, 2698 148 Street West, reported that the trains do not bother them. They love their new neighborhood and have made great friends. She asked Council from her heart to vote against this reguiding. David Kolacheck, 2814 148 Street West, was against the land use change. Renee Ward, 2602 148 Street West, reported she had listened to all the information tonight and this will be a hard decision. Council and staff have researched neighboring communities but all these neighbors did the same thing before they bought homes here. Ms. Ward noted she was looking for something else, not convenience, but the small town atmosphere. Mayor Droste thanked all those who had spoken. The Mayor noted that public safety is the Council's first goal. The Mayor said that children will always find the shortest route to their favorite spots and in this case, it could mean crossing a railroad track or highway. Mayor Droste recalled that many City Councils have changed land uses by rezoning when needed or when a developer has made an application to do so. The Light House Church owned the comer lot, but they were not able to move forward with their financing, so plans changed for that piece of property. Mayor Droste said that City Council would have to look to the benefits to the community as a whole. City Engineer Brotzler showed how the frontage road would eliminate any commercial traffic from interacting with the residential streets. Brotzler noted that the ponding may have to be increased in size. All Council Members voiced their concerns and appreciated the residents' comments. Council Member DeBettignies said some of the comments brought up issues from the last community survey' and that the upcoming survey will also help in making decisions. MOTION by Riley to adopt a resolution amending the Comprehensive Guide Plan for two properties in the Rosewood Area from UR- Residential to C- Commercial. Second by Shoe Corrigan. Ayes: Shoe- Corrigan, Droste, Riley, DeBettignies. Nays: Strayton. Motion carried. Mayor Droste reminded the audience that the rezoning will not occur until a developer comes forward to make application for it. Lot Split for Railroad Community Development Director Lindquist reported on the expanding railroad corridor along the southwestern and southern edges of the General Industrial area underneath US 52 crossing at 140 Street East. The larger railroad corridor will provide expanded storage space for rail cars. One parcel of land is owned by Flint Hills Resources and is essentially vacant or undeveloped land. The other parcel is owned by Metropolitan Council (MCES) and the Rosemount Waste Water Treatment Plant is operated there. Recombination of these parcels with the railroad right of -way soles another primary concern of creating small, landlocked fragments of land. Council was agreeable with this solution. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE SERIES OF LOT SPLITS REQUESTED BY THE UNION PACIFIC RAILROAD SUBJECT TO CONDITIONS ATTACHED. Second by Shoe Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. 5 1 Announcements Mayor Droste reviewed the holidays in December and the scheduled meetings in January, 2005. Mayor Droste moved to adjourn the meeting at 10:11 p.m. Second by DeBettignies. Ayes: Five. Nays: None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2004 -50. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Respectfully submitted, V iZ Linda Jentink, City Clerk Recording Secretary L(,C vtib